41096 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

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. 

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removed other outdated requirements.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while also removing outdated 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 FCC504@fcc.gov 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 mobilesatellite services in the frequency bands 

1 452–1 525 and 2 310–2 360 MHz,’’ 

May 2000, formerly contained in old 

section § 95.1223(c)(2) is now set forth 

in new section § 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 § 95.1402(a) is now set 

forth in new rule section § 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 

§ 95.1403(b) is now set forth in new rule 

section § 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 § 95.1509 is now set 

forth in new rule section § 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: 


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Subpart Old topic Old rules New topic New rules 

A .................. General Mobile Radio Service (GMRS) .......... 1–183 Personal Radio Services ................................. 300–399 

B .................. Family Radio Service (FRS) ............................ 191–194 Family Radio Service (FRS) ............................ 500–599 

C .................. Radio Control (R/C) Radio Service ................. 201–225 Radio Control Radio Service (RCRS) ............. 700–799 

D .................. Citizens Band (CB) Radio Service .................. 401–428 CB Radio Service ............................................ 900–999 

E .................. Technical Regulations ..................................... 601–673 General Mobile Radio Service (GMRS) .......... 1700–1799 

F .................. 218–219 MHz Service ..................................... 801–861 218–219 MHz Service ..................................... 1900–1999 

G .................. Low Power Radio Service (LPRS) .................. 1001–1019 Low Power Radio Service (LPRS) .................. 2100–2199 

H .................. Wireless Medical Telemetry Service (WMTS) 1101–1129 Wireless Medical Telemetry Service (WMTS) 2300–2399 

I .................... Medical Device Radiocommunication Service 

(MedRadio).

1201–1225 Medical Device Radiocommunication Service 

(MedRadio).

2500–2599 

J ................... Multi-Use Radio Service (MURS) .................... 1301–1317 Multi-Use Radio Service (MURS) .................... 2700–2799 

K .................. Personal Locator Beacons (PLB) .................... 1400–1402 Personal Locator Beacons (PLBs) .................. 2900–2999 

L ................... Dedicated Short Range Communications 

Service On-Board Units (DSRCS–OBUs).

1501–1511 DSRCS On-Board Units (OBUs) ..................... 3100–3199 

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 certification .......... 91 marketing limitations 

3 definitions ................................. 33 prohibited uses ...................... 63 frequencies, channels ........... 93 labeling 

5 authority to operate .................. 35 use of certified equip ............ 65 frequency accuracy ............... 95 disclosures 

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 responsibility ........... 73 emission bandwidths.

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 identification .............. 81 voice obscuring features.

23 station inspection ................... 53 false communications ........... 83 reserved.

25 interference ............................ 55 reserved ................................ 85 RF exposure.

27 restricted operation ................ 57 duration of transmissions ...... 87 additional 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-beforetalk’’ 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 


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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-byrule’’ 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 inline 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-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 siteby-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 


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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 handsfree 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 


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41100 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

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 subaudible 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 


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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 ShortRange 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 


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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 


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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 

■ 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. 

■ 2. Section 1.1307 is amended by 

revising paragraphs (b)(2)(iii) and (iv) to 

read as follows: 

§ 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 §§ 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 

§§ 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. 

* * * * * 

■ 3. Section 1.4000 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 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 

■ 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. 

■ 5. Section 15.3 is amended by revising 

paragraph (g) to read as follows: 

§ 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 

■ 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. 

■ 7. Section 73.1207 is amended by 

revising paragraphs (c)(1) and (3) to read 

as follows: 

§ 73.1207 Rebroadcasts. 

* * * * * 

(c) * * * 

(1) Messages originated by privatelyowned 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 


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41104 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

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. 

* * * * * 

■ 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. 


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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 

§ 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. 

§ 95.101–95.299 [Reserved] 

§ 95.301 Scope. 

This subpart contains rules that apply 

generally to all of the Personal Radio 

Services. 


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§ 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 

§ 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 


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

§ 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., 

§ 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 § 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. 

§ 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 § 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.) 


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41108 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

(2) Any foreign government. (You are 

subject to its rules.) 

§ 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 § 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: prcz@naic.edu. 

(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. 

§ 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. 

§ 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 § 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 § 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 § 312(b) of the Communications Act 

(47 U.S.C. 312(b)). 

§ 95.315 [Reserved] 

§ 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 § 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). 


