82 FR 41096 - Personal Radio Service Reform

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 166 (August 29, 2017)

Page Range41096-41144
FR Document2017-17395

The Federal Communications Commission (Commission) adopted a comprehensive reorganization of and update to the rules governing the Personal Radio Services (PRS). PRS provides for a wide variety of wireless devices that are used by the general public for personal communication uses, which include applications like walkie-talkies, radio controlled model toys, Personal Locator Beacons (PLBs), medical implant devices and other uses. In addition to the comprehensive review and update of the rules to reflect modern practices, the Commission enhanced the General Mobile Radio Service (GMRS) to allow new digital applications, allot additional interstitial channels and extend the license term from five to ten years. It also allotted additional channels to the Family Radio Service (FRS) and increased the power on certain FRS channels from 0.5 Watts to two Watts. It also updated the CB Radio Service to allow hands-free headsets, removed a restriction on communicating over long distances and removed other outdated requirements. These changes and others outlined below will update PRS rules to be more in line with current public demands for the services and will make the rules easier to read and find information, while also removing outdated requirements and removing unnecessary rules.

Federal Register, Volume 82 Issue 166 (Tuesday, August 29, 2017)
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Rules and Regulations]
[Pages 41096-41144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17395]



[[Page 41095]]

Vol. 82

Tuesday,

No. 166

August 29, 2017

Part II





Federal Communications Commission





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47 CFR Parts 1, 15, 73, et al.





Personal Radio Service Reform; Final Rule

Federal Register / Vol. 82 , No. 166 / Tuesday, August 29, 2017 / 
Rules and Regulations

[[Page 41096]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 15, 73, and 95

[WT Docket Nos. 10-119; RM-10762, RM-10844; FCC 17-57]


Personal Radio Service Reform

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (Commission) adopted a 
comprehensive reorganization of and update to the rules governing the 
Personal Radio Services (PRS). PRS provides for a wide variety of 
wireless devices that are used by the general public for personal 
communication uses, which include applications like walkie-talkies, 
radio controlled model toys, Personal Locator Beacons (PLBs), medical 
implant devices and other uses. In addition to the comprehensive review 
and update of the rules to reflect modern practices, the Commission 
enhanced the General Mobile Radio Service (GMRS) to allow new digital 
applications, allot additional interstitial channels and extend the 
license term from five to ten years. It also allotted additional 
channels to the Family Radio Service (FRS) and increased the power on 
certain FRS channels from 0.5 Watts to two Watts. It also updated the 
CB Radio Service to allow hands-free headsets, removed a restriction on 
communicating over long distances and removed other outdated 
requirements. These changes and others outlined below will update PRS 
rules to be more in line with current public demands for the services 
and will make the rules easier to read and find information, while also 
removing outdated requirements and removing unnecessary rules.

DATES: Effective September 28, 2017. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of September 28, 2017.

FOR FURTHER INFORMATION CONTACT: Thomas Derenge (technical), (202) 418-
2451 or Scot Stone (legal), (202) 418-0638, regarding the Report and 
Order in WT Docket 10-119. Both contact persons are in the Mobility 
Division, Wireless Telecommunications Bureau, and may also be contacted 
at (202) 418-7233 (TTY).

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in the part 95 Reform proceeding (part 95 R&O), WT Docket No. 
10-119, RM Nos. 10762 and 10844, FCC 17-57, adopted May 18, 2017 and 
released May 19, 2017. The full text of the part 95 R&O, including the 
Appendix, is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street SW., Room 
CY-A157, Washington, DC 20554, or by downloading the text from the 
Commission's Web site at https://apps.fcc.gov/edocs_public/attachmatch/DOC-344617A1.pdf.
    Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    The Report and Order, in deleting two of the FCC's rules (47 CFR 
95.671 and 95.673), stated that such action would not become effective 
until after the Federal Register publication of the date that the 
Office of Management and Budget (OMB) approved the resulting 
modification of the information collections under the Paperwork 
Reduction Act (PRA) and effective date of such modification. Because 
subsequent review and consultation with OMB has revealed that there is 
no existing clearance that will be modified by the deletion of these 
two rules, OMB review is not necessary. Thus, the same effective date 
applies to all of the rules in the Report and Order.
    Therefore, the effective date for the removal of 47 CFR 95.671 and 
95.673 is the same as the other rule changes adopted in the action.
    The Report and Order moves four provisions that incorporate by 
reference standards for certain part 95 devices to new rule sections. 
The Director of the Federal Register previously approved the 
incorporation by reference (IBR) of these standards and has approved 
moving these standards IBR to new rule sections.
    Specifically, the incorporation by reference of International 
Telecommunication Union (ITU) Recommendation ITU-R M.1459, ``Protection 
criteria for telemetry systems in the aeronautical mobile service and 
mitigation techniques to facilitate sharing with geostationary 
broadcasting-satellite and mobile-satellite services in the frequency 
bands 1 452-1 525 and 2 310-2 360 MHz,'' May 2000, formerly contained 
in old section Sec.  95.1223(c)(2) is now set forth in new section 
Sec.  95.2509(e)(2); the IBR of Radio Technical for Maritime (RTCM) 
Service standard RTCM 11010.2, ``RTCM Standard 11010.2 for 406 MHz 
Satellite Personal Locator Beacons (PLBs),'' with Amendment 1, and with 
Amendment 2, dated June 8, 2012 (RTCM 11010) formerly contained in old 
rule section Sec.  95.1402(a) is now set forth in new rule section 
Sec.  95.2989(b); the IBR of RTCM standard RTCM 11901.1, ``Maritime 
Survivor Locating Devices (MSLD),'' dated June 4, 2012, formerly 
contained in old rule section Sec.  95.1403(b) is now set forth in new 
rule section Sec.  95.2989(c); and the IBR standard of American Society 
for Testing and Materials (ASTM) standard E2213-03, Standard 
Specification for Telecommunications and Information Exchange Between 
Roadside and Vehicle Systems--5 GHz Band Dedicated Short Range 
Communications (DSRC) Medium Access Control (MAC) and Physical Layer 
(PHY) Specifications published in 2003, formerly contained in old rule 
section Sec.  95.1509 is now set forth in new rule section Sec.  
95.3189(a).
    The effective language of each IBR, including the IBR approval from 
the Director of the Federal Register, remains the same, as well as 
information on how to obtain copies of the standards. Further, the 
documents are available for inspection at Commission headquarters at 
445 12th Street SW., Washington, DC 20554. Synopsis

I. Report and Order (Part 95 Reform Proceeding, WT Docket No. 10-119)

A. Overall Reorganization of Part 95

    1. In the part 95 R&O, the Commission used an organizational 
structure somewhat different than what it had proposed in recognition 
that some services were so unique, their technical rules could not 
easily be integrated into a technical subpart. Consequently, the part 
95 R&O eliminated duplication by consolidating identical or essentially 
similar administrative rules that apply broadly to all or most of the 
Personal Radio Services into Subpart A, as proposed; and consolidated 
similar or identical technical rules that apply broadly to all or most 
of the Personal Radio Services into Subpart A instead of into a new 
Subpart B. Additionally, all the rules are written in a consistent 
plain language format and the ``Question and Answer'' format is 
removed.
    2. To reduce confusion, the new rules will not use the same numbers 
as the prior rules and even numbers will not be used to allow room for 
insertion of new rules in the future if needed. The new arrangement of 
subparts, as compared to the existing arrangement, is as follows:

[[Page 41097]]



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          Subpart                   Old topic             Old rules            New topic             New rules
----------------------------------------------------------------------------------------------------------------
A.........................  General Mobile Radio                1-183  Personal Radio Services..         300-399
                             Service (GMRS).
B.........................  Family Radio Service              191-194  Family Radio Service              500-599
                             (FRS).                                     (FRS).
C.........................  Radio Control (R/C) Radio         201-225  Radio Control Radio               700-799
                             Service.                                   Service (RCRS).
D.........................  Citizens Band (CB) Radio          401-428  CB Radio Service.........         900-999
                             Service.
E.........................  Technical Regulations....         601-673  General Mobile Radio            1700-1799
                                                                        Service (GMRS).
F.........................  218-219 MHz Service......         801-861  218-219 MHz Service......       1900-1999
G.........................  Low Power Radio Service         1001-1019  Low Power Radio Service         2100-2199
                             (LPRS).                                    (LPRS).
H.........................  Wireless Medical                1101-1129  Wireless Medical                2300-2399
                             Telemetry Service (WMTS).                  Telemetry Service (WMTS).
I.........................  Medical Device                  1201-1225  Medical Device                  2500-2599
                             Radiocommunication                         Radiocommunication
                             Service (MedRadio).                        Service (MedRadio).
J.........................  Multi-Use Radio Service         1301-1317  Multi-Use Radio Service         2700-2799
                             (MURS).                                    (MURS).
K.........................  Personal Locator Beacons        1400-1402  Personal Locator Beacons        2900-2999
                             (PLB).                                     (PLBs).
L.........................  Dedicated Short Range           1501-1511  DSRCS On-Board Units            3100-3199
                             Communications Service                     (OBUs).
                             On-Board Units (DSRCS-
                             OBUs).
----------------------------------------------------------------------------------------------------------------

    3. Additionally, in order to make it easier to find information, 
the new rules are arranged in each subpart using, to the extent 
possible, a common template as follows:

----------------------------------------------------------------------------------------------------------------
         Administrative rules              Operating rules          Technical rules          Marketing rules
----------------------------------------------------------------------------------------------------------------
1 scope..............................  31 permissible uses....  61 equipment             91 marketing
                                                                 certification.           limitations
3 definitions........................  33 prohibited uses.....  63 frequencies,          93 labeling
                                                                 channels.
5 authority to operate...............  35 use of certified      65 frequency accuracy..  95 disclosures
                                        equip.
7 station locations..................  37 modified equipment..  67 transmitting power
                                                                 limits.
9 coordination procedures............  39 external equipment..  69 field strength
                                                                 limits.
11 FCC correspondence................  41 antenna height limit  71 emission types......
13 violations, penalties.............  43 operator              73 emission bandwidths.
                                        responsibility.
15 reserved..........................  45 remote control......  75 modulation limits...
17 antenna registration..............  47 automatic control...  77 tones and signals...
19 station maintenance...............  49 network connection..  79 unwanted emissions..
21 reserved..........................  51 station               81 voice obscuring
                                        identification.          features.
23 station inspection................  53 false communications  83 reserved............
25 interference......................  55 reserved............  85 RF exposure.........
27 restricted operation..............  57 duration of           87 additional
                                        transmissions.           requirements.
29 how to contact FCC................  59 channel sharing.....  89 industry technical
                                                                 standard.
----------------------------------------------------------------------------------------------------------------

    4. Technical Issues. The Notice of Proposed Rulemaking released 
June 7, 2010 in the part 95 Reform Proceeding (Notice of Proposed Rule 
Making and Memorandum Opinion and Order on Reconsideration, WT Docket 
No. 10-119, 25 FCC Rcd 7651) (part 95 NPRM), proposed several technical 
changes to the part 95 rules such as to establish channel numbers 
across the PRS; to use consistent and up-to-date technical units of 
measure for frequency tolerance, power limits, and unwanted emissions 
for all PRS; and to conform and clarify the rules pertaining to voice 
obscuring in PRS devices. The part 95 R&O declined to establish channel 
numbers across part 95 because the record did not support the change. 
Similarly, the part 95 R&O did not find sufficient justification to 
change any particular power limit (with exception of increased power 
for certain Family Radio Service (FRS) channels as discussed below). 
The part 95 R&O did update frequency tolerance and stability 
requirements to express the limits in terms of parts per million and 
removed the requirement that transmitters use crystal control to keep 
frequencies stable in recognition that technologic advancements made 
the requirement unnecessary. Further, the Commission concluded that 
voice obscuring features are not appropriate for part 95 services. 
Specifically, the Commission stated that voice obscuring features on 
services like General Mobile Radio Service (GMRS) and FRS undermine the 
``listen-before-talk'' etiquette used in these services, prevents self-
policing by other device users and hinders communications during 
emergency calls, without providing true security against eavesdropping. 
Therefore, part 95 devices that include voice obscuring features will 
not receive equipment authorization 90 days after the effective date of 
the rules prohibiting these devices, and the rule also prohibits the 
manufacture, import, sell or offer for sale of non-compliant devices 
two years after the effective date of the rule. The Commission did not 
prohibit the continued use of existing radios with voice-obscuring 
features to minimize the burden of this rule on consumers, but it 
suggests that operators refrain from using such features, and advises 
them not to rely upon such features for security in communicating 
private information.

B. GMRS

    5. GMRS is a long standing service in part 95 with a regulatory 
structure grounded in the assumption that GMRS systems are designed 
like traditional land mobile systems, i.e., comprised of handheld 
portable units, mobile stations, base stations, and repeaters. However, 
rather than obtaining exclusive authorization for specific channels at 
specific locations, GMRS users had to obtain an individual license 
valid for five years, which allowed them to share the GMRS channels 
with other GMRS licensees. GMRS is allotted sixteen 25 kilohertz main 
channels (eight main channels in the 462 MHz band and eight main 
channels in the 467 MHz band). Between (and partially overlapping) the 
462 MHz main GMRS channels are seven interstitial channels designated 
for GMRS use (25 kilohertz bandwidth). The Family Radio Service (FRS) 
is allotted 14 interstitial channels (12.5 kilohertz bandwidth and only 
0.5 Watts power) between (and partially

[[Page 41098]]

overlapping) the GMRS main channels in the 462 MHz and 467 MHz bands.
    6. GMRS licensing issues. Given that many part 95 services are 
``licensed-by-rule'' and use low powered devices without the need for 
an individual license, the part 95 NPRM explored whether the Commission 
should continue to license GMRS, permit higher powered land mobile 
operations, or change the structure of the types of devices used under 
GMRS. Most commenters oppose eliminating the GMRS licensing requirement 
due to concerns that it would result in a decline in the operating 
etiquette that is essential to successful channel sharing or due to the 
unique flexibility that GMRS allows licensees to operate higher powered 
land mobile systems. Therefore, the part 95 R&O maintained the 
individual licensing requirement for all GMRS stations. However, as 
addressed below in the discussion of issues pertaining to the FRS, the 
part 95 R&O revised the rules to reclassify many GMRS/FRS hand-held 
combination radios as FRS units that do not require an individual 
license. Further, to reduce the administrative burden on GMRS licensees 
and FCC staff, the GMRS license term was changed from five to ten 
years, which will also reduce the cost because only one application fee 
is needed every ten years instead of two.
    7. GMRS data applications. The part 95 R&O granted a Petition for 
Rulemaking filed by Garmin which would allow GMRS handheld portable 
devices to transmit digital data messages. These messages will be 
limited to location information, requests for location information from 
other units, and brief text messages to another specific unit; must be 
initiated by a manual action or command of a user, except that a unit 
receiving a location request from another unit may automatically 
respond with its location; must not exceed one second in duration; and 
must not be sent more frequently than one digital data transmission 
within any thirty-second period, excluding automatic responses to 
location requests. Moreover, GMRS transmitters capable of digital data 
transmissions: Must have integrated (i.e., non-detachable) antennas; 
and may make digital data transmissions only on the 462 MHz GMRS 
channels and the new 467 MHz interstitial GMRS channels shared with the 
FRS. In addition, the part 95 R&O limited the occupied emission 
bandwidth of digital data transmissions to 12.5 kilohertz on the 462 
MHz and 467 MHz interstitial channels, but allow up to 20 kHz on the 
462 MHz main GMRS channels to be consistent with other GMRS emissions 
that may be using those channels. The Commission concluded the benefits 
of these new digital message capabilities outweighed the risk of 
increased interference or congestion in the GMRS. Further, the decision 
not to permit detachable antennas for GMRS portable units is based upon 
a concern that an in-line amplifier from a detachable antenna port 
could allow 467 MHz interstitial operations greatly exceeding the 0.5 
Watt power limit and could interfere with repeater operations.
    8. The part 95 R&O also declined suggestions from recent comments 
to expand the scope of these data applications to allow them on devices 
with detachable antennas and on all GMRS channels and to change the 
duty cycle or response parameters of the data applications (e.g., 
automatic or periodic data response). Similarly, the Commission 
declined to expand GMRS capabilities to authorize digital voice 
modulation techniques, such as time division multiple access (TDMA) 
(i.e., 7K60FXE 2[hyphen]slot DMR TDMA). For similar reasons, it 
declined to allow GMRS licensees to use equipment certified under part 
90 Land Mobile Radio Service rules unless it is also certified for part 
95. The Commission declined to create an exclusion for GMRS and FRS 
devices to communicate with similar devices in Canada due to lack of a 
complete record. The Commission also declined to change or clarify the 
rules regarding network connections in the GMRS rules. Finally, the 
Commission declined to delete the GMRS prohibition on messages that are 
both conveyed by a wireline control link and transmitted by a GMRS 
station. In each of these instances, the late filed comments generated 
insufficient record to make a determination on the requests and 
evaluate the impact of the requests if allowed. For example, comments 
addressing digital voice on GMRS are split; some parties suggesting it 
should be allowed outright, one party suggesting it could be migrated 
in on a secondary basis, one suggesting new channels be made available 
for digital voice that avoid existing analog channels, and another 
suggesting that certain GMRS channels be set aside for ``digital only'' 
or ``digital primary.'' The Commission determined there is insufficient 
record to determine the impact of a variety of new digital voice 
operations on the ``listen before talk'' etiquette, self-policing, and 
emergency calls that occur on these shared channels. Further, regarding 
the use of part 90 equipment that is not also certified under part 95, 
the part 95 R&O noted that many part 90 certified radios have no 
technical similarity to GMRS, so such a broad exemption to the 
Commission's standard practice of requiring a part 95 equipment 
authorization would lead to unknown consequences on the service.
    9. Further, the part 95 R&O did not change the power limits on GMRS 
as it had explored in the part 95 NPRM because commenters did not 
support the change and because the licensing requirement for GMRS was 
maintained. Similarly, the part 95 R&O did not implement any 
narrowbanding of GMRS 25 kHz channels because the interstitial channels 
are already in use by FRS and any benefit of such narrowbanding would 
be outweighed by the cost of licensees having to obtain new equipment. 
The Commission deleted section 95.29(g), which pertains to certain GMRS 
systems authorized before March 18, 1968 because the rule is obsolete. 
Additionally, the Commission removed reference to ``small'' base and 
control stations and related provision from the GMRS rules because 
these stations are a remnant of the former site-by-site GMRS licensing 
regime which is no longer in place.

C. FRS

    10. FRS Combination Radios. The part 95 R&O explained that most FRS 
radios sold today are relatively inexpensive combination GMRS/FRS 
radios that have the capability to transmit on twenty-two channels (the 
seven shared GMRS/FRS channels between the GMRS 462 MHz channels, the 
seven FRS channels between the GMRS 467 MHz channels, and the eight 
GMRS 462 MHz channels) with an ERP of two Watts on the GMRS channels 
and 0.5 Watts on the FRS channels. However, the record indicates that 
the vast majority of people who use these radios do not obtain a GMRS 
license. To address the public demand for longer range FRS devices and 
to resolve the issue of noncompliance with the GMRS licensing 
obligation, the Commission essentially reclassified these FRS/GMRS 
combination radios as FRS only, if they meet certain technical 
requirements. Specifically, to accommodate these radios in FRS, the 
Commission increased the maximum authorized radiated power limit for 
FRS channels 1-7 from 0.5 Watts to two Watts, and allotted the GMRS 462 
MHz main channels to be shared with FRS with a two watt power limit. 
The new channels will be numbered FRS channels 15 through 22. In 
addition, the Commission allotted FRS channels 8 through 14 (the 
interstitial channels between the GMRS 467 MHz channels, which formerly 
were designated exclusively for FRS) to

[[Page 41099]]

GMRS for use on a shared basis with FRS. These channels will be 
available to GMRS operators under the same technical limits that 
currently apply to FRS. The Commission retained the five Watts ERP 
limit for GMRS operation on the 462 MHz interstitial channels. 
Consequently, all FRS frequencies will now be shared with GMRS, while 
the eight GMRS 467 MHz main channels (repeater input channels) will 
remain exclusively GMRS. In other words, existing GMRS/FRS combination 
radios already in operation will be reclassified as FRS if the power is 
less than two Watts ERP and they do not use the 467 MHz main channels, 
so no individual license will be is required. Otherwise, devices not 
meeting these requirements will be classified as GMRS where an 
individual license is required. The Commission stated that the two watt 
limit for FRS is appropriate because many of the existing combination 
GMRS/FRS radios already operate under that level with no significant 
complaints about interference or other problems, and it provides a 
reasonable balance between the desire for increased range over the 
prior FRS power levels and battery life. Further, the two watt limit is 
the power used for part 95 MURS devices which are also licensed by 
rule, both MURS and FRS facilitate various applications (e.g., voice 
and data) for the general public in the VHF frequency range with 
comparable spectral environments, and use of this power limit has 
worked safely and appropriately in this analogous service.
    11. To prevent the creep of FRS combination radios into other 
licensed services, the part 95 R&O adopted a rule forbidding the 
certification of FRS devices that incorporate GMRS capabilities, as 
well as other services, other than part 15 unlicensed applications. 
Operation of FRS units is licensed by rule and they are marketed to and 
intended to be used by the general public as a simple and inexpensive 
communications solution. Because FRS units are intended to be operated 
by anyone, even young children, it is unrealistic to expect FRS users 
to know the channel assignments and operating procedures for other 
radio services. Further, because of the open eligibility to operate FRS 
devices, many businesses use the devices in their warehouses, retail 
stores and other locations, so widespread use of devices with 
capabilities to operate in licensed and safety related services could 
result in unintentional interference to safety communications. 
Therefore, the Commission amended the FRS equipment authorization rules 
to limit the technical capabilities of FRS units, especially the 
channels on which they are capable of transmitting with the exception 
for part 15 unlicensed devices to continue to allow the incorporation 
of part 15 features such as WI-FI and Bluetooth headsets into FRS 
devices. This action removes the confusion of whether a purchaser needs 
a license or meets eligibility requirements to operate devices in this 
band because they will be classified as either FRS or a different 
service, not under both services.
    12. The same implementation schedule outlined above for devices 
with voice obscuring features is used for these changes to FRS. That 
is, 90 days after the effective date of new sections 95.561(c) and 
95.1761(c) adopted in the part 95 R&O, no equipment authorization will 
be granted for any transmitter type under FRS and any other service, 
other than part 15. Second, two years after the effective date of new 
sections 95.587(e), 95.591, 95.1791(a) and (b) adopted in the part 95 
R&O, no person shall be permitted to manufacture or import, sell or 
offer for sale any radio equipment capable of operating under both 
subpart B (FRS) and any other service, other than part 15. The 
Commission grandfathered the operation of any existing combination 
radios as set forth above, and reminded operators of such existing 
devices that fit within the reclassified GMRS category that they must 
obtain a license before operating a GMRS device.

D. CB Radio Service

    13. The part 95 R&O changed the name of the Citizens Band Radio 
Service to ``CB Radio Service'' (CBRS). The public usually refers to 
this service simply as ``CB'' or ``CB radio.'' This change will avoid 
confusion with the term ``citizens band radio services'' used in the 
Communications Act of 1934, as amended, which encompasses all of the 
radio services in part 95 that are licensed by rule except the Radio 
Control Radio Service. Further, in response to a petition from 
Omnitronics, LLC, the Commission amended its rules to allow use of 
cordless microphones with CBRS radios because there is consumer demand 
for this feature and it will promote safety on the highways by reducing 
driver distraction for those using CBRS. Specifically, the Commission 
amended the rules to clarify that the use of part 15-compliant cordless 
microphones and headsets with CBRS stations is considered to be local 
control, not remote control, of CB stations. Further, the Commission 
found that the existing technical parameters in part 15 are appropriate 
to allow operation within or adjacent to a truck or other vehicle, 
while not providing so much distance as to be considered remote 
control, and no additional technical restrictions are currently needed. 
Cordless microphones and headsets used with CBRS transmitters must be 
certified to comply fully with part 15 of the Commission's rules, and 
must not change any of the operating parameters of the CBRS transmitter 
or adversely affect the CBRS transmission. The Commission also 
concluded that it is unnecessary to limit the use of hands-free devices 
to those that are made by or certified to the manufacturer of the CBRS 
transmitter. To the contrary, such a requirement would seem to 
unnecessarily reduce competitive options and consumer choice. Finally, 
the Commission stated that voice operated transmit (VOX) could be used 
with CBRS cordless microphones. The Commission found that the 
technology is sufficiently developed that VOX microphones are able to 
effectively operate in a variety of noisy environments.
    14. Review of CB Operating Rules. The part 95 NPRM sought comment 
on various CBRS operating rules, including rules that limit the 
duration of conversations, rules restricting the transmission of music 
or sound effects, and restrictions on communicating when propagation 
allows long range communications. While the record supported some form 
of duration limitation on CBRS transmissions, there is no consensus on 
whether or how the existing limits should be modified, so the existing 
rules were maintained. Similarly, the record was inconclusive on the 
rule restricting the transmission of music, whistling, sound effects or 
any material to amuse or entertain or attract attention, so that rule 
was retained. However, the Commission removed the restriction on long 
range conversations when sky wave propagation conditions allow such 
long range conversations. The record does not contain any convincing 
evidence that the current level of use of sky wave propagation by CBRS 
operators creates any increase in risk of harmful interference, or 
presents any other cause for concern. Accordingly, the Commission 
retained the current power limit for CB and eliminated the restriction 
on long-range communications. The Commission declined the request of 
some commenters to increase the power limit, given the increased 
potential for interference to other services.
    15. Other CB Issues. The Commission agreed with CB radio 
manufacturers that the rule requiring that the serial number of each 
CBRS radio be engraved into the transmitter chassis is no longer

[[Page 41100]]

necessary and the rule was removed. This requirement was adopted in 
1976 to help alleviate difficulties in identifying stolen CBRS 
equipment, but because theft of mobile CBRS equipment is no longer as 
large a problem as it once was, the cost of engraving serial numbers on 
such equipment now appears to exceed any resultant benefits, and the 
requirement seems to impose needless costs on the manufacturer and 
therefore on the consumer. Similarly, the Commission removed the 
requirement that manufacturers include a copy of the FCC operating 
rules with each new CBRS radio. When this requirement originally was 
enacted, CBRS licensees were required to maintain a current copy of the 
rules, but this requirement was removed in 1982. The Commission 
concluded that such a requirement is no longer necessary for CBRS 
equipment and noted that CBRS radio operators and other PRS users can 
obtain information from the FCC Web site and request assistance using 
the FCC 800 number call center, and encouraged manufacturers to direct 
users to the FCC Web site www.fcc.gov or call center 888-225-5322 (888-
CALL-FCC) to find information about operating requirements.
    16. The Commission declined to adopt other changes proposed by 
commenters that, rather than streamlining the CBRS rules, would expand 
or substantially change the character of the service. Specifically, the 
Commission declined to adopt the proposal to allow CBRS radios to 
transmit data (other than the sub-audible tone squelch and selective 
calling that is already permitted) for the purpose of short text 
messaging. The Commission also declined to adopt proposals to allow FM 
modulation or to add additional channels for FM modulation, or to 
narrowband and digitize CBRS channels because 10 kilohertz channels are 
already relatively spectrally efficient and the alternative modulation 
techniques would be incompatible with the existing equipment base. 
Further, the Commission declined to adopt the proposal to transition 
the service to a band and modulation scheme that is more appropriate 
for short-range communications. Such changes are beyond the scope of 
this proceeding, and the Commission concluded that the proponents of 
such changes do not demonstrate sufficient potential for public 
benefits that would exceed the associated costs to merit further 
consideration at this time.

E. Radio Control Radio Service

    17. The Radio Control Radio Service (RCRS) is a one-way, short-
distance, non-voice communications service for the wireless remote 
control of devices. It is principally used by hobbyists for flying 
model aircraft and controlling other types of model vehicles such as 
boats and cars. The Commission changed the abbreviation for the Radio 
Control Radio Service from ``R/C'' to ``RCRS'' to be consistent with 
our practice for the other Personal Radio Services. The part 95 R&O 
also removed the rule that limited RCRS device transmissions to three 
minutes unless the device requires changes at least once per minute 
remains and replaces it with the more general requirement that 
transmissions be limited to the minimum practical time. The Commission 
found the general requirement to limit transmissions to the minimum 
practical time is more appropriate for the RCRS going forward because 
it will not unnecessarily limit applications that may not fit within 
the prior prescribed limitation. RCRS channels will continue to be used 
on a shared basis, however, and RCRS operators must cooperate in the 
selection and use of the channels and limit transmissions to the 
minimum practical time that is necessary.
    18. The comments opposed a proposal in the part 95 NPRM to remove 
the prohibition on receiving payment for transmitting with an RCRS 
station stating that RCRS operations are primarily recreational, and 
wireless remote control of models for commercial purposes belongs in 
the Private Land Mobile Radio Services (part 90 of the FCC Rules). The 
Commission decided to retain the prohibition in the rules to ensure the 
RCRS is not overtaken by commercial operations, which should operate in 
other bands. In response to comments, the part 95 R&O removed the 
grandfather rule provisions that allowed (1) continued manufacturing 
and importing of 50 ppm RCRS equipment until March 1, 1992, and (2) 
continued marketing of 50 ppm RCRS equipment until March 1, 1993, 
because these dates have long passed. By removing the grandfather rule, 
however, the Commission did not prohibiting the further use of 50 ppm 
equipment that was FCC certified and marketed before March 1, 1993, if 
any still exists. The Commission also incorporated clarifications to 
the rules suggested by comments addressing permissible actions an RCRS 
operator may take in regard to servicing an RCRS transmitter. The 
clarifications are incorporated into the general rule that addresses 
service and maintenance responsibilities and the RCRS rule that covers 
user replaceable parts.

F. Personal Locator Beacons

    19. Personal Locator Beacons (PLBs) provide individuals in remote 
areas a means to alert others of an emergency situation and to aid 
search and rescue (SAR) personnel to locate those in distress. 406 MHz 
PLBs provide worldwide alerting capability with distress alerts 
automatically routed, through the international COSPAS/SARSAT satellite 
system, to the SAR authorities for a specific geographic region. The 
part 95 R&O amends the PLB rules to clarify that beacons marketed or 
otherwise referred to as Personal Locator Beacons or PLBs must meet the 
requirements set forth in 47 CFR part 95, subpart K for 406 MHz PLBs to 
prevent confusion by users as to the level of SAR response the devices 
provide.

G. Other Part 95 Services

    20. While the part 95 NPRM sought comment on changes to other part 
95 services, other than the reorganization of the rules to fit the new 
template, no substantive changes to the MedRadio Service, Low Power 
Radio Service, and Multi Use Radio Service were made. However, in 
response to recent comments by the American Society for Healthcare 
Engineering of the American Hospital Association (ASHE), the part 95 
R&O declined to modify new section 95.325 which required part 95 
entities to first attempt to resolve interference by means of mutually 
satisfactory arrangements, so as to limit the mutual resolution efforts 
to other part 95 licensees, and exclude efforts with unlicensed users 
causing interference to Wireless Medical Telemetry Service (WMTS) 
systems. The Commission rejected the suggestion because it would overly 
limit the scope of the rule and would not address possible interference 
between a part 95 device and a primary allocation service in adjacent 
spectrum. However, the Commission clarified that this rule does not 
require negotiations between services of unequal status (such as 
licensed and unlicensed services) to resolve interference. The 
Commission also rejected a request to exclude WMTS and MedRadio from 
the requirement in new section 95.319(b) that internal repairs or 
modifications to part 95 devices be made by technically qualified 
personnel. The Commission disagreed that anyone should be able to make 
internal repairs to WMTS and MedRadio transmitters, but modified the 
rule to make clear that a person

[[Page 41101]]

making repairs need not be qualified to repair private land mobile 
services equipment specifically. Further, the Commission did adopt some 
editorial and administrative changes to the WMTS rules, such as 
updating the frequency coordinator mailing address, but declined a 
suggestion that the rules require manufacturers to include a written 
notice with WMTS devices stating that prior coordination is required 
before a WMTS device is activated. As the Commission concluded 
previously, the rules already set this requirement forth clearly. 
Moreover, the Office of Engineering and Technology plans to work with 
ASHE and other parties as necessary to remind hospitals and other 
health care providers that use WMTS equipment of their obligation to 
register with the designated frequency coordinator and to ensure that 
such registration information is accurate.
    21. The part 95 R&O reduced the size of the subpart heading for On-
Board Units (OBUs) in the Dedicated Short-Range Communications Service 
(DSRCS) by using only the acronym for the service name. The rules for 
the DSRCS, a sub-service within the Intelligent Transportation Systems 
Radio Service, are found in part 90 of the Commission's Rules, but the 
use of the shorter acronym ``OBU'' instead of ``DSRCS-OBU'' in part 95 
rules is consistent with the existing part 90 rules.

