I keep running into people who tell me so-and-so told them or they read on the Internet such-and-such. I keep seeing sites that say you do not need a GMRS license and that is seeping into forums. I can tell when it is Christmas or when someone has a birthday, because I hear kids on the air. Fortunately they are generally using the FRS channels 8-14 or the shared GMRS/FRS channels 1-7. They do not realize, however, that these are real radios and not toy “walkie-talkies.” During one conversation I heard a kid use the word “emergency” and even gave his location. By his tone I could tell he was goofing around, but it is illegal to call for an emergency when there is not one.

The bottom line is that if the official source on the Internet for the rules should be the Federal Communications Commission. The official rules of all of the radio services are contained in 47 C.F.R..

I call these “rules” because they are not “laws” made by Congress. Congress allows agencies to make up their rules as they go along. Of all of the alphabet bureaucracies, however, I believe the FCC is one of the few that is actually constitutional. Their function is to make sure everyone shares the radio spectrum evenly and fairly. And they are really not Draconian about it.

I will also point out that the FCC makes special provisions for emergencies. Anyone can use any frequency to call for help to prevent the loss of life or property. Just about every radio service states that provision. So if you are camping in the woods and your five-year old wanders off, you can call for help in a search. If your tire pops on the freeway, however, you will need a lot of bars on your cell phone. Unless, of course, there is a medical reason threatening your life.

To get back on topic, 47 C.F.R. is divided into parts. Part 95 covers the personal radio services—citizen band radio (CBRS), general mobile radio service (GMRS), family radio service (FRS) and the multi-use radio service. Part 97 covers amateur radio, also known as Ham radio. We simply refer to them as Part 95 and Part 97.

Part 95 is further divided into Subparts for each radio service. For example, the Subpart covering GMRS is, currently, Subpart A. The GMRS rules in the future will be moved to Subpart E. The rest of the Subparts will remain the same. I will explain this change in a future series of articles on the new rules.

The problem is that people want to twist the language to their advantage. I assure you, however, the FCC is unsympathetic to any statements beginning with, “I saw on the Internet….” Unless you can show it to them on THEIR web site or in 47 C.F.R. Many do not realize that the CBRS, FRS and MURS is “licensed.” There is a legal phrase called licensed by rule. It simply means that you are not required to obtain a hard-copy license and call sign to use these radio services, BUT you must follow the rules. The rules for each of these services are written out, albeit I agree not always clearly, in Part 95.

There are some significant changes concerning all of these services in the upcoming re-write of Part 95. First they have divided the Subparts into clearer sections to assist you in finding information. The information itself may be confusing and that is why the FCC has an email address and phone number. I will do future articles on the changes forthcoming. This article is simply to let you know some important rules concerning licensing and using the radio services.

I want to make it clear that just because you can buy a radio does not mean you can use a radio. I should also note that Part 95 is being totally re-written and there are many changes on the horizon; particularly to GMRS.

Let us start by discussing licensing.
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