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§ 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 noncompliant 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. 

§ 95.321 [Reserved] 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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., §§ 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 §§ 2.932 

and 2.1043 of this chapter. 

§ 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. 

§ 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. 

§ 95.341 [Reserved] 

§ 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. 


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41110 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

(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. 

§ 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., §§ 95.945 and 

95.1745. 

§ 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., §§ 95.1747, 

95.2347, and 95.2547. 

§ 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., §§ 95.949 and 95.2749. 

§ 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., 

§ 95.1751. 

§ 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)). 

§ 95.355 [Reserved] 

§ 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., § 95.2357. Some 

Personal Radio Services have specific 

duration limits, which are set forth in 

the subparts governing those services. 

See e.g., § 95.957. 

§ 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. 

§ 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 § 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. 

§ 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). 

§ 95.365 [Reserved] 

§ 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). 

§ 95.369 [Reserved] 

§ 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., 

§§ 95.971 and 95.2971. 

(b) Emission type designators. 

Emission type designators are defined in 

§ 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 

§ 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. 


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§ 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 § 95.359), if the application for such 

grant is filed on or after December 27, 

2017. 

§ 95.385 RF exposure evaluation. 

(a) Personal Radio Services devices 

are subject to the radio frequency 

radiation exposure requirements 

specified in §§ 1.1307(b), 2.1091 and 

2.1093 of this chapter, as appropriate. 

(b) FCC certification (see § 95.335) of 

transmitter types that are ‘‘portable 

devices,’’ as defined in § 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 §§ 1.1307(b) and 2.1093 of 

this chapter. See §§ 95.2385 and 

95.2585. 

§ 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 § 302(b) of the 

Communications Act (47 U.S.C. 

302a(b)). See also part 2, subpart I 

(§ 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 § 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 § 95.359) regardless of 

whether the Commission has previously 

certified that radio. 

§ 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. 

§ § 95.395–95.499 [Reserved] 

Subpart B—Family Radio Service 

(FRS) 

§ 95.501 Scope. 

This subpart contains rules that apply 

only to the Family Radio Service (FRS). 

§ 95.503 Definitions, FRS. 

Family Radio Service (FRS). A shortdistance 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. 

§§ 95.505–95.517 [Reserved] 

§ 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 § 95.319. 

§§ 95.521–95.529 [Reserved] 

§ 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 § 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. 

§ 95.533 Prohibited FRS uses. 

FRS units must not be used for oneway communications other than those 

listed in § 95.531(b). Initial 

transmissions to establish two-way 

communications and data transmissions 

listed in § 95.531(a) are not considered 

to be one-way communications for the 

purposes of this section. 

§ § 95.535–95.559 [Reserved] 

§ 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. 

§ 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 


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41112 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

FRS channel center frequencies are set 

forth in the following table: 

Channel No. 

Center 

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 

§ 95.565 FRS frequency accuracy. 

Each FRS transmitter type must be 

designed such that the carrier 

frequencies remain within ±2.5 partsper-million of the channel center 

frequencies specified in § 95.563 during 

normal operating conditions. 

§ 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. 

§ 95.569 [Reserved] 

§ 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. 

§ 95.573 FRS authorized bandwidth. 

Each FRS transmitter type must be 

designed such that the occupied 

bandwidth does not exceed 12.5 kHz. 

§ 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. 

§ 95.577 FRS tone requirements. 

In addition to the tones permitted 

under § 95.377, FRS transmitter types 

may be designed to transmit brief tones 

to indicate the end of a transmission. 

§ 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. 

§§ 95.581–95.585 [Reserved] 

§ 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 § 95.563. 

(b) Antenna. The antenna of each 

FRS transmitter type must meet the 

following requirements. 

(1) The antenna must be a nonremovable 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 thirtysecond 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-andforward 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-byrule services in this chapter (part 15 

unlicensed equipment authorizations 

are permitted if consistent with part 15 

rules). 

§ 95.589 [Reserved] 

§ 95.591 Sales of FRS combination radios 

prohibited. 

Effective September 30, 2019, no 

person shall sell or offer for sale handheld 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). 

§§ 95.593–95.699 [Reserved] 

Subpart C—Radio Control Radio 

Service 

§ 95.701 Scope. 

This subpart contains rules that apply 

only to the Radio Control Radio Service 

(RCRS). 

§ 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 


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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. 