II. Procedural Matters

A. Final Regulatory Flexibility Certification

    22. The Commission issued an Initial Regulatory Flexibility 
Certification in its Notice of Proposed Rulemaking in this proceeding. 
One commenter raises regulatory flexibility issues in response to our 
certification. To address these issues, and as required by the 
Regulatory Flexibility Act of 1980 (``RFA''), the Commission has 
included a Final Regulatory Flexibility Certification (``FRFC'') with 
the part 95 R&O.
    23. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The two statutorily-mandated 
criteria to be applied in determining the need for RFA analysis are (1) 
whether the proposed rules, if adopted, would have a significant 
economic effect, and (2) if so, whether the economic effect would 
directly affect a substantial number of small entities. Upon 
application of these criteria, the Commission certified in the initial 
regulatory flexibility certification (IRFC) to the part 95 NPRM that 
the proposed rules, if adopted, would not have a significant economic 
effect on a substantial number of small entities. One commenter, Ross 
Snyder, objects to the Commission's conclusion that the proposed rules 
would not have a significant economic effect on a substantial number of 
small entities. Mr. Snyder's comments below are addressed below. In 
addition, the Commission concluded it was appropriate to certify that 
the final rules adopted in the accompanying part 95 R&O will not have a 
significant economic effect on a substantial number of small entities.
    24. The Commission reorganizes and revises part 95 of its rules 
governing Personal Radio Services (PRS). Specifically, it takes the 
following steps, among others: Reorganizing and revising part 95 by 
consolidating similar or duplicative rules; placing rules generally 
unique to each Service in separate subparts; organizing all rule 
topics, where possible, into four categories (administrative, 
operating, technical, marketing) and listing them in a consistent 
pattern in each subpart; reformatting the part 95 rules; replacing, 
where used before, the ``Question and Answer'' presentation of certain 
rules; removing certain rules that have had only an informative role; 
and deleting or correcting in those rules certain outdated references. 
Most of the rule changes made in this Report and Order are editorial 
and organizational in nature rather than substantive, and, as such, 
will not have any economic effect on any entities, regardless of size.
    25. Of the remaining rule changes made in the part 95 R&O, many 
will directly affect only either certain operators of PRS stations or 
only certain entities that seek Commission certification of equipment 
for use in the PRS. As the Commission observed in the IRFC, the former 
typically are individual persons, which are not considered to be small 
entities for purposes of the RFA. Snyder argues that individual persons 
should be considered ``small entities'' for purposes of the RFA, first 
because, as SBA notes, some businesses are sole proprietorships. That a 
sole proprietorship qualifies as a ``small entity'' does not equate to 
an SBA determination that a single individual always qualifies as a 
``small entity,'' because sole proprietorships can have any number of 
employees. Snyder also submits Congress included in the Small Business 
Act references to ``small business concerns'' that mention individual 
``persons.'' While Congress passed that Act to improve the economic 
condition of certain groups of individuals, the Commission did not find 
any Congressional intent to include ``individual persons'' within the 
definition of ``small entities.''
    26. With respect to entities that seek Commission certification of 
equipment for use in the PRS, the Commission observed in the IRFC that 
they typically are large manufacturing organizations, and thus are not 
considered to be small entities for purposes of the RFA. The PRS 
equipment market is both large and nationwide and most devices are 
manufactured and mass-marketed as consumer goods. This necessitates a 
large-volume manufacturing capability that small entities typically do 
not have. Snyder argues that this conclusion is inconsistent with the 
Commission's finding in another proceeding that the majority of firms 
in the Census Bureau category of ``Radio and Television Broadcasting 
and Wireless Communications Equipment Manufacturing'' can be considered 
to be small. The Commission disagreed with that assessment arguing that 
the part 95 NPRM noted the involvement of small entities in the PRS, 
for example, those that make accessory devices. However, the Commission 
found that none of the proposed rules in the part 95 NPRM would 
directly affect any of them. Second, the part 95 NPRM, determined that 
none of its proposed rules would have a significant economic effect on 
manufacturers of PRS devices regardless of their size. Accordingly, the 
IRFC in the NPRM, and this FRFC, does not depend solely on a finding 
that PRS device makers are typically large manufacturing organizations 
that are not considered to be small. Third, the Commission recognized 
that changes in the various compliance requirements adopted in the part 
95 R&O will necessitate the use of some engineering, technical, 
operational, accounting, billing, and legal skills. However, the 
entities affected by those changes already possess these skills. 
Accordingly, given the nature of those requirements and the skills of 
the entities to which they will apply, the Commission is unable to find 
that compliance will result in a significant economic impact on a 
substantial number of such entities.
    27. Snyder also argues that the part 95 NPRM overlooked other 
affected entities that are small entities, such as those that make 
accessory devices for PRS radios and sell PRS radios and related 
equipment, and non-individual entities that the Commission has 
authorized to

[[Page 41102]]

operate PRS radios. Snyder claims the Commission has a statutory duty 
to address the economic impact of its proposed rules on all small 
entities affected by any new rule, whether that impact involves 
reporting, record keeping, or otherwise. However, the Commission found 
nothing in the comments of Snyder or other items in the record in this 
proceeding to demonstrate that the rules adopted in the part 95 R&O 
will have a direct and significant economic effect on individuals or 
non-individuals, whether licensed individually or by rule. The 
Commission concludes, therefore, that the rules adopted in the part 95 
R&O will not directly affect many, if any, of the small entities 
identified by Snyder. Thus, even assuming, arguendo, a significant 
economic effect on some small entities, the Commission concluded that 
changes adopted will not have such an effect on a substantial number of 
such entities.
    28. Specifically, the part 95 R&O adopts certain rule changes, 
which Snyder suggests will impact PRS device manufacturers: (1) The 
prohibition on voice scrambling or other obscuring features, and (2) 
the FCC no longer certifying part 95 combination radios with 
transmitting capability in other services licensed under 47 CFR. These 
rule changes involve the design or testing of future equipment, as 
currently certified equipment would remain unaffected by this item. 
However, the Commission reaffirmed its earlier finding that none of 
these new provisions would have a significant economic impact on device 
manufacturers.
    29. First, the prohibition on equipment with voice scrambling or 
other obscuring features will not affect a substantial number of small 
entity device manufacturers. Only ``several'' GMRS and FRS radios with 
this capability have been certified, and this prohibition will not 
impact manufacturers that have already had such equipment certified as 
the provision is forward looking only. In addition, the rule change 
will not significantly impact the few affected small entity 
manufacturers. Because these small entities typically manufacture many 
types of radios and wireless communications equipment, disallowing just 
one product, among many, will not significantly impact them. Thus, this 
small design change, on just one device among the many produced, will 
not have a significant economic impact on these manufacturers. 
Moreover, contrary to Snyder's suggestion, this is not a rule change at 
all, for the Commission only clarified that its rules already prohibit 
voice-obscuring features in these Personal Radio Services.
    30. Similarly, the prohibition on certain combination radios will 
not have a significant economic impact on a substantial number of small 
entities. The majority of device models produced lack this capability 
so only a few companies, and an even fewer number of small entities, 
currently produce these devices. Therefore, because this provision is 
forward looking--meaning already certified equipment will not be 
affected--and because few companies even manufacture this product, a 
substantial number of small entities will not even be affected by this 
provision. Assuming arguendo, however, that a substantial number of 
small entities will be affected by future compliance, this prohibition 
involves just one design change that will not substantially impact 
device manufacturers. In addition, we believe that changing the design 
of a PRS device to disallow transmitting capability in the other 
services is a small change relative to the overall cost of producing 
the device. As a result, this rule provision will not have a 
significant economic impact on PRS device manufacturers.
    31. With respect to the second statutory criterion, we note that, 
under the RFA, the Commission and other Federal agencies need only 
consider the direct economic impact of their proposed rules on a 
substantial number of small entities regulated under those rules. 
Accordingly, such agencies need not consider indirect impacts. Snyder 
identifies a number of indirect economic impacts that might arise from 
the adoption of certain rule changes in the part 95 R&O. For example, 
he argues that granting operators in one radio service flexibility to 
use spectrum in another can burden existing users of that finite 
allocation of spectrum. In addition, because the forthcoming compliance 
requirements may prevent new manufactured equipment from meeting users' 
communication preferences, Snyder speculates that such users may stop 
purchasing such equipment, such that manufacturers, distributors, and 
dealers of PRS equipment will suffer lost sales. Because such economic 
impacts are indirect, it was not necessary to address them in 
association with the part 95 NPRM. Also, because the final rules 
adopted in the part 95 R&O do not cause any of these impacts to become 
more direct, it is not necessary to address them in association with 
the part 95 R&O.
    32. The Commission also found no merit in Snyder's contentions that 
the Commission failed to comply with Executive Order 13272 by failing 
to provide the SBA with advance notice of its proposed rules and that 
the Commission did not satisfy a statutory obligation to identify 
significant alternatives to those proposals that would accomplish the 
stated objectives while minimizing any significant economic impact on 
small entities. Setting aside the question of whether a multi-member, 
independent Federal agency, such as the Commission, must comply with 
that Order, the Commission found its proposed rules would not, if 
adopted, have a significant economic impact on a substantial number of 
small entities. Where an agency makes such a finding it is not 
necessary for it, under the RFA or that Order to provide SBA with 
advance notice of its proposals or to identify significant 
alternatives.
    33. Therefore, the Commission certified that the requirements of 
the part 95 R&O will not have a significant economic impact on a 
substantial number of small entities.
    34. The Commission will send a copy of the part 95 R&O, including a 
copy of this Final Regulatory Flexibility Certification, in a report to 
Congress pursuant to the Small Business Regulatory Enforcement Fairness 
Act of 1996, see 5 U.S.C. 801(a)(1)(A). In addition, the part 95 R&O 
and this final certification will be sent to the Chief Counsel for 
Advocacy of the Small Business Administration, and will be published in 
the Federal Register, see 5 U.S.C. 605(b).

B. Paperwork Reduction Analysis

    35. The Report and Order identified two rule changes that 
constituted modified information collection requirements subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, that required 
Office of Management and Budget (OMB) approval before they become 
effective. After further review, we have found that OMB approval is not 
required. The Commission noted that, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), it previously sought specific comment on how it might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.'' In the part 95 R&O, the 
Commission assessed the potential effects of the various policy 
changes, and found that they do not change the burden on businesses 
with fewer than 25 employees.

C. Congressional Review Act

    36. The Commission will send a copy of the part 95 R&O to Congress 
and the

[[Page 41103]]

Government Accountability Office, pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

III. Ordering Clauses

    37. Accordingly, it is ordered, pursuant to the authority contained 
in sections 1, 4(i), 4(j), 301, 303, 304, 309, 316, and 332 of the 
Communications Act of 1934, as amended, and section 706 of the 
Telecommunications Act of 1996, as amended, 47 U.S.C. 151, 154(i), 
154(j), 301, 303, 304, 309, 316, 332, and 1302, that this report and 
order in WT Docket No. 10-119 is hereby adopted.
    38. It is further ordered that parts 1, 15, 73 and 95 of the 
Commission's rules, 47 CFR parts 1, 15, 73 and 95, are amended as set 
forth in Appendix, and such rule amendments shall be effective, except 
as otherwise noted, 30 days after the date of publication of the text 
thereof in the Federal Register.
    39. It is further ordered that, pursuant to section 1.401(e) of the 
Commission's rules, the petition of James Edwin Whedbee is dismissed 
without prejudice. It is further ordered that, pursuant to section 
1.407 of the Commission's rules, the petitions of Kirk D. Becker, Corey 
S. Becker, Ricky L. Usinger, Brett Seifert, John Shagath, Mike 
Waschbisch, and Cole Weiss are granted to the extent described herein 
and are otherwise denied.
    40. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this report and order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    41. It is further ordered that the Commission shall send a copy of 
this report and order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).
    42. It is further ordered that, if no petitions for reconsideration 
or applications for review are timely filed, this proceeding shall be 
terminated and the docket closed.

List of Subjects

47 CFR Part 1

    Communications equipment, Radio.

47 CFR Parts 15, 73, and 95

    Communications equipment, Incorporation by reference, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 15, 73 and 95, as 
follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 is revised to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 
225, 227, 303(r), 309, 332, 1403, 1404, 1451, 1452, and 1455.


0
2. Section 1.1307 is amended by revising paragraphs (b)(2)(iii) and 
(iv) to read as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Portable transmitting equipment for use in the Wireless 
Medical Telemetry Service (WMTS) is subject to routine environmental 
evaluation as specified in Sec. Sec.  2.1093 and 95.2385 of this 
chapter.
    (iv) Equipment authorized for use in the Medical Device 
Radiocommunication Service (MedRadio) as a medical implant device or 
body-worn transmitter (as defined in subpart I of part 95 of this 
chapter) is subject to routine environmental evaluation for RF exposure 
prior to equipment authorization, as specified in Sec. Sec.  2.1093 and 
95.2585 of this chapter by finite difference time domain (FDTD) 
computational modeling or laboratory measurement techniques. Where a 
showing is based on computational modeling, the Commission retains the 
discretion to request that supporting documentation and/or specific 
absorption rate (SAR) measurement data be submitted.
* * * * *

0
3. Section 1.4000 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  1.4000  Restrictions impairing reception of television broadcast 
signals, direct broadcast satellite services or multichannel multipoint 
distribution services.

* * * * *
    (a) * * *
    (2) For purposes of this section, ``fixed wireless signals'' means 
any commercial non-broadcast communications signals transmitted via 
wireless technology to and/or from a fixed customer location. Fixed 
wireless signals do not include, among other things, AM radio, FM 
radio, amateur (``HAM'') radio, CB radio, and Digital Audio Radio 
Service (DARS) signals.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
4. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.


0
5. Section 15.3 is amended by revising paragraph (g) to read as 
follows:


Sec.  15.3  Definitions.

* * * * *
    (g) CB receiver. Any receiver that operates in the Personal Radio 
Services on frequencies designated for CB Radio Service stations, as 
well as any receiver provided with a separate band specifically 
designed to receive the transmissions of CB stations in the Personal 
Radio Services. This includes the following:
    (1) A CB receiver sold as a separate unit of equipment;
    (2) The receiver section of a CB transceiver;
    (3) A converter to be used with any receiver for the purpose of 
receiving CB transmissions; and
    (4) A multiband receiver that includes a band labelled ``CB'' or 
``11-meter'' in which such band can be separately selected, except that 
an Amateur Radio Service receiver that was manufactured prior to 
January 1, 1960, and which includes an 11-meter band shall not be 
considered to be a CB receiver.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
6. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.


0
7. Section 73.1207 is amended by revising paragraphs (c)(1) and (3) to 
read as follows:


Sec.  73.1207  Rebroadcasts.

* * * * *
    (c) * * *
    (1) Messages originated by privately-owned non-broadcast stations 
other than those in the Amateur and CB Radio Services may be broadcast 
only upon receipt of prior permission from the non-broadcast licensee. 
Additionally, messages transmitted by common carrier stations may be 
rebroadcast only

[[Page 41104]]

upon prior permission of the originator of the message as well as the 
station licensee.
* * * * *
    (3) Messages originated by stations in the Amateur and CB Radio 
Services may be rebroadcast at the discretion of broadcast station 
licensees.
* * * * *

0
8. Revise part 95 to read as follows:

PART 95--PERSONAL RADIO SERVICES

Subpart A--General Rules for the Personal Radio Services
Sec.
95.100 Basis and purpose.
95.101-95.299 [Reserved]
95.301 Scope.
95.303 Definitions.
95.305 Authorization to operate Personal Radio Services stations.
95.307 Authorized station locations.
95.309 Coordination procedures and other restrictions for operation 
in certain locations.
95.311 Correspondence and notices from the FCC.
95.313 Penalties for violations of the Communications Act or FCC 
rules.
95.315 [Reserved]
95.317 Registration of antenna structures that may constitute a 
menace to air navigation.
95.319 Malfunctioning transmitting equipment.
95.321 [Reserved]
95.323 FCC inspection of station.
95.325 Interference.
95.327 Restricted operation.
95.329 How to contact the FCC.
95.331 Permissible uses.
95.333 Prohibited uses.
95.335 Operation of non-certified transmitters prohibited.
95.337 Operation of impermissibly modified equipment prohibited.
95.339 Operation of transmitter with external device causing rule 
violation prohibited.
95.341 [Reserved]
95.343 Station operator responsibility and requirements.
95.345 Remote control.
95.347 Automatic control.
95.349 Network connection.
95.351 Station identification.
95.353 False distress signals.
95.355 [Reserved]
95.357 Duration of transmissions.
95.359 Sharing of channels.
95.361 Transmitter Certification.
95.363 Channels available for use.
95.365 [Reserved]
95.367 Transmitting power.
95.369 [Reserved]
95.371 Emission types.
95.377 Tones and signals.
95.381 Voice obscuring features.
95.385 RF exposure evaluation.
95.391 Manufacturing, importation, and sales of non-certified 
equipment prohibited.
95.393 Instructions and warnings.
95.395--95.499 [Reserved]
Subpart B--Family Radio Service
95.501 Scope.
95.503 Definitions, FRS.
95.505-95.517 [Reserved]
95.519 FRS replacement parts.
95.521-95.529 [Reserved]
95.531 Permissible FRS uses.
95.533 Prohibited FRS uses.
95.535-95.559 [Reserved]
95.561 FRS transmitter certification.
95.563 FRS channels.
95.565 FRS frequency accuracy.
95.567 FRS transmit power.
95.569 [Reserved]
95.571 FRS emission types.
95.573 FRS authorized bandwidth.
95.575 FRS modulation limits.
95.577 FRS tone requirements.
95.579 FRS unwanted emissions limits.
95.581-95.585 [Reserved]
95.587 FRS additional requirements.
95.589 [Reserved]
95.591 Sales of FRS combination radios prohibited.
95.593 through 95.699 [Reserved]
Subpart C--Radio Control Radio Service
95.701 Scope.
95.703 Definitions, RCRS.
95.705-95.717 [Reserved]
95.719 RCRS replacement parts.
95.721-95.723 [Reserved]
95.725 Interference, RCRS.
95.727-95.729 [Reserved]
95.731 Permissible RCRS uses.
95.733 Prohibited RCRS uses.
95.735 RCRS equipment certification exception.
95.737-95.739 [Reserved]
95.741 RCRS antenna height limit.
95.743 [Reserved]
95.745 Operation of an RCRS transmitter by remote control.
95.747-95.755 [Reserved]
95.757 Duration of RCRS Communications.
95.759 [Reserved]
95.761 RCRS transmitter certification.
95.763 RCRS channel frequencies.
95.765 RCRS frequency accuracy.
95.767 RCRS transmitter power.
95.769 [Reserved]
95.771 RCRS emission types.
95.773 RCRS authorized bandwidth.
95.775-95.777 [Reserved]
95.779 RCRS unwanted emissions.
95.781-95.785 [Reserved]
95.787 RCRS additional requirements.
95.789--95.899 [Reserved]
Subpart D--CB Radio Service
95.901 Scope.
95.903 Definitions, CBRS.
95.905 Authority to operate CBRS stations voided by violation of 
operating rules.
95.907-95.917 [Reserved]
95.919 CBRS replacement parts.
95.921 [Reserved]
95.923 CBRS station inspection.
95.925 CBRS harmful interference.
95.927 CBRS quiet hours.
95.929 [Reserved]
95.931 Permissible CBRS uses.
95.933 Prohibited CBRS uses.
95.935 Unauthorized use of non-CBRS transmitters.
95.937 [Reserved]
95.939 External radio frequency power amplifiers prohibited.
95.941 CBRS antenna height limits.
95.943 [Reserved]
95.945 Remote control of a CBRS station.
95.947 [Reserved]
95.949 CBRS network connection.
95.951-95.955 [Reserved]
95.957 Duration of CBRS transmissions.
95.959 [Reserved]
95.961 CBRS transmitter certification.
95.963 CBRS channel frequencies.
95.965 CBRS transmit frequency accuracy.
95.967 CBRS transmitter power limits.
95.969 [Reserved]
95.971 CBRS emission types.
95.973 CBRS authorized bandwidth.
95.975 CBRS modulation limits.
95.977 CBRS tone transmissions.
95.979 CBRS unwanted emissions limits.
95.981-95.985 [Reserved]
95.987 CBRS additional requirements.
95.989 [Reserved]
95.991 CBRS marketing limitations.
95.993-95.1699 [Reserved]
Subpart E--General Mobile Radio Service
95.1701 Scope.
95.1703 Definitions, GMRS.
95.1705 Individual license required; eligibility; who may operate; 
cooperative use.
95.1707-95.1721 [Reserved]
95.1723 GMRS station inspection.
95.1725-95-1729 [Reserved]
95.1731 Permissible GMRS uses.
95.1733 Prohibited GMRS uses.
95.1735-95.1739 [Reserved]
95.1741 GMRS antenna height limits.
95.1743 Minor GMRS operators.
95.1745 GMRS remote control.
95.1747 GMRS automatic control.
95.1749 GMRS network connection.
95.1751 GMRS station identification.
95.1753-95.1559 [Reserved]
95.1761 GMRS transmitter certification.
95.1763 GMRS channels.
95.1765 GMRS frequency accuracy.
95.1767 GMRS transmitting power limits.
95.1769 [Reserved]
95.1771 GMRS emission types.
95.1773 GMRS authorized bandwidths.
95.1775 GMRS modulation requirements.
95.1777 GMRS tone transmissions.
95.1779 GMRS unwanted emissions limits.
95.1781-95.1785 [Reserved]
95.1787 GMRS additional requirements.
95.1789 [Reserved]
95.1791 Sales of GMRS/FRS combination radios prohibited.
95.1793 through 95.1899 [Reserved]
Subpart F--218-219 MHz Service
95.1901 Scope.
95.1903 218-219 MHz Service description.
95.1905 Permissible communications.
95.1907 Requesting regulatory status.
95.1911 License requirements.
95.1912 License term.
95.1913 Eligibility.
95.1915 License application.
95.1916 Competitive bidding proceedings.
95.1919 License transferability.

[[Page 41105]]

95.1923 Geographic partitioning and spectrum disaggregation.
95.1931 Service requirements.
95.1933 Construction requirements.
95.1935 Station identification.
95.1937 Station inspection.
95.1951 Certification.
95.1953 Frequency segments.
95.1955 Transmitter effective radiated power limitation.
95.1957 Emission standards.
95.1959 Antennas.
95.1961 Interference.
95.1963-95.1999 [Reserved]
Subpart G--Low Power Radio Service
95.2101 Scope.
95.2103 Definitions, LPRS
95.2105 LPRS operator eligibility.
95.2107 [Reserved]
95.2109 Notification to affected TV stations required for AMTS use.
95.2111-95.2123 [Reserved]
95.2125 LPRS interference.
95.2127-95.2129 [Reserved]
95.2131 Permissible LPRS uses.
95.2133 Prohibited LPRS uses.
95.2141 LPRS antenna height and directivity requirements.
95.2143-95.2159 [Reserved]
95.2161 LPRS transmitter certification.
95.2163 LPRS channels.
95.2165 LPRS frequency accuracy.
95.2167 LPRS transmitting power.
95.2169-95.2171 [Reserved]
95.2173 LPRS authorized bandwidths.
95.2175-95.2177 [Reserved]
95.2179 LPRS unwanted emissions limits.
95.2181-95.2189 [Reserved]
95.2191 LPRS marketing limitations.
95.2193 LPRS labeling requirements.
95.2195 LPRS disclosures.
95.2197-95.2299 [Reserved]
Subpart H--Wireless Medical Telemetry Service
95.2301 Scope.
95.2303 Definitions, WMTS.
95.2305 WMTS operator eligibility.
95.2307 [Reserved]
95.2309 WMTS frequency coordination.
95.2311-95.2323 [Reserved]
95.2325 WMTS interference.
95.2327-95.2329 [Reserved]
95.2331 Permissible WMTS uses.
95.2333 Prohibited WMTS uses.
95.2335-95.2345 [Reserved]
95.2347 WMTS automatic control.
95.2349-95.2355 [Reserved]
95.2357 WMTS duration of transmissions.
95.2359 [Reserved]
95.2361 WMTS transmitter certification.
95.2363 WMTS frequency bands and channels.
95.2365 WMTS frequency accuracy.
95.2367 [Reserved]
95.2369 WMTS field strength limits.
95.2371-95.2377 [Reserved]
95.2379 WMTS unwanted emissions limits.
95.2381-95.2383 [Reserved]
95.2385 WMTS RF exposure evaluation.
95.2387-95.2391 [Reserved]
95.2393 WMTS labeling requirements.
95.2395 WMTS disclosure.
95.2397-95.2499 [Reserved]
Subpart I--Medical Device Radio Communications Service
95.2501 Scope.
95.2503 Definitions, MedRadio.
95.2505 MedRadio operator eligibility.
95.2507 MBAN devices restricted to indoor operation within a health 
care facility.
95.2509 MBAN registration and frequency coordination.
95.211-95.2521 [Reserved]
95.2523 MedRadio transmitter inspection.
95.2525 MedRadio interference.
95.2527-95.2529 [Reserved]
95.2531 Permissible MedRadio uses.
95.2533 Prohibited MedRadio uses.
95.2535 MedRadio equipment certification exception.
95.2537-95.2539 [Reserved]
95.2541 MedRadio outdoor antenna restrictions.
95.2543-95.2545 [Reserved]
95.2547 MedRadio automatic control.
95.2549 MedRadio network connection.
95.2551-95.2555 [Reserved]
95.2557 MedRadio duration of transmissions.
95.2559 MedRadio channel access requirements.
95.2561 MedRadio transmitter certification.
95.2563 MedRadio frequency bands.
95.2565 MedRadio frequency accuracy.
95.2567 MedRadio radiated power limits.
95.2569 MedRadio field strength measurements.
95.2571 MedRadio emission types.
95.2573 MedRadio authorized bandwidths.
95.2575-95.2577 [Reserved]
95.2579 MedRadio unwanted emission limits.
95.2581-95.2583 [Reserved]
95.2585 MedRadio RF exposure evaluation.
95.2587 MedRadio additional requirements.
95.2589 [Reserved]
95.2591 MedRadio marketing limitations.
95.2593 MedRadio labeling requirements.
95.2595 MedRadio disclosures.
95.2597 through 95.2699 [Reserved]
Subpart J--Multi-Use Radio Service
95.2701 Scope.
95.2703 Definitions, MURS.
95.2705 Grandfathered MURS stations.
95.2707 Airborne use of MURS not authorized.
95.2709-95.2717 [Reserved]
95.2719 MURS replacement parts.
95.2721-95.2723 [Reserved]
95.2725 MURS interference.
95.2727-95.2729 [Reserved]
95.2731 Permissible MURS uses.
95.2733 Prohibited MURS uses.
95.2735-95.2739 [Reserved]
95.2741 MURS antenna height limit.
95.2743-95.2747 [Reserved]
95.2749 MURS network connection.
95.2751-95.2755 [Reserved]
95.2757 MURS duration of transmissions.
95.2759 [Reserved]
95.2761 MURS transmitter certification.
95.2763 MURS channels.
95.2765 MURS frequency accuracy.
95.2767 MURS transmitting power limit.
95.2769 [Reserved]
95.2771 MURS emission types.
95.2773 MURS authorized bandwidths.
95.2775 MURS audio filter.
95.2777 [Reserved]
95.2779 MURS unwanted emissions limits.
95.2781 through 95.2899 [Reserved]
Subpart K--Personal Locator Beacons and Maritime Survivor Locating 
Devices
95.2901 Scope.
95.2903 Definitions, PLBs and MSLDs.
95.2905 PLB registration.
95.2907-95.2929 [Reserved]
95.2931 Permissible use of PLBs.
95.2933 Prohibited use of PLBs and MSLDs.
95.2935-95.2959 [Reserved]
95.2961 PLB and MSLD transmitter certification.
95.2963 PLB and MSLD frequency bands.
95.2965-95.2969 [Reserved]
95.2971 PLB emission type.
95.2973-95.2985 [Reserved]
95.2987 Additional PLB and MSLD certification requirements.
95.2989 PLB and MSLD technical standards.
95.2991 PLB and MSLD marketing limitations.
95.2993 PLB identification plate or label and registration card.
95.2995 through 95.3099 [Reserved]
Subpart L--DSRCS On-Board Units
95.3101 Scope.
95.3103 Definitions, OBUs.
95.3105-95.3129 [Reserved]
95.3131 Permissible uses, OBUs.
95.3133-95.3157 [Reserved]
95.3159 OBU channel sharing and priority of use.
95.3161 OBU transmitter certification.
95.3163 OBU channels.
95.3165 [Reserved]
95.3167 OBU transmit power limit.
95.3169-95.3187 [Reserved]
95.3189 OBU technical standard.
Appendix A To Part 95--Cross Reference to Previous Rules

    Authority: 47 U.S.C. 154, 303, 307.

Subpart A--General Rules for the Personal Radio Services


Sec.  95.100  Basis and purpose.

    This section contains a concise general statement of the basis and 
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
    (a) Basis. These rules are issued pursuant to the Communications 
Act of 1934, as amended, 47 U.S.C. 151 et. seq.
    (b) Purpose. The purpose of these rules is to establish the 
requirements and conditions under which stations and devices 
incorporating radio transmitters may be designed, manufactured, 
certified, marketed, operated and used in the Personal Radio Services.


Sec.  95.101-95.299  [Reserved]


Sec.  95.301  Scope.

    This subpart contains rules that apply generally to all of the 
Personal Radio Services.

[[Page 41106]]

Sec.  95.303  Definitions.

    The following terms and definitions apply only to the rules in this 
part.
    Antenna. A device that converts radio frequency electrical energy 
from a transmitter to radiated electromagnetic energy.
    Authorized bandwidth. The maximum permissible occupied bandwidth of 
an emission.
    Automatic control. Operational control of a Personal Radio Services 
station by automated means, such that the operator does not have to be 
located at a control point and monitoring communications in order to 
share channels and avoid interference and rule violations.
    Base station. A station at a fixed location that communicates 
directly with mobile stations and other base stations.
    Carrier power output. The average power supplied at the radio 
frequency output of a transmitter during one radio frequency cycle, 
measured under the condition of no modulation.
    Certified transmitter. A transmitter of a type for which a grant of 
equipment certification, pursuant to part 2, subpart J of this chapter, 
has been issued for the Personal Radio Service(s) in which it is 
intended to be operated.
    Citizens band radio service. Pursuant to 47 U.S.C. 307(e)(3), the 
term ``citizens band radio service'' means any radio service or other 
specific classification of radio stations used primarily for wireless 
telecommunications for which the FCC has determined that it serves the 
public interest, convenience and necessity to authorize by rule the 
operation of radio stations in that service or class, without 
individual licenses, pursuant to 47 U.S.C. 307(e)(1).
    Citizens Broadband Radio Service. The rules for this service, 
including technical rules, are contained in part 96 of this chapter. 
Only Citizens Broadband Radio Service Devices authorized on a General 
Authorized Access basis, as those terms are defined in section 96.3, 
are considered part of the Citizens Band Radio Services.
    Communications Act. The Communications Act of 1934, as amended; 47 
U.S.C. 151 et. seq.
    Control point. Any location where the operator of a Personal Radio 
Services station may reliably operate that station.
    Control station. A station at a fixed location that communicates 
with mobile stations and other control stations through repeater 
stations, and may also be used to control the operation of repeater 
stations.
    dB. Decibels.
    EIRP. Equivalent Isotropically Radiated Power. Antenna input power 
times gain for free-space, or in-tissue measurement configurations 
required by MedRadio, expressed in Watts, where the gain is referenced 
to an isotropic radiator.
    Emergency messages. Communications concerning the immediate safety 
of life or protection of property.
    Emission. Radiated electromagnetic energy from a station.
    External radio frequency power amplifier. Any device which, when 
used with a transmitter as a signal source, is capable of amplification 
of that signal, and is not an integral part of a radio transmitter as 
manufactured. See Sec.  2.815 of this chapter.
    FCC. The Federal Communications Commission.
    Feedline. A cable or transmission line that conveys radio frequency 
electrical energy from a transmitter to an antenna.
    Fixed station. A station at a fixed location that directly 
communicates with other fixed stations only.
    Frequency accuracy. A technical requirement comprising the 
frequency tolerance, frequency stability, or both.
    Frequency tolerance. A design requirement specifying the maximum 
amount that carrier frequencies of newly manufactured transmitters may 
normally differ from the frequency or frequencies set forth in the FCC 
rules.
    Frequency stability. A design requirement specifying the maximum 
amount that carrier frequencies of transmitters may normally change 
from their nominal value as a result of changes in ambient temperature, 
power supply voltages, or other external factors.
    Hand-held portable unit. A physically small mobile station that can 
be operated while being held in the operator's hand.
    Harmful interference. Any transmission, radiation, or induction 
that endangers the functioning of a radionavigation service or of other 
safety services or seriously degrades, obstructs, or repeatedly 
interrupts a radiocommunication service operating in accordance with 
applicable laws, treaties, and regulations.
    Individual. A human being, e.g., one man or one woman.
    Individual license. An authorization to operate a Personal Radio 
Service station, granted by the FCC to a specific person.
    Interference. The effect of unwanted energy due to one or a 
combination of emissions, radiations, or inductions upon reception in a 
radiocommunication system, manifested by any performance degradation, 
misinterpretation, or loss of information which could be extracted in 
the absence of such unwanted energy.
    Licensee. A person that has been granted an individual license by 
the FCC.
    Mean power output. The average power supplied at the radio 
frequency output of a transmitter during a time interval of at least 
0.1 seconds, taken under normal operating conditions.
    Mobile station. A station, intended to be used while in motion or 
during halts at unspecified locations, that communicates directly with 
base stations and other mobile stations, and with control stations and 
other mobile stations through repeater stations.
    Modulation. A process of altering the amplitude, frequency and/or 
phase of a radio frequency carrier wave generated within a Personal 
Radio Service transmitter, for the purpose of impressing onto the 
carrier wave information to be transmitted.
    Necessary bandwidth. For a given class of emission, the width of 
the frequency band which is just sufficient to ensure the transmission 
of information at the rate and with the quality required under 
specified conditions.
    Occupied bandwidth. For an emission, the width of a frequency band 
such that, below the lower and above the upper frequency limits, the 
mean powers emitted are each equal to 0.5% of the total mean power of 
the emission.
    One-way communications. Communications where information always 
flows in one pre-arranged direction through a communications channel.
    Operate. Control the functioning of a Personal Radio Service 
station; in particular, cause a Personal Radio Service station to 
begin, continue or cease transmitting.
    Operator. An individual who operates a Personal Radio Service 
station.
    Out-of-band emissions. Unwanted emissions that result from the 
modulation process and whose frequencies are immediately outside of the 
necessary bandwidth.
    Person. An individual, a corporation, a partnership, an 
association, a joint stock company, a trust, a state, territorial or 
local government unit, or other legal entity.
    Personal Radio Services station. Any transmitter, with or without 
an incorporated antenna or receiver, which is certified by the FCC to 
be operated in one or more of the Personal Radio Services.
    Personal Radio Services. The Personal Radio Services are the 
citizens band radio services, radio control radio services, the 218-219 
MHz Service and

[[Page 41107]]

individually licensed services comprising all of the radio services and 
other classifications of radio stations governed by the rules in this 
part (47 CFR part 95).
    Plain language voice communications. Voice communications without 
codes or coded messages intended to provide a hidden meaning. Foreign 
languages and commonly known radio operating words and phrases, such as 
``ten four'' and ``roger,'' not intended to provide a hidden meaning, 
are not considered codes or coded messages.
    Radio control radio service. Pursuant to 47 U.S.C. 307(e)(3), the 
term ``radio control radio service'' means any radio service or other 
specific classification of radio stations used primarily for wireless 
telecommand and/or wireless telemetry purposes, for which the FCC has 
determined that it serves the public interest, convenience and 
necessity to authorize by rule the operation of radio stations in that 
service or class, without individual licenses, pursuant to 47 U.S.C. 
307(e)(1).
    Remote control. Operation of a Personal Radio Services station from 
a location that is not in the immediate vicinity of the transmitter. 
Operation of a Personal Radio Services station from any location on the 
premises, vehicle or craft where the transmitter is located is not 
considered to be remote control.
    Repeater station. A station in a fixed location used to extend the 
communications range of mobile stations, hand-held portable units and 
control stations by receiving their signals on one channel (the input 
channel) and simultaneously retransmitting these signals on another 
channel (the output channel), typically with higher transmitting power 
from a favorable antenna location (typically high above the surrounding 
terrain).
    Spurious emissions. Unwanted emissions, the level of which may be 
reduced without affecting the corresponding transmission of 
information, including harmonic emissions, parasitic emissions, 
intermodulation products and frequency conversion products, but 
excluding out-of-band emissions.
    Network connection. Connection of a Personal Radio Services station 
to the public switched network, so that operators of other stations in 
that service are able to make (and optionally to receive) telephone 
calls through the connected station.
    Transmit. Radiate electromagnetic energy.
    Transmitter. A device which supplies radio frequency electrical 
energy to an antenna, either directly or through a feedline.
    Transmitter type. A sample transmitter submitted for testing to 
evaluate compliance with the technical and design rules in this part, 
for the purpose of FCC certification pursuant to part 2, subpart J of 
this chapter. The sample transmitter is identical to (as defined in 
Sec.  2.908 of this chapter) and representative of all other 
transmitters of the same type.
    Two-way communications. Communications where information flows in 
both directions through a communications channel, either simultaneously 
(duplex operation) or alternately (simplex operation).
    Unwanted emissions. Emissions whose frequencies are outside of the 
necessary bandwidth; comprising out-of-band emissions and spurious 
emissions.
    User. Any person who uses or benefits from the operation of a 
Personal Radio Service station.
    Voice obscuring feature. A feature incorporated into a Personal 
Radio Service telephony transmitter that alters the sound of the user's 
voice in such a way that the communications are intended to be 
understandable only to individuals using a similar unit that reverses 
the process on the receiving end, so that the voice again becomes 
intelligible.


Sec.  95.305  Authorization to operate Personal Radio Services stations

    Pursuant to 47 U.S.C. 307(e)(1), this rule section authorizes 
eligible persons to operate part 95 Personal Radio Service stations and 
part 96 Citizens Broadband Radio Service stations without individual 
licenses, except as provided in paragraph (a). Such operation must 
comply with all applicable rules in this part.
    (a) Individual licenses. A valid individual license may be required 
under this part to operate or use stations in a particular service, 
certain types of stations, stations transmitting on certain channels or 
frequency bands, or stations transmitting with power above a certain 
level. Any such requirements applicable to stations in any of the 
Personal Radio Services are set forth in the subpart governing that 
specific service. See e.g., Sec.  95.1705. Otherwise, the FCC does not 
require or accept applications for an individual license to operate any 
type of Personal Radio Service station.
    (b) Operator eligibility. Some of the Personal Radio Services have 
specific operator eligibility requirements, which are set forth in the 
subparts governing those services. Otherwise, any person is eligible to 
operate a Personal Radio Service station, except as stated in 
paragraphs (c) and (d) of this section.
    (c) Foreign government operator. No entity that is a foreign 
government or which is acting in its capacity as a representative of a 
foreign government is authorized by this section to operate Personal 
Radio Service stations.
    (d) Cease and desist order. No person subject to a cease and desist 
order issued pursuant to Sec.  95.313(d) is authorized by this section 
to operate Personal Radio Service stations.
    (e) Federal station. No person is authorized by this section to 
operate a United States Government radio station.
    (f) Foreign station. No person is authorized by this section to 
operate a foreign government radio station.


Sec.  95.307  Authorized station locations.

    Personal Radio Service stations generally may be operated in any 
location included within the descriptions in the following paragraphs 
in this section. In certain specific locations, however, co-ordination 
procedures or operating restrictions may apply, as set forth in Sec.  
95.309. Operation of Personal Radio Service stations in any location 
outside of those described in the following paragraphs is not 
authorized by this part.
    (a) Within the United States and its territories. Those areas 
include the fifty United States and the District of Columbia, the 
Commonwealth of Puerto Rico, Navassa Island, the United States Virgin 
Islands (50 islets and cays), American Samoa (seven islands), Baker 
Island, the Commonwealth of Northern Marianna Islands, Guam Island and 
Howland Island, Jarvis Island, Johnston Island (Islets East, Johnston, 
North and Sand), Kingman Reef, Midway Island (Islets Eastern and Sand), 
Palmyra Island (more than 50 islets), and Wake Island (Islets Peale, 
Wake and Wilkes).
    (b) Aboard any vessel or aircraft registered in the United States. 
With the permission of the captain, while the vessel or aircraft is 
within or over the United States or its territories, U.S. territorial 
waters, or upon or over international waters.
    (c) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company. While that vessel or aircraft is 
within or over the United States or its territories, U.S. territorial 
waters or upon or over international waters.
    (d) Other locations. Any other area of the world, except within the 
territorial limits of areas where radio services are regulated by:
    (1) An agency of the United States other than the FCC. (You are 
subject to its rules.)

