NEWSTWO-WAY RADIOS AND BLACK SUBURBANS:LEARN THE NEW FCC RULES OR GET BOPPEDBY BRUCE EDGERLY AND JON SLAVIKAttention all guides, avalanche schools, and casual radio users: it’s about to get real out there.
If you’re currently “winging” it with your radio
program, you could see a black Suburban pulling into your facility to enforce the new FCC
rules. The U.S. FCC (Federal CommunicationsCommission) is loosening up on the power andpaperwork requirements for low-wattage “familyband” radios, but they’re now out to get those using uncertified, mainly Chinese-made high-power radios—especially if they’re being used on unauthorized channels.

BackgroundNot unlike the world of avalanche transceivers, thetwo-way radio landscape has changed a lot overthe past few decades. Newer technology has madehigh-power VHF radios more versatile, precise,and clearer at long range. The use of low-wattage
family-band UHF radios has decreased with theomnipresence of cell phone coverage, decreasinguser demand and “chatter” on those channels. Asa result, the FCC has loosened up on UHF (ultra high frequency) radios--used by recreationists—but they’ve tightened up on VHF (very highfrequency) and dual-band UHF/VHF radios—which most guiding and professional operations
use. Here’s what has changed and what you can
do to prevent getting bopped:
FRS/GMRS (low-power UHF) radios
Generally referred to as walkie-talkies, these “family band” radios were made famous first by Dick
Tracy cartoons in the 1970s, then by Motorola
Talkabouts in the 1990s. Since then, their use has
decreased due to competition with cell phones. In
the backcountry world, they’ve seen a resurgencewith the advent of BC Link radios from Backcountry Access (BCA). These channels operatefrom 462 and 467 MHz and are fully open to thepublic, which means they can get crowded if yourradio doesn’t have privacy codes. Up until 2017,
the maximum power allowed for FRS (channels
8 through 14) was 0.5 watt. The maximum power
allowed for GMRS (channels 1 through 7 and 9through 22) was 1 watt—and the user was expected to pay an $80 fee and get a permit fromthe FCC if they happened to tune their radio tothese channels.This latter rule was rarely enforced.
Starting in 2017, the FCC separated FRS andGMRS. They now allow a maximum of 2 watts
on FRS radios, 5 watts on handheld GMRS radios,and 50 watts on non-handheld GMRS radios. TheFCC also allows the use of repeaters for GMRSchannels, just like they currently do for VHF channels. They claim that the FCC licensing requirement on GMRS will now be enforced.
Combination FRS/GMRS radios will no longer be allowed, except those which have beenrecertified as FRS radios by the manufacturer (including the BC Link). This loosening up of
the FRS rules resulted in the development of BCA’s BC Link 2.0 radio, which is an FRS-only radio that transmits at up to 2 watts, enabling clearer communication at longer range. It is
compatible with all FRS and GMRS channels.
In addition, the FCC has also lightened up on the business use of FRS/GMRS channels.
Until recently, these channels were only for non-commercial use. As of 2017, businesses are now
allowed to use these channels. Of course, that includes guiding operations and avalanche schools.
Business/Pro (high power VHF and VHF/UHF) radios
These are the radios used by most guiding operations, ski patrols, sheriff ’s departments, and searchand-rescue groups—usually with repeaters to extend their range. This is also where the FCC is
stepping up its enforcement, thanks to the proliferation of uncertified Chinese-made radios being
sold online. Business radios all operate from 150 to 170 MHz and 450 to 470 MHz but the channels
are not public: each radio fleet is assigned a private frequency by the FCC, to ensure that users don’tinterfere with each other—especiallywith public safety agencies that needto have clear communication during
emergencies. To get your own frequency, you need to apply and pay on
the order of $400 for a license fromthe FCC.
With improving technology inVHF/UHF radios, these units are
more precise at operating within
narrow bandwidths, the acceptabledeviation in frequency on eitherside of the assigned “center frequency.” Therefore, in 2013, the FCC
narrowed the bandwidth at which

S. Zimmerman-Wall

Photo: G. Gunderson

Duncan Lee

Training for Backcountry Enthusiasts
and Mountain Professionals
Rec Level 1, 2, & Avalanche Rescue Curriculum
Instructor Training Courses
Professional 1 & 2 Courses
avtraining.org