§§ 95.705–95.717 [Reserved] 

§ 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 § 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. 

§§ 95.721–95.723 [Reserved] 

§ 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. 

§§ 95.727–95.729 [Reserved] 

§ 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. 

§ 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. 

§ 95.735 RCRS equipment certification 

exception. 

Notwithstanding the general 

requirement of § 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. 

§§ 95.737–95.739 [Reserved] 

§ 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 § 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). 

§ 95.743 [Reserved] 

§ 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 § 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. 

§§ 95.747–95.755 [Reserved] 

§ 95.757 Duration of RCRS 

Communications. 

Communications on RCRS channels 

shall be limited to the minimum 

practicable time that is necessary. 

§ 95.759 [Reserved] 

§ 95.761 RCRS transmitter certification. 

(a) Except as provided in § 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. 

§ 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. 


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41114 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

(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. 

§ 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 partsper-million (ppm) of the channel center 

frequencies listed in § 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 

§ 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 

§ 95.763(a) during normal operating 

conditions. 

§ 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. 

§ 95.769 [Reserved] 

§ 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). 

§ 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. 

§§ 95.775–95.777 [Reserved] 

§ 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. 

§§ 95.781–95.785 [Reserved] 

§ 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 § 95.763. 

(c) For RCRS transmitter types 

incorporating plug-in frequencydetermining 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. Plugin crystals are not considered modules 

and must not be accessible to the user. 

§§ 95.789–95.899 [Reserved] 

Subpart D—CB Radio Service 

§ 95.901 Scope. 

This subpart contains rules that apply 

only to the CB Radio Service. 

§ 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. 


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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 41115 

§ 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 § 95.305 is voided if 

that person violates any of the operating 

rules in this subpart, this part, or other 

parts of this chapter. 

§§ 95.907–95.917 [Reserved] 

§ 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 

§ 95.319. 

(a) A damaged antenna on a handheld 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 §§ 95.967, 

95.973, 95.975 or 95.979. 

(d) Changing plug-in modules which 

were certified as part of the CBRS 

transmitter. 

§ 95.921 [Reserved] 

§ 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. 

§ 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. 

§ 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. 

§ 95.929 [Reserved] 

§ 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. 

§ 95.933 Prohibited CBRS uses. 

In addition to the prohibited uses set 

forth in § 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 § 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. 

§ 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 

§ 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). 

§ 95.937 [Reserved] 

§ 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 § 95.967. 

(b) The operator of a CBRS station 

must not attach an external radio 

frequency power amplifier to a certified 

CBRS transmitter. 

§ 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 § 95.317 regarding 

menaces to air navigation. See § 95.317 

and consult part 17 of the FCC’s Rules 

for more information. 


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41116 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

§ 95.943 [Reserved] 

§ 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 § 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 § 95.329 regarding 

contacting the FCC. 

§ 95.947 [Reserved] 

§ 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. 

§ 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. 

§ 95.959 [Reserved] 

§ 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. 

§ 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). 

CBRS channel No. 

Center 

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 

§ 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 § 95.963 under all normal operating 

conditions. 

§ 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. 

§ 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. 

§ 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. 

§ 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%. 


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§ 95.977 CBRS tone transmissions. 

In addition to the tones permitted 

under § 95.377, CBRS transmitter types 

may be designed to transmit brief tones 

to indicate the beginning or end of a 

transmission. 

§ 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. 

§§ 95.981–95.985 [Reserved] 

§ 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 § 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 § 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 derated by no more than 50 °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. 

§ 95.989 [Reserved] 

§ 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 § 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 §§ 95.963 and 95.965. 

§§ 95.993–95.1699 [Reserved] 

Subpart E—General Mobile Radio 

Service 

§ 95.1701 Scope. 

This subpart contains rules that apply 

only to the General Mobile Radio 

Service (GMRS). 

§ 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. 


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41118 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

§ 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 § 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). 

§§ 95.1707–95.1721 [Reserved] 

§ 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 

§ 95.1705(f)(4) of this part. 

§§ 95.1725–95.1729 [Reserved] 

§ 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. 

§ 95.1733 Prohibited GMRS uses. 

(a) In addition to the prohibited uses 

outlined in § 95.333 of this chapter, 

GMRS stations must not communicate: 


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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 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 § 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 § 95.1731(b). Initial 

transmissions to establish two-way 

communications and data transmissions 

listed in § 95.1731(d) are not considered 

to be one-way communications for the 

purposes of this section. 