[[Page 41108]]

    (2) Any foreign government. (You are subject to its rules.)


Sec.  95.309  Coordination procedures and other restrictions for 
operation in certain locations.

    The operator of a Personal Radio Service station may be required to 
coordinate operation in advance and/or may be subject to operating 
restrictions if the station is to be operated in certain locations, 
described in the following paragraphs in this section.
    (a) In a Quiet Zone or near a protected FCC field office. Rules for 
these locations are set forth in Sec.  1.924 of this chapter.
    (b) Near a U.S. border or in an area that is or may be subject to 
an international treaty or agreement. Treaties and agreements may be 
viewed or downloaded from the FCC Web site: http://www.fcc.gov/ib/sand/agree/.
    (c) At an environmentally sensitive site, or in a manner that may 
raise environmental concerns. Rules for these locations are set forth 
in part 1, subpart I of this chapter (Procedures Implementing the 
National Environmental Policy Act of 1969).
    (d) In an area administered by the United States Government. For 
example, the Department of Defense may impose restrictions on a station 
transmitting on land under its jurisdiction. Before operating a station 
at such a point, the operator should consult with the commanding 
officer in charge of the land.
    (e) Near the Arecibo Observatory. Anyone planning to operate a 
Personal Radio Services station on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, or Culebra in a manner that could pose an 
interference threat to the Arecibo Observatory must notify the 
observatory at least 45 days in advance of the planned operation, by 
mail or email, to the following address: Interference Office, Arecibo 
Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612; email: 
[email protected].
    (1) To determine whether a planned operation could pose an 
interference threat to the Arecibo Observatory, operators may consult 
interference guidelines provided by Cornell University.
    (2) The notification must include the geographical coordinates of 
the station, if it is a fixed or base station.
    (3) After receipt of such notifications, the FCC will allow the 
Arecibo Observatory 20 days to comment on or object to the proposed 
operation. The operator must make reasonable efforts to resolve or 
mitigate any potential interference concern with the Arecibo 
Observatory. If the FCC determines that an operator has made reasonable 
efforts to protect the Observatory from interference, the operator may 
be allowed to operate the station.


Sec.  95.311  Correspondence and notices from the FCC.

    Operators of Personal Radio Service stations must respond to and 
comply with official communications from the FCC.
    (a) The FCC may send a letter to the operator of a Personal Radio 
Service station requesting specific information about the Personal 
Radio Service station or its operation. Upon receipt of such a letter, 
the operator must respond in writing to the FCC office that sent the 
letter, within the time period stated in the letter. The written 
response must contain the information requested by the FCC, must be 
complete in itself, and should not rely on references to other 
communications or notices.
    (b) If it appears to the FCC that the operator of a Personal Radio 
Services station has violated the Communications Act or the FCC's 
rules, the FCC may send that operator an official notice concerning the 
apparent violation. Upon receipt of such official notice, the operator 
must respond in writing to the FCC office that sent the letter, within 
the time period stated in the letter and comply with all instructions 
in the notice concerning the response. The written response must 
contain a complete written statement that fully addresses each 
violation, reports any action that the operator has taken to correct 
the violation and to prevent it from happening again, and any other 
pertinent information, such as other operators or stations that may 
have caused the violation.
    (c) If the FCC notifies the operator of a Personal Radio Service 
station that the station is causing interference for technical reasons, 
the operator must follow all instructions in the official notice. The 
operator must comply with restricted hours of station operation if so 
specified in the official notice. The notice may require the operator 
to stop operating the station until technical adjustments or repairs 
have been made to the station equipment, such that the technical 
problem is corrected.


Sec.  95.313  Penalties for violations of the Communications Act or FCC 
rules.

    Operators of Personal Radio Service stations may be assessed 
penalties for violations of the Communications Act and the FCC Rules.
    (a) If a Federal court finds that a Personal Radio Service station 
operator has willfully and knowingly violated any provision of the 
Communications Act, that operator may be fined up to $10,000 or be 
imprisoned for a period not exceeding one year, or both. Upon a 
subsequent violation, the imprisonment may be for a period not 
exceeding two years. See Sec.  501 of the Communications Act (47 U.S.C. 
501).
    (b) If a Federal court finds that a Personal Radio Service station 
operator has willfully and knowingly violated any FCC rule, the 
operator may be fined up to $500 for each violation, or in the case of 
a continuing violation, $500 for each day that the violation continued. 
See section 502 of the Communications Act (47 U.S.C. 502).
    (c) If the FCC finds that a Personal Radio Service station operator 
has willfully or repeatedly violated one or more sections of the 
Communications Act or of the FCC Rules, that operator may be liable for 
forfeiture. See Sec.  1.80 of this chapter for details about the 
forfeiture procedures and amounts.
    (d) If the FCC finds that a Personal Radio Service station operator 
is using a Personal Radio Service station in a way that violates one or 
more sections of the Communications Act or of the FCC Rules, the FCC 
may order the operator to cease and desist (i.e., immediately stop 
operating the station). See Sec.  312(b) of the Communications Act (47 
U.S.C. 312(b)).


Sec.  95.315  [Reserved]


Sec.  95.317  Registration of antenna structures that may constitute a 
menace to air navigation.

    (a) Each antenna structure used for a Personal Radio Service 
station is subject to the antenna structure rules set forth in part 17 
of this chapter. In particular, the owner of an antenna structure that 
is more than 60.96 m (200 ft) in height above ground level (see Sec.  
17.7 of this chapter for specific criteria) may be required to notify 
the FAA and register the antenna structure with the FCC.
    (b) Further, stations located on or near a military or public-use 
airport with an antenna structure that is more than 6.10 meters (20 
feet) high may have to obey additional restrictions. The highest point 
of the antenna must not exceed one meter above the airport elevation 
for every hundred meters of distance from the nearest point of the 
nearest airport runway. Differences in ground elevation between the 
antenna and the airport runway may complicate this formula. For 
stations near an airport, see http://appsint.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to figure the maximum allowable height of the antenna. 
Consult part 17 of the FCC's Rules for more information (47 CFR part 
17).

[[Page 41109]]

Sec.  95.319  Malfunctioning transmitting equipment.

    If the operator of a Personal Radio Services station becomes aware 
that the transmitting equipment is no longer functioning properly, he 
or she must stop making transmissions (except for emergency 
communications) using the malfunctioning transmitting equipment until 
it has been adjusted and/or repaired, as necessary, to restore proper 
operation.
    (a) FCC request to discontinue operation. If an FCC representative 
informs a Personal Radio Services station operator that the technical 
characteristics of his or her transmitted signals are not in compliance 
with the applicable rules (e.g., regarding power, unwanted emissions, 
frequency accuracy), he or she must immediately stop making 
transmissions with the transmitter producing the non-compliant signals.
    (b) Internal repairs. Internal adjustments and repairs to Personal 
Radio Services transmitters must be performed by or under the 
supervision of an individual who is qualified to maintain and repair 
transmitters.
    (c) Test transmissions. The operator of any Personal Radio Services 
station may make brief test transmissions to verify the functional 
status of the transmitting equipment at any time, provided that such 
transmissions do not cause interference to the communications of other 
stations. A qualified individual maintaining or repairing a Personal 
Radio station transmitter in accordance with paragraph (b) of this 
section may make test transmissions as necessary to maintain or repair 
the transmitter, provided that such transmissions do not cause 
interference to communications of other stations.


Sec.  95.321  [Reserved]


Sec.  95.323  FCC inspection of station.

    If an authorized FCC representative requests to inspect any station 
in the Personal Radio Services, the station operator or licensee must 
make the station and any applicable records available for inspection.


Sec.  95.325  Interference.

    Operators of Personal Radio Service stations experiencing or 
causing interference must first attempt to eliminate the interference 
by means of mutually satisfactory arrangements. If the operators are 
unable to resolve an interference problem, the FCC may impose 
restrictions including specifying the channels, maximum transmitting 
power, maximum antenna height and geographic area or hours of operation 
of the stations concerned.


Sec.  95.327  Restricted operation.

    The FCC may deny or restrict the use by any operator(s) of any 
specified channel(s) in a specified geographic area if, in the judgment 
of the FCC, such use is not in the public interest. Furthermore, the 
FCC may restrict the use by any particular operator(s) of any channel 
as to geographical area of operation, transmitting power, or other 
operating conditions.


Sec.  95.329  How to contact the FCC.

    For information about the Personal Radio Services, see the FCC's 
internet Web site (www.fcc.gov). To speak with an FCC representative 
about the Personal Radio Services, call the FCC's information line 888-
CALL-FCC (888-225-5322). To write the FCC about these services, address 
the Federal Communications Commission, Attention: Mobility Division, 
Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 
20554.


Sec.  95.331  Permissible uses.

    Personal Radio Services stations may be used only for the purposes 
set forth in the rules applicable to each specific Personal Radio 
Service.


Sec.  95.333  Prohibited uses.

    No person shall use a Personal Radio Service station:
    (a) In connection with any activity which is against Federal, State 
or local law;
    (b) To transmit advertisements or program material associated with 
television or radio broadcasting;
    (c) To transmit messages for hire or provide a common carrier 
service;
    (d) To intentionally interfere with the communications of another 
station;
    (e) To transmit obscene, profane or indecent words, language or 
meaning; or
    (f) To transmit a false or deceptive communication.


Sec.  95.335  Operation of non-certified transmitters prohibited.

    Except as provided in paragraph (a) of this section, no person 
shall operate a transmitter in any Personal Radio Service unless it is 
a certified transmitter; that is, a transmitter of a type which has 
obtained a grant of equipment certification for that service, pursuant 
to part 2, subpart J of this chapter. Use of a transmitter that is not 
FCC-certified voids the user's authority to operate that station. See 
sections 302(a), (b), and (e) of the Communications Act (47 U.S.C. 
302(a), (b), and (e)).
    (a) Exceptions. Under certain exceptions, non-certified Personal 
Radio Service transmitters, or transmitters certified for use in the 
land mobile radio services may be operated. Any such exceptions 
applicable to stations in a Personal Radio Service are set forth in the 
subpart governing that specific service. See e.g., Sec. Sec.  95.735 
and 95.1735.
    (b) Revoked or withdrawn certification. In the event that the FCC 
revokes or withdraws a grant of equipment certification for a type of 
Personal Radio Service transmitter, existing transmitters already in 
service may continue to be operated unless and until the FCC determines 
otherwise and gives Public Notice of that decision.
    (c) Grantee permissible modifications. Only the grantee of the 
equipment certification may modify the design of a certified Personal 
Radio Service transmitter type, and then only pursuant to and in full 
compliance with the requirements and procedures for permissible changes 
and modifications in part 2 of this chapter. See Sec. Sec.  2.932 and 
2.1043 of this chapter.


Sec.  95.337  Operation of impermissibly modified equipment prohibited.

    No person shall modify any Personal Radio Service transmitter in a 
way that changes or affects the technical functioning of that 
transmitter such that operation of the modified transmitter results in 
a violation of the rules in this part. This includes any modification 
to provide for additional transmit frequencies, increased modulation 
level, a different form of modulation, or increased transmitter output 
power (either mean power or peak envelope power or both). Any such 
modification voids the certified status of the modified transmitter and 
renders it unauthorized for use in the Personal Radio Services. Also, 
no person shall operate any Personal Radio Service transmitter that has 
been so modified.


Sec.  95.339  Operation of transmitter with external device causing 
rule violation prohibited.

    No person shall operate any Personal Radio Service transmitter to 
which an external device or accessory has been added such that 
operation of the combination results in a violation of the rules.


Sec.  95.341  [Reserved]


Sec.  95.343  Station operator responsibility and requirements.

    Each Personal Radio Services station must have an operator whenever 
the station is transmitting. The operator of a Personal Radio Services 
station is responsible for proper operation of the station in 
compliance with all applicable rules in this part.

[[Page 41110]]

    (a) Unless the station is operating under automatic control, the 
operator of a Personal Radio Services station must be located at a 
control point and monitoring communications while the station is 
transmitting.
    (b) For Personal Radio Services stations operating under the 
authority of an individual license, the licensee is responsible for 
proper operation of the station in compliance with all applicable rules 
in this part, regardless of who is operating the station.
    (c) For Personal Radio Services stations operating under the 
authority of an individual license, the licensee must maintain station 
records. If no individual license is required for a particular Personal 
Radio Service, the station operator must maintain the station records. 
Station records include copies of any FCC violation notices or other 
FCC letters received by the licensee or operator, any responses to such 
letters, each written permission received from the FCC, and other 
documents as the FCC may require be included.


Sec.  95.345  Remote control.

    Operation of Personal Radio Services stations by remote control is 
prohibited, unless otherwise allowed for a particular Personal Radio 
Service by rules in the subpart governing that specific service. See 
e.g., Sec. Sec.  95.945 and 95.1745.


Sec.  95.347  Automatic control.

    Operation of Personal Radio Services stations under automatic 
control is prohibited, unless otherwise allowed for a particular 
Personal Radio Service by rules in the subpart governing that specific 
service. See e.g., Sec. Sec.  95.1747, 95.2347, and 95.2547.


Sec.  95.349  Network connection.

    Operation of Personal Radio Services stations connected with the 
public switched network is prohibited, unless otherwise allowed for a 
particular Personal Radio Service by rules in the subpart governing 
that specific service. See e.g., Sec. Sec.  95.949 and 95.2749.


Sec.  95.351  Station identification.

    Operators of Personal Radio Services stations are not required to 
transmit any form of station identification, unless otherwise required 
for a Personal Radio Service by rules in the subpart governing that 
specific service. See e.g., Sec.  95.1751.


Sec.  95.353  False distress signals.

    No person shall transmit or cause to be transmitted by a Personal 
Radio Services station any false or fraudulent signals of distress, or 
communication relating thereto. See section 325(a) of the 
Communications Act (47 U.S.C. 325(a)).


Sec.  95.355  [Reserved]


Sec.  95.357  Duration of transmissions.

    Except as otherwise provided, the operator of a Personal Radio 
Services station must generally limit transmissions to the minimum 
duration necessary. See e.g., Sec.  95.2357. Some Personal Radio 
Services have specific duration limits, which are set forth in the 
subparts governing those services. See e.g., Sec.  95.957.


Sec.  95.359  Sharing of channels.

    Unless otherwise provided in the subparts governing the individual 
services, all channels designated for use in the Personal Radio 
Services are available for use on a shared basis, and are not assigned 
by the FCC for the exclusive use of any person or station. Operators of 
Personal Radio Service stations must cooperate in the selection and use 
of channels in order to avoid interference and make efficient use of 
these shared channels.


Sec.  95.361  Transmitter Certification.

    (a) Unless otherwise provided in the subpart governing that service 
or in other parts of this chapter, each transmitter that operates or is 
intended to operate in a service of the Personal Radio Service must be 
certified in accordance with the governing subpart and part 2 of this 
Chapter.
    (b) A copy of the instruction manual specified in Sec.  95.393 must 
be forwarded to the FCC with each request for certification of the 
relevant transmitter. If a final copy of that manual is not available 
when the certification application is submitted, the applicant may 
include with its application a draft or preliminary copy provided it 
forwards a final copy to the FCC when such a copy becomes available.
    (c) Equipment certification will not be issued for transmitter 
types where any control, switch or other type of adjustment--which, 
when manipulated, can result in a violation of the rules--is accessible 
to the user.


Sec.  95.363  Channels available for use.

    Operators of Personal Radio Stations may transmit only on the 
channels or frequency bands designated for the specific Personal Radio 
Service being used, as listed in the individual subpart governing that 
service. Transmissions on any channel or frequency not designated for 
the service being used constitutes a violation of section 301 of the 
Communications Act (47 U.S.C. 301).


Sec.  95.365  [Reserved]


Sec.  95.367  Transmitting power.

    For transmission of emergency messages, where operators of Personal 
Radio Services stations have the ability to select transmitting power 
levels, the highest transmitting power available may be used. In all 
other circumstances, the minimum amount of transmitting power necessary 
to carry out the desired communications must be used. See section 324 
of the Communications Act (47 U.S.C. 324).


Sec.  95.369  [Reserved]


Sec.  95.371  Emission types.

    In general, Personal Radio Services stations may transmit any 
emission type that is appropriate for the permissible uses of the 
specific service, provided that it does not exceed the authorized 
bandwidth for that service and is in full compliance with the 
modulation limits (if any) and unwanted emission limits for the 
specific service.
    (a) Exceptions. In some of the Personal Radio Services, stations 
may transmit only certain specific emission types. Any such limits are 
set forth in the emission types rule in the subpart governing that 
service. See e.g., Sec. Sec.  95.971 and 95.2971.
    (b) Emission type designators. Emission type designators are 
defined in Sec.  2.201 of this chapter. Designators for emissions 
commonly used in the Personal Radio Services are as follows:

------------------------------------------------------------------------
                Description                          Designator
------------------------------------------------------------------------
Voice, AM.................................  A3E
Voice, SSB................................  J3E
Voice, FM.................................  F3E
Voice, PM.................................  G3E
Data, FSK.................................  F1D
Data, AFSK................................  F2D
Data, PSK.................................  G1D
Test, no modulation.......................  N0N
------------------------------------------------------------------------

Sec.  95.377  Tones and signals.

    Personal Radio Service stations that transmit voice emissions may 
also transmit audible or subaudible tones or other signals for the 
purpose of selective calling and/or receiver squelch activation. These 
tones and signals are ancillary to voice communications and are 
considered to be included within the voice emission types, e.g., A3E, 
F3E, and G3E.
    (a) Tones that are audible (having a frequency higher than 300 
Hertz), must last no longer than 15 seconds at one time.
    (b) Tones that are subaudible (having a frequency of 300 Hertz or 
less), may be transmitted continuously during a communication session.

[[Page 41111]]

Sec.  95.381  Voice obscuring features.

    A grant of equipment certification will not be issued for any 
transmitter type that incorporates one or more voice scrambling or 
other obscuring features for any of the Personal Radio Services that 
provide for voice (telephony) communications on shared channels (see 
Sec.  95.359), if the application for such grant is filed on or after 
December 27, 2017.


Sec.  95.385  RF exposure evaluation.

    (a) Personal Radio Services devices are subject to the radio 
frequency radiation exposure requirements specified in Sec. Sec.  
1.1307(b), 2.1091 and 2.1093 of this chapter, as appropriate.
    (b) FCC certification (see Sec.  95.335) of transmitter types that 
are ``portable devices,'' as defined in Sec.  2.1093(b) of this 
chapter, and are designed to operate in certain Personal Radio 
Services, is subject to rules requiring radiofrequency radiation 
exposure routine evaluation pursuant to Sec. Sec.  1.1307(b) and 2.1093 
of this chapter. See Sec. Sec.  95.2385 and 95.2585.


Sec.  95.391  Manufacturing, importation, and sales of non-certified 
equipment prohibited.

    No person shall manufacture, import, sell or offer for sale non-
certified equipment for the Personal Radio Services. See Sec.  302(b) 
of the Communications Act (47 U.S.C. 302a(b)). See also part 2, subpart 
I (Sec.  2.801 et. seq.) of this chapter for rules governing marketing 
of radiofrequency devices.
    (a) Revoked or withdrawn certification. In the event that the FCC 
revokes or withdraws a grant of equipment certification for a type of 
Personal Radio Service transmitter, the FCC will provide specific 
instructions and dates for cessation of manufacturing, importation and 
sales of the affected equipment.
    (b) External radio frequency power amplifiers. No person shall 
manufacture, import, sell or offer for sale any external radio 
frequency power amplifier that is capable of operation on any frequency 
below 144 MHz and is intended for use in the Personal Radio Services. 
See also Sec.  2.815 of this chapter.
    (c) Voice obscuring radios. Effective September 30, 2019, no person 
shall manufacture, or import, sell or offer for sale any radio that 
incorporates one or more voice scrambling or other obscuring features 
where such radio is intended for use in any of the Personal Radio 
Services that provide for voice (telephony) communications on shared 
channels (see Sec.  95.359) regardless of whether the Commission has 
previously certified that radio.


Sec.  95.393  Instructions and warnings.

    (a) A user's instruction manual must be supplied with each 
transmitter that can be used in a Personal Radio Service.
    (b) The manual described in paragraph (a) of this section must 
contain all information necessary for the proper installation and 
operation of the transmitter including:
    (1) Instructions concerning all controls, adjustments and switches 
that may be operated or adjusted without resulting in a violation of 
FCC rules;
    (2) Warnings concerning any adjustment that could result in a 
violation of FCC rules or that is recommended to be performed only by 
or under the immediate supervision and responsibility of a person 
certified as technically qualified to perform transmitter maintenance 
and repair duties in the relevant radio service by an organization or 
committee representative of users of that service;
    (3) Warnings concerning the replacement of any transmitter 
component (crystal, semiconductor, etc.) that could result in a 
violation of FCC rules; and
    (4) For a transmitter that can only be operated with an FCC 
license, warnings concerning compliance with applicable licensing 
requirements and information concerning license application procedures.


Sec.  Sec.  95.395-95.499  [Reserved]

Subpart B--Family Radio Service (FRS)


Sec.  95.501  Scope.

    This subpart contains rules that apply only to the Family Radio 
Service (FRS).


Sec.  95.503  Definitions, FRS.

    Family Radio Service (FRS). A short-distance two-way voice 
communication service, with limited data applications, between low 
power hand-held radios, for facilitating individual, family, group, 
recreational and business activities.
    FRS unit. A transceiver for use in the FRS.


Sec. Sec.  95.505-95.517  [Reserved]


Sec.  95.519  FRS replacement parts.

    The operator of a FRS unit may replace the batteries in the FRS 
unit with batteries of a type specified by the manufacturer. All other 
internal maintenance and repairs must be carried out in accordance with 
Sec.  95.319.


Sec. Sec.  95.521-95.529  [Reserved]


Sec.  95.531  Permissible FRS uses.

    FRS units are primarily used for short-distance two-way voice 
communications between individuals.
    (a) Digital data. In addition to voice conversations, FRS units may 
transmit digital data containing location information, or requesting 
location information from one or more other FRS or GMRS units, or 
containing a brief text message to another specific GMRS or FRS unit. 
Digital data transmissions must be initiated by a manual action of the 
operator, except that a FRS unit receiving an interrogation request may 
automatically respond with its location. See also Sec.  95.587(c).
    (b) One-way communications. FRS units may be used for one-way 
communications that are emergency messages, traveler assistance 
communications, voice pages or brief equipment tests.
    (c) GMRS stations. FRS units normally communicate with other FRS 
units, but may also be used to communicate with General Mobile Radio 
Service (GMRS) stations.


Sec.  95.533  Prohibited FRS uses.

    FRS units must not be used for one-way communications other than 
those listed in Sec.  95.531(b). Initial transmissions to establish 
two-way communications and data transmissions listed in Sec.  95.531(a) 
are not considered to be one-way communications for the purposes of 
this section.


Sec.  Sec.  95.535-95.559  [Reserved]


Sec.  95.561  FRS transmitter certification.

    (a) Each FRS unit (a transmitter that operates or is intended to 
operate in the FRS) must be certficated for use in the FRS in 
accordance with this subpart and subpart J of part 2 of this chapter.
    (b) A grant of equipment certification for the FRS will not be 
issued for any FRS transmitter type that fails to comply with all of 
the applicable rules in this subpart.
    (c) A grant of equipment certification will not be issued for hand-
held portable radio units capable of operating under both this subpart 
(FRS) and under any other subparts of this chapter (except part 15) if 
the application for such grant is filed on or after December 27, 2017.


Sec.  95.563  FRS channels.

    The FRS is allotted 22 channels, each having a channel bandwidth of 
12.5 kHz. All of the FRS channels are also allotted to the General 
Mobile Radio Service (GMRS) on a shared basis. The

[[Page 41112]]

FRS channel center frequencies are set forth in the following table:

------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
1..........................................................     462.5625
2..........................................................     462.5875
3..........................................................     462.6125
4..........................................................     462.6375
5..........................................................     462.6625
6..........................................................     462.6875
7..........................................................     462.7125
8..........................................................     467.5625
9..........................................................     467.5875
10.........................................................     467.6125
11.........................................................     467.6375
12.........................................................     467.6625
13.........................................................     467.6875
14.........................................................     467.7125
15.........................................................     462.5500
16.........................................................     462.5750
17.........................................................     462.6000
18.........................................................     462.6250
19.........................................................     462.6500
20.........................................................     462.6750
21.........................................................     462.7000
22.........................................................     462.7250
------------------------------------------------------------------------

Sec.  95.565  FRS frequency accuracy.

    Each FRS transmitter type must be designed such that the carrier 
frequencies remain within 2.5 parts-per-million of the 
channel center frequencies specified in Sec.  95.563 during normal 
operating conditions.


Sec.  95.567  FRS transmit power.

    Each FRS transmitter type must be designed such that the effective 
radiated power (ERP) on channels 8 through 14 does not exceed 0.5 Watts 
and the ERP on channels 1 through 7 and 15 through 22 does not exceed 
2.0 Watts.


Sec.  95.569  [Reserved]


Sec.  95.571  FRS emission types.

    Each FRS transmitter type must be designed such that it can 
transmit only the following emission types: F3E, G3E, F2D, and G2D.


Sec.  95.573  FRS authorized bandwidth.

    Each FRS transmitter type must be designed such that the occupied 
bandwidth does not exceed 12.5 kHz.


Sec.  95.575  FRS modulation limits.

    Each FRS transmitter type must be designed such that the peak 
frequency deviation does not exceed 2.5 kHz, and the highest audio 
frequency contributing substantially to modulation must not exceed 
3.125 kHz.


Sec.  95.577  FRS tone requirements.

    In addition to the tones permitted under Sec.  95.377, FRS 
transmitter types may be designed to transmit brief tones to indicate 
the end of a transmission.


Sec.  95.579  FRS unwanted emissions limits.

    Each FRS transmitter type must be designed to satisfy the 
applicable unwanted emissions limits in this paragraph.
    (a) Attenuation requirements. The power of unwanted emissions must 
be attenuated below the carrier power output in Watts (P) by at least:
    (1) 25 dB (decibels) in the frequency band 6.25 kHz to 12.5 kHz 
removed from the channel center frequency.
    (2) 35 dB in the frequency band 12.5 kHz to 31.25 kHz removed from 
the channel center frequency.
    (3) 43 + 10 log (P) dB in any frequency band removed from the 
channel center frequency by more than 31.25 kHz.
    (b) Measurement bandwidths. The power of unwanted emissions in the 
frequency bands specified in paragraphs (a)(1) and (2) of this section 
is measured with a reference bandwidth of 300 Hz. The power of unwanted 
emissions in the frequency range specified in paragraph (a)(3) is 
measured with a reference bandwidth of at least 30 kHz.
    (c) Measurement conditions. The requirements in this section apply 
to each FRS transmitter type both with and without the connection of 
permitted attachments, such as an external speaker, microphone and/or 
power cord.


Sec. Sec.  95.581-95.585  [Reserved]


Sec.  95.587  FRS additional requirements.

    Each FRS transmitter type must be designed to meet the following 
additional requirements.
    (a) Transmit frequency capability. FRS transmitter types must not 
be capable of transmitting on any frequency or channel other than those 
listed in Sec.  95.563.
    (b) Antenna. The antenna of each FRS transmitter type must meet the 
following requirements.
    (1) The antenna must be a non-removable integral part of the FRS 
transmitter type.
    (2) The gain of the antenna must not exceed that of a half-wave 
dipole antenna.
    (3) The antenna must be designed such that the electric field of 
the emitted waves is vertically polarized when the unit is operated in 
the normal orientation.
    (c) Digital data transmissions. FRS transmitter types having the 
capability to transmit digital data must be designed to meet the 
following requirements.
    (1) FRS units may transmit digital data containing location 
information, or requesting location information from one or more other 
FRS or GMRS units, or containing a brief text message to another 
specific FRS or GMRS unit or units.
    (2) Digital data transmissions must be initiated by a manual action 
or command of the operator, except that FRS units may be designed to 
automatically respond with location data upon receiving an 
interrogation request from another FRS unit or a GMRS unit.
    (3) Digital data transmissions must not exceed one second in 
duration.
    (4) Digital data transmissions must not be sent more frequently 
than one digital data transmission within a thirty-second period, 
except that an FRS unit may automatically respond to more than one 
interrogation request received within a thirty-second period.
    (d) Packet mode. FRS transmitter types must not be capable of 
transmitting data in the store-and-forward packet operation mode.
    (e) Effective September 30, 2019, no person shall manufacture or 
import hand-held portable radio equipment capable of operating under 
this subpart (FRS) and other licensed or licensed-by-rule services in 
this chapter (part 15 unlicensed equipment authorizations are permitted 
if consistent with part 15 rules).


Sec.  95.589  [Reserved]


Sec.  95.591  Sales of FRS combination radios prohibited.

    Effective September 30, 2019, no person shall sell or offer for 
sale hand-held portable radio equipment capable of operating under this 
subpart (FRS) and under any other licensed or licensed-by-rule radio 
services in this chapter (devices may be authorized under this subpart 
with part 15 unlicensed equipment authorizations).


Sec. Sec.  95.593-95.699  [Reserved]

Subpart C--Radio Control Radio Service


Sec.  95.701  Scope.

    This subpart contains rules that apply only to the Radio Control 
Radio Service (RCRS).


Sec.  95.703  Definitions, RCRS.

    Model aircraft. A small imitation of an aircraft, such as an 
airplane or a helicopter.
    Model surface craft. A small imitation of a boat, car, or other 
type of vehicle for carrying people or objects, other than an aircraft.
    Radio Control Radio Service (RCRS). A non-commercial short-distance 
radio service for wirelessly controlling the

[[Page 41113]]

operation of devices, including, but not limited to, model vehicles 
such as aircraft and surface craft.
    RCRS transmitter. A transmitter that is used or intended to be used 
in the RCRS.


Sec. Sec.  95.705-95.717  [Reserved]


Sec.  95.719  RCRS replacement parts.

    The operator of an RCRS transmitter may replace parts of an RCRS 
transmitter as indicated in this section. All other internal 
maintenance and repairs must be carried out in accordance with Sec.  
95.319.
    (a) A damaged antenna may be replaced by another antenna of the 
same or a compatible similar type.
    (b) Batteries in the RCRS transmitter may be replaced with 
batteries of a type specified by the manufacturer.
    (c) To change plug-in modules which were certified as part of the 
RCRS transmitter.


Sec. Sec.  95.721-95.723  [Reserved]


Sec.  95.725  Interference, RCRS.

    RCRS operations must not cause interference to, and must accept 
interference from, certain other radio service operations, as follows:
    (a) RCRS stations must not cause interference to:
    (1) Authorized radio operations in the 72-76 MHz band, including 
radio remote control of industrial equipment on the same or adjacent 
channels; or,
    (2) Broadcast television reception on TV Channels 4 or 5.
    (b) RCRS operations are not afforded protection from interference 
caused by the operation of:
    (1) Industrial, scientific or medical devices (see part 18 of this 
chapter) operating in the 26-28 MHz band; and,
    (2) Fixed and mobile stations in other services operating on the 
same or adjacent channels.


Sec. Sec.  95.727-95.729  [Reserved]


Sec.  95.731  Permissible RCRS use.

    RCRS transmitters may only be used to transmit one-way 
communications and only for the purposes set forth in this section. 
(One-way communications are transmissions which are not intended to 
establish communications with another station.)
    (a) Control of model crafts and devices. When an RCRS transmitter 
is used to control a model craft or device, the RCRS channels in 
specific frequency bands must be used, based on the type of model craft 
or device being controlled, as follows:
    (1) RCRS channels in the 72 MHz frequency band may be used only to 
control and operate model aircraft.
    (2) RCRS channels in the 75 MHz frequency band may be used only to 
control and operate model surface craft.
    (3) RCRS channels in the 26-28 MHz frequency band may be used to 
control or operate any kind of device.
    (b) Telecommand. Any RCRS channel may be used by the operator to 
turn on and/or off a device at a remote location.
    (c) Telemetry. Any RCRS channel in the 26-28 MHz frequency band may 
be used to transmit a signal from a sensor at a remote location that 
turns on and/or off an indicating device for the operator.


Sec.  95.733  Prohibited RCRS use.

    The rules in this section restrict certain uses of RCRS 
transmitters.
    (a) Simultaneous use of multiple channels. An RCRS station must not 
transmit simultaneously on more than one RCRS channel in the 72-76 MHz 
band when such operation would cause harmful interference to other RCRS 
operations.
    (b) Data transmission. No person shall use a RCRS transmitter to 
transmit data. Tones or other types of signal encoding are not 
considered to be data for the purposes of this paragraph, when used 
only for the purpose of identifying the specific device among multiple 
devices that the operator intends to turn on/off or the specific sensor 
among multiple sensors intended to turn on/off an indicating device for 
the operator.
    (c) Pay for operation prohibited. RCRS stations must not be used 
for commercial purposes. An RCRS operator must not accept direct or 
indirect payment for operating an RCRS transmitter. An RCRS operator 
may use an RCRS transmitter to help him or her provide a service and be 
paid for rendering that service, provided that the payment is only for 
the service and not for operation of the RCRS transmitter.
    (d) Limited transmission. No person shall use an RCRS station to 
transmit any message other than for the operation of devices at remote 
locations. Accordingly, the transmission of other messages by an RCRS 
operator, such as voice, telegraphy, etc. is prohibited.


Sec.  95.735  RCRS equipment certification exception.

    Notwithstanding the general requirement of Sec.  95.335, a non-
certified RCRS transmitter that transmits only in the 26-28 MHz band 
and complies with the applicable technical requirements in this subpart 
may be operated in the RCRS for the purpose of controlling a remote 
device.


Sec. Sec.  95.737-95.739  [Reserved]


Sec.  95.741  RCRS antenna height limit.

    If the antenna of a RCRS station operating on a channel in the 26-
28 MHz frequency band (whether receiving, transmitting) is installed at 
a fixed location, the highest point of the antenna must not be more 
than 6.10 meters (20 feet) higher than the highest point of the 
building or tree on which it is mounted; or 18.3 meters (60 feet) above 
the ground. RCRS station antennas must also meet the requirements in 
Sec.  95.317 regarding menaces to air navigation. See 47 CFR 95.317 and 
consult part 17 of the FCC's Rules for more information (47 CFR part 
17).


Sec.  95.743  [Reserved]


Sec.  95.745  Operation of an RCRS transmitter by remote control.

    This section sets forth the conditions under which an RCRS station 
may be operated by remote control, pursuant to the exception in Sec.  
95.345.
    (a) Wireless remote control. No person shall operate a RCRS station 
by wireless remote control.
    (b) Wired remote control. Before operating an RCRS station by wired 
remote control, the operator must obtain specific approval from the 
FCC. To obtain FCC approval, the operator must explain why wired remote 
control is needed.


Sec. Sec.  95.747-95.755  [Reserved]


Sec.  95.757  Duration of RCRS Communications.

    Communications on RCRS channels shall be limited to the minimum 
practicable time that is necessary.


Sec.  95.759  [Reserved]


Sec.  95.761  RCRS transmitter certification.

    (a) Except as provided in Sec.  95.735, each RCRS transmitter (a 
transmitter that operates or is intended to operate as a station in the 
RCRS) must be certified in accordance with this subpart and part 2 of 
this chapter.
    (b) A grant of equipment certification for the RCRS will not be 
issued for any RCRS transmitter type that fails to comply with all of 
the applicable rules in this subpart.


Sec.  95.763  RCRS channel frequencies.

    The channels listed in this section are allotted for shared use in 
the RCRS. Each RCRS channel is designated by its center frequency in 
megahertz.
    (a) 26-28 MHz frequency band. The 26-28 MHz RCRS channel center 
frequencies are 26.995, 27.045, 27.095, 27.145, 27.195 and 27.255 MHz.

[[Page 41114]]

    (b) 72 MHz frequency band. The 72 MHz RCRS channel center 
frequencies are 72.01, 72.03, 72.05, 72.07, 72.09, 72.11, 72.13, 72.15, 
72.17, 72.19, 72.21, 72.23, 72.25, 72.27, 72.29, 72.31, 72.33, 72.35, 
72.37, 72.39, 72.41, 72.43, 72.45, 72.47, 72.49, 72.51, 72.53, 72.55, 
72.57, 72.59, 72.61, 72.63, 72.65, 72.67, 72.69, 72.71, 72.73, 72.75, 
72.77, 72.79, 72.81, 72.83, 72.85, 72.87, 72.89, 72.91, 72.93, 72.95, 
72.97, and 72.99 MHz.
    (c) 75 MHz frequency band. The 75 MHz RCRS channel center 
frequencies are 75.41, 75.43, 75.45, 75.47, 75.49, 75.51, 75.53, 75.55, 
75.57, 75.59, 75.61, 75.63, 75.65, 75.67, 75.69, 75.71, 75.73, 75.75, 
75.77, 75.79, 75.81, 75.83, 75.85, 75.87, 75.89, 75.91, 75.93, 75.95, 
75.97, and 75.99 MHz.