719-221-0762

NEWSthese radios are allowed to operate. The good news is that enables the allocation of private
frequencies to more user groups. The bad news is that if you don’t have a license to operate at
one of these frequencies then you’re going to get bopped.
In addition to frequency poachers like this, the FCC is also nailing those who sell
non-FCC-certified radios. If a radio is certified, that means the FCC has verified that it does
not have software enabling users to program it to FCC-allocated frequencies. This process isonly supposed to be performed by FCC-approved frequency coordinators using FCC-approved software. However, a black market of renegade consultants has sprung up over the years
that are using illicit software to program radios illegally (for an exorbitant fee, of course). To
determine if your radio is legitimate, look for an FCC identification number in the battery
compartment. If the number isn’t there, the radio isn’t legal.To determine if your frequency coordinator is truly legit, see the FCC’s website: https://www.fcc.gov/wireless/bureau-divisions/mobility-division/industrial-business/industrial-business-licensing .
Getting bopped: an expensive proposition• In 2007, the FCC caught Chugach Powder Guides using several frequencies for which
they didn’t have a license. A fleet of two black Suburbans and four FCC agents pulled up
to their heli pad and immediately shut down their operations. Only after much pleadingon safety grounds, according to CPG’s owners, did the agents allow the company toproceed. They were forced to shut down their repeater in the Tordrillos that season andto pay up for a real FCC license.This happened early in the new enforcement era. Since
then, the FCC has become less forgiving.
• A frequency consultant in New Jersey, Perez Communications and Electronics, wascaught programming unlicensed radios just this year. He settled with the FCC out ofcourt to avoid fines of $20,134 per day, retroactive several years.
• In 2018, the FCC raided a U.S. distributor of Chinese-made Baofeng radios whenagents determined that the distributor was selling non-FCC-certified Baofengs. Agents
confiscated all non-certified inventory, temporarily closing the business.
Keeping it clean
There are certain things you can do to avoid risking your operation to FCC enforcement:• Check your radios to make sure they have an FCC certification number. If they don’t, thenget rid of them.You’d better not sell them on Craigslist: then you become an illegal seller.
• If your radios have an FCC ID number, then make sure that you’re licensed to operate
on your frequency. Ask the frequency coordinator that programmed your radios.
• If you programmed the radio yourself somehow, then make sure you programmed in afrequency that the FCC has assigned to you. Of course, if you did this then you probably
have unlicensed radios.

The radio on the left has no FCC Identification number—and is therefore illegal to operate or sell. The radio on theright has an FCC ID number, which means it complies withPart 90 of the FCC regulations.

•••

DeltaLancer Avalauncher Ammunition
Designed & Developed by Delta K EES Ltd. in the UK
Cooperatively Distributed by Avalanche Control Logistics LLC andAccurate Energetic Systems LLC In the USA•
Key Design Characteristics:
Safe replacement of Slip-pin ammunition variants.
Turbine controlled safe arming mechanism.
Pentolite or enhanced RDX based loading options.
Low inertial loading of blasting cap to improve safety.
RECCO reflector cast into main filling.
Advanced aerodynamic profile.
Inert and powder marker loads for ranging and/or training.
Future proof design supports on-going product optimisation programme.

ACL - Dan Dobrowolski - dan@avconlog.com Cell: 434-960-0558

If your organization owns a frequency fromthe FCC and your organization operates inseveral regions, make sure that frequency
has been allocated to you in all those regions, not just the region in which yourheadquarters is located.
If you want to share frequencies with otheragencies, then make sure you get written
permission from them before going to afrequency coordinator to get a license forthat frequency. A legit coordinator willneed that permission before they will
touch your gear. For instance, if you’re aguiding operation that wants to share frequencies with the local ski patrol or SAR
group. If you don’t get their permission—and they don’t like you—they can report
you to the FCC.
Consider using FRS radios and their open
channels for communicating within groups
when you’re traveling in the backcountry.
You can still communicate with your operations base and other agencies through your5-watt radios and repeater system, but it’s a
lot less expensive and more convenient touse open channels. “Chatter” is not an issue
if you’re smart about using privacy codes(i.e. don’t insist on using channel 4, privacy
code 20--a popular one in the Colorado
and Washington backcountry).
It’s worth noting that you’re not allowed touse your high-power VHF/UHF radios tocommunicate with low-power FRS radios,
unless it’s an emergency. In fact, in a true
emergency situation, all these rules go out
the window. You just better hope that theagent that emerges from that black Suburban is a skier or snowmobiler--and understands your definition of an emergency(scoping untracked lines doesn’t qualify!).
Bruce Edgerly is co-founder and vice-president of Backcountry Access, Inc. (BCA), aleading manufacturer of backcountry safetyequipment, based in Boulder, CO. He loves toski and drink cold ones with TAR editor LynneWolfe.

After growing up ski racing and boot fitting in
the Midwest, Jon Slavik studied engineering atColorado School of Mines. He designed snowboard testing equipment at Boa Technology
and was involved with instrumentation for aerospace systems before coming to BCA. Jon isan avid backcountry snowmobiler and skier during thewinter, and rides road, MTB, and enduro in the summer.
Vol. 38.2 December 201915