§§ 95.1735–95.1739 [Reserved] 

§ 95.1741 GMRS antenna height limits. 

GMRS station antennas must meet the 

requirements in § 95.317 regarding 

menaces to air navigation. See § 95.317 

and consult part 17 of the FCC’s Rules 

for more information (47 CFR part 17). 

§ 95.1743 Minor GMRS operators. 

Operators under the age of 18 will not 

be held personally responsible, 

pursuant to § 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. 

§ 95.1745 GMRS remote control. 

Notwithstanding the prohibition in 

§ 95.345, GMRS repeater, base and fixed 

stations may be operated by remote 

control. 

§ 95.1747 GMRS automatic control. 

Notwithstanding the prohibition in 

§ 95.347, GMRS repeater stations may be 

operated by automatic control. 

§ 95.1749 GMRS network connection. 

Operation of a GMRS station with a 

telephone connection is prohibited, as 

in § 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 § 95.1745. 

§ 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. 

§§ 95.1753–95.1559 [Reserved] 

§ 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 § 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 handheld 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). 

§ 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 

§ 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: 


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41120 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

467.5675, 467.5875, 467.6125, 467.6375, 

467.6625, 467.6875, and 467.7125 MHz. 

§ 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 

§ 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 § 95.1763 under 

normal operating conditions. 

§ 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 handheld 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. 

§ 95.1769 [Reserved] 

§ 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. 

§ 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 § 95.1763(a)) or 

any of the 467 MHz main channels (see 

§ 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 

§ 95.1763(b)) and is 12.5 kHz for GMRS 

transmitters operating on any of the 467 

MHz interstitial channels (see 

§ 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. 

§ 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 § 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. 

§ 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 § 95.377), GMRS 

transmitters may also transmit audio 

tones for station identification (see 

§ 95.1751). 

§ 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. 

Emission types filter Attenuation 

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 

§ 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 


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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. 

§ § 95.1781–95.1785 [Reserved] 

§ 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 thirtysecond 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 nonremovable 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] 

§ 95.1789 [Reserved] 

§ 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. 

§ § 95.1793–95.1899 [Reserved] 

Subpart F—218–219 MHz Service 

§ 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. 

§ 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 § 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 § 95.1923. 

§ 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. 

§ 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, noncommon 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 § 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. 

§ 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 § 1.924 of this chapter) is 


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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). 

§ 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. 

§ 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 § 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. 

§ 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 § 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 

§ 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 § 95.1931 of 

this part. 

§ 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 

§ 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 

§ 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). 

§ 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 

§ 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 

§§ 1.2110 and 1.2111 of this chapter (see 

§ 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 § 95.1933. 

§ 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 

§ 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 


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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 § 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 

§ 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 § 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 

§ 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 § 95.1933 of 

this part for their respective partitioned 

areas. If either licensee failed to meet its 

requirement in § 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 § 95.1933 

of this part for the entire market. If the 

partitionor fails to meet the requirement 

in § 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 

§ 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 § 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 

§ 95.1933 of this part. 

§ 95.1931 Service requirements. 

Subject to the initial construction 

requirements of § 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. 

§ 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 § 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 


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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 § 95.1913 of this part. 

§ 95.1935 Station identification. 

No RTU or CTS is required to transmit 

a station identification announcement. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

§ 95.1911(b) of this part). CTS antennas 

must also meet the requirements in 

§ 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 § 95.1961. 

§ 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 § 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 § 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. 

§ § 95.1963–95.1999 [Reserved] 

Subpart G—Low Power Radio Service 

§ 95.2101 Scope. 

This subpart contains rules that apply 

only to the Low Power Radio Service 

(LPRS). 

§ 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 


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communication service for providing 

auditory assistance to persons with 

disabilities (and others), health care 

related communications, law 

enforcement tracking, and for certain 

other purposes. 

§ 95.2105 LPRS operator eligibility. 

Subject to the requirements of 

§§ 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 § 95.2131(d)). 

§ 95.2107 [Reserved] 

§ 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 § 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. 

§ § 95.2111–95.2123 [Reserved] 

§ 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. 

§ § 95.2127–95.2129 [Reserved] 

§ 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. 

§ 95.2133 Prohibited LPRS uses. 

LPRS stations must not be used for 

two-way voice communications. 