Sec.  95.765  RCRS frequency accuracy.

    Each RCRS transmitter type must be designed to satisfy the 
frequency accuracy requirements in this section.
    (a) Each RCRS transmitter type capable of transmitting on channels 
in the 72 or 75 MHz frequency band must be designed such that the 
carrier frequencies remain within 20 parts-per-million 
(ppm) of the channel center frequencies listed in Sec.  95.763(b) and 
(c) during normal operating conditions.
    (b) Except as allowed under paragraph (c) of this section, each 
RCRS transmitter type capable of transmitting in the 26-28 MHz 
frequency band must be designed such that the carrier frequencies 
remain within 50 ppm of the channel center frequencies 
listed in Sec.  95.763(a) during normal operating conditions.
    (c) Each RCRS transmitter type that transmits in the 26-28 MHz 
frequency band with a mean transmitter power of 2.5 W or less and is 
used solely by the operator to turn on and/or off a device at a remote 
location, other than a device used solely to attract attention, must be 
designed such that the carrier frequencies remain within 100 ppm of the channel center frequencies listed in Sec.  
95.763(a) during normal operating conditions.


Sec.  95.767  RCRS transmitter power.

    Each RCRS transmitter type must be designed such that the 
transmitter power does not exceed the limits in this section.
    (a) 72 and 75 MHz frequency bands. For an RCRS transmitter 
operating in the 72 and/or 75 MHz frequency bands, the mean transmitter 
output power must not exceed 0.75 Watts.
    (b) 26-28 MHz frequency band. For an RCRS transmitter operating on 
27.255 MHz, the mean transmitter output power must not exceed 25 Watts. 
For an RCRS transmitter operating on 26.995, 27.045, 27.095, 27.145, or 
27.195 MHz, the mean transmitter output power must not exceed 4 Watts.


Sec.  95.769  [Reserved]


Sec.  95.771  RCRS emission types.

    Each RCRS transmitter type must be designed to satisfy the emission 
limitations in this section.
    (a) Permitted emission types. RCRS transmitter types may transmit 
any type of non-voice emission that is technically appropriate for 
radio control use.
    (b) Voice emissions prohibited. RCRS transmitter types must be 
incapable of transmitting telephony (voice communications).


Sec.  95.773  RCRS authorized bandwidth.

    Each RCRS transmitter type must be designed such that the occupied 
bandwidth does not exceed 8 kHz for any emission type.


Sec. Sec.  95.775-95.777  [Reserved]


Sec.  95.779  RCRS unwanted emissions.

    Each RCRS transmitter type must be designed to satisfy the 
applicable unwanted emissions limits in this paragraph.
    (a) 26-28 MHz frequency band. For an RCRS transmitter operating in 
the 26-28 MHz frequency band, the power of unwanted emissions must be 
attenuated below the transmitter output power in Watts (P) by at least:
    (1) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed 
from the channel center frequency;
    (2) 35 dB in the frequency band 8 kHz to 20 kHz removed from the 
channel center frequency;
    (3) 43 + 10 log (P) dB in any frequency band removed from the 
channel center frequency by more than 20 kHz.
    (b) 72 and 75 MHz frequency bands. For an RCRS transmitter 
operating in the 72 and/or 75 MHz frequency bands, the power of 
unwanted emissions must be attenuated below the transmitter output 
power in Watts (P) by at least:
    (1) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed 
from the channel center frequency;
    (2) 45 dB in the frequency band 8 kHz to 10 kHz removed from the 
channel center frequency;
    (3) 55 dB in the frequency band 10 kHz to 20 kHz removed from the 
channel center frequency; and
    (4) 56 + 10 log (P) dB in any frequency band removed from the 
channel center frequency by more than 20 kHz.
    (c) Measurement bandwidths. The power of unwanted emissions in the 
frequency bands specified in paragraphs (a)(1) and (2) and (b)(1) 
through (3) of this section is measured with a reference bandwidth of 
300 Hz. The power of unwanted emissions in the frequency ranges 
specified in paragraphs (a)(3) and (b)(4) of this section is measured 
with a reference bandwidth of at least 30 kHz.


Sec. Sec.  95.781-95.785  [Reserved]


Sec.  95.787  RCRS additional requirements.

    Each RCRS transmitter type must be designed to satisfy all of the 
following additional requirements:
    (a) The antenna of an RCRS station transmitting in the 72 and/or 75 
MHz frequency bands must meet the following requirements:
    (1) The antenna must be an integral part of the transmitter;
    (2) The gain of the antenna must not exceed that of a half-wave 
dipole; and
    (3) The antenna must be designed such that the electric field of 
the emitted radio waves is vertically polarized when the transmitter is 
held in the normal orientation.
    (b) Each RCRS transmitter type must be designed to transmit only on 
one or more of the channels listed in Sec.  95.763.
    (c) For RCRS transmitter types incorporating plug-in frequency-
determining modules that are intended to be changed by the operator, 
the modules must be submitted for certification together with the 
transmitter type. Each module must contain all of the frequency 
determining circuitry including the oscillator. Plug-in crystals are 
not considered modules and must not be accessible to the user.


Sec. Sec.  95.789-95.899  [Reserved]

Subpart D--CB Radio Service


Sec.  95.901  Scope.

    This subpart contains rules that apply only to the CB Radio 
Service.


Sec.  95.903  Definitions, CBRS.

    CB Radio Service (CBRS). A mobile and fixed two-way voice 
communication service for facilitating personal, business or voluntary 
public service activities, including communications to provide 
assistance to highway travelers.
    CBRS station. Any transmitter, with or without an incorporated 
antenna or receiver, which is certified by the FCC to be operated in 
the CBRS.
    Conversation. An exchange of transmissions between two CBRS 
stations.
    Wireless remote control. Operation of a CBRS station from a remote 
location using a wireless link.

[[Page 41115]]

Sec.  95.905  Authority to operate CBRS stations voided by violation of 
operating rules.

    A person's authorization to operate a CBRS station without an 
individual license pursuant to Sec.  95.305 is voided if that person 
violates any of the operating rules in this subpart, this part, or 
other parts of this chapter.


Sec. Sec.  95.907-95.917  [Reserved]


Sec.  95.919  CBRS replacement parts.

    The operator of a CBRS transmitter may replace parts of the CBRS 
transmitter as stated in this section. All other internal maintenance 
and repairs must be carried out in accordance with Sec.  95.319.
    (a) A damaged antenna on a hand-held portable CBRS transmitter may 
be replaced by another antenna of the same or a compatible similar 
type.
    (b) Batteries in a hand-held portable CBRS transmitter may be 
replaced with batteries of a type specified by the manufacturer.
    (c) A detachable external microphone may be replaced with any 
external microphone that does not alter the modulation characteristics 
in a way that results in a violation of Sec. Sec.  95.967, 95.973, 
95.975 or 95.979.
    (d) Changing plug-in modules which were certified as part of the 
CBRS transmitter.


Sec.  95.921  [Reserved]


Sec.  95.923  CBRS station inspection.

    If an authorized FCC representative requests to inspect a CBRS 
station, the operator must make the station and any station records 
available for inspection.
    (a) A CBRS station includes all of the equipment used in connection 
with that station.
    (b) Station records include the following documents, as applicable:
    (1) A copy of each response to an FCC violation notice or an FCC 
letter.
    (2) Each written permission received from the FCC.


Sec.  95.925  CBRS harmful interference.

    If harmonic or other spurious emissions result in harmful 
interference, the FCC may require appropriate technical changes in the 
CBRS station equipment to alleviate the interference, including the use 
of a low pass filter between the transmitter antenna terminals and the 
antenna feed line.


Sec.  95.927  CBRS quiet hours.

    If a CBRS station causes harmful interference to broadcast or 
communications services received by the public, and such harmful 
interference can not be eliminated by technical means (i.e., filters), 
the FCC may, by written notice to the CBRS station operator, impose 
limits on the hours of operation of the CBRS station.


Sec.  95.929  [Reserved]


Sec.  95.931  Permissible CBRS uses.

    The operator of a CBRS station may use that station to transmit 
two-way plain language voice communications to other CBRS stations and 
to other stations that are authorized to transmit on CBRS frequencies.
    (a) Emergency communications. Any CBRS channel may be used for 
emergency communications or for traveler assistance.
    (1) Operators of CBRS stations must, at all times and on all 
channels, give priority to emergency communications.
    (2) CBRS Channel 9 may be used only for emergency communications or 
traveler assistance. It must not be used for any other purpose.
    (b) One-way communications. The operator of a CBRS station may use 
that station to transmit one-way communications for the following 
purposes:
    (1) To call for help or transmit other emergency communications;
    (2) To provide warnings of hazardous road conditions to travelers;
    (3) To make brief test transmissions (``radio checks''); or,
    (4) To transmit voice paging.
    (c) Travelers assistance communications. The operator of a CBRS 
station may transmit communications necessary to assist a traveler to 
reach a destination or to receive necessary services.


Sec.  95.933  Prohibited CBRS uses.

    In addition to the prohibited uses set forth in Sec.  95.333, the 
operator of a CBRS station must not use a CBRS station:
    (a) To transmit one-way communications other than those permitted 
in Sec.  95.931(b) (transmissions to seek to initiate two-way 
communications with another station are not considered to be one-way 
communications);
    (b) To advertise or solicit the sale of any goods or services;
    (c) To advertise a political candidate or political campaign (a 
CBRS station may be used for the business or organizational aspects of 
a campaign);
    (d) To communicate with stations in other countries, except General 
Radio Service stations in Canada;
    (e) To transmit communications for live or delayed broadcast on a 
radio or television broadcast station (a CBRS station may be used to 
gather news items or to prepare programs);
    (f) To transmit music, whistling, sound effects or any other audio 
material to amuse or entertain; or
    (g) To transmit any sound effects solely to attract attention.


Sec.  95.935  Unauthorized use of non-CBRS transmitters.

    The operator of a CBRS station must not use a non-CBRS transmitter 
to communicate with or attempt to communicate with stations in the 
CBRS.
    (a) Non-CBRS transmitters. For the purposes of this section, ``non-
CBRS transmitters'' are transmitters that are technically capable of 
operation in the 26-30 MHz frequency range, but are intended for use in 
the Amateur Radio Service (see part 97 of this chapter) or other 
government or non-government radio services, and are not certified for 
use in the CBRS.
    (b) Unlicensed operation. The operation of non-CBRS transmitters on 
the CBRS channels is not authorized by Sec.  95.305 of this part. 
Accordingly, the FCC considers any such operation to be a violation of 
section 301 of the Communications Act (47 U.S.C. 301).


Sec.  95.937  [Reserved]


Sec.  95.939  External radio frequency power amplifiers prohibited.

    The operator of a CBRS station must not use an external radio 
frequency power amplifier to increase the transmitting power of that 
CBRS station under any circumstances. There are no exceptions to this 
rule.
    (a) The FCC will presume that the operator of a CBRS station has 
used an external radio frequency power amplifier in violation of this 
section if it is in the operator's possession or on the operator's 
premises and there is other evidence that the CBRS station has been 
operated with more transmitting power than allowed by Sec.  95.967.
    (b) The operator of a CBRS station must not attach an external 
radio frequency power amplifier to a certified CBRS transmitter.


Sec.  95.941  CBRS antenna height limits.

    The operator of a CBRS station must ensure that the transmitting 
antenna for the station is not higher than 18.3 meters (60 feet) above 
the ground, or 6.1 meters (20 feet) higher than the highest point of 
the building or tree on which it is mounted, whichever is higher. CBRS 
station antennas must also meet the requirements in Sec.  95.317 
regarding menaces to air navigation. See Sec.  95.317 and consult part 
17 of the FCC's Rules for more information.

[[Page 41116]]

Sec.  95.943  [Reserved]


Sec.  95.945  Remote control of a CBRS station.

    This section sets forth the conditions under which a CBRS station 
may be operated by remote control, pursuant to the exception in Sec.  
95.345. Operation of a CBRS station using a hands-free or other type of 
cordless microphone or headset authorized under part 15 is not 
considered to be remote control.
    (a) Wireless remote control. No person shall operate a CBRS station 
by wireless remote control.
    (b) Wired remote control. Before operating an CBRS station by wired 
remote control, the operator must obtain specific approval from the 
FCC. To obtain FCC approval, the operator must explain why wired remote 
control is needed. See Sec.  95.329 regarding contacting the FCC.


Sec.  95.947  [Reserved]


Sec.  95.949  CBRS network connection.

    A CBRS station may be connected, acoustically or electrically, to 
the public switched network, subject to the rules in this section. The 
purpose of this is to allow operators of other CBRS stations to speak 
to and hear individuals on the telephone through the connected CBRS 
station.
    (a) The operator of the connected CBRS station must:
    (1) Manually make the connection;
    (2) Continue to control the station while it is connected;
    (3) Listen to each conversation during the connection; and
    (4) Stop transmissions immediately if any violation of the CBRS 
rules occurs.
    (b) If a CBRS station is directly (electrically) connected to the 
public switched network, the connection, including the interface device 
used, must be in full compliance with all applicable rules in part 68 
of this chapter.


Sec.  95.957  Duration of CBRS Transmissions.

    (a) Except as specified in (b) and (c) of this section, the 
operator of a CBRS station must limit each on-air conversation with the 
operators of other CBRS stations to no more than five minutes. After an 
on-air conversation has ended, the operator of a CBRS station must not 
transmit again on the same channel for at least one minute.
    (b) When a CBRS operator is directly participating in emergency 
communications, it does not have to comply with paragraph (a) of this 
section regarding length of transmissions and pauses between 
transmissions. However, the operator must obey all other rules.
    (c) When an operator is using its CBRS station to assist a 
traveler, it does not have to comply with paragraph (a) of this section 
regarding length of transmissions and pauses between transmissions. 
However, the operator must obey all other rules.


Sec.  95.959  [Reserved]


Sec.  95.961  CBRS transmitter certification.

    (a) Each CBRS transmitter (a transmitter that operates or is 
intended to operate at a station in the CBRS) must be certified in 
accordance with this subpart and part 2 of this chapter.
    (b) A grant of equipment certification for the CBRS will not be 
issued for any CBRS transmitter type that fails to comply with all of 
the applicable rules in this subpart.


Sec.  95.963  CBRS channel frequencies.

    The channels listed in this section are allotted for shared use in 
the CBRS. Each CBRS channel is designated by its center frequency in 
Megahertz (MHz).

------------------------------------------------------------------------
                                                                Center
                      CBRS channel No.                        frequency
                                                                (MHz)
------------------------------------------------------------------------
1..........................................................       26.965
2..........................................................       26.975
3..........................................................       26.985
4..........................................................       27.005
5..........................................................       27.015
6..........................................................       27.025
7..........................................................       27.035
8..........................................................       27.055
9..........................................................       27.065
10.........................................................       27.075
11.........................................................       27.085
12.........................................................       27.105
13.........................................................       27.115
14.........................................................       27.125
15.........................................................       27.135
16.........................................................       27.155
17.........................................................       27.165
18.........................................................       27.175
19.........................................................       27.185
20.........................................................       27.205
21.........................................................       27.215
22.........................................................       27.225
23.........................................................       27.255
24.........................................................       27.235
25.........................................................       27.245
26.........................................................       27.265
27.........................................................       27.275
28.........................................................       27.285
29.........................................................       27.295
30.........................................................       27.305
31.........................................................       27.315
32.........................................................       27.325
33.........................................................       27.335
34.........................................................       27.345
35.........................................................       27.355
36.........................................................       27.365
37.........................................................       27.375
38.........................................................       27.385
39.........................................................       27.395
40.........................................................       27.405
------------------------------------------------------------------------

Sec.  95.965  CBRS transmit frequency accuracy.

    Each CBRS transmitter type must be designed such that the transmit 
carrier frequency (or in the case of SSB transmissions, the reference 
frequency) remains within 50 parts-per-million of the channel center 
frequencies specified in Sec.  95.963 under all normal operating 
conditions.


Sec.  95.967  CBRS transmitter power limits.

    Each CBRS transmitter type must be designed such that the 
transmitter power can not exceed the following limits:
    (a) When transmitting amplitude modulated (AM) voice signals, the 
mean carrier power must not exceed 4 Watts.
    (b) When transmitting single sideband (SSB) voice signals, the peak 
envelope power must not exceed 12 Watts.


Sec.  95.971  CBRS emission types.

    Each CBRS transmitter type must be designed such that its 
capabilities are in compliance with the emission type rules in this 
section.
    (a) Permitted emission types. CBRS transmitter types may transmit 
only AM voice emission type A3E and SSB voice emission types J3E, R3E, 
or H3E.
    (b) SSB requirements. Each CBRS transmitter type that transmits 
emission type J3E, R3E, or H3E must be capable of transmitting only the 
upper sideband with suppressed, reduced or full carrier, respectively, 
but may additionally be capable of transmitting only the lower 
sideband, with suppressed, reduced or full carrier, respectively.


Sec.  95.973  CBRS authorized bandwidth.

    Each CBRS transmitter type must be designed such that the occupied 
bandwidth does not exceed the authorized bandwidth for the emission 
type under test.
    (a) AM. The authorized bandwidth for emission type A3E is 8 kHz.
    (b) SSB. The authorized bandwidth for emission types J3E, R3E, and 
H3E is 4 kHz.


Sec.  95.975  CBRS modulation limits.

    Each CBRS transmitter type must be designed such that the 
modulation characteristics are in compliance with the rules in this 
section.
    (a) When emission type A3E is transmitted with voice modulation, 
the modulation percentage must be at least 85%, but not more than 100%.
    (b) When emission type A3E is transmitted by a CBRS transmitter 
having a transmitter output power of more than 2.5 W, the transmitter 
must contain a circuit that automatically prevents the modulation 
percentage from exceeding 100%.

[[Page 41117]]

Sec.  95.977  CBRS tone transmissions.

    In addition to the tones permitted under Sec.  95.377, CBRS 
transmitter types may be designed to transmit brief tones to indicate 
the beginning or end of a transmission.


Sec.  95.979  CBRS unwanted emissions limits.

    Each CBRS transmitter type must be designed to comply with the 
applicable unwanted emissions limits in this section.
    (a) Attenuation requirements. The power of unwanted emissions must 
be attenuated below the transmitter output power in Watts (P) as 
specified in the applicable paragraphs listed in the following table:

------------------------------------------------------------------------
               Emission type                          Paragraph
------------------------------------------------------------------------
A3E.......................................  (1), (3), (5), (6)
H3E, J3E, R3E.............................  (2), (4), (5), (6)
------------------------------------------------------------------------

    (1) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed 
from the channel center frequency;
    (2) 25 dB in the frequency band 2 kHz to 6 kHz removed from the 
channel center frequency;
    (3) 35 dB in the frequency band 8 kHz to 20 kHz removed from the 
channel center frequency;
    (4) 35 dB in the frequency band 6 kHz to 10 kHz removed from the 
channel center frequency;
    (5) 53 + 10 log (P) dB in any frequency band removed from the 
channel center frequency by more than 250% of the authorized bandwidth.
    (6) 60 dB in any frequency band centered on a harmonic (i.e., an 
integer multiple of two or more times) of the carrier frequency.
    (b) Measurement bandwidths. The power of unwanted emissions in the 
frequency bands specified in paragraphs (a)(1) through (4) of this 
section is measured with a reference bandwidth of 300 Hz. The power of 
unwanted emissions in the frequency ranges specified in paragraphs 
(a)(5) and (6) of this section is measured with a reference bandwidth 
of at least 30 kHz.
    (c) Measurement conditions and procedures. Subject to additional 
measurement standards and procedures established pursuant to part 2, 
subpart J, the following conditions and procedures must be used.
    (1) The unwanted emissions limits requirements in this section must 
be met both with and without the connection of permitted attachments, 
such as external speakers, microphones, power cords and/or antennas.
    (2) Either mean power output or peak envelope power output may be 
used for measurements, as appropriate for the emission type under test, 
provided that the same type of power measurement is used for both the 
transmitter output power and the power of the unwanted emissions.


Sec. Sec.  95.981-95.985  [Reserved]


Sec.  95.987  CBRS additional requirements.

    Each CBRS transmitter type must be designed to satisfy all of the 
additional requirements in this section.
    (a) Transmit frequency capability. Each CBRS transmitter type must 
be designed to transmit only on one or more of the channels listed in 
Sec.  95.963. No CBRS transmitter type will be certified for use in the 
CBRS service if it is capable of transmitting on any frequency or 
channel other than those listed in Sec.  95.963, unless such 
transmitter type is also certified for use in another radio service for 
which the frequency capability is authorized and for which FCC 
certification is also required.
    (b) Frequency determining circuitry. All frequency determining 
circuitry (including crystals) and programming controls in each CBRS 
transmitter type must be internal to the transmitter and must not be 
accessible from the operating panel or from the exterior of the 
transmitter enclosure.
    (c) Final amplifier component ratings. The dissipation rating of 
all the semiconductors or electron tubes which supply RF power to the 
antenna terminals of each CB transmitter must not exceed 10 Watts. For 
semiconductors, the dissipation rating is the greater of the collector 
or device dissipation value established by the manufacturer of the 
semiconductor. These values may be temperature de-rated by no more than 
50 [deg]C. For an electron tube, the dissipation rating is the 
Intermittent Commercial and Amateur Service plate dissipation value 
established by the manufacturer of the electron tube.
    (d) External controls. Only the external transmitter controls, 
connections or devices listed in this paragraph are allowed to be 
incorporated in a CBRS transmitter type. The FCC, however, may 
authorize additional controls, connections or devices after considering 
the functions to be performed by such additions.
    (1) Primary power connection. External power supplies may be used.
    (2) Microphone connection.
    (3) Antenna connection.
    (4) Headphone and speaker output connections and related selector 
switch.
    (5) On-off switch for primary power to the transmitter. This switch 
may be combined with receiver controls such as the receiver on-off 
switch and volume control.
    (6) Upper/lower sideband selector switch (for a transmitter that is 
capable of transmitting SSB emissions).
    (7) Carrier level selector control (for a transmitter that is 
capable of transmitting SSB emissions). This control may be combined 
with the sideband selector switch.
    (8) Channel selector switch.
    (9) Transmit/receive selector switch.
    (10) Meter(s) and selector switch(es) for monitoring transmitter 
performance.
    (11) Pilot lamp(s), meter(s), light emitting diodes, liquid crystal 
devices or other types of visual display devices to indicate the 
presence of RF output power or that the transmitter control circuits 
are activated to transmit.


Sec.  95.989  [Reserved]


Sec.  95.991  CBRS marketing limitations.

    Marketing of devices that could be used with CBRS stations 
resulting in violation of the rules in this part is prohibited.
    (a) External radio frequency power amplifiers. No person shall 
manufacture, import, sell or offer for sale any external radio 
frequency power amplifier capable of operation below 144 MHz and 
intended for use in the CBRS. See Sec.  2.815 of this chapter.
    (b) External frequency determining devices. No person shall 
manufacture, import, sell or offer for sale, any add-on device, whether 
internal or external, the function of which is to extend the 
transmitting frequency capability of a CBRS transmitter beyond that 
allowed by Sec. Sec.  95.963 and 95.965.


Sec. Sec.  95.993-95.1699  [Reserved]

Subpart E--General Mobile Radio Service


Sec.  95.1701  Scope.

    This subpart contains rules that apply only to the General Mobile 
Radio Service (GMRS).


Sec.  95.1703  Definitions, GMRS.

    General Mobile Radio Service (GMRS). A mobile two-way voice 
communication service, with limited data applications, for facilitating 
activities of individual licensees and their family members, including, 
but not limited to, voluntary provision of assistance to the public 
during emergencies and natural disasters.
    Grandfathered GMRS license. A GMRS license held by a non-individual 
person (i.e., a partnership, corporation, association or governmental 
unit) as a result of renewals of a GMRS license issued prior to July 
31, 1987.

[[Page 41118]]

Sec.  95.1705  Individual licenses required; eligibility; who may 
operate; cooperative use.

    A valid individual license is required to operate a GMRS station. 
To obtain an individual license, an applicant must be eligible and 
follow the applicable rules and procedures set forth in this subpart 
and in part 1 of this chapter, and must pay the required application 
and regulatory fees as set forth in part 1, subpart G of this chapter.
    (a) Eligibility. This paragraph contains eligibility requirements 
for individual licenses in the GMRS.
    (1) Only an individual who is at least 18 years old and who meets 
the requirements of Sec.  95.305 is eligible to obtain a new individual 
GMRS license.
    (2) Any person that holds a valid individual license is eligible to 
obtain a renewed license, or a modified license to reflect a change of 
name or address.
    (b) Individual licensee responsibility. The holder of an individual 
license to operate GMRS stations is responsible at all times for the 
proper operation of the stations in compliance with all applicable 
rules in this part.
    (c) Individuals who may operate a GMRS station. This paragraph 
establishes who may operate a GMRS station under the authority of an 
individual license.
    (1) Any individual who holds an individual license may operate his 
or her GMRS stations.
    (2) Any individual who holds an individual license may allow his or 
her immediate family members to operate his or her GMRS station or 
stations. Immediate family members are the licensee's spouse, children, 
grandchildren, stepchildren, parents, grandparents, stepparents, 
brothers, sisters, aunts, uncles, nieces, nephews, and in-laws.
    (3) Any individual who holds an individual license may allow anyone 
to operate his or her GMRS station if necessary to communicate an 
emergency message.
    (4) Any non-individual person that holds a grandfathered GMRS 
license may allow individuals to operate its grandfathered GMRS 
station(s) only in accordance with the following paragraphs:
    (i) A partnership may allow its partners and employees to operate 
its GMRS station(s).
    (ii) A corporation may allow its officers, directors, members and 
employees to operate its GMRS station(s).
    (iii) An association may allow its members and employees to operate 
its GMRS station(s).
    (iv) A governmental unit may allow its employees to operate its 
GMRS station(s).
    (d) Individual licensee duties. The holder of an individual 
license:
    (1) Shall determine specifically which individuals, including 
family members, are allowed to operate (i.e., exercise operational 
control over) its GMRS station(s) (see paragraph (c) of this section);
    (2) May allow any person to use (i.e., benefit from the operation 
of) its GMRS repeater, or alternatively, may limit the use of its GMRS 
repeater to specific persons;
    (3) May disallow the use of its GMRS repeater by specific persons 
as may be necessary to carry out its responsibilities under this 
section.
    (e) Individual license term. Each individual license in the GMRS 
will normally have a term of ten years from the date of grant or 
renewal, and may be renewed pursuant to the procedures in part 1 of 
this chapter. The FCC may grant a shorter license term at renewal as a 
sanction for violation of the FCC rules.
    (f) Cooperative use of GMRS stations. GMRS licensees may share the 
use of their stations with other persons eligible in the GMRS, subject 
to the conditions and limitations in this paragraph.
    (1) The GMRS station to be shared must be individually owned by the 
licensee, jointly owned by the participants and the licensee, leased 
individually by the licensee, or leased jointly by the participants and 
the licensee.
    (2) The licensee must maintain access to and control over all 
stations authorized under its license.
    (3) A station may be shared only:
    (i) Without charge;
    (ii) On a non-profit basis, with contributions to capital and 
operating expenses including the cost of mobile stations and paging 
receivers prorated equitably among all participants; or
    (iii) On a reciprocal basis, i.e., use of one licensee's stations 
for the use of another licensee's stations without charge for either 
capital or operating expenses.
    (4) All sharing arrangements must be conducted in accordance with a 
written agreement to be kept as part of the station records.
    (g) Limitations on grandfathered GMRS licenses. GMRS licenses that 
were issued prior to July 31, 1987 authorized GMRS station operation at 
specified locations, on specified channels, and with specified antenna 
height and transmitter power. Grandfathered GMRS licenses authorize 
only continued operation of those specific stations by these licensees, 
at the specified locations, channels, antenna heights and transmitting 
power. The FCC does not accept applications to modify, assign, or 
transfer grandfathered GMRS licenses (other than administrative updates 
to change contact information).


Sec. Sec.  95.1707-95.1721  [Reserved]


Sec.  95.1723  GMRS station inspection.

    If an authorized FCC representative requests to inspect a GMRS 
station, the operator must make the station and any station records 
available for inspection.
    (a) A GMRS station includes all of the equipment used in connection 
with that station.
    (b) Station records include the following documents, as applicable:
    (1) A copy of each response to an FCC violation notice or an FCC 
letter.
    (2) Each written permission received from the FCC.
    (3) Any written agreement regarding sharing arrangements pursuant 
to Sec.  95.1705(f)(4) of this part.


Sec. Sec.  95.1725-95.1729  [Reserved]


Sec.  95.1731  Permissible GMRS uses.

    The operator of a GMRS station may use that station for two-way 
plain language voice communications with other GMRS stations and with 
FRS units concerning personal or business activities.
    (a) Emergency communications. Any GMRS channel may be used for 
emergency communications or for traveler assistance. Operators of GMRS 
stations must, at all times and on all channels, give priority to 
emergency communications.
    (b) One-way communications. The operator of a GMRS station may use 
that station to transmit one-way communications:
    (1) To call for help or transmit other emergency communications;
    (2) To provide warnings of hazardous road conditions to travelers; 
or,
    (3) To make brief test transmissions.
    (c) Travelers assistance. The operator of a GMRS station may 
transmit communications necessary to assist a traveler to reach a 
destination or to receive necessary services.
    (d) Digital data. GMRS hand-held portable units may transmit 
digital data containing location information, or requesting location 
information from one or more other GMRS or FRS units, or containing a 
brief text message to another specific GMRS or FRS unit.


Sec.  95.1733  Prohibited GMRS uses.

    (a) In addition to the prohibited uses outlined in Sec.  95.333 of 
this chapter, GMRS stations must not communicate:

[[Page 41119]]

    (1) Messages in connection with any activity which is against 
Federal, State, or local law;
    (2) False or deceptive messages;
    (3) Coded messages or messages with hidden meanings (``10 codes'' 
are permissible);
    (4) Music, whistling, sound effects or material to amuse or 
entertain;
    (5) Advertisements or offers for the sale of goods or services;
    (6) Advertisements for a political candidate or political campaign 
(messages about the campaign business may be communicated);
    (7) International distress signals, such as the word ``Mayday'' 
(except when on a ship, aircraft or other vehicle in immediate danger 
to ask for help);
    (8) Messages which are both conveyed by a wireline control link and 
transmitted by a GMRS station;
    (9) Messages (except emergency messages) to any station in the 
Amateur Radio Service, to any unauthorized station, or to any foreign 
station;
    (10) Continuous or uninterrupted transmissions, except for 
communications involving the immediate safety of life or property; and
    (11) Messages for public address systems.
    (12) The provision of Sec.  95.333 apply, however, if the licensee 
is a corporation and the license so indicates, it may use its GMRS 
system to furnish non-profit radio communication service to its parent 
corporation, to another subsidiary of the same parent, or to its own 
subsidiary.
    (b) GMRS stations must not be used for one-way communications other 
than those listed in Sec.  95.1731(b). Initial transmissions to 
establish two-way communications and data transmissions listed in Sec.  
95.1731(d) are not considered to be one-way communications for the 
purposes of this section.


Sec. Sec.  95.1735-95.1739  [Reserved]


Sec.  95.1741  GMRS antenna height limits.

    GMRS station antennas must meet the requirements in Sec.  95.317 
regarding menaces to air navigation. See Sec.  95.317 and consult part 
17 of the FCC's Rules for more information (47 CFR part 17).


Sec.  95.1743  Minor GMRS operators.

    Operators under the age of 18 will not be held personally 
responsible, pursuant to Sec.  95.343, for improper operation of a GMRS 
repeater or base station. The holder of the individual license under 
which the minor operates is solely responsible for any improper 
operation that occurs while an individual under the age of 18 is 
operating the station.


Sec.  95.1745  GMRS remote control.

    Notwithstanding the prohibition in Sec.  95.345, GMRS repeater, 
base and fixed stations may be operated by remote control.


Sec.  95.1747  GMRS automatic control.

    Notwithstanding the prohibition in Sec.  95.347, GMRS repeater 
stations may be operated by automatic control.


Sec.  95.1749  GMRS network connection.

    Operation of a GMRS station with a telephone connection is 
prohibited, as in Sec.  95.349. GMRS repeater, base and fixed stations, 
however, may be connected to the public switched network or other 
networks for the sole purpose of operation by remote control pursuant 
to Sec.  95.1745.


Sec.  95.1751  GMRS station identification.

    Each GMRS station must be identified by transmission of its FCC-
assigned call sign at the end of transmissions and at periodic 
intervals during transmissions except as provided in paragraph (c) of 
this section. A unit number may be included after the call sign in the 
identification.
    (a) The GMRS station call sign must be transmitted:
    (1) Following a single transmission or a series of transmissions; 
and,
    (2) After 15 minutes and at least once every 15 minutes thereafter 
during a series of transmissions lasting more than 15 minutes.
    (b) The call sign must be transmitted using voice in the English 
language or international Morse code telegraphy using an audible tone.
    (c) Any GMRS repeater station is not required to transmit station 
identification if:
    (1) It retransmits only communications from GMRS stations operating 
under authority of the individual license under which it operates; and,
    (2) The GMRS stations whose communications are retransmitted are 
properly identified in accordance with this section.


Sec. Sec.  95.1753-95.1559  [Reserved]


Sec.  95.1761  GMRS transmitter certification.

    (a) Each GMRS transmitter (a transmitter that operates or is 
intended to operate in the GMRS) must be certified in accordance with 
this subpart and part 2 of this chapter.
    (b) A grant of equipment certification for the GMRS will not be 
issued for any GMRS transmitter type that fails to comply with the 
applicable rules in this subpart.
    (c) No GMRS transmitter will be certified for use in the GMRS if it 
is equipped with a frequency capability not listed in Sec.  95.1763, 
unless such transmitter is also certified for use in another radio 
service for which the frequency is authorized and for which 
certification is also required. No GMRS transmitter will be certified 
for use in the GMRS if it is equipped with the capabilities to operate 
in services that do not require equipment certification, such as the 
Amateur Radio Service. All frequency determining circuitry (including 
crystals) and programming controls in each GMRS transmitter must be 
internal to the transmitter and must not be accessible from the 
exterior of the transmitter operating panel or from the exterior of the 
transmitter enclosure.
    (d) Effective December 27, 2017, the Commission will no longer 
issue a grant of equipment authorization for hand-held portable unit 
transmitter types under both this subpart (GMRS) and subpart B of this 
part (FRS).
    (e) Effective December 27, 2017, the Commission will no longer 
issue a grant of equipment authorization under this subpart (GMRS) for 
hand-held portable units if such units meet the requirements to be 
certified under subpart B of this part (FRS).


Sec.  95.1763  GMRS channels.

    The GMRS is allotted 30 channels--16 main channels and 14 
interstitial channels. GMRS stations may transmit on any of the 
channels as indicated below.
    (a) 462 MHz main channels. Only mobile, hand-held portable, 
repeater, base and fixed stations may transmit on these 8 channels. The 
channel center frequencies are: 462.5500, 462.5750, 462.6000, 462.6250, 
462.6500, 462.6750, 462.7000, and 462.7250 MHz.
    (b) 462 MHz interstitial channels. Only mobile, hand-held portable 
and base stations may transmit on these 7 channels. The channel center 
frequencies are: 462.5625, 462.5875, 462.6125, 462.6375, 462.6625, 
462.6875, and 462.7125 MHz.
    (c) 467 MHz main channels. Only mobile, hand-held portable, control 
and fixed stations may transmit on these 8 channels. Mobile, hand-held 
portable and control stations may transmit on these channels only when 
communicating through a repeater station or making brief test 
transmissions in accordance with Sec.  95.319(c). The channel center 
frequencies are: 467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 
467.6750, 467.7000, and 467.7250 MHz.
    (d) 467 MHz interstitial channels. Only hand-held portable units 
may transmit on these 7 channels. The channel center frequencies are:

[[Page 41120]]

467.5675, 467.5875, 467.6125, 467.6375, 467.6625, 467.6875, and 
467.7125 MHz.


Sec.  95.1765  GMRS frequency accuracy.

    Each GMRS transmitter type must be designed to comply with the 
frequency accuracy requirements in this section under normal operating 
conditions. Operators of GMRS stations must also ensure compliance with 
these requirements.
    (a) The carrier frequency of each GMRS transmitter transmitting an 
emission with an occupied bandwidth greater than 12.5 kHz must remain 
within 5 parts-per-million (ppm) of the channel center frequencies 
listed in Sec.  95.1763 under normal operating conditions.
    (b) The carrier frequency of each GMRS transmitter transmitting an 
emission with an occupied bandwidth of 12.5 kHz or less must remain 
within 2.5 ppm of the channel center frequencies listed in Sec.  
95.1763 under normal operating conditions.


Sec.  95.1767  GMRS transmitting power limits.

    This section contains transmitting power limits for GMRS stations. 
The maximum transmitting power depends on which channels are being used 
and the type of station.
    (a) 462/467 MHz main channels. The limits in this paragraph apply 
to stations transmitting on any of the 462 MHz main channels or any of 
the 467 MHz main channels. Each GMRS transmitter type must be capable 
of operating within the allowable power range. GMRS licensees are 
responsible for ensuring that their GMRS stations operate in compliance 
with these limits.
    (1) The transmitter output power of mobile, repeater and base 
stations must not exceed 50 Watts.
    (2) The transmitter output power of fixed stations must not exceed 
15 Watts.
    (b) 462 MHz interstitial channels. The effective radiated power 
(ERP) of mobile, hand-held portable and base stations transmitting on 
the 462 MHz interstitial channels must not exceed 5 Watts.
    (c) 467 MHz interstitial channels. The effective radiated power 
(ERP) of hand-held portable units transmitting on the 467 MHz 
interstitial channels must not exceed 0.5 Watt. Each GMRS transmitter 
type capable of transmitting on these channels must be designed such 
that the ERP does not exceed 0.5 Watt.


Sec.  95.1769  [Reserved]


Sec.  95.1771  GMRS emission types.

    Each GMRS transmitter type must be designed to satisfy the emission 
capability rules in this section. Operation of GMRS stations must also 
be in compliance with these rules.
    (a) Each GMRS transmitter type must have the capability to transmit 
F3E or G3E emissions.
    (b) Only emission types A1D, F1D, G1D, H1D, J1D, R1D, A3E, F3E, 
G3E, H3E, J3E, R3E, F2D, and G2D are authorized for use in the GMRS. 
Equipment for which certification is sought under this subpart may have 
capabilities to transmit other emission types intended for use in other 
services, provided that these emission types can be deactivated when 
the equipment is used in the GMRS.


Sec.  95.1773  GMRS authorized bandwidths.

    Each GMRS transmitter type must be designed such that the occupied 
bandwidth does not exceed the authorized bandwidth for the channels 
used. Operation of GMRS stations must also be in compliance with these 
requirements.
    (a) Main channels. The authorized bandwidth is 20 kHz for GMRS 
transmitters operating on any of the 462 MHz main channels (see Sec.  
95.1763(a)) or any of the 467 MHz main channels (see Sec.  95.1763(c)).
    (b) Interstitial channels. The authorized bandwidth is 20 kHz for 
GMRS transmitters operating on any of the 462 MHz interstitial channels 
(see Sec.  95.1763(b)) and is 12.5 kHz for GMRS transmitters operating 
on any of the 467 MHz interstitial channels (see Sec.  95.1763(d)).
    (c) Digital data transmissions. Digital data transmissions are 
limited to the 462 MHz main channels and interstitial channels in the 
462 MHz and 467 MHz bands.


Sec.  95.1775  GMRS modulation requirements.

    Each GMRS transmitter type must be designed to satisfy the 
modulation requirements in this section. Operation of GMRS stations 
must also be in compliance with these requirements.
    (a) Main channels. The peak frequency deviation for emissions to be 
transmitted on the main channels must not exceed  5 kHz.
    (b) 462 MHz interstitial channels. The peak frequency deviation for 
emissions to be transmitted on the 462 MHz interstitial channels must 
not exceed  5 kHz.
    (c) 467 MHz interstitial channels. The peak frequency deviation for 
emissions to be transmitted on the 467 MHz interstitial channels must 
not exceed  2.5 kHz, and the highest audio frequency 
contributing substantially to modulation must not exceed 3.125 kHz.
    (d) Overmodulation. Each GMRS transmitter type, except for a mobile 
station transmitter type with a transmitter power output of 2.5 W or 
less, must automatically prevent a higher than normal audio level from 
causing overmodulation.
    (e) Audio filter. Each GMRS transmitter type must include audio 
frequency low pass filtering, unless it complies with the applicable 
paragraphs of Sec.  95.1779 (without filtering).
    (1) The filter must be between the modulation limiter and the 
modulated stage of the transmitter.
    (2) At any frequency (f in kHz) between 3 and 20 kHz, the filter 
must have an attenuation of at least 60 log (f/3) dB more than the 
attenuation at 1 kHz. Above 20 kHz, it must have an attenuation of at 
least 50 dB more than the attenuation at 1 kHz.


Sec.  95.1777  GMRS tone transmissions.

    In addition to audible and subaudible tones used for receiver 
squelch activation and selective calling, to establish or maintain 
communications with specific stations or to access repeater stations 
(see Sec.  95.377), GMRS transmitters may also transmit audio tones for 
station identification (see Sec.  95.1751).


Sec.  95.1779  GMRS unwanted emissions limits.

    Each GMRS transmitter type must be designed to comply with the 
applicable unwanted emissions limits in this section.
    (a) Emission masks. Emission masks applicable to transmitting 
equipment in the GMRS are defined by the requirements in the following 
table. The numbers in the attenuation requirements column refer to rule 
paragraph numbers under paragraph (b) of this section.

------------------------------------------------------------------------
                                                           Attenuation
                 Emission types filter                     requirements
------------------------------------------------------------------------
A1D, A3E, F1D, G1D, F2D, F3E, G3E with audio filter....    (1), (2), (7)
A1D, A3E, F1D, G1D, F3E, G3E without audio filter......    (3), (4), (7)
H1D, J1D, R1D, H3E, J3E, R2E...........................    (5), (6), (7)
------------------------------------------------------------------------

    (1) Filtering noted for GMRS transmitters refers to the requirement 
in Sec.  95.1775(e).
    (2) Unwanted emission power may be measured as either mean power or 
peak envelope power, provided that the transmitter output power is 
measured the same way.
    (b) Attenuation requirements. The power of unwanted emissions must 
be attenuated below the transmitter output power in Watts (P) by at 
least:
    (1) 25 dB (decibels) on any frequency removed from the center of 
the

[[Page 41121]]

authorized bandwidth by more than 50% up to and including 100% of the 
authorized bandwidth.
    (2) 35 dB on any frequency removed from the center of the 
authorized bandwidth by more than 100% up to and including 250% of the 
authorized bandwidth.
    (3) 83 log (fd / 5) dB on any frequency removed from the 
center of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 5 kHz up to and including 10 kHz.
    (4) 116 log (fd / 6.1) dB or 50 + 10 log (P) dB, 
whichever is the lesser attenuation, on any frequency removed from the 
center of the authorized bandwidth by a displacement frequency 
(fd in kHz), of more than 10 kHz up to and including 250% of 
the authorized bandwidth.
    (5) 25 dB on any frequency removed from the center of the 
authorized bandwidth by more than 50% up to and including 150% of the 
authorized bandwidth.
    (6) 35 dB on any frequency removed from the center of the 
authorized bandwidth by more than 150% up to and including 250% of the 
authorized bandwidth.
    (7) 43 + 10 log (P) dB on any frequency removed from the center of 
the authorized bandwidth by more than 250%.
    (c) Measurement bandwidths. The power of unwanted emissions in the 
frequency bands specified in paragraphs (b)(1) through (4) of this 
section is measured with a reference bandwidth of 300 Hz. The power of 
unwanted emissions in the frequency range specified in paragraph (b)(5) 
of this section is measured with a reference bandwidth of at least 30 
kHz.
    (d) Measurement conditions. The requirements in this section apply 
to each GMRS transmitter type both with and without the connection of 
permitted attachments, such as an external speaker, microphone, power 
cord and/or antenna.


Sec.  Sec.  95.1781-95.1785  [Reserved]


Sec.  95.1787  GMRS additional requirements.

    Each hand-held portable unit transmitter type submitted for 
certification under this subpart is subject to the rules in this 
section.
    (a) Digital data transmissions. GMRS hand-held portable units that 
have the capability to transmit digital data must be designed to meet 
the following requirements.
    (1) Digital data transmissions must only be initiated by a manual 
action by the operator, except that GMRS units may automatically 
respond with location data upon receiving an interrogation request from 
another GMRS or FRS unit.
    (2) Digital data transmissions must not exceed one second in 
duration.
    (3) Digital data transmissions must not be sent more frequently 
than one digital data transmission within a thirty-second period, 
except that a GMRS unit may automatically respond to more than one 
interrogation request received within a thirty-second period.
    (4) The antenna must be a non-removable integral part of the GMRS 
unit.
    (5) GMRS units must not be capable of transmitting digital data on 
the 467 MHz main channels.
    (b) [Reserved]


Sec.  95.1789  [Reserved]


Sec.  95.1791  Sales of GMRS/FRS combination radios prohibited.

    (a) Effective September 30, 2019, no person shall be permitted to 
manufacture or import, sell or offer for sale any radio equipment 
capable of operating under both this subpart (GMRS) and subpart B (FRS) 
of this chapter.


Sec.  Sec.  95.1793-95.1899  [Reserved]

Subpart F--218-219 MHz Service


Sec.  95.1901  Scope.

    This subpart sets out the regulations governing the licensing and 
operation of a 218-219 MHz system. This subpart supplements part 1, 
subpart F of this chapter, which establishes the requirements and 
conditions under which commercial and private radio stations may be 
licensed and used in the Wireless Telecommunications Services. The 
provisions of this subpart contain additional pertinent information for 
current and prospective licensees specific to the 218-219 MHz Service.


Sec.  95.1903  218-219 MHz Service description.

    (a) The 218-219 MHz Service is authorized for system licensees to 
provide communication service to subscribers in a specific service 
area.
    (b) The components of each 218-219 MHz Service system are its 
administrative apparatus, its response transmitter units (RTUs), and 
one or more cell transmitter stations (CTSs). RTUs may be used in any 
location within the service area. CTSs provide service from a fixed 
point, and certain CTSs must be individually licensed as part of a 218-
219 MHz Service system. See Sec.  95.1911.
    (c) Each 218-219 MHz Service system service area is one of the 
cellular system service areas as defined by the Commission, unless 
modified pursuant to Sec.  95.1923.


Sec.  95.1905  Permissible communications.

    A 218-219 MHz Service system may provide any fixed or mobile 
communications service to subscribers within its service area on its 
assigned spectrum, consistent with the Commission's rules and the 
regulatory status of the system to provide services on a common carrier 
or private basis.


Sec.  95.1907  Requesting regulatory status.

    (a) Authorizations for systems in the 218-219 MHz Service will be 
granted to provide services on a common carrier basis or a private 
(non-common carrier and/or private internal-use) basis.
    (1) Initial applications. An applicant will specify on FCC Form 601 
if it is requesting authorizations to provide services on a common 
carrier, non-common carrier or private internal-use basis, or a 
combination thereof.
    (2) Amendment of pending applications. Any pending application may 
be amended to:
    (i) Change the carrier status requested; or
    (ii) Add to the pending request in order to obtain both common 
carrier and private status in a single license.
    (3) Modification of license. A licensee may modify a license to:
    (i) Change the carrier status authorized; or
    (ii) Add to the status authorized in order to obtain both common 
carrier and private status in a single license. Applications to change, 
or add to, carrier status in a license must be submitted on FCC Form 
601 in accordance with Sec.  1.1102 of this chapter.
    (4) Pre-existing licenses. Licenses granted before April 9, 2001 
are authorized to provide services on a private (non-common carrier) 
basis. Licensees may modify this initial status pursuant to paragraph 
(a)(3) of this section.
    (b) An applicant or licensee may submit a petition at any time 
requesting clarification of the regulatory status required to provide a 
specific communications service.


Sec.  95.1911  License requirements.

    (a) Each 218-219 MHz Service system must be licensed in accordance 
with part 1, subpart F of this chapter.
    (b) Each CTS where the antenna does not exceed 6.1 meters (20 feet) 
above ground or an existing structure (other than an antenna structure) 
and is outside the vicinity of certain receiving locations (see Sec.  
1.924 of this chapter) is

[[Page 41122]]

authorized under the 218-219 MHz System license. All other CTSs must be 
individually licensed.
    (c) All CTSs not meeting the licensing criteria under paragraph (b) 
of this section are authorized under the 218-219 MHz Service system 
license.
    (d) Each component RTU in a 218-219 MHz Service system is 
authorized under the system license or, if associated with an 
individually licensed CTS, under that CTS license.
    (e) Each CTS (regardless of whether it is individually licensed) 
and each RTU must be in compliance with the Commission's environmental 
rules (see part 1, subpart I of this chapter) and the Commission's 
rules pertaining to the construction, marking and lighting of antenna 
structures (see part 17 of this chapter).


Sec.  95.1912  License term.

    (a) The term of each 218-219 MHz service system license is ten 
years from the date of original grant or renewal.
    (b) Licenses for individually licensed CTSs will be issued for a 
period running concurrently with the license of the associated 218-219 
MHz Service system with which it is licensed.


Sec.  95.1913  Eligibility.

    (a) An entity is eligible to hold a 218-219 MHz Service system 
license and its associated individual CTS licenses if:
    (1) The entity is an individual who is not a representative of a 
foreign government; or
    (2) The entity is a partnership and no partner is a representative 
of a foreign government; or
    (3) The entity is a corporation organized under the laws of the 
United States of America; or
    (4) The entity is a trust and no beneficiary is a representative of 
a foreign government.
    (b) An entity that loses its 218-219 MHz Service authorization due 
to failure to meet the construction requirements specified in Sec.  
95.1933 of this part may not apply for a 218-219 MHz Service system 
license for three years from the date the Commission takes final action 
affirming that the 218-219 MHz Service license has been canceled.


Sec.  95.1915  License application.

    (a) In addition to the requirements of part 1, subpart F of this 
chapter, each application for a 218-219 MHz Service system license must 
include a plan analyzing the co- and adjacent channel interference 
potential of the proposed system, identifying methods being used to 
minimize this interference, and showing how the proposed system will 
meet the service requirements set forth in Sec.  95.1931 of this part. 
This plan must be updated to reflect changes to the 218-219 MHz Service 
system design or construction.
    (b) In addition to the requirements of part 1, subpart F of this 
chapter, each request by a 218-219 MHz Service system licensee to add, 
delete, or modify technical information of an individually licensed CTS 
(see Sec.  95.1911(b) of this part) must include a description of the 
system after the proposed addition, deletion, or modifications, 
including the population in the service area, the number of component 
CTSs, and an explanation of how the system will satisfy the service 
requirements specified in Sec.  95.1931 of this part.


Sec.  95.1916  Competitive bidding proceedings.

    (a) Competitive bidding. Mutually exclusive initial applications 
for 218-219 MHz Service licenses are subject to competitive bidding. 
The general competitive bidding procedures set forth in part 1, subpart 
Q of this chapter will apply unless otherwise provided in this part.
    (b) Installment payments. Eligible Licensees that elect resumption 
pursuant to Amendment of part 95 of the Commission's Rules to Provide 
Regulatory Flexibility in the 218-219 MHz Service, Report and Order and 
Memorandum Opinion and Order, FCC 99-239 (released September 10, 1999) 
may continue to participate in the installment payment program. 
Eligible Licensees are those that were current in installment payments 
(i.e., less than ninety days delinquent) as of March 16, 1998, or those 
that had properly filed grace period requests under the former 
installment payment rules. All unpaid interest from grant date through 
election date will be capitalized into the principal as of Election Day 
creating a new principal amount. Installment payments must be made on a 
quarterly basis. Installment payments will be calculated based on new 
principal amount as of Election Day and will fully amortize over the 
remaining term of the license. The interest rate will equal the rate 
for five-year U.S. Treasury obligations at the grant date.
    (c) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its affiliates and controlling 
interests, has average gross revenues not to exceed $15 million for the 
preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling interests, has average gross revenues not to 
exceed $3 million for the preceding three years.
    (d) Bidding credits. A winning bidder that qualifies as a small 
business, as defined in this subsection, or a consortium of small 
businesses may use the bidding credit specified in Sec.  
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
very small business, as defined in this section, or a consortium of 
very small businesses may use the bidding credit specified in 
accordance with Sec.  1.2110(f)(2)(i) of this chapter.
    (e) Auction No. 2 winning bidders. Winning bidders in Auction No. 
2, which took place on July 28-29, 1994, that, at the time of auction, 
met the qualifications under the Commission's rules then in effect, for 
small business status will receive a twenty-five percent bidding credit 
pursuant to Amendment of part 95 of the Commission's Rules to Provide 
Regulatory Flexibility in the 218-219 MHz Service, Report and Order and 
Memorandum Opinion and Order, FCC 99-239 (released September 10, 1999).


Sec.  95.1919  License transferability.

    (a) A 218-219 MHz Service system license, together with all of its 
component CTS licenses, may be transferred, assigned, sold, or given 
away only in accordance with the provisions and procedures set forth in 
Sec.  1.948 of this chapter. For licenses acquired through competitive 
bidding procedures (including licenses obtained in cases of no mutual 
exclusivity), designated entities must comply with Sec. Sec.  1.2110 
and 1.2111 of this chapter (see Sec.  1.948(a)(3) of this chapter).
    (b) If the transfer, assignment, sale, or gift of a license is 
approved, the new licensee is held to the construction requirements set 
forth in Sec.  95.1933.


Sec.  95.1923  Geographic partitioning and spectrum disaggregation.

    (a) Eligibility. Parties seeking Commission approval of geographic 
partitioning or spectrum disaggregation of 218-219 MHz Service system 
licenses shall request an authorization for partial assignment of 
license pursuant to Sec.  1.948 of this chapter.
    (b) Technical standards--(1) Partitioning. In the case of 
partitioning, requests for authorization of partial assignment of a 
license must include, as attachments, a description of the partitioned 
service area and a calculation of the population of the partitioned 
service area and the licensed geographic service area. The partitioned 
service area shall be defined by coordinate points at every 3 seconds 
along the partitioned service area unless

[[Page 41123]]

an FCC-recognized service area (i.e., Economic Areas) is utilized or 
county lines are followed. The geographic coordinates must be specified 
in degrees, minutes, and seconds, to the nearest second of latitude and 
longitude, and must be based upon the 1983 North American Datum 
(NAD83). In the case where an FCC-recognized service area or county 
lines are utilized, applicants need only list the specific area(s) 
(through use of FCC designations or county names) that constitute the 
partitioned area.
    (2) Disaggregation. Spectrum may be disaggregated in any amount.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignments of licenses that propose 
combinations of partitioning and disaggregation.
    (c) Provisions applicable to designated entities--(1) Parties not 
qualified for installment payment plans. (i) When a winning bidder 
(partitionor or disaggregator) that elected to pay for its license 
through an installment payment plan partitions its license or 
disaggregates spectrum to another party (partitionee or disaggregatee) 
that would not qualify for an installment payment plan, or elects not 
to pay for its share of the license through installment payments, the 
outstanding principal balance owed by the partitionor or disaggregator 
shall be apportioned according to Sec.  1.2111(e)(3) of this chapter. 
The partitionor or disaggregator is responsible for accrued and unpaid 
interest through and including the consummation date.
    (ii) The partitionee or disaggregatee shall, as a condition of the 
approval of the partial assignment application, pay its entire pro rata 
amount of the outstanding principal balance on or before the 
consummation date. Failure to meet this condition will result in 
cancellation of the grant of the partial assignment application.
    (iii) The partitionor or disaggregator shall be permitted to 
continue to pay its pro rata share of the outstanding balance and, if 
applicable, shall receive loan documents evidencing the partitioning 
and disaggregation. The original interest rate, established pursuant to 
Sec.  1.2110(g)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to the 
partitionor's or disaggregator's portion of the remaining government 
obligation.
    (iv) A default on the partitionor's or disaggregator's payment 
obligation will affect only the partitionor's or disaggregator's 
portion of the market.
    (2) Parties qualified for installment payment plans. (i) Where both 
parties to a partitioning or disaggregation agreement qualify for 
installment payments, the partitionee or disaggregatee will be 
permitted to make installment payments on its portion of the remaining 
government obligation.
    (ii) Each party may be required, as a condition to approval of the 
partial assignment application, to execute loan documents agreeing to 
pay its pro rata portion of the outstanding principal balance due, as 
apportioned according to Sec.  1.2111(e)(3) of this chapter, based upon 
the installment payment terms for which it qualifies under the rules. 
Failure by either party to meet this condition will result in the 
automatic cancellation of the grant of the partial assignment 
application. The interest rate, established pursuant to Sec.  
1.2110(f)(3)(i) of this chapter at the time of the grant of the initial 
license in the market, shall continue to be applied to both parties' 
portion of the balance due. Each party will receive a license for its 
portion of the partitioned market.
    (iii) A default on an obligation will affect only that portion of 
the market area held by the defaulting party.
    (d) Construction requirements--(1) Partitioning. Partial assignors 
and assignees for license partitioning have two options to meet 
construction requirements. Under the first option, the partitionor and 
partitionee would each certify that they will independently satisfy the 
applicable construction requirements set forth in Sec.  95.1933 of this 
part for their respective partitioned areas. If either licensee failed 
to meet its requirement in Sec.  95.1933 of this part, only the non-
performing licensee's renewal application would be subject to 
dismissal. Under the second option, the partitionor certifies that it 
has met or will meet the requirement in Sec.  95.1933 of this part for 
the entire market. If the partitionor fails to meet the requirement in 
Sec.  95.1933 of this part, however, only its renewal application would 
be subject to forfeiture at renewal.
    (2) Disaggregation. Partial assignors and assignees for license 
disaggregation have two options to meet construction requirements. 
Under the first option, the disaggregator and disaggregatee would 
certify that they each will share responsibility for meeting the 
applicable construction requirements set forth in Sec.  95.1933 of this 
part for the geographic service area. If parties choose this option and 
either party fails to do so, both licenses would be subject to 
forfeiture at renewal. The second option would allow the parties to 
agree that either the disaggregator or the disaggregatee would be 
responsible for meeting the requirement in Sec.  95.1933 of this part 
for the geographic service area. If parties choose this option, and the 
party responsible for meeting the construction requirement fails to do 
so, only the license of the non-performing party would be subject to 
forfeiture at renewal.
    (3) Certification. All applications requesting partial assignments 
of license for partitioning or disaggregation must include the above-
referenced certification as to which of the construction options is 
selected.
    (4) Supporting documents. Responsible parties must submit 
supporting documents showing compliance with the respective 
construction requirements within the relevant time periods set forth in 
Sec.  95.1933 of this part.


Sec.  95.1931  Service requirements.

    Subject to the initial construction requirements of Sec.  95.1933 
of this subpart, each 218-219 MHz Service system license must 
demonstrate that it provides substantial service within the service 
area. Substantial service is defined as a service that is sound, 
favorable, and substantially above a level of service which might 
minimally warrant renewal.


Sec.  95.1933  Construction requirements.

    (a) Each 218-219 MHz Service licensee must make a showing of 
``substantial service'' within ten years of the license grant. A 
``substantial service'' assessment will be made at renewal pursuant to 
the provisions and procedures contained in Sec.  1.949 of this chapter.
    (b) Each 218-219 MHz Service licensee must file a report to inform 
the Commission of the service status of its system. The report must be 
labeled as an exhibit to the renewal application. At minimum, the 
report must include:
    (1) A description of its current service in terms of geographic 
coverage and population served;
    (2) An explanation of its record of expansion, including a 
timetable of new construction to meet changes in demand for service;
    (3) A description of its investments in its 218-219 MHz Service 
systems;
    (4) A list, including addresses, of all component CTSs constructed; 
and
    (5) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and a list of any 
pending proceedings that relate to any matter described in this 
paragraph.
    (c) Failure to demonstrate that substantial service is being 
provided in the service area will result in forfeiture

[[Page 41124]]

of the license, and will result in the licensee's ineligibility to 
apply for 218-219 MHz Service licenses for three years from the date 
the Commission takes final action affirming that the 218-219 MHz 
Service license has been canceled pursuant to Sec.  95.1913 of this 
part.


Sec.  95.1935  Station identification.

    No RTU or CTS is required to transmit a station identification 
announcement.


Sec.  95.1937  Station inspection.

    Upon request by an authorized Commission representative, the 218-
219 MHz Service system licensee must make any component CTS available 
for inspection.


Sec.  95.1951  Certification.

    Each CTS and RTU transmitter must be certified for use in the 218-
219 MHz Service in accordance with subpart J of part 2 of this chapter.


Sec.  95.1953  Frequency segments.

    There are two frequency segments available for assignment to the 
218-219 MHz Service in each service area. Frequency segment A is 
218.000-218.500 MHz. Frequency segment B is 218.501-219.000 MHz.


Sec.  95.1955  Transmitter effective radiated power limitation.

    The effective radiated power (ERP) of each CTS and RTU shall be 
limited to the minimum necessary for successful communications. No CTS 
or fixed RTU may transmit with an ERP exceeding 20 Watts. No mobile RTU 
may transmit with an ERP exceeding 4 Watts.


Sec.  95.1957  Emission standards.

    (a) All transmissions by each CTS and by each RTU shall use an 
emission type that complies with the following standard for unnecessary 
radiation.
    (b) All spurious and out-of-band emissions shall be attenuated:
    (1) Zero dB on any frequency within the authorized frequency 
segment.
    (2) At least 28 dB on any frequency removed from the midpoint of 
the assigned frequency segment by more than 250 kHz up to and including 
750 kHz;
    (3) At least 35 dB on any frequency removed from the midpoint of 
the assigned frequency segment by more than 750 kHz up to and including 
1250 kHz;
    (4) At least 43 plus 10 log (base 10) (mean power in Watts) dB on 
any frequency removed from the midpoint of the assigned frequency 
segment by more than 1250 kHz.
    (c) When testing for certification, all measurements of unnecessary 
radiation are performed using a carrier frequency as close to the edge 
of the authorized frequency segment as the transmitter is designed to 
be capable of operating.
    (d) The reference bandwidth of the instrumentation used to measure 
the emission power shall be 100 Hz for measuring emissions up to and 
including 250 kHz from the edge of the authorized frequency segment, 
and 10 kHz for measuring emissions more than 250 kHz from the edge of 
the authorized frequency segment. If a video filter is used, its 
bandwidth shall not be less than the reference bandwidth. The power 
level of the highest emission within the frequency segment, to which 
the attenuation is referenced, shall be remeasured for each change in 
reference bandwidth.


Sec.  95.1959  Antennas.

    (a) The overall height from ground to topmost tip of the CTS 
antenna shall not exceed the height necessary to assure adequate 
service. Certain CTS antennas must be individually licensed to the 218-
219 MHz System licensee (see Sec.  95.1911(b) of this part). CTS 
antennas must also meet the requirements in Sec.  95.317 regarding 
menaces to air navigation. See 47 CFR 95.317 and consult part 17 of the 
FCC's Rules for more information (47 CFR part 17).
    (b) [Reserved]
    (c) The RTU may be connected to an external antenna not more than 
6.1 m (20 feet) above ground or above an existing man-made structure 
(other than an antenna structure). Connectors that are used to connect 
RTUs to an external antenna shall not be of the types generally known 
as ``F-type'' or ``BNC type.'' Use of an external antenna is subject to 
Sec.  95.1961.


Sec.  95.1961  Interference.

    (a) When a 218-219 MHz Service system suffers harmful interference 
within its service area or causes harmful interference to another 218-
219 MHz Service system, the licensees of both systems must cooperate 
and resolve the problem by mutually satisfactory arrangements. If the 
licensees are unable to do so, the Commission may impose restrictions 
including, but not limited to, specifying the transmitter power, 
antenna height or area, duty cycle, or hours of operation for the 
stations concerned.
    (b) The use of any frequency segment (or portion thereof) at a 
given geographical location may be denied when, in the judgment of the 
Commission, its use in that location is not in the public interest; the 
use of a frequency segment (or portion thereof) specified for the 218-
219 MHz Service system may be restricted as to specified geographical 
areas, maximum power, or other operating conditions.
    (c) A 218-219 MHz Service licensee must provide a copy of the plan 
required by Sec.  95.1915 (a) of this part to every TV Channel 13 
station whose Grade B predicted contour overlaps the licensed service 
area for the 218-219 MHz Service system. The 218-219 MHz Service 
licensee must send the plan to the TV Channel 13 licensee(s) within 10 
days from the date the 218-219 MHz Service licensee submits the plan to 
the Commission, and the 218-219 MHz Service licensee must send updates 
to this plan to the TV Channel 13 licensee(s) within 10 days from the 
date that such updates are filed with the Commission pursuant to Sec.  
95.1915.
    (d) Each 218-219 MHz Service system licensee must provide upon 
request, and install free of charge, an interference reduction device 
to any household within a TV Channel 13 station Grade B predicted 
contour that experiences interference due to a component CTS or RTU.
    (e) Each 218-219 MHz Service system licensee must investigate and 
eliminate harmful interference to television broadcasting and 
reception, from its component CTSs and RTSs, within 30 days of the time 
it is notified in writing, by either an affected television station, an 
affected viewer, or the Commission, of an interference complaint. 
Should the licensee fail to eliminate the interference within the 30-
day period, the CTS(s) or RTU(s) causing the problem(s) must 
discontinue operation.
    (f) The boundary of the 218-219 MHz Service system, as defined in 
its authorization, is the limit of interference protection for that 
218-219 MHz Service system.


Sec.  Sec.  95.1963-95.1999  [Reserved]

Subpart G--Low Power Radio Service


Sec.  95.2101  Scope.

    This subpart contains rules that apply only to the Low Power Radio 
Service (LPRS).


Sec.  95.2103  Definitions, LPRS.

    Automated maritime telecommunications system (AMTS). An automatic 
maritime communications system administered under part 80 of this 
chapter.
    Individuals with disabilities. Individuals with a physical or 
mental impairment that substantially limits one or more of the major 
life activities of such individuals. See section 3(2)(A) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)).
    Low Power Radio Service (LPRS). A short-distance voice and data

[[Page 41125]]

communication service for providing auditory assistance to persons with 
disabilities (and others), health care related communications, law 
enforcement tracking, and for certain other purposes.


Sec.  95.2105  LPRS operator eligibility.

    Subject to the requirements of Sec. Sec.  95.305 and 95.307, any 
person is eligible to operate a station in the Low Power Radio Service, 
except that only a person that holds an AMTS license issued under part 
80 of this chapter may operate an LPRS station for AMTS purposes (see 
Sec.  95.2131(d)).


Sec.  95.2107  [Reserved]


Sec.  95.2109  Notification to affected TV stations required for AMTS 
use.

    Prior to operating a LPRS transmitter with an AMTS, the AMTS 
licensee must notify, in writing, each television station that may be 
affected by such operations, as defined in Sec.  80.215(h) of this 
chapter. The notification provided with the station's license 
application (under part 80 of this chapter) is sufficient to satisfy 
this requirement if no new television stations would be affected.


Sec.  Sec.  95.2111-95.2123  [Reserved]


Sec.  95.2125  LPRS interference.

    Operation of LPRS stations must not cause harmful interference to 
the United States Air Force Space Surveillance system (operating in the 
216.88-217.08 MHz frequency band) or to reception within the service 
contour of any type of DTV or TV Broadcast station operating on Channel 
13.


Sec.  Sec.  95.2127-95.2129  [Reserved]


Sec.  95.2131  Permissible LPRS uses.

    LPRS stations may be used to transmit voice, data, or tracking 
signals, as appropriate, to provide:
    (a) Auditory assistance communications (including, but not limited 
to, applications such as assistive listening devices, audio description 
for the blind, and simultaneous language translation) for:
    (1) Individuals with disabilities;
    (2) Individuals who require language translation; or
    (3) Individuals who may otherwise benefit from auditory assistance 
communications in educational settings.
    (b) Health care related communications for the ill;
    (c) Law enforcement tracking signals (for homing or interrogation) 
including the tracking of persons or stolen goods under authority or 
agreement with a law enforcement agency (Federal, state, or local) 
having jurisdiction in the area where the transmitters are placed;
    (d) Point-to-point network control communications for AMTS licensed 
under part 80 of this chapter.


Sec.  95.2133  Prohibited LPRS uses.

    LPRS stations must not be used for two-way voice communications.


Sec.  95.2141  LPRS antenna height and directivity requirements.

    LPRS operators must ensure that their stations satisfy the antenna 
requirements in this section.
    (a) For LPRS units where the antenna is an integral part of the 
unit, and for LPRS stations operating entirely within an enclosed 
structure, e.g., a building, there is no limit on antenna height.
    (b) For all other LPRS units, the tip of the antenna must not 
exceed 30.5 meters (100 feet) above ground level. If harmful 
interference occurs, the FCC may require that the LPRS station antenna 
height be reduced.
    (c) Directional transmit antennas must be used for LPRS stations 
used with AMTS.
    (d) LPRS antennas must also meet the requirements in Sec.  95.317 
regarding menaces to air navigation. See 47 CFR 95.317 and consult part 
17 of the FCC's Rules for more information (47 CFR part 17).


Sec.  Sec.  95.2143-95.2159  [Reserved]


Sec.  95.2161  LPRS transmitter certification.

    (a) Each LPRS transmitter (a transmitter that operates or is 
intended to operate in the LPRS) must be certified in accordance with 
this subpart and part 2 of this chapter.
    (b) A grant of equipment certification for the LPRS will not be 
issued for any LPRS transmitter type that fails to comply with all of 
the applicable rules in this subpart.


Sec.  95.2163  LPRS channels.

    LPRS transmitters may operate on any channel listed in paragraphs 
(a), (b), and (c) of this section. Channels 19, 20, 50, and 151-160 are 
available exclusively for law enforcement tracking purposes. AMTS 
transmissions are limited to the 216.750-217.000 MHz frequency band for 
low power point-to-point network control communications by AMTS coast 
stations. Other AMTS transmissions in the 216-217 MHz frequency band 
are prohibited.
    (a) Standard band channels. The following table lists the standard 
band channel numbers and corresponding center frequencies in Megahertz.

------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
1..........................................................     216.0125
2..........................................................     216.0375
3..........................................................     216.0625
4..........................................................     216.0875
5..........................................................     216.1125
6..........................................................     216.1375
7..........................................................     216.1625
8..........................................................     216.1875
9..........................................................     216.2125
10.........................................................     216.2375
11.........................................................     216.2625
12.........................................................     216.2875
13.........................................................     216.3125
14.........................................................     216.3375
15.........................................................     216.3625
16.........................................................     216.3875
17.........................................................     216.4125
18.........................................................     216.4375
19.........................................................     216.4625
20.........................................................     216.4875
21.........................................................     216.5125
22.........................................................     216.5375
23.........................................................     216.5625
24.........................................................     216.5875
25.........................................................     216.6125
26.........................................................     216.6375
27.........................................................     216.6625
28.........................................................     216.6875
29.........................................................     216.7125
30.........................................................     216.7375
31.........................................................     216.7625
32.........................................................     216.7875
33.........................................................     216.8125
34.........................................................     216.8375
35.........................................................     216.8625
36.........................................................     216.8875
37.........................................................     216.9125
38.........................................................     216.9375
39.........................................................     216.9625
40.........................................................     216.9875
------------------------------------------------------------------------

    (b) Extra band channels. The following table lists the extra band 
channel numbers and corresponding center frequencies in Megahertz.

------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
41.........................................................      216.025
42.........................................................      216.075
43.........................................................      216.125
44.........................................................      216.175
45.........................................................      216.225
46.........................................................      216.275
47.........................................................      216.325
48.........................................................      216.375
49.........................................................      216.425
50.........................................................      216.475
51.........................................................      216.525
52.........................................................      216.575
53.........................................................      216.625
54.........................................................      216.675
55.........................................................      216.725
56.........................................................      216.775
57.........................................................      216.825
58.........................................................      216.875
59.........................................................      216.925
60.........................................................      216.975
------------------------------------------------------------------------


[[Page 41126]]

    (c) Narrowband channels. The following table lists the narrowband 
channel numbers and corresponding center frequencies in Megahertz.

------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
61.........................................................     216.0025
62.........................................................     216.0075
63.........................................................     216.0125
64.........................................................     216.0175
65.........................................................     216.0225
66.........................................................     216.0275
67.........................................................     216.0325
68.........................................................     216.0375
69.........................................................     216.0425
70.........................................................     216.0475
71.........................................................     216.0525
72.........................................................     216.0575
73.........................................................     216.0625
74.........................................................     216.0675
75.........................................................     216.0725
76.........................................................     216.0775
77.........................................................     216.0825
78.........................................................     216.0875
79.........................................................     216.0925
80.........................................................     216.0975
81.........................................................     216.1025
82.........................................................     216.1075
83.........................................................     216.1125
84.........................................................     216.1175
85.........................................................     216.1225
86.........................................................     216.1275
87.........................................................     216.1325
88.........................................................     216.1375
89.........................................................     216.1425
90.........................................................     216.1475
91.........................................................     216.1525
92.........................................................     216.1575
93.........................................................     216.1625
94.........................................................     216.1675
95.........................................................     216.1725
96.........................................................     216.1775
97.........................................................     216.1825
98.........................................................     216.1875
99.........................................................     216.1925
100........................................................     216.1975
101........................................................     216.2025
102........................................................     216.2075
103........................................................     216.2125
104........................................................     216.2175
105........................................................     216.2225
106........................................................     216.2275
107........................................................     216.2325
108........................................................     216.2375
109........................................................     216.2425
110........................................................     216.2475
111........................................................     216.2525
112........................................................     216.2575
113........................................................     216.2625
114........................................................     216.2675
115........................................................     216.2725
116........................................................     216.2775
117........................................................     216.2825
118........................................................     216.2875
119........................................................     216.2925
120........................................................     216.2975
121........................................................     216.3025
122........................................................     216.3075
123........................................................     216.3125
124........................................................     216.3175
125........................................................     216.3225
126........................................................     216.3275
127........................................................     216.3325
128........................................................     216.3375
129........................................................     216.3425
130........................................................     216.3475
131........................................................     216.3525
132........................................................     216.3575
133........................................................     216.3625
134........................................................     216.3675
135........................................................     216.3725
136........................................................     216.3775
137........................................................     216.3825
138........................................................     216.3875
139........................................................     216.3925
140........................................................     216.3975
141........................................................     216.4025
142........................................................     216.4075
143........................................................     216.4125
144........................................................     216.4175
145........................................................     216.4225
146........................................................     216.4275
147........................................................     216.4325
148........................................................     216.4375
149........................................................     216.4425
150........................................................     216.4475
151........................................................     216.4525
152........................................................     216.4575
153........................................................     216.4625
154........................................................     216.4675
155........................................................     216.4725
156........................................................     216.4775
157........................................................     216.4825
158........................................................     216.4875
159........................................................     216.4925
160........................................................     216.4975
161........................................................     216.5025
162........................................................     216.5075
163........................................................     216.5125
164........................................................     216.5175
165........................................................     216.5225
166........................................................     216.5275
167........................................................     216.5325
168........................................................     216.5375
169........................................................     216.5425
170........................................................     216.5475
171........................................................     216.5525
172........................................................     216.5575
173........................................................     216.5625
174........................................................     216.5675
175........................................................     216.5725
176........................................................     216.5775
177........................................................     216.5825
178........................................................     216.5875
179........................................................     216.5925
180........................................................     216.5975
181........................................................     216.6025
182........................................................     216.6075
183........................................................     216.6125
184........................................................     216.6175
185........................................................     216.6225
186........................................................     216.6275
187........................................................     216.6325
188........................................................     216.6375
189........................................................     216.6425
190........................................................     216.6475
191........................................................     216.6525
192........................................................     216.6575
193........................................................     216.6625
194........................................................     216.6675
195........................................................     216.6725
196........................................................     216.6775
197........................................................     216.6825
198........................................................     216.6875
199........................................................     216.6925
200........................................................     216.6975
201........................................................     216.7025
202........................................................     216.7075
203........................................................     216.7125
204........................................................     216.7175
205........................................................     216.7225
206........................................................     216.7275
207........................................................     216.7325
208........................................................     216.7375
209........................................................     216.7425
210........................................................     216.7475
211........................................................     216.7525
212........................................................     216.7575
213........................................................     216.7625
214........................................................     216.7675
215........................................................     216.7725
216........................................................     216.7775
217........................................................     216.7825
218........................................................     216.7875
219........................................................     216.7925
220........................................................     216.7975
221........................................................     216.8025
222........................................................     216.8075
223........................................................     216.8125
224........................................................     216.8175
225........................................................     216.8225
226........................................................     216.8275
227........................................................     216.8325
228........................................................     216.8375
229........................................................     216.8425
230........................................................     216.8475
231........................................................     216.8525
232........................................................     216.8575
233........................................................     216.8625
234........................................................     216.8675
235........................................................     216.8725
236........................................................     216.8775
237........................................................     216.8825
238........................................................     216.8875
239........................................................     216.8925
240........................................................     216.8975
241........................................................     216.9025
242........................................................     216.9075
243........................................................     216.9125
244........................................................     216.9175
245........................................................     216.9225
246........................................................     216.9275
247........................................................     216.9325
248........................................................     216.9375
249........................................................     216.9425
250........................................................     216.9475
251........................................................     216.9525
252........................................................     216.9575
253........................................................     216.9625
254........................................................     216.9675
255........................................................     216.9725
256........................................................     216.9775
257........................................................     216.9825
258........................................................     216.9875
259........................................................     216.9925
260........................................................     216.9975
------------------------------------------------------------------------

    (d) AMTS network control communications. LPRS stations operating as 
part of an AMTS may use the 216.750-217.000 MHz frequency range as a 
single 250 kHz bandwidth channel.

[[Page 41127]]

Sec.  95.2165  LPRS frequency accuracy.

    Each LPRS transmitter type must be designed to satisfy the 
frequency accuracy requirements in this section.
    (a) LPRS transmitters operating on standard band (25 kHz) or extra 
band (50 kHz) channels must be designed such that the carrier 
frequencies remain within 50 ppm of the channel center 
frequencies specified in Sec.  95.2163(a) and (b), respectively, during 
normal operating conditions.
    (b) LPRS transmitters operating on narrowband (5 kHz) channels must 
be designed such that the carrier frequencies remain within 1.5 ppm of the channel center frequencies specified in Sec.  
95.2163(c) during normal operating conditions.


Sec.  95.2167  LPRS transmitting power.

    Each LPRS transmitter type not intended for use with an AMTS 
station must be designed to satisfy the transmitting power limits in 
paragraph (a) of this section. The licensee of each AMTS station is 
responsible for compliance with paragraph (b) of this section.
    (a) The ERP of an LPRS transmitter, other than an LPRS transmitter 
used with an AMTS station, must not exceed 100 mW.
    (b) The ERP of an LPRS transmitter used with an AMTS station must 
not exceed 1 Watt.


Sec.  Sec.  95.2169-95.2171  [Reserved]


Sec.  95.2173  LPRS authorized bandwidths.

    Each LPRS transmitter type must be designed such that the occupied 
bandwidth does not exceed the authorized bandwidth for the channel 
bandwidth used.
    (a) The authorized bandwidth for emissions transmitted on the 
narrowband channels listed in Sec.  95.2163(c) is 4 kHz.
    (b) The occupied bandwidth for emissions transmitted on the 
standard band, extra band or AMTS channels listed in Sec.  95.2163(a), 
(b), or (d), respectively, is limited through compliance with the 
unwanted emissions rule (Sec.  95.2179).


Sec.  Sec.  95.2175-95.2177  


Sec.  95.2179  LPRS unwanted emission limits.

    The requirements in this section apply to each LPRS transmitter 
type both with and without the connection of attachments, such as an 
external microphone, power cord and/or antenna.
    (a) Emission masks. Emission masks applicable to transmitting 
equipment in the LPRS are defined by the requirements in the following 
table. The numbers in the paragraphs column refer to attenuation 
requirement rule paragraph numbers under paragraph (b) of this section.

------------------------------------------------------------------------
                        Channels                            Paragraphs
------------------------------------------------------------------------
narrowband 5 kHz........................................        (1), (2)
standard band 25 kHz....................................        (3), (4)
extra band 50 kHz.......................................        (5), (6)
AMTS 250 kHz............................................        (7), (8)
------------------------------------------------------------------------

    (b) Attenuation requirements. The power of unwanted emissions must 
be attenuated below the transmitter output power in Watts (P) by at 
least:
    (1) 30 + 20(fd - 2) dB, 55 + 10 log (P) dB, or 65 dB, 
whichever is the least attenuation, on any frequency removed from the 
center of the authorized bandwidth by a displacement frequency 
(fd, in kHz) of more than 2 kHz, up to and including 3.75 
kHz.
    (2) 55 + 10 log (P) dB on any frequency removed from the center of 
the authorized bandwidth by more than 3.75 kHz.
    (3) 30 dB on any frequency removed from the channel center 
frequency by 12.5 kHz to 22.5 kHz.
    (4) 43 + 10 log (P) dB on any frequency removed from the channel 
center frequency by more than 22.5 kHz.
    (5) 30 dB on any frequency removed from the channel center 
frequency by 25 kHz to 35 kHz.
    (6) 43 + 10 log (P) dB on any frequency removed from the channel 
center frequency by more than 35 kHz.
    (7) 30 dB on any frequency removed from the channel center 
frequency by 125 kHz to 135 kHz.
    (8) 43 + 10 log (P) dB on any frequency removed from the channel 
center frequency by more than 135 kHz.
    (c) Measurement conditions and procedures. The power of unwanted 
emissions in the frequency bands specified in paragraphs (b)(1), (3), 
(5), and (7) of this section is measured with a reference bandwidth of 
300 Hz. The power of unwanted emissions in the frequency ranges 
specified in paragraphs (b)(2), (4), (6), and (8) is measured with a 
reference bandwidth of at least 30 kHz.


Sec.  95.2181-95.2189  [Reserved]


Sec.  95.2191  LPRS marketing limitations.

    Transmitters intended for operation in the LPRS may be marketed and 
sold only for those uses described in Sec.  95.2131.


Sec.  95.2193  LPRS labeling requirements.

    Each LPRS transmitting device must be labeled with the following 
statement in a conspicuous location on the device:

    This device may not interfere with TV reception or Federal 
Government radar.

    (a) Where the LPRS device is constructed in two or more sections 
connected by wire and marketed together, the statement specified in 
this section is required to be affixed only to the main control unit.
    (b) When the LPRS device is so small or for such use that it is not 
practicable to place the statement specified in this section on it, the 
statement must be placed in a prominent location in the instruction 
manual or pamphlet supplied to the user or, alternatively, must be 
placed on the container in which the device is marketed.


Sec.  95.2195  LPRS disclosures.

    Manufacturers of LPRS transmitters used for auditory assistance, 
health care assistance, and law enforcement tracking purposes must 
include with each transmitting device the following statement:

    This transmitter is authorized by rule under the Low Power Radio 
Service (47 CFR part 95) and must not cause harmful interference to 
TV reception or to the United States Air Force Space Surveillance 
System operating in the 216.88-217.08 MHz band. With the exception 
of automated maritime telecommunications system (AMTS) devices, you 
do not need an FCC license to operate this transmitter. This 
transmitter may only be used to provide: auditory assistance to 
persons with disabilities, persons who require language translation, 
or persons in educational settings; health care services to the ill; 
law enforcement tracking services under agreement with a law 
enforcement agency; or AMTS network control communications. Two-way 
voice communications and all other types of uses not mentioned above 
are expressly prohibited.


Sec.  95.2197-95.2999  [Reserved]

Subpart H--Wireless Medical Telemetry Service


Sec.  95.2301  Scope.

    This subpart contains rules that apply only to the Wireless Medical 
Telemetry Service (WMTS) operating in the 608-614 MHz, 1395-1400 MHz 
and 1427-1432 MHz frequency bands.


Sec.  95.2303  Definitions, WMTS.

    Authorized health care provider. A physician or other individual 
authorized under state or Federal law to provide health care services, 
or any other health care facility operated by or employing individuals 
authorized under state or Federal law to provide health care services, 
or any trained technician operating under the supervision and control 
of an individual or health care facility authorized under state or 
Federal law to provide health care services.

[[Page 41128]]

    Health care facility. A health care facility includes hospitals and 
other establishments that offer services, facilities and beds for use 
beyond a 24-hour period in rendering medical treatment, and 
institutions and organizations regularly engaged in providing medical 
services through clinics, public health facilities, and similar 
establishments, including government entities and agencies such as 
Veterans Administration hospitals; except the term health care facility 
does not include an ambulance or other moving vehicle.
    Wireless Medical Telemetry Service (WMTS). A short-distance data 
communication service for the transmission of physiological parameters 
and other patient medical information via radiated electromagnetic 
signals.
    Wireless medical telemetry. The measurement and recording of 
physiological parameters and other patient-related information via 
radiated bi-or unidirectional electromagnetic signals in the 608-614 
MHz, 1395-1400 MHz and 1427-1432 MHz frequency bands.


Sec.  95.2305  WMTS operator eligibility.

    Only the following persons are eligible to operate transmitters in 
the Wireless Medical Telemetry Service:
    (a) Authorized health care providers are eligible to operate 
transmitters in the WMTS without an individual license issued by the 
FCC provided the coordination requirements in Sec.  95.2309 have been 
met.
    (b) Manufacturers of wireless medical telemetry devices and their 
representatives are eligible to operate WMTS transmitters solely for 
the purpose of demonstrating such equipment to, or installing and 
maintaining such equipment for, authorized health care providers.


Sec.  95.2307  [Reserved]


Sec.  95.2309  WMTS frequency coordination.

    Operation of WMTS devices is subject to the frequency coordination 
procedures in this section.
    (a) Frequency coordinators. The FCC designates one or more 
frequency coordinators to manage WMTS use of the frequency bands 
designated for the operation of WMTS devices.
    (1) Contact information for the frequency coordinator can be 
obtained from the FCC's Web site at: https://www.fcc.gov/encyclopedia/wireless-medical-telemetry-service-wmts or by calling the FCC at 1-888-
CALL-FCC (1-888-225-5322).
    (2) The duties of the frequency coordinators are to:
    (i) Review and process coordination requests submitted by 
authorized health care providers as required by this section;
    (ii) Maintain a database of WMTS use;
    (iii) Notify users of potential conflicts;
    (iv) Coordinate WMTS operation with radio astronomy observatories 
and Federal Government radar systems as specified in paragraphs (f) and 
(g).
    (v) Notify licensees operating pursuant to Sec.  90.259(b) of this 
chapter of the need to comply with the field strength limit of Sec.  
90.259(b)(11) prior to initial activation of WMTS equipment in the 
1427-1432 MHz band.
    (vi) Notify licensees operating in the 1392-1395 MHz band (pursuant 
to subpart I of part 27 of this chapter) of the need to comply with the 
field strength limit of Sec.  27.804 prior to initial activation of 
WMTS equipment in the 1395-1400 MHz band.
    (b) Initial registration. Prior to first use of a WMTS device for 
wireless medical telemetry in a health care facility, the authorized 
health care provider shall register the device with a designated 
frequency coordinator. After April 14, 2010, no registrations may be 
accepted for frequencies where WMTS does not have primary status. 
Previously registered secondary facilities may continue to operate as 
registered.
    (c) Maintaining current information. The authorized health care 
provider shall maintain the information contained in each registration 
current in all material respects, and shall notify the frequency 
coordinator when any material change is made in the location or 
operating parameters previously reported.
    (d) Discontinuation. The authorized health care provider shall 
notify the frequency coordinator whenever a medical telemetry device is 
permanently taken out of service, unless the device is replaced with 
another transmitter utilizing the same technical characteristics as 
those reported on the effective registration.
    (e) Registration information. Each registration includes the 
following information:
    (1) The specific frequency range(s);
    (2) The modulation scheme and/or emission type (including 
bandwidth);
    (3) The effective radiated power;
    (4) The number of WMTS devices in use at the health care facility 
as of the date of registration, including manufacturer name(s) and 
model numbers;
    (5) The legal name of the authorized health care provider;
    (6) The location of the WMTS device (e.g., coordinates, street 
address, building, as appropriate); and,
    (7) Contact information for the authorized health care provider 
(e.g., name, title, office address, telephone number, fax number, email 
address).
    (f) Specific requirements for WMTS devices in the 608-614 MHz 
frequency band. For a wireless medical telemetry device operating 
within the frequency range 608-614 MHz that will be located near the 
radio astronomy observatories listed below, operation is not permitted 
until a WMTS frequency coordinator referenced in Sec.  95.2309 has 
coordinated with, and obtained the written concurrence of, the director 
of the affected radio astronomy observatory before the equipment can be 
installed or operated--
    (1) Within 80 kilometers of:
    (i) National Astronomy and Ionosphere Center, Arecibo, Puerto Rico: 
18[deg]-20'-38.28'' North Latitude, 66[deg]-45'-09.42'' West Longitude;
    (ii) National Radio Astronomy Observatory, Socorro, New Mexico: 
34[deg]-04'-43'' North Latitude, 107[deg]-37'-04'' West Longitude; or
    (iii) National Radio Astronomy Observatory, Green Bank, West 
Virginia: 38[deg]-26'-08'' North Latitude, 79[deg]-49'-42'' West 
Longitude.
    (2) Within 32 kilometers of any of the National Radio Astronomy 
Observatory (NRAO) facilities (Very Long Baseline Array Stations) 
centered on the following geographical coordinates:

------------------------------------------------------------------------
                 NRAO facilities                    N. lat.    W. long.
------------------------------------------------------------------------
Pie Town, NM.....................................  34[deg]-1  108[deg]-0
                                                          8'          7'
Kitt Peak, AZ....................................  31[deg]-5  111[deg]-3
                                                          7'          7'
Los Alamos, NM...................................  35[deg]-4  106[deg]-1
                                                          7'          5'
Fort Davis, TX...................................  30[deg]-3  103[deg]-5
                                                          8'          7'
North Liberty, IA................................  41[deg]-4  91[deg]-34
                                                          6'           '
Brewster, WA.....................................  48[deg]-0  119[deg]-4
                                                          8'          1'
Owens Valley, CA.................................  37[deg]-1  118[deg]-1
                                                          4'          7'
Saint Croix, VI..................................  17[deg]-4  64[deg]-35
                                                          6'           '
Mauna Kea, HI....................................  19[deg]-4  155[deg]-2
                                                          9'          8'
Hancock, NH......................................  42[deg]-5  71[deg]-59
                                                          6'           '
------------------------------------------------------------------------

    (3) The National Science Foundation point of contact for 
coordination is: Spectrum Manager, Division of Astronomical Sciences, 
NSF Room 1045, 4201 Wilson Blvd., Arlington, VA 22230; telephone: 703-
292-8820.
    (g) Specific requirements for WMTS devices in the 1395-1400 and 
1427-1432 MHz bands. Due to the critical nature of communications 
transmitted under this part, the frequency coordinator in consultation 
with the National Telecommunications and Information Administration 
will determine whether there are any Federal Government systems whose 
operations could affect, or could be affected by, proposed WMTS 
operations in the 1395-1400 MHz and 1427-1432 MHz bands. The locations 
of government

[[Page 41129]]

systems in these bands are specified in footnotes US351 and US352 of 
Sec.  2.106 of this chapter.


Sec.  Sec.  95.2311-95.2323  [Reserved]


Sec.  95.2325  WMTS interference.

    Authorized health care providers, in conjunction with the equipment 
manufacturers, must cooperate in the selection and use of frequencies 
in order to reduce the potential for interference with other wireless 
medical telemetry devices, or other co-primary users. However, WMTS 
operations in the 608-614 MHz band are not entitled to protection from 
adjacent band interference from broadcast television stations 
transmitting on TV Channels 36 and 38.


Sec.  Sec.  95.2327-95.2329  [Reserved]


Sec.  95.2331  Permissible WMTS uses.

    WMTS transmitters are used to transmit wireless medical telemetry, 
on a unidirectional or bidirectional basis. All transmissions must be 
related to the provision of medical care.


Sec.  95.2333  Prohibited WMTS uses.

    Operators of WMTS transmitters must not use them for any purpose 
not set forth in Sec.  95.2331 or in a manner prohibited in this 
section.
    (a) WMTS transmitters must not be operated in moving vehicles, such 
as ambulances, even if the vehicles are associated with a health care 
facility.
    (b) The operation of a wireless medical telemetry transmitter under 
this part is authorized anywhere within a health care facility provided 
the facility is located anywhere Personal Radio Service station 
operation is permitted under Sec. Sec.  95.307 and 95.309. Operation in 
any other area outside of such health care facilities is prohibited.
    (c) WMTS transmitters must not be used to transmit voice or video 
communications. Medical waveforms, such as electrocardiograms, are not 
considered to be video for the purpose of this section.


Sec.  Sec.  95.2335-95.2345  [Reserved]


Sec.  95.2347  WMTS automatic control.

    Notwithstanding the provisions of Sec.  95.347, WMTS operations may 
be conducted under manual or automatic control.


Sec.  Sec.  95.2349-95.2355  [Reserved]


Sec.  95.2357  WMTS duration of transmissions.

    WMTS operations may be conducted on a continuous basis, 
notwithstanding the provisions of Sec.  95.357.


Sec.  95.2359  [Reserved]


Sec.  95.2361  WMTS transmitter certification.

    (a) WMTS transmitters (transmitters that operate or are intended to 
operate in the WTMS) must be certified in accordance with this subpart 
and the provisions of part 2, subpart J of this chapter.
    (b) A grant of equipment certification for the WMTS will not be 
issued for any WMTS transmitter type that fails to comply with the 
applicable rules in this subpart.


Sec.  95.2363  WMTS frequency bands and channels.

    The channels listed in this section are allotted for shared use in 
the WMTS and channels will not be assigned for exclusive use of any 
entity.
    (a) WMTS transmitter types must operate in one or more of these 
frequency bands:
    (1) 608-614 MHz (co-primary);
    (2) 1395-1400 MHz (co-primary); or,
    (3) 1427-1429.5 MHz (co-primary) and 1429.5-1432 MHz (secondary), 
except at the locations listed in Sec.  90.259(b)(4) of this chapter 
where WMTS transmitters may operate in the 1429-1431.5 MHz frequency 
band on a primary basis and in the 1427-1429 MHz and 1431.5-1432 MHz 
bands on a secondary basis. See note US350 to the Table of Frequency 
Allocations in Sec.  2.106 of this chapter for additional details.
    (b) WMTS transmitter types utilizing broadband technologies (such 
as spread spectrum modulation) in the 608-614 MHz frequency band must 
be capable of using one or more of the following 1.5 MHz bandwidth 
channels (a maximum of 6 MHz bandwidth). Such transmitter types must be 
designed to use the minimum number of channels necessary to avoid 
harmful interference to other WMTS devices.
(1) 608.0-609.5 MHz
(2) 609.5-611.0 MHz
(3) 611.0-612.5 MHz
(4) 612.5-614.0 MHz

    (c) In the 1395-1400 MHz and 1427-1432 MHz bands, no specific 
channels are specified. Wireless medical telemetry devices may operate 
on any channel within the bands authorized for wireless medical 
telemetry use in this part.


Sec.  95.2365  WMTS frequency accuracy.

    Manufacturers of wireless medical telemetry devices are responsible 
for ensuring frequency accuracy such that all emissions are maintained 
within the designated bands of operation under all of the 
manufacturer's specified conditions.


Sec.  95.2367  [Reserved]


Sec.  95.2369  WMTS field strength limits.

    Each WMTS transmitter type must satisfy the field strength limits 
in this section.
    (a) For WMTS transmitter types operating in the 608-614 MHz band, 
the field strength of the transmitted signal must not exceed 200 mV/m, 
measured at a distance of 3 meters, using instrumentation with a CISPR 
quasi-peak detector.
    (b) For WMTS transmitter types operating in the 1395-1400 MHz and 
1427-1432 MHz bands, the field strength of the transmitted signal must 
not exceed 740 mV/m, measured at 3 meters, using instrumentation with 
an averaging detector and a 1 MHz reference bandwidth.


Sec.  Sec.  95.2371-95.2377  [Reserved]


Sec.  95.2379  WMTS unwanted emissions limits.

    Each WMTS transmitter type must be designed to comply with the 
requirements in this paragraph.
    (a) Unwanted emissions on frequencies below 960 MHz must not exceed 
200 [mu] V/m, measured at a distance of 3 meters using measuring 
instrumentation with a CISPR quasi-peak detector.
    (b) Unwanted emissions on frequencies above 960 MHz must not exceed 
500 [mu] V/m, measured at a distance of 3 meters using measuring 
equipment with an averaging detector and a 1 MHz measurement bandwidth.


Sec.  Sec.  95.2381-95.2383  [Reserved]


Sec.  95.2385  WMTS RF exposure evaluation.

    Portable devices as defined in Sec.  2.1093(b) of this chapter 
operating in the WMTS are subject to radio frequency radiation exposure 
requirements as specified in Sec. Sec.  1.1307(b) and 2.1093 of this 
chapter. Applications for equipment authorization of WMTS devices must 
contain a statement confirming compliance with these requirements. 
Technical information showing the basis for this statement must be 
submitted to the Commission upon request.


Sec.  Sec.  95.2387-95.2391  [Reserved]


Sec.  95.2393  WMTS labeling requirements.

    Each WMTS device must be labeled with the following statement: 
``Operation of this equipment requires the prior coordination with a 
frequency coordinator designated by the FCC for the Wireless Medical 
Telemetry Service.''

[[Page 41130]]

Sec.  95.2395  WMTS disclosure.

    Manufacturers, installers and users of WMTS equipment are cautioned 
that the operation of this equipment could result in harmful 
interference to other nearby medical devices.


Sec.  Sec.  95.2397-95.2499  [Reserved]

Subpart I--Medical Device Radio Communications Service


Sec.  95.2501  Scope.

    This subpart contains rules that apply only to the Medical Device 
Radio Communications (MedRadio) Service.


Sec.  95.2503  Definitions, MedRadio.

    Duly authorized health care professional. A physician or other 
individual authorized under State or Federal law to provide health care 
services.
    Medical Body Area Network (MBAN). An MBAN is a low power network 
consisting of a MedRadio programmer/control transmitter and one or more 
medical body-worn devices all of which transmit or receive non-voice 
data or related device control commands for the purpose of measuring 
and recording physiological parameters and other patient information or 
performing diagnostic or therapeutic functions via radiated bi-
directional or uni-directional electromagnetic signals
    Medical body-worn device. Apparatus that is placed on or in close 
proximity to the human body (e.g., within a few centimeters) for the 
purpose of performing diagnostic or therapeutic functions.
    Medical body-worn transmitter. A MedRadio transmitter intended to 
be placed on or in close proximity to the human body (e.g., within a 
few centimeters) used to facilitate communications with other medical 
communications devices for purposes of delivering medical therapy to a 
patient or collecting medical diagnostic information from a patient.
    Medical Device Radio Communications (MedRadio) Service. An ultra-
low power radio service for the transmission of non-voice data for the 
purpose of facilitating diagnostic and/or therapeutic functions 
involving implanted and body-worn medical devices.
    Medical implant device. Apparatus that is placed inside the human 
body for the purpose of performing diagnostic or therapeutic functions.
    Medical implant event. An occurrence or the lack of an occurrence 
recognized by a medical implant device, or a duly authorized health 
care professional, that requires the transmission of data from a 
medical implant transmitter in order to protect the safety or well-
being of the person in whom the medical implant transmitter has been 
implanted.
    Medical implant transmitter. A MedRadio transmitter in which both 
the antenna and transmitter device are designed to operate within a 
human body for the purpose if facilitating communications from a 
medical implant device.
    Medical Micropower Network (MMN). An ultra-low power wideband 
network consisting of a MedRadio programmer/control transmitter and 
medical implant transmitters, all of which transmit or receive non-
voice data or related device control commands for the purpose of 
facilitating functional electric stimulation, a technique using 
electric currents to activate and monitor nerves and muscles.
    MedRadio channel. Any continuous segment of spectrum that is equal 
to the MedRadio emission bandwidth of the device with the largest 
bandwidth that is to participate in a MedRadio communications session.
    MedRadio communications session. A collection of transmissions, 
that may or may not be continuous, between MedRadio system devices.
    MedRadio emission bandwidth. The difference in frequency between 
the nearest points on either side of the carrier center frequency where 
the emission power is at least 20 dB below the maximum level of the 
modulated carrier power, measured using instrumentation employing a 
peak detector function and a resolution bandwidth approximately equal 
to 1% of the emission bandwidth.
    MedRadio equivalent isotropically radiated power (M-EIRP). Antenna 
input power times gain for free-space or in-tissue measurement 
configurations required for MedRadio equipment, expressed in Watts, 
where the gain is referenced to an isotropic radiator.
    MedRadio programmer/control transmitter. A MedRadio transmitter 
that operates or is designed to operate outside of a human body for the 
purpose of communicating with a receiver, or for triggering a 
transmitter, connected to a medical implant device or to a medical 
body-worn device used in the MedRadio Service; and which also typically 
includes a frequency monitoring system that initiates a MedRadio 
communications session.


Sec.  95.2505  MedRadio operator eligibility.

    Only the following persons are eligible to operate transmitters in 
the MedRadio Service:
    (a) Duly authorized health care professionals are permitted to 
operate MedRadio transmitters.
    (b) Individuals may also operate MedRadio transmitters that they 
use at the direction of a duly authorized health care professional. 
This includes medical devices that have been implanted in or placed on 
the body of the individual by, or under the direction of, a duly 
authorized health care professional.
    (c) Manufacturers of medical devices that include MedRadio 
transmitters, and their representatives, are eligible to operate 
MedRadio transmitters for the purpose of demonstrating such equipment 
to duly authorized health care professionals.


Sec.  95.2507  MBAN devices restricted to indoor operation within a 
health care facility.

    Use of Medical Body Area Network (MBAN) devices in the 2360-2390 
MHz band is restricted to indoor operation within a health care 
facility registered with the MBAN frequency coordinator under Sec.  
95.2509. For the purposes of this subpart, health care facilities are 
limited to hospitals and other establishments, both Federal and non-
Federal, that offer services, facilities and beds for use beyond a 24 
hour period in rendering medical treatment.


Sec.  95.2509  MBAN registration and frequency coordination.

    Operation of Medical Body Area Network (MBAN) devices is subject to 
the frequency coordination procedures in this section.
    (a) The FCC will designate a frequency coordinator(s) to manage the 
operation of medical body area networks by eligible health care 
facilities.
    (b) The frequency coordinator shall perform the following 
functions:
    (1) Register health care facilities that operate MBAN transmitters, 
maintain a database of these MBAN transmitter locations and operational 
parameters, and provide the FCC with information contained in the 
database upon request;
    (2) Determine if an MBAN is within line-of-sight of an Aeronautical 
Mobile Telemetry (AMT) receive facility in the 2360-2390 MHz band and 
coordinate MBAN operations with the designated AMT frequency 
coordinator, as specified in Sec.  87.305 of this chapter;
    (3) Notify a registered health care facility when an MBAN has to 
change frequency within the 2360-2390 MHz band or to cease operating in 
the band, consistent with a coordination agreement between the MBAN and 
AMT frequency coordinators;
    (4) Develop procedures to ensure that registered health care 
facilities operate an MBAN consistent with the coordination 
requirements under this section; and,

[[Page 41131]]

    (5) Identify the MBAN that is the source of interference in 
response to a complaint from the AMT coordinator and notify the health 
care facility of alternative frequencies available for MBAN use or to 
cease operation consistent with the rules.
    (c) Registration. Prior to operating MBAN devices that are capable 
of operation in the 2360-2390 MHz band, a health care facility must 
register with a frequency coordinator designated under Sec.  95.2509. 
Operation of MBAN devices in the 2360-2390 MHz band is prohibited prior 
to the MBAN coordinator notifying the health care facility that 
registration and coordination (to the extent coordination is required 
under paragraph (e) of this section) is complete. The registration must 
include the following information:
    (1) Specific frequencies or frequency range(s) within the 2360-2390 
MHz band to be used, and the capabilities of the MBAN equipment to use 
the 2390-2400 MHz band;
    (2) Equivalent isotropically radiated power;
    (3) Number of MedRadio programmer/control transmitters in use at 
the health care facility as of the date of registration, including 
manufacturer name(s) and model number(s) and FCC identification 
number(s);
    (4) Legal name of the health care facility;
    (5) Location of MedRadio programmer/control transmitters (e.g., 
geographic coordinates, street address, building);
    (6) Point of contact for the health care facility (e.g., name, 
title, office address, phone number, fax number, email address); and,
    (7) In the event that an MBAN has to cease operating in all or a 
portion of the 2360-2390 MHz band due to interference under Sec.  
95.2525 or changes in coordination under paragraph (e) of this section, 
a point of contact (including contractors) for the health care facility 
that is responsible for ensuring that this change is effected whenever 
it is required (e.g., name, title, office address, phone number, fax 
number, email address). The health care facility also must state 
whether, in such cases, its MBAN operation is capable of defaulting to 
the 2390-2400 MHz band and that it is responsible for ceasing MBAN 
operations in the 2360-2390 MHz band or defaulting traffic to other 
hospital systems.
    (d) Notification. A health care facility shall notify the MBAN 
frequency coordinator whenever an MBAN programmer/control transmitter 
in the 2360-2390 MHz band is permanently taken out of service, unless 
it is replaced with transmitter(s) using the same technical 
characteristics as those reported on the health care facility's 
registration, which will cover the replacement transmitter(s). A health 
care facility shall keep the information contained in each registration 
current and shall notify the MBAN frequency coordinator of any material 
change to the MBAN's location or operating parameters. In the event 
that the health care facility proposes to change the MBAN's location or 
operating parameters, the MBAN coordinator must first evaluate the 
proposed changes and comply with paragraph (e) of this section as 
appropriate before the health care facility may operate the MBAN in the 
2360-2390 MHz band under changed operating parameters.
    (e) Coordination procedures. The MBAN coordinator will determine if 
an MBAN is within the line-of-sight of an AMT receive facility in the 
2360-2390 MHz band and notify the health care facility when it may 
begin MBAN operations under the applicable procedures below.
    (1) If the MBAN is beyond the line-of-sight of an AMT receive 
facility, it may operate without prior coordination with the AMT 
coordinator, provided that the MBAN coordinator provides the AMT 
coordinator with the MBAN registration information and the AMT 
frequency coordinator concurs that the MBAN is beyond the line-of-sight 
prior to the MBAN beginning operations in the band.
    (2) If the MBAN is within line-of-sight of an AMT receive facility, 
the MBAN coordinator shall achieve a mutually satisfactory coordination 
agreement with the AMT coordinator prior to the MBAN beginning 
operations in the band. Such coordination agreement shall provide 
protection to AMT receive stations consistent with International 
Telecommunication Union (ITU) Recommendation ITU-R M.1459, ``Protection 
criteria for telemetry systems in the aeronautical mobile service and 
mitigation techniques to facilitate sharing with geostationary 
broadcasting-satellite and mobile-satellite services in the bands 1 
452-1 525 and 2 310-2 360 MHz,'' May 2000, as adjusted using generally 
accepted engineering practices and standards that are mutually 
agreeable to both coordinators to take into account the local 
conditions and operating characteristics of the applicable AMT and MBAN 
facilities, and shall specify when the device shall limit its 
transmissions to segments of the 2360-2390 MHz band or must cease 
operation in the band. This ITU document is incorporated by reference 
into this section with the approval of the Director of the Federal 
Register under 5 U.S.C. 552(a) and 1 CFR part 5 1. To enforce any 
edition other than that specified in this section, the Federal 
Communications Commission must publish a document in the Federal 
Register and the material must be available to the public. Copies of 
the recommendation may be obtained from ITU, Place des Nations, 1211 
Geneva 20, Switzerland, or online at http://www.itu.int/en/publications/Pages/default.aspx. You may inspect a copy at the Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. ``Generally accepted 
engineering practices and standards'' include, but are not limited to, 
engineering analyses and measurement data as well as limiting MBAN 
operations in the band by time or frequency.
    (3) If an AMT operator plans to operate a receive site not 
previously analyzed by the MBAN coordinator to determine line-of-sight 
to an MBAN facility, the AMT operator shall consider using locations 
that are beyond the line-of-sight of a registered health care facility. 
If the AMT operator determines that non-line-of-sight locations are not 
practical for its purposes, the AMT coordinator shall notify the MBAN 
coordinator upon no less than 7 days notice that the registered health 
care facility must cease MBAN operations in the 2360-2390 MHz band, 
unless the parties can achieve a mutually satisfactory coordination 
agreement under paragraph (e)(2) of this section.
    (f) Coordinator functions. The MBAN frequency coordinator shall:
    (1) Provide registration and coordination of MBAN operations to all 
eligible health care facilities on a non-discriminatory basis;
    (2) Provide MBAN registration and coordination services on a not-
for-profit basis;
    (3) Notify the FCC of its intent to no longer serve as frequency 
coordinator at least six months prior to ceasing to perform these 
functions; and
    (4) Transfer the MBAN registration data in usable form to a 
frequency coordinator designated by the FCC if it ceases to be the 
coordinator.

[[Page 41132]]

Sec.  95.2511-95.2521  [Reserved]


Sec.  95.2523  MedRadio transmitter inspection.

    Any non-implanted MedRadio transmitter must be made available for 
inspection upon request by an authorized FCC representative. Persons 
operating implanted or body-worn MedRadio transmitters shall cooperate 
reasonably with duly authorized FCC representatives in the resolution 
of interference.


Sec.  95.2525  MedRadio interference.

    (a) To reduce interference and make the most efficient use of the 
authorized facilities, MedRadio transmitters must share the spectrum in 
accordance with Sec.  95.2559.
    (b) MedRadio operations must not cause harmful interference to, and 
must accept any interference from, stations operating in the 400.150-
406.000 MHz band in the Meteorological Aids, Meteorological Satellite 
or Earth Exploration Satellite Services, and other authorized stations 
operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, 451-457 MHz, 
and 2360-2400 MHz bands. MedRadio programmer/control transmitters must 
have the ability to operate in the presence of primary and secondary 
users in the 413-419 MHz, 426-432 MHz, 438-444 MHz, 451-457 MHz, and 
2360-2400 MHz bands.


Sec.  95.2527-95.2529  [Reserved]


Sec.  95.2531  Permissible MedRadio uses.

    MedRadio programmer/control transmitters may be operated only for 
the uses set forth in this section.
    (a) MedRadio programmer/control transmitters may transmit only non-
voice data containing operational, diagnostic and therapeutic 
information associated with a medical implant device or medical body-
worn device that has been implanted or placed on the person by or under 
the direction of a duly authorized health care professional.
    (b) MedRadio programmer/control transmitters may be operated for 
the purposes of testing and demonstrating MedRadio operation to health 
care professionals.


Sec.  95.2533  Prohibited MedRadio uses.

    MedRadio Service transmitters must not be operated for uses other 
than those set forth in Sec.  95.2531.
    (a) Voice communications are prohibited in the MedRadio Service.
    (b) MedRadio programmer/control transmitters may not be used to 
relay information in the 401-406 MHz band to a receiver that is not 
included with a medical implant or medical body-worn device. Wireless 
retransmission of information intended to be transmitted by a MedRadio 
programmer/control transmitter or information received from a medical 
implant or medical body-worn transmitter shall be performed using other 
radio services that operate in spectrum outside of the 401-406 MHz 
band.
    (c) MedRadio programmer/control transmitters and medical implant 
transmitters may not be used to relay information in the 413-419 MHz, 
426-432 MHz, 438-444 MHz, and 451-457 MHz bands to a receiver that is 
not a part of the same Medical Micropower Network (MMN). Wireless 
retransmission of information to a receiver that is not part of the 
same MMN must be performed using other radio services that operate in 
spectrum outside of the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-
457 MHz bands. Notwithstanding the above restrictions, a MedRadio 
programmer/control transmitter of an MMN may communicate with a 
MedRadio programmer/control transmitter of another MMN to coordinate 
transmissions, so as to avoid interference between the two MMNs.
    (d) Medical body-worn transmitters may relay only information in 
the 2360-2400 MHz band to a MedRadio programmer/control transmitter or 
another medical body-worn transmitter device that is part of the same 
Medical Body Area Network (MBAN). A MedRadio programmer/control 
transmitter must not be used to relay information in the 2360-2400 MHz 
band to other MedRadio programmer/control transmitters. Wireless 
retransmission of all other information from an MBAN transmitter to a 
receiver that is not a part of the same MBAN shall be performed using 
other radio services that operate in spectrum outside of the 2360-2400 
MHz band. Notwithstanding the above restriction, a MedRadio programmer/
control transmitter in the 2360-2400 MHz band may communicate with 
another MedRadio programmer/control transmitter in the 2360-2400 MHz 
band to coordinate transmissions so as to avoid interference between 
the two MBANs.
    (e) Except as provided in Sec.  95.2559(b), no MedRadio implant or 
body-worn transmitter shall transmit except in response to--
    (1) A transmission from a MedRadio programmer/control transmitter; 
or
    (2) A non-radio frequency actuation signal generated by a device 
external to the body with respect to which device the MedRadio implant 
or body-worn transmitter is used.


Sec.  95.2535  MedRadio equipment certification exception.

    Non-certified medical implant or medical body-worn transmitters 
that are not marketed for use in the United States, but which otherwise 
comply with the technical requirements in this subpart, may be used by 
individuals who travel to the United States.


Sec.  95.2537-95.2539  [Reserved]


Sec.  95.2541  MedRadio outdoor antenna restrictions.

    The antenna for a MedRadio transmitter, other than a MedRadio 
transmitter operating in the 2390-2400 MHz band, must not be configured 
for permanent outdoor use. Furthermore, except for MedRadio operations 
in the 2390-2400 MHz band, any MedRadio antenna used outdoors must not 
be affixed to any structure for which the height to the tip of the 
antenna would exceed three meters (9.8 feet) above ground level.


Sec.  95.2543-95.2545  [Reserved]


Sec.  95.2547  MedRadio automatic control.

    Notwithstanding the provisions of Sec.  95.347, MedRadio 
transmitters may be operated under automatic control or manual control.


Sec.  95.2549  MedRadio network connection.

    MedRadio programmer/control transmitters may be interconnected with 
other telecommunications systems including the public switched network.


Sec.  95.2551-95.2555  [Reserved]


Sec.  95.2557  MedRadio duration of transmissions.

    For the purpose of facilitating MedRadio system operation during a 
MedRadio communications session, the duration of transmissions is to be 
limited in accordance with this section.
    (a) MedRadio transmitters may transmit in the 401-406 MHz band in 
accordance with the provisions of Sec.  95.2559(a) for no more than 5 
seconds without the communications of data.
    (b) MedRadio transmitters may transmit in the 401-406 MHz band in 
accordance with the provisions of Sec.  95.2559(b)(2) and (3) for no 
more than 3.6 seconds in total within a one hour time period without 
the communications of data.
    (c) MedRadio transmitters may transmit in the 401-406 MHz band in 
accordance with the provisions of Sec.  95.2559(b)(4) for no more than 
360 milliseconds in total within a one hour

[[Page 41133]]

time period without the communications of data.
    (d) MedRadio programmer/control transmitters operating in the 413-
419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands shall not 
transmit with a duty cycle greater than 3 percent.


Sec.  95.2559  MedRadio channel access requirements.

    To reduce interference and make the most effective use of the 
MedRadio frequency bands, MedRadio transmitter types must be designed 
to operate in accordance with the rules in this section.
    (a) Frequency monitoring in the 401-406 MHz band. Except as 
provided in paragraph (b) of this section, all MedRadio programmer/
control transmitters operating in the 401-406 MHz band must operate 
under the control of a monitoring system that incorporates a mechanism 
for monitoring the channel or channels that the MedRadio system devices 
intend to occupy. The monitoring system antenna shall be the antenna 
normally used by the programmer/control transmitter for a MedRadio 
communications session. Before the monitoring system of a programmer/
control transmitter initiates a MedRadio communications session, the 
following access criteria must be met:
    (1) The monitoring system bandwidth, measured at its 20 dB down 
points, must be equal to or greater than the MedRadio emission 
bandwidth of the intended transmission.
    (2) Within 5 seconds prior to initiating a MedRadio communications 
session, circuitry associated with a MedRadio programmer/control 
transmitter must monitor the channel or channels the system devices 
intend to occupy for a minimum of 10 milliseconds per channel.
    (3) The monitoring threshold power level, PMT, in dBm, 
is calculated using the following formula.

PMT = 10 log B-150 (dBm/Hz) + G


Where:
    (i) B is the MedRadio emission bandwidth in Hertz of the MedRadio 
communications session transmitter having the widest emission; and,
    (ii) G is the MedRadio programmer/control transmitter monitoring 
system antenna gain, in decibels, relative to the gain of an isotropic 
antenna (dBi).
    (4) For the purposes of showing compliance with the above 
provisions, the above calculated threshold power level must be 
increased or decreased by an amount equal to the monitoring system 
antenna gain above or below the gain of an isotropic antenna, 
respectively.
    (5) If no signal above the monitoring threshold power level is 
detected in a MedRadio channel, the MedRadio programmer/control 
transmitter may initiate on that channel a MedRadio communications 
session involving transmissions to and from a medical implant or 
medical body-worn device. The MedRadio communications session may 
continue as long as any silent period between consecutive data 
transmission bursts does not exceed 5 seconds. If no channel meeting 
the requirements in paragraphs (a)(3) and (4) of this section is 
available, MedRadio transmitters that are capable of operating on 
multiple channels may transmit on the alternate channel accessible by 
the device with the lowest monitored ambient power level.
    (6) When a channel is selected prior to a MedRadio communications 
session, it is permissible to select an alternate authorized channel 
for use if communications are interrupted, provided that the alternate 
channel selected is the next best choice using the above criteria. The 
alternate channel may be accessed in the event a communications session 
is interrupted by interference. The following criteria must be met:
    (i) Before transmitting on the alternate channel, the channel must 
be monitored for a period of at least 10 milliseconds.
    (ii) The detected power level during this 10 millisecond or greater 
monitoring period must be no higher than 6 dB above the power level 
detected when the channel was chosen as the alternate channel.
    (iii) In the event that this alternate channel provision is not 
used by the MedRadio system, or if the criteria in paragraphs (a)(6)(i) 
and (ii) of this section are not met, any alternate authorized channel 
must be selected using the access criteria specified in paragraphs 
(a)(1) through (5) of this section.
    (7) Except as provided in paragraph (b) of this section, MedRadio 
transmitters that operate on a single channel and thus do not have the 
capability of operating on alternate channels may not transmit unless 
no signal on the single channel of operation exceeds the monitoring 
threshold power level.
    (b) Exceptions to frequency monitoring in the 401-406 MHz band. 
MedRadio devices or communications sessions that meet any one of the 
following criteria are not required to be operated in accordance with 
the access rules set forth in paragraph (a) of this section:
    (1) MedRadio communications sessions that are initiated by a 
medical implant event.
    (2) MedRadio devices operating in either the 401-401.85 MHz or 405-
406 MHz bands, provided that the transmit power is not greater than 250 
nanowatts EIRP and the duty cycle for such transmissions does not 
exceed 0.1%, based on the total transmission time during a one-hour 
interval, and a maximum of 100 transmissions per hour.
    (3) MedRadio devices operating in the 401.85-402 MHz band, provided 
that the transmit power is not greater than 25 microwatts EIRP and the 
duty cycle for such transmissions does not exceed 0.1%, based on the 
total transmission time during a one-hour interval, and a maximum of 
100 transmissions per hour.
    (4) MedRadio devices operating with a total emission bandwidth not 
exceeding 300 kHz, centered at 403.65 MHz, provided that the transmit 
power is not greater than 100 nanowatts EIRP and the duty cycle for 
such transmissions does not exceed 0.01%, based on the total 
transmission time during a one-hour interval and a maximum of 10 
transmissions per hour.
    (c) Shared access. The provisions of this section shall not be used 
to extend the range of spectrum occupied over space or time for the 
purpose of denying fair access to spectrum for other MedRadio systems.
    (d) Frequency monitoring in the 413-419 MHz, 426-432 MHz, 438-444 
MHz, and 451-457 MHz bands. MedRadio programmer/control transmitters 
must incorporate a mechanism for monitoring the authorized bandwidth of 
the frequency band that the MedRadio transmitters intend to occupy. The 
monitoring system antenna shall be the same antenna used by the 
programmer/control transmitter for a communications session.
    (1) The MedRadio programmer/control transmitter shall be capable of 
monitoring any occupied frequency band at least once every second and 
monitoring alternate frequency bands within two seconds prior to 
executing a change to an alternate frequency band.
    (2) The MedRadio programmer/control transmitter shall move to 
another authorized frequency band within one second of detecting a 
persistent (i.e., lasting more than 50 milliseconds) signal level 
greater than -60 dBm as received by a 0 dBi gain antenna in any 12.5 
kHz bandwidth within the authorized bandwidth.
    (3) The MedRadio programmer/control transmitter shall be capable of 
monitoring the authorized bandwidth of

[[Page 41134]]

the occupied frequency band to determine whether either direction of 
the communications link is becoming degraded to the extent that 
communications is likely to be lost for more than 45 milliseconds. Upon 
making such a determination the MedRadio programmer/control transmitter 
shall move to another authorized frequency band.
    (e) System shutdown. MedRadio transmitters shall incorporate a 
programmable means to implement a system shutdown process in the event 
of communication failure, on command from the MedRadio programmer/
control transmitter, or when no authorized alternate frequency band is 
available. The shutdown process shall commence within 45 milliseconds 
after loss of the communication link or receipt of the shutdown command 
from the MedRadio programmer/control transmitter. This requirement does 
not apply to MedRadio operations in the 401-406 MHz band.
    (f) Requirements for MBAN Networks. A MedRadio programmer/control 
transmitter and its associated medical body-worn transmitters shall not 
commence operating in, and shall automatically cease operating in, the 
2360-2390 MHz band if the programmer/control transmitter does not 
receive, in accordance with the protocols specified by the 
manufacturer, a control message permitting such operation. Medical 
body-worn transmitters shall cease operating in 2360-2390 MHz if they 
lose communication with their associated programmer/control 
transmitter. Additionally, a MedRadio programmer/control transmitter 
and its associated medical body-worn transmitters operating in the 
2360-2390 MHz band shall comply with a control message that notifies 
the devices to limit transmissions to segments of the 2360-2390 MHz 
band or to cease operation in the band.


Sec.  95.2561  MedRadio transmitter certification.

    (a) Except as provided Sec.  95.2535, each MedRadio transmitter (a 
transmitter that operates or is intended to operate as a station in the 
MedRadio Service) must be certified in accordance with this subpart and 
part 2 of this chapter.
    (b) A grant of equipment certification for the MedRadio Service 
will not be issued for any MedRadio transmitter type that fails to 
comply with all of the applicable rules in this subpart.


Sec.  95.2563  MedRadio frequency bands.

    MedRadio transmitters operate in the 401-406 MHz, 413-419 MHz, 426-
432 MHz, 438-444 MHz, 451-457 MHz, and 2360-2400 MHz bands. The FCC 
does not specify a channeling scheme for MedRadio systems.
    (a) MedRadio transmitters associated with medical implant devices, 
which incorporate a frequency monitoring system as set forth in Sec.  
95.2559(a), may transmit on any frequency in the 401-406 MHz band.
    (b) MedRadio transmitters associated with medical implant devices, 
which do not incorporate a frequency monitoring system as set forth in 
Sec.  95.2559(a), may transmit on any frequency in the 401-402 MHz or 
405-406 MHz bands, or on the frequency 403.65 MHz in the 402-405 MHz 
band.
    (c) MedRadio transmitters associated with medical body-worn 
devices, regardless of whether a frequency monitoring system as set 
forth in Sec.  95.2559(a) is employed, may transmit on any frequency in 
the 401-402 MHz or 405-406 MHz bands.
    (d) MedRadio transmitters that are used externally to evaluate the 
efficacy of a more permanent medical implant device, regardless of 
whether a frequency monitoring system as set forth in Sec.  95.2559(a) 
is employed, may operate on any frequency in the 402-405 MHz band, 
provided that:
    (1) Such external body-worn operation is limited solely to 
evaluating with a patient the efficacy of a fully implanted permanent 
medical device that is intended to replace the temporary body-worn 
device;
    (2) RF transmissions from the external device must cease following 
the patient evaluation period, which may not exceed 30 days, except 
where a health care practitioner determines that additional time is 
necessary due to unforeseen circumstances;
    (3) The maximum output power of the temporary body-worn device must 
not exceed 200 nW EIRP; and
    (4) The temporary body-worn device must comply fully with all other 
MedRadio rules applicable to medical implant device operation in the 
402-405 MHz band.
    (e) Only MedRadio transmitters that are part of a Medical 
Micropower Network (MMN) may operate in the 413-419 MHz, 426-432 MHz, 
438-444 MHz, and 451-457 MHz bands. Each MedRadio transmitter that is 
part of an MMN must be capable of operating in each of the following 
bands: 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz. All 
MedRadio transmitters that are part of a single MMN must operate in the 
same band.
    (f) Only MedRadio transmitters that are part of a Medical Body Area 
Network (MBAN) may operate in the 2360-2400 MHz band.


Sec.  95.2565  MedRadio frequency accuracy.

    Each MedRadio transmitter type must be designed to maintain a 
frequency stability of 100 ppm of the operating frequency 
over the applicable temperature range set forth in this section. 
Frequency stability testing shall be performed over the appropriate 
temperature range.
    (a) 25 [deg]C to 45 [deg]C in the case of medical implant 
transmitters; and
    (b) 0 [deg]C to 55 [deg]C in the case of MedRadio programmer/
control transmitters and medical body-worn transmitters.


Sec.  95.2567  MedRadio radiated power limits.

    Each MedRadio transmitter type must be designed such that the 
MedRadio equivalent isotropically radiated power (M-EIRP) does not 
exceed the limits in this section. Compliance with these limits must be 
determined as set forth in Sec.  95.2569.
    (a) Transmitters subject to frequency monitoring--401-406 MHz. For 
MedRadio transmitters that are not excepted under Sec.  95.2559(b) from 
the frequency monitoring requirements of Sec.  95.2559(a):
    (1) The M-EIRP within any 300 kHz bandwidth within the 402-405 MHz 
band must not exceed 25 microwatts.
    (2) The M-EIRP within any 100 kHz bandwidth within the 401-402 MHz 
or 405-406 MHz bands must not exceed 25 microwatts.
    (b) Transmitters excepted from frequency monitoring--401-402 MHz 
and 405-406 MHz. For MedRadio transmitters that are excepted under 
Sec.  95.2559(b)(2) or (3) from the frequency monitoring requirements 
of Sec.  95.2559(a):
    (1) The M-EIRP of any transmitter operating in the 401-401.85 MHz 
or 405-406 MHz bands must not exceed 250 nanowatts in any 100 kHz 
bandwidth.
    (2) The M-EIRP of any transmitter operating in the 401.85-402 MHz 
band must not exceed 25 microwatts in any 150 kHz bandwidth.
    (c) Transmitters excepted from frequency monitoring--403.65 MHz. 
For MedRadio transmitters that are excepted under Sec.  95.2559(b)(4) 
from the frequency monitoring requirements of Sec.  95.2559(a), the M-
EIRP must not exceed 100 nanowatts in the 300 kHz bandwidth centered at 
403.65 MHz.
    (d) Transmitters--other frequency bands. For MedRadio transmitters 
operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, or 451-457 MHz 
bands:
    (1) The peak M-EIRP over the frequency bands of operation must not

[[Page 41135]]

exceed the lesser of zero dBm (1 mW) or 10 log (B)-7.782 dBm, where B 
is the MedRadio 20 dB emission bandwidth in megahertz.
    (2) The peak power spectral density must not exceed 800 microwatts 
per megahertz in any one megahertz band.
    (e) Transmitters--2360-2390 MHz band. For MedRadio transmitters 
operating in the 2360-2390 MHz band, the M-EIRP over the bands of 
operation must not exceed the lesser of zero dBm (1 mW) or 10 log (B) 
dBm, where B is the MedRadio 20 dB emission bandwidth in megahertz.
    (f) Transmitters--2390-2400 MHz band. For MedRadio transmitters 
operating in the 2390-2400 MHz band, the M-EIRP over the bands of 
operation must not exceed the lesser of 13 dBm (20 mW) or 16 + 10 log 
(B) dBm, where B is the MedRadio 20 dB emission bandwidth in megahertz.


Sec.  95.2569  MedRadio field strength measurements.

    Compliance with MedRadio equivalent isotropic radiated power (M-
EIRP) limits can be determined by measuring the radiated field strength 
from the transmitter type, in accordance with the rules in this 
section.
    (a) Radiated field strength values corresponding to the M-EIRP 
limits in Sec.  95.2567 are given in the table in this paragraph, for 
an open area test site, and for a test site equivalent to free space, 
such as a fully anechoic test chamber. Field strength is measured at a 
distance of 3 meters from the equipment under test.

------------------------------------------------------------------------
                                                 Open  area  Free  space
                 M-EIRP limit                      (mV/m)       (mV/m)
------------------------------------------------------------------------
1 mW..........................................        115.1        57.55
25 [mu]W......................................         18.2          9.1
250 nW........................................          1.8          0.9
100 nW........................................          1.2          0.6
------------------------------------------------------------------------

    (b) Compliance with the maximum transmitter power requirements in 
Sec.  95.2567 is based on measurements using a peak detector function 
and measured over an interval of time when transmission is continuous 
and at its maximum power level. In lieu of using a peak detector 
function, measurement procedures that have been found to be acceptable 
to the FCC in accordance with Sec.  2.947 of this chapter may be used 
to demonstrate compliance.
    (c) For a MedRadio transmitter intended to be implanted in a human 
body, radiated emissions and M-EIRP measurements for transmissions by 
stations authorized under this section may be made in accordance with 
an FCC-approved human body simulator and test technique. Guidance 
regarding SAR measurement techniques dielectric parameters for the 
tissue-equivalent material can be found in the Office of Engineering 
and Technology (OET) Laboratory Division Knowledge Database (KDB).


Sec.  95.2571  MedRadio emission types.

    A MedRadio station may transmit any emission type appropriate for 
communications in this service. Voice communications, however, are 
prohibited.


Sec.  95.2573  MedRadio authorized bandwidths.

    Each MedRadio transmitter type must be designed such that the 
MedRadio emission bandwidth does not exceed the applicable authorized 
bandwidth set forth in this section.
    (a) For MedRadio transmitters operating in the 402-405 MHz band, 
the maximum authorized bandwidth is 300 kHz. Such transmitters must not 
use more than 300 kHz of bandwidth (total) during a MedRadio 
communications session. This provision does not preclude full duplex or 
half duplex communications provided that the total bandwidth of all of 
the channels employed in a MedRadio communications session does not 
exceed 300 kHz.
    (b) For MedRadio transmitters operating in the 401-401.85 MHz band 
or the 405-406 MHz band, the maximum authorized bandwidth is 100 kHz. 
Such transmitters must not use more than 100 kHz of bandwidth (total) 
during a MedRadio communications session. This provision does not 
preclude full duplex or half duplex communications provided that the 
total bandwidth of all of the channels employed in a MedRadio 
communications session does not exceed 100 kHz.
    (c) For MedRadio transmitters operating in the 401.85-402 MHz band, 
the maximum authorized bandwidth is 150 kHz. Such transmitters must not 
use more than 150 kHz of bandwidth (total) during a MedRadio 
communications session. This provision does not preclude full duplex or 
half duplex communications, provided that the total bandwidth of all of 
the channels employed in a MedRadio communications session does not 
exceed 150 kHz.
    (d) For MedRadio transmitters operating in the 413-419 MHz, 426-432 
MHz, 438-444 MHz or 451-457 MHz bands, the maximum 20 dB authorized 
bandwidth is 6 MHz.
    (e) For MedRadio transmitters operating in the 2360-2400 MHz band, 
the maximum authorized bandwidth is 5 MHz.
    (f) Lesser emission bandwidths may be employed, provided that the 
unwanted emissions are attenuated as provided in Sec.  95.2579. See 
also Sec.  95.2567 regarding maximum radiated power limits, Sec.  
95.2565 on frequency accuracy, Sec.  95.2569 on field strength 
measurements, and Sec.  95.2585 on RF exposure.


Sec.  95.2575-95.2577  [Reserved]


Sec.  95.2579  MedRadio unwanted emissions limits.

    Unwanted emission field strength limits and attenuation 
requirements apply to each MedRadio transmitter type, as set forth in 
this section and part 2.
    (a) Field strength limits. The field strengths of unwanted 
emissions from each MedRadio transmitter type, measured at a distance 
of 3 meters, must not exceed the field strength limits shown in the 
table in this paragraph for the indicated frequency ranges, if the 
frequencies of these emissions are:
    (1) More than 250 kHz outside of the 402-405 MHz band (for devices 
designed to operate in the 402-405 MHz band);
    (2) More than 100 kHz outside of either the 401-402 MHz or 405-406 
MHz bands (for devices designed to operate in the 401-402 MHz or 405-
406 MHz bands);
    (3) In the 406.000-406.100 MHz band (for devices designed to 
operate in the 401-402 MHz or 405-406 MHz bands); or
    (4) More than 2.5 MHz outside of the 413-419 MHz, 426-432 MHz, 438-
444 MHz or 451-457 MHz bands (for devices designed to operate in these 
four bands).
    (5) More than 2.5 MHz outside of the 2360-2400 MHz band (for 
devices designed to operate in the 2360-2400 MHz band).

------------------------------------------------------------------------
                                                                 Field
                    Frequency range (MHz)                      strength
                                                               ([mu]V/m)
------------------------------------------------------------------------
30-88.......................................................         100
88-216......................................................         150
216-960.....................................................         200
960 and above...............................................         500
------------------------------------------------------------------------


Note to table in paragraph (a)(5): At the boundaries between frequency 
ranges, the tighter limit (lower field strength) applies. Below 1 GHz, 
field strength is measured using a CISPR quasi-peak detector. Above 1 
GHz, field strength is measured using an average detector with a 
minimum reference bandwidth of 1 MHz. See also part 2, subpart J of 
this chapter.

[[Page 41136]]

    (b) Harmonic emissions. Radiated unwanted emissions from a MedRadio 
transmitter type must be measured to at least the tenth harmonic of the 
highest fundamental frequency emitted.
    (c) Attenuation requirements, 402-405 MHz. For MedRadio transmitter 
types designed to operate in the 402-405 MHz band, unwanted emissions 
must be attenuated below the maximum permitted transmitter output power 
by at least:
    (1) 20 dB, on any frequency within the 402-405 MHz band that is 
more than 150 kHz away from the center frequency of the occupied 
bandwidth;
    (2) 20 dB, on any frequency between 401.750 MHz and 402.000 MHz, 
and on any frequency between 405 MHz and 405.250 MHz.
    (d) Attenuation requirements, 401-402 MHz, 405-406 MHz. For 
MedRadio transmitter types designed to operate in the 401-402 MHz band 
or 405-406 MHz band, the power of unwanted emissions must be attenuated 
below the transmitter output power by at least:
    (1) 20 dB, on any frequency within the 401-401.85 MHz or 405-406 
MHz bands that is:
    (i) More than 75 kHz away from the center frequency of the occupied 
bandwidth if the MedRadio transmitter type is operating on a frequency 
between 401.85 and 402 MHz; or,
    (ii) More than 50 kHz away from the center frequency of the 
occupied bandwidth and 100 kHz or less below 401 MHz or above 406 MHz.
    (2) 20 dB, on any frequency between 400.900 MHz and 401.000 MHz, 
and on any frequency between 406.000 MHz and 406.100 MHz.
    (e) Attenuation requirements, 413-419 MHz, 426-432 MHz, 438-444 
MHz, and 451-457 MHz. For MedRadio transmitter types designed to 
operate in the 413-419 MHz, 426-432 MHz, 438-444 MHz and 451-457 MHz 
bands: In the first 2.5 megahertz above or below any of the frequency 
bands authorized for Medical Micropower Network operation, the EIRP of 
any unwanted emission must be attenuated within a 1 megahertz bandwidth 
by at least 20 dB relative to the maximum EIRP within any 1 megahertz 
bandwidth of the fundamental emission.
    (f) Attenuation requirements, 2360-2400 MHz. For MedRadio 
transmitter types designed to operate in the 2360-2400 MHz band: In the 
first 2.5 megahertz above or below any of the frequency bands 
authorized for MBAN operation, the EIRP of any unwanted emission must 
be attenuated within a 1 megahertz bandwidth by at least 20 dB relative 
to the maximum EIRP within any 1 megahertz bandwidth of the fundamental 
emission.
    (g) Measurements. Compliance with the limits in paragraphs (c), 
(d), and (e) of this section is based on the use of measurement 
instrumentation using a peak detector function with an instrument 
reference bandwidth approximately equal to 1.0 percent of the emission 
bandwidth of the device under measurement.


Sec.  95.2581-95.22583  [Reserved]


Sec.  95.2585  MedRadio RF exposure evaluation.

    A MedRadio medical implant device or medical body-worn transmitter 
is subject to the radiofrequency radiation exposure requirements 
specified in Sec. Sec.  1.1307(b) and 2.1093 of this chapter, as 
appropriate. Applications for equipment authorization of devices 
operating under this section must demonstrate compliance with these 
requirements using either finite difference time domain (FDTD) 
computational modeling or laboratory measurement techniques. Where a 
showing is based on computational modeling, the Commission retains the 
discretion to request that supporting documentation and/or specific 
absorption rate (SAR) measurement data be submitted.


Sec.  95.2587  MedRadio additional requirements.

    (a) The antenna associated with any MedRadio transmitter must be 
supplied with the transmitter and is considered part of the transmitter 
subject to equipment authorization.
    (b) MedRadio transmitters shall be tested for frequency stability, 
radiated emissions and EIRP limit compliance in accordance with 
applicable rules.


Sec.  95.2589  [Reserved]


Sec.  95.2591  MedRadio marketing limitations.

    Transmitters intended for operation in the MedRadio Service may be 
marketed and sold only for the use in accordance with Sec.  95.2531.


Sec.  95.2593  MedRadio labeling requirements.

    MedRadio transmitters must be labeled in accordance with the 
requirements in this section.
    (a) MedRadio programmer/control transmitters operating in the 401-
406 MHz band shall be labeled as provided in part 2 of this chapter and 
shall bear the following statement in a conspicuous location on the 
device:

    This device may not interfere with stations operating in the 
400.150-406.000 MHz band in the Meteorological Aids, Meteorological 
Satellite, and Earth Exploration Satellite Services and must accept 
any interference received, including interference that may cause 
undesired operation.

    (b) MedRadio programmer/control transmitters operating in the 413-
419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands shall be 
labeled as provided in part 2 of this chapter and shall bear the 
following statement in a conspicuous location on the device:

    This device may not interfere with stations authorized to 
operate on a primary basis in the 413-419 MHz, 426-432 MHz, 438-444 
MHz, and 451-457 MHz bands, and must accept any interference 
received, including interference that may cause undesired operation.

    (c) MedRadio programmer/control transmitters operating in the 2360-
2400 MHz band shall be labeled as provided in part 2 of this chapter 
and shall bear the following statement in a conspicuous location on the 
device:

    This device may not interfere with stations authorized to 
operate on a primary basis in the 2360-2400 MHz band, and must 
accept any interference received, including interference that may 
cause undesired operation.

    (d) If it is not feasible to place the statement specified by 
paragraph (a), (b), or (c) of this section on the device, it may be 
placed in the instruction manual for the transmitter instead.
    (e) If a MedRadio programmer/control transmitter is constructed in 
two or more sections connected by wire and marketed together, the 
statement specified in this section is required to be affixed only to 
the main control unit.
    (f) MedRadio transmitters shall be identified with a serial number 
on each device, except as noted in paragraphs (f)(1) and (2) of this 
section.
    (1) For MedRadio transmitters that operate in the 2360-2400 MHz 
band, only the programmer/control transmitter shall be identified with 
a serial number.
    (2) The FCC ID number associated with a medical implant transmitter 
and the information required by Sec.  2.925 of this chapter may be 
placed in the instruction manual for the transmitter and on the 
shipping container for the transmitter, in lieu of being placed 
directly on the transmitter.


Sec.  95.2595  MedRadio disclosures.

    Manufacturers of MedRadio transmitters must include with each 
transmitting device the statement set forth in this section that 
applies to the frequency bands in use.
    (a) For MedRadio transmitters operating in the 401-406 MHz band, 
the following statement applies:

    This transmitter is authorized by rule under the Medical Device

[[Page 41137]]

Radiocommunication Service (in part 95 of the FCC Rules) and must 
not cause harmful interference to stations operating in the 400.150-
406.000 MHz band in the Meteorological Aids (i.e., transmitters and 
receivers used to communicate weather data), the Meteorological 
Satellite, or the Earth Exploration Satellite Services and must 
accept interference that may be caused by such stations, including 
interference that may cause undesired operation. This transmitter 
shall be used only in accordance with the FCC Rules governing the 
Medical Device Radiocommunication Service. Analog and digital voice 
communications are prohibited. Although this transmitter has been 
approved by the Federal Communications Commission, there is no 
guarantee that it will not receive interference or that any 
particular transmission from this transmitter will be free from 
interference.

    (b) For MedRadio transmitters operating in the 413-419 MHz, 426-432 
MHz, 438-444 MHz and 451-457 MHz bands, the following statement 
applies:

    This transmitter is authorized by rule under the MedRadio 
Service (47 CFR part 95). This transmitter must not cause harmful 
interference to stations authorized to operate on a primary basis in 
the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands, 
and must accept interference that may be caused by such stations, 
including interference that may cause undesired operation. This 
transmitter shall be used only in accordance with the FCC Rules 
governing the MedRadio Service. Analog and digital voice 
communications are prohibited. Although this transmitter has been 
approved by the Federal Communications Commission, there is no 
guarantee that it will not receive interference or that any 
particular transmission from this transmitter will be free from 
interference.

    (c) For MedRadio transmitters operating in the 2360-2400 MHz band, 
the following statement applies:

    This transmitter is authorized by rule under the MedRadio 
Service (47 CFR part 95). This transmitter must not cause harmful 
interference to stations authorized to operate on a primary basis in 
the 2360-2400 MHz band, and must accept interference that may be 
caused by such stations, including interference that may cause 
undesired operation. This transmitter shall be used only in 
accordance with the FCC Rules governing the MedRadio Service. Analog 
and digital voice communications are prohibited. Although this 
transmitter has been approved by the Federal Communications 
Commission, there is no guarantee that it will not receive 
interference or that any particular transmission from this 
transmitter will be free from interference.


Sec.  95.2597-95.2699  [Reserved]

Subpart J--Multi-Use Radio Service


Sec.  95.2701  Scope.

    This subpart contains rules that apply only to the Multi-Use Radio 
Service (MURS).


Sec.  95.2703  Definitions, MURS.

    MURS. A two-way, short distance voice or data communication service 
for facilitating personal or business activities of the general public.


Sec.  95.2705  Grandfathered MURS stations.

    MURS stations that were licensed under part 90 of this chapter to 
operate on MURS frequencies as of November 13, 2000, are authorized by 
this rule to continue to operate under terms identical to those of such 
nullified part 90 authorizations, including any associated rule 
waivers.


Sec.  95.2707  Airborne use of MURS not authorized.

    Notwithstanding the provisions of Sec.  95.307, MURS operation is 
not authorized aboard aircraft in flight.


Sec.  95.2709-95.2717  [Reserved]


Sec.  95.2719  MURS replacement parts.

    The operator of an MURS transmitter may replace parts of an MURS 
transmitter as indicated in this section. All other internal 
maintenance and repairs must be carried out in accordance with Sec.  
95.319.
    (a) A damaged antenna may be replaced by another antenna of the 
same or a compatible similar type.
    (b) Batteries in the MURS transmitter may be replaced with 
batteries of a type specified by the manufacturer.


Sec.  95.2721-95.2723  [Reserved]


Sec.  95.2725  MURS interference.

    MURS station operators must take reasonable precautions to avoid 
causing harmful interference. This includes monitoring the transmitting 
frequency for communications in progress before transmitting, and other 
measures as may be necessary to minimize the potential for causing 
interference.


Sec.  95.2727-95.2729  [Reserved]


Sec.  95.2731  Permissible MURS uses.

    The operator of a MURS station may use it for the purposes listed 
in this section.
    (a) MURS stations may be used to transmit voice, data or image 
signals.
    (b) MURS stations may be used for telecommand and telemetry 
functions.


Sec.  95.2733  Prohibited MURS uses.

    MURS stations must not be operated as repeater stations or signal 
boosters. This prohibition includes store-and-forward packet operation.


Sec.  95.2735-95.2739  [Reserved]


Sec.  95.2741  MURS antenna height limit.

    The highest point of any MURS station antenna must not be more than 
18.3 meters (60 feet) above the ground or 6.10 meters (20 feet) above 
the highest point of the structure on which it is mounted. MURS station 
antennas must also meet the requirements in Sec.  95.317 regarding 
menaces to air navigation. See 47 CFR 95.317 and consult part 17 of the 
FCC's Rules for more information (47 CFR part 17).


Sec.  95.2743-95.2747  [Reserved]


Sec.  95.2749  MURS network connection.

    MURS stations are prohibited from interconnection with the public 
switched network. Interconnection Defined. Connection through automatic 
or manual means of multi-use radio stations with the facilities of the 
public switched telephone network to permit the transmission of 
messages or signals between points in the wireline or radio network of 
a public telephone company and persons served by multi-use radio 
stations. Wireline or radio circuits or links furnished by common 
carriers, which are used by licensees or other authorized persons for 
transmitter control (including dial-up transmitter control circuits) or 
as an integral part of an authorized, private, internal system of 
communication or as an integral part of dispatch point circuits in a 
multi-use radio station are not considered to be interconnection for 
purposes of this rule part.


Sec.  95.2751-95.2755  [Reserved]


Sec.  95.2757  MURS duration of transmissions.

    MURS stations may not be operated in the continuous carrier 
transmit mode.


Sec.  95.2759  [Reserved]


Sec.  95.2761  MURS transmitter certification.

    (a) Each MURS transmitter (a transmitter that operates or is 
intended to operate in MURS) must be certified in accordance with this 
subpart and part 2 of this chapter.
    (b) A grant of equipment certification will not be issued for any 
MURS transmitter type that fails to comply with all of the applicable 
rules in this subpart.
    (c) A grant of equipment certification will not be issued for MURS 
transmitters capable of operating under both this subpart (MURS) and 
under any other subparts of this chapter (except part 15).


Sec.  95.2763  MURS channels.

    Five VHF channels are allotted for shared use in the MURS. These 
channels, designated by their center frequencies in megahertz, are as 
follows: 151.820, 151.880, 151.940, 154.570, and 154.600 MHz. Each MURS 
transmitter

[[Page 41138]]

type must be designed to transmit on one or more of these channels.


Sec.  95.2765  MURS frequency accuracy.

    Each MURS transmitter type must be designed to meet the applicable 
frequency tolerance and stability requirements of this section.
    (a) MURS transmitters that operate with an emission bandwidth of 
6.25 kHz or less must be designed such that the carrier frequencies 
remain within 2.0 parts-per-million (ppm) of the channel 
center frequencies specified in Sec.  95.2763 during normal operating 
conditions.
    (b) MURS transmitters that operate with an emission bandwidth 
greater than 6.25 kHz must be designed such that the carrier 
frequencies remain within 5.0 ppm of the channel center 
frequencies specified in Sec.  95.2763 during normal operating 
conditions.


Sec.  95.2767  MURS transmitting power limit.

    Each MURS transmitter type must be designed such that the 
transmitter power output does not exceed 2 Watts under normal operating 
conditions.


Sec.  95.2769  [Reserved]


Sec.  95.2771  MURS emission types.

    A MURS transmitter must transmit only emission types A1D, A2B, A2D, 
A3E, F2B, F1D, F2D, F3E, and G3E. Emission types A3E, F3E and G3E may 
include selective calling or tone-operated squelch tones to establish 
or continue voice communications. MURS transmitters are prohibited from 
transmitting in the continuous carrier mode.


Sec.  95.2773  MURS authorized bandwidths.

    Each MURS transmitter type must be designed to meet the emission 
bandwidth limitations in this section.
    (a) The occupied bandwidth of emissions transmitted on the center 
frequencies 151.820 MHz, 151.880 MHz, and 151.940 MHz must not exceed 
11.25 kHz.
    (b) The occupied bandwidth of emissions transmitted on the center 
frequencies 154.570 MHz and 154.600 MHz must not exceed 20.0 kHz.
    (c) The occupied bandwidth of type A3E emissions must not exceed 
8.0 kHz.


Sec.  95.2775  MURS audio filter.

    The audio filter referenced in Sec.  95.2779 must satisfy the 
requirements in this section.
    (a) The audio filter must be between the modulation limiter and the 
modulated stage of the transmitter.
    (b) At any frequency (f in kHz) between 3 and 15 kHz, the filter 
must have an attenuation of at least 40 log (f/3) dB more than the 
attenuation at 1 kHz. Above 15 kHz, it must have an attenuation of at 
least 28 dB more than the attenuation at 1 kHz.


Sec.  95.2777  [Reserved]


Sec.  95.2779  MURS unwanted emissions limits.

    The requirements in this section apply to each MURS transmitter 
type both with and without the connection of attachments, such as an 
external microphone, power cord and/or antenna.
    (a) Emission masks. Emission masks applicable to transmitting 
equipment in the MURS are defined by the requirements in the following 
table. The numbers in the paragraphs column refer to attenuation 
requirement rule paragraph numbers under paragraph (b) of this section. 
The words ``audio filter'' refer to the audio filter described in Sec.  
95.2775.

------------------------------------------------------------------------
     Channel center frequencies  (MHz)               Paragraphs
------------------------------------------------------------------------
151.820, 151.880 and 151.940..............  (1), (2).
154.570 & 154.600, with audio filter......  (3), (4), (7).
154.570 & 154.600, without audio filter...  (5), (6), (7).
------------------------------------------------------------------------

    (1) Each MURS transmitter type that transmits F3E or G3E emissions 
on 154.570 MHz or 154.600 MHz and incorporates an audio filter 
satisfying the requirements of Sec.  95.2775 in its design may comply 
with the less stringent unwanted emissions attenuation requirements set 
forth in paragraphs (b)(3), (4), and (7) of this section.
    (2) Each MURS transmitter type that transmits on 154.570 MHz or 
154.600 MHz, but does not incorporate an audio filter satisfying the 
requirements of Sec.  95.2775 in its design, must comply with the 
unwanted emissions attenuation requirements set forth in paragraphs 
(b)(5) through (7) of this section.
    (b) Attenuation requirements. The power of unwanted emissions must 
be attenuated below the transmitter output power in Watts (P) by at 
least:
    (1) 7.27(fd-2.88 kHz) dB on any frequency removed from 
the channel center frequency by a displacement frequency (fd 
in kHz) that is more than 5.625 kHz, but not more than 12.5 kHz.
    (2) 50 + 10 log (P) dB or 70 dB, whichever is the lesser 
attenuation, on any frequency removed from the channel center frequency 
by more than 12.5 kHz.
    (3) 25 dB on any frequency removed from the channel center 
frequency by more than 10 kHz, but not more than 20 kHz.
    (4) 35 dB on any frequency removed from the channel center 
frequency by more than 20 kHz, but not more than 50 kHz.
    (5) 83 log (fd / 5) dB on any frequency removed from the 
center of the authorized bandwidth by a displacement frequency 
(fd in kHz) that is more than 5 kHz, but not more than 10 
kHz.
    (6) 29 log (fd\2\ / 11) dB or 50 dB, whichever is the 
lesser attenuation on any frequency removed from the channel center 
frequency by a displacement frequency (fd in kHz) that is 
more than 10 kHz, but not more than 50 kHz.
    (7) 43 + 10 log(P) dB on any frequency removed from the channel 
center frequency by more than 50 kHz.
    (c) Measurement bandwidths. The power of unwanted emissions in the 
frequency bands specified in paragraphs (b)(1) and (3) through (6) of 
this section is measured with a reference bandwidth of 300 Hz. The 
power of unwanted emissions in the frequency ranges specified in 
paragraphs (b)(2) and (7) of this section is measured with a reference 
bandwidth of at least 30 kHz.


Sec.  95.2781-95.2899  [Reserved]

Subpart K--Personal Locator Beacons and Maritime Survivor Locating 
Devices


Sec.  95.2901  Scope.

    This subpart contains rules that apply only to Personal Locator 
Beacons (PLBs) and Maritime Survivor Locating Devices (MSLDs).


Sec.  95.2903  Definitions, PLBs and MSLDs.

    Identification code. An identification code issued by the National 
Oceanic and Atmospheric Administration (NOAA) to establish a unique 
identification for each PLB.
    National Oceanic and Atmospheric Administration (NOAA). The U.S. 
Government Agency that is the United States Program Manager for the 406 
MHz COSPAS/SARSAT satellite system.
    Maritime Survivor Locating Device (MSLD). A device intended to aid 
in the location of persons in the water.
    Personal Locator Beacon (PLB). A small portable transmitter, 
compliant with all of the rules in this subpart, that is intended to 
provide individuals in remote areas a means to alert others of an 
emergency situation and to aid search and rescue personnel to locate 
those in distress.


Sec.  95.2905  PLB registration.

    Each PLB owner must initially register their PLB with National 
Oceanic and Atmospheric Administration

[[Page 41139]]

(NOAA) and must advise NOAA of any subsequent change of ownership or 
other change in the registration information. Each PLB is registered by 
its identification code (see Sec.  95.2987(b)).
    (a) PLB owners are encouraged to register their PLBs through the 
internet using the following Web site: http://www.beaconregistration.noaa.gov
    (b) PLB owners may also register their PLBs by mailing a completed 
registration card to the following address: NOAA SARSAT Beacon 
Registration, NSOF, E/SPO53, 1315 East West Hwy., Silver Spring, MD 
20910-9684.


Sec.  95.2907-95.2929  [Reserved]


Sec.  95.2931  Permissible use of PLBs and MSLDs.

    (a) PLBs may be used only for transmission of distress and safety 
of life communications.
    (b) MSLDs may be used only to aid in the location of persons in the 
water.


Sec.  95.2933  Prohibited use of PLBs and MSLDs.

    (a) PLBs must not be used for any purpose other than transmission 
of distress and safety of life communications.
    (b) Use of MSLDs on land is not authorized.


Sec.  95.2935-95.2959  [Reserved]


Sec.  95.2961  PLB and MSLD transmitter certification.

    (a) Each PLB and MSLD transmitter must be certified in accordance 
with this subpart and part 2 of this chapter.
    (b) A grant of equipment certification will not be issued for any 
PLB or MSLD transmitter type that fails to comply with all of the 
applicable rules in this subpart.


Sec.  95.2963  PLB and MSLD frequency bands.

    (a) The frequency band 406.0-406.1 MHz is an emergency and distress 
frequency band available for use by Personal Locator Beacons (PLBs). 
Use of these frequencies must be limited to transmission of distress 
and safety of life communications.
    (b) MSLDs must:
    (1) Transmit on at least one of the following frequencies: 121.5 
MHz, 156.525 MHz, 156.750 MHz, 156.800 MHz, 156.850 MHz, 161.975 MHz, 
or 162.025 MHz; or
    (2) Include a function intended to send a distress message directly 
to the U.S. Coast Guard or any other search and rescue organization.


Sec.  95.2965-95.2969  [Reserved]


Sec.  95.2971  PLB emission type.

    PLB transmitter types must be designed to use emission type G1D on 
the frequency band 406.0-406.1 MHz.


Sec.  95.2973-95.2985  [Reserved]


Sec.  95.2987  Additional PLB and MSLD certification requirements.

    (a) To be certified for use under this subpart, 406 MHz PLB 
transmitter types must be designed to satisfy the following additional 
requirements.
    (1) Certifications. Beginning January 17, 2018, before submitting 
an application for FCC certification of a 406 MHz PLB transmitter type, 
the applicant must obtain:
    (i) Certification from a test facility recognized by one of the 
COSPAS/SARSAT Partners that the PLB transmitter type satisfies the 
standards in RTCM 11010; and,
    (ii) Certification from an independent test facility that the PLB 
transmitter type complies with the electrical and environmental 
standards associated with RTCM 11010.
    (2) Identification code. An identification code, recognized by the 
National Oceanic and Atmospheric Administration (NOAA), the United 
States Program Manager for the 406 MHz COSPAS/SARSAT satellite system, 
must be programmed into each PLB to establish a unique identification 
for that PLB.
    (b) To be certified for use under this subpart, MSLD transmitter 
types must be designed to satisfy the following additional 
requirements.
    (1) A test report from a test laboratory which shows that the MSLD 
complies with the electrical and environmental standards associated 
with RTCM 11901. The test laboratory must be accredited to ISO-IEC 
17025 with a scope covering the applicable requirements and test 
procedures.
    (2) After the MSLD has been certified by a test laboratory, the 
following information must be submitted in duplicate to the U.S. Coast 
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7126, Washington, DC 
20593-7126:
    (i) The name of the manufacturer or grantee and model number of the 
MSLD;
    (ii) Copies of the test report and test data showing that the MSLD 
complies with the electrical and environmental standards associated 
with RTCM 11901; and
    (iii) Instruction manuals associated with the MSLD, description of 
the test characteristics of the MSLD including assembly drawings, 
electrical schematics, description of parts list, specifications of 
materials and the manufacturer's quality assurance program.
    (3) After reviewing the information described in paragraph (b)(2) 
of this section, the U.S. Coast Guard will issue a letter stating 
whether the MSLD satisfies all RTCM Recommended Standards. In the case 
of an MSLD that includes a function intended to send a distress message 
directly to the U.S. Coast Guard or any other search and rescue 
organization, the letter will also state whether the U.S. Coast Guard 
endorses that function.
    (4) A certification application for an MSLD must contain a copy of 
the U.S. Coast Guard letter stating that the device satisfies all RTCM 
Recommended Standards, a copy of the technical test data, and the 
instruction manual(s).


Sec.  95.2989  PLB and MSLD technical standards.

    (a) PLB transmitter types must be designed to comply with technical 
standard RTCM 1010.2. MSLD transmitter types must be designed to comply 
with technical standard RTCM 11901.1.
    (b) The standards required in this section are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
material is available for inspection at FCC headquarters at 445 12th 
Street SW., Washington, DC 20554, and is available from the sources 
indicated in this paragraph (b). It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (1) The following standards are available from the Radio Technical 
Commission for Maritime Services, 1611 N. Kent St., Suite 605, 
Arlington, Virginia 22209-2128.
    (i) RTCM 11010.2, ``406 MHz Satellite Personal Locator Beacons 
(PLBs),'' including Amendments 1 and 2, dated June 8, 2012 (RTCM 
11010).
    (ii) RTCM 11901.1, ``Maritime Survivor Locating Devices (MSLD),'' 
dated June 4, 2012.
    (2) [Reserved].


Sec.  95.2991  PLB and MSLD marketing limitations.

    (a) No device may be marketed or sold in the United States as a 
``PLB'' or ``Personal Locator Beacon'' unless it is compliant with all 
of the rules in this subpart. Previously approved PLBs that do not meet 
the requirements of RTCM

[[Page 41140]]

11010 shall not be manufactured, imported, or sold in the United States 
beginning January 17, 2020.
    (b) No device may be marketed or sold in the United States as a 
``MSLD'' or ``Maritime Survivor Locating Device'' unless it complies 
with the requirements of RTCM 11901. Previously approved devices 
intended to aid in the location of persons in the water that do not 
meet the requirements of this subpart shall not be manufactured, 
imported, or sold in the United States beginning January 17, 2018.


Sec.  95.2993  PLB identification plate or label and registration card.

    To enhance protection of life and property, it is mandatory that 
each 406 MHz PLB be registered with NOAA and that information be kept 
up-to-date.
    (a) Identification plate or label. In addition to the 
identification plate or label requirements contained in Sec. Sec.  
2.925 and 2.926 of this chapter, each 406 MHz PLB must be provided on 
the outside with a clearly discernable permanent plate or label.
    (1) The plate or label must contain the following statement:

    The owner of this 406 MHz PLB must register the identification 
code on this label with the National Oceanic and Atmospheric 
Administration (NOAA) whose address is: NOAA/SARSAT Beacon 
Registration, NSOF, E/SPO53, 1315 East West Hwy., Silver Spring, MD 
20910-9684.

    (2) For PLBs with identification codes that can be changed after 
manufacture, the identification code shown on the plate or label must 
be easily replaceable using commonly available tools.
    (b) Registration card. With each marketable PLB unit, the 
manufacturer or equipment certification grantee must include a postage 
pre-paid registration card.
    (1) The identification code of the PLB (see Sec.  95.2987(c)) must 
be printed on the registration card.
    (2) The registration card must be addressed to: NOAA SARSAT Beacon 
Registration, NSOF, E/SPO53, 1315 East West Hwy., Silver Spring, MD 
20910-9684.
    (3) The registration card must request the owner's name, address, 
telephone number and alternate emergency contact.
    (4) The registration card must include the following statement:

    WARNING--failure to register this PLB with NOAA could result in 
a monetary forfeiture order being issued to the owner.


Sec.  95.2995-95.3099  [Reserved]

Subpart L--DSRCS On-Board Units


Sec.  95.3101  Scope.

    This subpart contains rules that apply only to On-Board Units 
(OBUs) transmitting in the 5850-5925 MHz frequency band in the 
Dedicated Short-Range Communications Services (DSRCS) (see Sec.  90.371 
of this chapter).


Sec.  95.3103  Definitions, OBUs.

    Dedicated Short-range Communications Services (DSRCS). A service 
providing for data transfer between various mobile and roadside 
transmitting units for the purposes of improving traffic flow, highway 
safety and performing other intelligent transportation functions. See 
Sec.  90.7 of this chapter for a more detailed definition.
    On-Board Unit (OBU). OBUs are low-power devices on vehicles that 
transfer data to roadside units in the Dedicated Short-Range 
Communications Service (see Sec. Sec.  90.371-90.383 of this chapter), 
to improve traffic flow and safety, and for other intelligent 
transportation system purposes. See Sec.  90.7 of this chapter.
    Roadside Unit (RSU). See Sec.  90.7 of this chapter.


Sec.  95.3105-95.3129  [Reserved]


Sec.  95.3131  Permissible uses, OBUs.

    On-Board Units (OBUs) may transmit signals to other OBUs and to 
Roadside Units (RSUs), which are authorized under part 90 of this 
chapter.


Sec.  95.3133-95.3157  [Reserved]


Sec.  95.3159  OBU channel sharing and priority of use.

    In general, the provisions of Sec. Sec.  95.359, 95.325, and 95.327 
apply to OBU operation, subject to the rules in this section governing 
access priority.
    (a) Priority communications. OBU communications described in this 
paragraph are priority communications.
    (1) OBU communications involving the safety of life have access 
priority over all other OBU communications.
    (2) Subject to a Control Channel priority system management 
strategy (see ASTM E2213-03 DSRC Standard at Sec.  4.1.1.2(4)), OBU 
communications involving public safety have access priority over all 
other OBU communications except those involving safety of life. OBUs 
operated by state or local governmental entities are presumed to be 
engaged in public safety (priority) communications.
    (b) Non-priority communications. All OBU communications other than 
those described in paragraph (a) are non-priority communications. 
Disputes concerning non-priority OBU communications associated with 
Roadside Units (RSUs) are governed by the provisions of Sec.  90.377(e) 
and (f) of this chapter. Disputes concerning non-priority OBU 
communications not associated with RSUs are governed by Sec. Sec.  
95.325, 95.327, and 95.359.


Sec.  95.3161  OBU transmitter certification.

    (a) Each Dedicated Short Range Communications On-Board Unit IDSRCS-
OBU) that operates or is intended to operate in the DSRCS must be 
certified in accordance with this subpart and subpart J of part 2 of 
this chapter.
    (b) A grant of equipment certification for this subpart will not be 
issued for any OBU transmitter type that fails to comply with all of 
the applicable rules in this subpart.


Sec.  95.3163  OBU channels.

    The following table lists the channels allotted for use by On-Board 
Units (OBUs):

------------------------------------------------------------------------
                                                               Frequency
        Channel No.                    Channel use               range
                                                                 (MHz)
------------------------------------------------------------------------
170........................  Reserved.......................   5850-5855
172........................  Service........................   5855-5865
174........................  Service........................   5865-5875
175........................  Service........................   5865-5885
176........................  Service........................   5875-5885
178........................  Control........................   5885-5895
180........................  Service........................   5895-5905
181........................  Service........................   5895-5915
182........................  Service........................   5905-5915
184........................  Service........................   5915-5925
------------------------------------------------------------------------

    (a) Channels 174 and 176 may be combined to create a 20 MHz 
bandwidth channel designated as Channel 175.
    (b) Channels 180 and 182 may be combined to create a 20 MHz 
bandwidth channel designated as Channel 181.
    (c) Channels 172 and 184 are designated for public safety 
applications involving safety of life and property.


Sec.  95.3165  [Reserved]


Sec.  95.3167  OBU transmit power limit.

    The maximum output power for portable On-Board Unit transmitter 
types is 1.0 mW. For purposes of this paragraph, a portable is a 
transmitting device designed to be used so that the radiating 
structure(s) of the device is/are within 20 centimeters of the body of 
the user.


Sec.  95.3169-95.3187  [Reserved]


Sec.  95.3189  OBU technical standard.

    On-Board Unit transmitter types operating in the 5850-5925 MHz band 
must be designed to comply with the technical standard ASTM E2213-03,

[[Page 41141]]

Standard Specification for Telecommunications and Information Exchange 
Between Roadside and Vehicle Systems--5 GHz Band Dedicated Short-range 
Communications (DSRC) Medium Access Control (MAC) and Physical Layer 
(PHY) Specifications published 2003 (ASTM E2213-03). ASTM E2213-03 is 
incorporated by reference into this section with the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. To enforce any edition other than that specified in this section, 
the Federal Communications Commission must publish a document in the 
Federal Register and the material must be available to the public. The 
material is available for inspection at the Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554 and may be 
obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, 
West Conshohocken, PA 19428-2959.: http://www.astm.org. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Appendix A to Part 95--Cross Reference to Previous Rules

    This table in this appendix to part 95 shows the current subpart 
or section number(s) (or ``removed'' if the section was eliminated) 
of the CFR unit containing the corresponding subject material, for 
each of the part 95 subparts, rules and appendices that, in general, 
were in effect prior to September 28, 2017.

----------------------------------------------------------------------------------------------------------------
             Previous CFR unit                                        Current CFR unit
----------------------------------------------------------------------------------------------------------------
Subpart A--General Mobile Radio Service     Part 95, Subpart E.
 (GMRS).
95.1 The General Mobile Radio Service       95.1703.
 (GMRS).
95.3 License required.....................  95.1705.
95.5 Licensee eligibility.................  95.1705.
95.7 Channel sharing......................  95.325, 95.327, 95.359.
95.21 GMRS system description.............  Removed.
95.23 Mobile station description..........  Removed.
95.25 Land station description............  Removed.
95.27 Paging receiver description.........  Removed.
95.29 Channels available..................  95.1763.
95.33 Cooperative use of radio stations in  95.1705(f).
 the GMRS.
95.45 Considerations on Department of       95.309.
 Defense land and in other circumstances.
95.51 Antenna height......................  95.317.
95.101 What the license authorizes........  95.307, 95.331, 95.333, 95.1705, 95.1731.
95.103 Licensee duties....................  95.1705.
95.105 License term.......................  95.1705(e).
95.115 Station inspection.................  95.323.
95.117 Where to contact the FCC...........  95.329.
95.119 Station identification.............  95.1751.
95.129 Station equipment..................  95.335, 95.1761.
95.135 Maximum authorized transmitting      95.367, 95.1767.
 power.
95.139 Adding a small base station or a     Removed.
 small control station.
95.141 Interconnection prohibited.........  95.349, 95.1749.
95.143 Managing a GMRS system in an         95.1705(c), 95.1731.
 emergency.
95.171 Station operator duties............  95.305, 95.1705.
95.179 Individuals who may be station       95.305, 95.1705.
 operators.
95.181 Permissible communications.........  95.331, 95.377, 95.381, 95.1731.
95.183 Prohibited communications..........  95.333, 95.377, 95.381, 95.1733.
Appendix A to Subpart A of Part 95--        95.307.
 Locations Where GMRS Is Regulated by the
 FCC.
Subpart B--Family Radio Service (FRS).....  Part 95, Subpart B.
95.191 (FRS Rule 1) Eligibility and         95.305, 95.359.
 responsibility.
95.192 (FRS Rule 2) Authorized locations..  95.307, 95.309.
95.193 (FRS Rule 3) Types of                95.331, 95.333, 95.349, 95.377, 95.531, 95.533, 95.577, 95.587.
 communications.
95.194 (FRS Rule 4) FRS units.............  95.335, 95.337, 95.339, 95.519, 95.561, 95.587.
Subpart C--Radio Control (R/C) Radio        Part 95, Subpart C.
 Service.
95.201 (R/C Rule 1) What is the Radio       95.703.
 Control (R/C) Radio Service?.
95.202 (R/C Rule 2) How do I use these      Removed.
 rules?.
95.203 (R/C Rule 3) Am I eligible to        95.305.
 operate an R/C station?.
95.204 (R/C Rule 4) Do I need a license?..  95.305.
95.205 (R/C Rule 5) Where may I operate my  95.307.
 R/C station?.
95.206 (R/C Rule 6) Are there any special   95.309
 restrictions on the location of my R/C
 station?.
95.207 (R/C Rule 7) On what channels may I  95.359, 95.725, 95.733, 95.763.
 operate?.
95.208 (R/C Rule 8) How high may I put my   95.317, 95.741.
 antenna?.
95.209 (R/C Rule 9) What equipment may I    95.335, 95.337, 95.361, 95.735, 95.761.
 use at my R/C station?.
95.210 (R/C Rule 10) How much power may I   95.337, 95.767.
 use?.
95.211 (R/C Rule 11) What communications    95.731, 95.771.
 may be transmitted?.
95.212 (R/C Rule 12) What communications    95.333, 95.733, 95.745.
 are prohibited?.
95.213 (R/C Rule 13) May I be paid to use   95.333, 95.733(c ).
 my R/C station?.
95.214 (R/C Rule 14) Who is responsible     95.343.
 for R/C communications I make?.
95.215 (R/C Rule 15) Do I have to limit     95.357, 95.757.
 the length of my communications?.
95.216 (R/C Rule 16) Do I identify my R/C   95.351.
 communications?.
95.217 (R/C Rule 17) May I operate my R/C   95.345, 95.745.
 station transmitter by remote control?.
95.218 (R/C Rule 18) What are the           95.313.
 penalties for violating these rules?.
95.219 (R/C Rule 19) How do I answer        95.311.
 correspondence from the FCC?.

[[Page 41142]]

 
95.220 (R/C Rule 20) What must I do if the  95.311, 95.319.
 FCC tells me that my R/C station is
 causing interference?.
95.221 (R/C Rule 21) How do I have my R/C   95.319, 95.719.
 transmitter serviced?.
95.222 (R/C Rule 22) May I make any         95.319, 95.337.
 changes to my R/C transmitter?.
95.223 (R/C Rule 23) Do I have to make my   95.323.
 R/C station available for inspection?.
95.224 (R/C Rule 24) What are my station    95.311.
 records?.
95.225 (R/C Rule 25) How do I contact the   95.329.
 FCC?.
Subpart D--Citizens Band (CB) Radio         Part 95, Subpart D.
 Service.
95.401 (CB Rule 1) What are the Citizens    95.303, 95.503, 95.903, 95.2103, 95.2503, 95.2303, 95.2703, 95.3103.
 Band Radio Services?.
95.402 (CB Rule 2) How do I use these       95.305, 95.307.
 rules?.
95.403 (CB Rule 3) Am I eligible to         95.305, 95.905.
 operate a CB station?.
95.404 (CB Rule 4) Do I need a license?...  95.305.
95.405 (CB Rule 5) Where may I operate my   95.307, 95.309.
 CB station?.
95.406 (CB Rule 6) Are there any special    95.309.
 restrictions on the location of my CB
 station?.
95.407 (CB Rule 7) On what channels may I   95.359, 95.363, 95.931, 95.963.
 operate?.
95.408 (CB Rule 8) How high may I put my    95.317, 95.941.
 antenna?.
95.409 (CB Rule 9) What equipment may I     95.337, 95.361, 95.935, 95.939, 95.961.
 use at my CB station?.
95.410 (CB Rule 10) How much power may I    95.337, 95.967.
 use?.
95.411 (CB Rule 11) May I use power         95.939.
 amplifiers?.
95.412 (CB Rule 12) What communications     95.377, 95.931, 95.933.
 may be transmitted?.
95.413 (CB Rule 13) What communications     95.333, 95.933.
 are prohibited?.
95.414 (CB Rule 14) May I be paid to use    95.333, 95.933.
 my CB station?.
95.415 (CB Rule 15) Who is responsible for  95.343.
 communications I make?.
95.416 (CB Rule 16) Do I have to limit the  95.357, 95.359, 95.957.
 length of my communications?.
95.417 (CB Rule 17) Do I identify my CB     95.351.
 communications?.
95.418 (CB Rule 18) How do I use my CB      95.357, 95.931, 95.957.
 station in an emergency or to assist a
 traveler?.
95.419 (CB Rule 19) May I operate my CB     95.303, 95.345, 95.945.
 station transmitter by remote control?.
95.420 (CB Rule 20) May I connect my CB     95.949.
 station transmitter to a telephone?.
95.421 (CB Rule 21) What are the penalties  95.313.
 for violating these rules?.
95.422 (CB Rule 22) How do I answer         95.311.
 correspondence from the FCC?.
95.423 (CB Rule 23) What must I do if the   95.311, 95.319.
 FCC tells me that my CB station is
 causing interference?.
95.424 (CB Rule 24) How do I have my CB     95.319, 95.919.
 transmitter serviced?.
95.425 (CB Rule 25) May I make any changes  95.337, 95.919.
 to my CB transmitter?.
95.426 (CB Rule 26) Do I have to make my    95.323.
 CB station available for inspection?.
95.427 (CB Rule 27) What are my station     95.311, 95.343.
 records?.
95.428 (CB Rule 28) How do I contact the    95.329.
 FCC?.
Subpart E--Technical Regulations..........  Distributed.
95.601 Basis and Purpose..................  Distributed.
95.603 Certification required.............  95.335, 95.561, 95.761, 95.961, 95.1761, 95.1951, 95.2161, 95.2361,
                                             95.2561, 95.2761, 95.2961, 95.3161.
95.605 Certification procedures...........  95.335, 95.2961, 95.3161.
95.607 CB transmitter modification........  95.335, 95.337, 95.339, 95.935, 95.939, 95.987.
95.621 GMRS transmitter channel             95.363, 95.1763. 95.1765.
 frequencies.
95.623 R/C transmitter channel frequencies  95.363, 95.763, 95.765.
95.625 CB transmitter channel frequencies.  95.359, 95.363, 95.931, 95.963, 95.965.
95.626 FRS unit channel frequencies.......  95.363, 95.563, 95.565.
95.627 Medradio transmitters in the 401-    95.2503, 95.2525, 95.2559, 95.2563, 95.2565, 95.2567, 95.2569,
 406 MHz band.                               95.2573, 95.2579, 95.2587.
95.628 Medradio transmitters in the 413-    95.2525, 95.2559, 95.2563(e), 95.2565, 95.2567, 95.2569, 95.2573,
 419 MHz, 426-432 MHz, 438-444 MHz, and      95.2587.
 451-457 MHz bands.
95.629 LPRS transmitter frequencies.......  95.2163, 95.2565.
95.630 WMTS transmitter frequencies.......  95.2363.
95.631 Emission types.....................  95.371, 95.571, 95.771, 95.971, 95.1771, 95.1775, 95.2133, 95.2179,
                                             95.2333, 95.2379, 95.2533, 95.2571, 95.2771, 95.2779, 95.2971.
95.632 MURS transmitter frequencies.......  95.2763, 95.2765, 95.2773.
95.633 Emission bandwidth.................  95.573, 95.773, 95.973, 95.1773, 95.2173, 95.2173, 95.2179, 95.2363,
                                             95.2503, 95.2565, 95.2573, 95.2773.
95.635 Unwanted radiation.................  95.579, 95.779, 95.979, 95.1779, 95.2179, 95.2379, 95.2579, 95.2779.
95.637 Modulation standards...............  95.575, 95.971, 95.975, 95.1775.
95.639 Maximum transmitter power..........  95.367, 95.567, 95.767, 95.967, 95.1767, 95.2167, 95.2369, 95.2567,
                                             95.2587, 95.2767, 95.3167.
95.643 DSRCS-OBU certification............  95.3161.
95.645 Control accessibility..............  95.361, 95.761, 95.787.
95.647 FRS unit and R/C transmitter         95.587(b), 95.787(a).
 antennas.
95.649 Power capability...................  95.367, 95.567, 95.767, 95.967, 95.1767, 95.2167, 95.2369, 95.2567,
                                             95.2767, 95.3167.

[[Page 41143]]

 
95.651 Crystal control required...........  Removed.
95.653 Instructions and warnings..........  95.361, 95.393.
95.655 Frequency capability...............  95.987(a), 95.987(b), 95.1761, 95.1787, 95.2763.
95.667 CB transmitter power...............  95.967, 95.987(c).
95.669 External controls..................  95.987(d).
95.671 Serial number......................  Removed.
95.673 Copy of rules......................  Removed.
Appendix 1 to Subpart E of Part 95--        95.303, 95.503, 95.703, 95.903, 95.1703, 95.2103, 95.2303, 95.2503,
 Glossary of Terms.                          95.2703, 95.2903, 95.3103.
Subpart F--218-219 MHz Service............  Subpart F.
95.801 Scope..............................  95.1901.
95.803 218-219 MHz Service description....  95.1903.
95.805 Permissible communications.........  95.1905.
95.807 Requesting regulatory status.......  95.1907.
95.811 License requirements...............  95.1911.
95.812 License term.......................  95.1912.
95.813 Eligibility........................  95.1913.
95.815 License application................  95.1915.
95.816 Competitive bidding proceedings....  95.1916.
95.819 License transferability............  95.1919.
95.823 Geographic partitioning and          95.1923.
 spectrum disaggregation.
95.831 Service requirements...............  95.1931.
95.833 Construction requirements..........  95.1933
95.835 Station identification.............  95.1935.
95.837 Station inspection.................  95.1937.
95.851 Certification......................  95.1951.
95.853 Frequency segments.................  95.1953.
95.855 Transmitter effective radiated       95.1955.
 power limitation.
95.857 Emission standards.................  95.1957.
95.859 Antennas...........................  95.1959.
95.861 Interference.......................  95.1961.
Subpart G--Low Power Radio Service (LPRS).  Part 95, Subpart G.
95.1001 Eligibility.......................  95.2105.
95.1003 Authorized locations..............  95.307.
95.1005 Station identification............  95.351.
95.1007 Station inspection................  95.323.
95.1009 Permissible communications........  95.2131.
95.1011 Channel use policy................  95.309, 95.359, 95.2125.
95.1013 Antennas..........................  95.2141, 95.2167.
95.1015 Disclosure policies...............  95.2109, 95.2191, 95.2195.
95.1017 Labeling requirements.............  95.2193.
95.1019 Marketing limitations.............  95.2191, 95.2193, 95.2195.
Subpart H--Wireless Medical Telemetry       Part 95, Subpart H.
 Service.
95.1101 Scope.............................  95.2301.
95.1103 Definitions.......................  95.2303.
95.1105 Eligibility.......................  95.305, 95.2305.
95.1107 Authorized locations..............  95.307, 95.309, 95.2333.
95.1109 Equipment authorization             95.335, 95.2361, 95.2393.
 requirement.
95.1111 Frequency coordination............  95.2309.
95.1113 Frequency coordinator.............  95.2309(a).
95.1115 General technical requirements....  95.371, 95.2369, 95.2379, 95.2333(c), 95.2363, 95.2365.
95.1117 Types of communications...........  95.2331, 95.2333, 95.2347, 95.2357.
95.1119 Specific requirements for wireless  95.2309(f).
 medical telemetry devices operating in
 the 608-614 MHz band.
95.1121 Specific requirements for wireless  95.2309(g).
 medical telemetry devices operating in
 the 1395-1400 and 1427-1432 MHz bands.
95.1123 Protection of medical equipment...  95.2395.
95.1125 RF safety.........................  95.2385.
95.1127 Station identification............  95.351.
95.1129 Station inspection................  95.323.
Subpart I--Medical Device                   Part 95, Subpart I.
 Radiocommunication Service (MedRadio).
95.1201 Eligibility.......................  95.305, 95.2503, 95.2505, 95.2547.
95.1203 Authorized locations..............  95.307, 95.2507.
95.1205 Station identification............  95.351.
95.1207 Station inspection................  95.323, 95.2523.
95.1209 Permissible communications........  95.2531, 95.2533, 95.2549, 95.2557, 95.2559(c).
95.1211 Channel use policy................  95.359, 95.2525.
95.1213 Antennas..........................  95.2541.
95.1215 Disclosure policies...............  95.2595.
95.1217 Labeling requirements.............  95.2593.
95.1219 Marketing limitations.............  95.2591.
95.1221 RF exposure.......................  95.2585.
95.1223 Registration and frequency          95.2509.
 coordination in the 2360-2390 MHz Band.

[[Page 41144]]

 
95.1225 Frequency coordinator.............  95.2509.
Subpart J--Multi-Use Radio Service (MURS).  Part 95, Subpart J.
95.1301 Eligibility.......................  95.305.
95.1303 Authorized locations..............  95.307, 95.309, 95.2707.
95.1305 Station identification............  95.351.
95.1307 Permissible communications........  95.359, 95.371, 95.2725, 95.2731.
95.1309 Channel use policy................  95.359.
95.1311 Repeater operations and signal      95.2733.
 boosters prohibited.
95.1313 Interconnection prohibited........  95.2749.
95.1315 Antenna height restriction........  95.2741.
95.1317 Grandfathered MURS stations         95.2705 Part 95, Subpart K.
 Subpart K--Personal Locator Beacons (PLB).
95.1400 Basis and purpose.................  95.100, 95.2903.
95.1401 Frequency.........................  95.2931, 95.2963, 95.2971.
95.1402 Special requirements for 406 MHz    95.2987, 95.2989, 95.2993.
 PLBs.
Subpart L--Dedicated Short-Range            Part 95, Subpart L.
 Communications Service On-Board Units
 (DSRCS-OBUs).
95.1501 Scope.............................  95.3101.
95.1503 Eligibility.......................  95.305.
95.1505 Authorized locations..............  95.307.
95.1507 Station identification............  95.351.
95.1509 ASTM E2213-03 DSRC Standard.......  95.3189.
95.1511 Frequencies available.............  95.325, 95.359, 95.3159, 95.3163, 95.3167.
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2017-17395 Filed 8-28-17; 8:45 am]
BILLING CODE 6712-01-P


82_FR_41262
Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 28, 2017. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of September 28, 2017.
ContactThomas Derenge (technical), (202) 418- 2451 or Scot Stone (legal), (202) 418-0638, regarding the Report and Order in WT Docket 10-119. Both contact persons are in the Mobility Division, Wireless Telecommunications Bureau, and may also be contacted at (202) 418-7233 (TTY).
FR Citation82 FR 41096 
CFR Citation47 CFR 15
47 CFR 1
47 CFR 73
47 CFR 95
CFR AssociatedCommunications Equipment; Radio and Incorporation by Reference

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