§ 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 § 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). 

§ § 95.2143–95.2159 [Reserved] 

§ 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. 

§ 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. 

Channel No. 

Center 

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. 

Channel No. 

Center 

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 


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41126 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

(c) Narrowband channels. The 

following table lists the narrowband 

channel numbers and corresponding 

center frequencies in Megahertz. 

Channel No. 

Center 

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 

Channel No. 

Center 

frequency 

(MHz) 

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 

Channel No. 

Center 

frequency 

(MHz) 

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. 


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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 41127 

§ 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 § 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 § 95.2163(c) during normal operating 

conditions. 

§ 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. 

§ § 95.2169–95.2171 [Reserved] 

§ 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 

§ 95.2163(c) is 4 kHz. 

(b) The occupied bandwidth for 

emissions transmitted on the standard 

band, extra band or AMTS channels 

listed in § 95.2163(a), (b), or (d), 

respectively, is limited through 

compliance with the unwanted 

emissions rule (§ 95.2179). 

§ § 95.2175–95.2177 

§ 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. 

§ 95.2181–95.2189 [Reserved] 

§ 95.2191 LPRS marketing limitations. 

Transmitters intended for operation in 

the LPRS may be marketed and sold 

only for those uses described in 

§ 95.2131. 

§ 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. 

§ 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. 

§ 95.2197–95.2999 [Reserved] 

Subpart H—Wireless Medical 

Telemetry Service 

§ 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. 

§ 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. 


sradovich on DSK3GMQ082PROD with RULES2
41128 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

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. 

§ 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 § 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. 

§ 95.2307 [Reserved] 

§ 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/wirelessmedical-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 § 90.259(b) of this chapter of 

the need to comply with the field 

strength limit of § 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 § 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 § 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°–20′–38.28′′ North Latitude, 

66°–45′–09.42′′ West Longitude; 

(ii) National Radio Astronomy 

Observatory, Socorro, New Mexico: 34°– 

04′–43′′ North Latitude, 107°–37′–04′′ 

West Longitude; or 

(iii) National Radio Astronomy 

Observatory, Green Bank, West Virginia: 

38°–26′–08′′ North Latitude, 79°–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°–18′ 108°–07′ 

Kitt Peak, AZ .......... 31°–57′ 111°–37′ 

Los Alamos, NM ..... 35°–47′ 106°–15′ 

Fort Davis, TX ........ 30°–38′ 103°–57′ 

North Liberty, IA ..... 41°–46′ 91°–34′ 

Brewster, WA .......... 48°–08′ 119°–41′ 

Owens Valley, CA .. 37°–14′ 118°–17′ 

Saint Croix, VI ........ 17°–46′ 64°–35′ 

Mauna Kea, HI ....... 19°–49′ 155°–28′ 

Hancock, NH .......... 42°–56′ 71°–59′ 

(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 


sradovich on DSK3GMQ082PROD with RULES2
Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 41129 

systems in these bands are specified in 

footnotes US351 and US352 of § 2.106 

of this chapter. 

§ § 95.2311–95.2323 [Reserved] 

§ 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. 

§ § 95.2327–95.2329 [Reserved] 

§ 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. 

§ 95.2333 Prohibited WMTS uses. 

Operators of WMTS transmitters must 

not use them for any purpose not set 

forth in § 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 §§ 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. 

§ § 95.2335–95.2345 [Reserved] 

§ 95.2347 WMTS automatic control. 

Notwithstanding the provisions of 

§ 95.347, WMTS operations may be 

conducted under manual or automatic 

control. 

§ § 95.2349–95.2355 [Reserved] 

§ 95.2357 WMTS duration of 

transmissions. 

WMTS operations may be conducted 

on a continuous basis, notwithstanding 

the provisions of § 95.357. 

§ 95.2359 [Reserved] 

§ 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. 

§ 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 

§ 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 

§ 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. 

§ 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. 

§ 95.2367 [Reserved] 

§ 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 quasipeak 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. 

§ § 95.2371–95.2377 [Reserved] 

§ 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 m V/m, measured at a 

distance of 3 meters using measuring 

instrumentation with a CISPR quasipeak detector. 

(b) Unwanted emissions on 

frequencies above 960 MHz must not 

exceed 500 m V/m, measured at a 

distance of 3 meters using measuring 

equipment with an averaging detector 

and a 1 MHz measurement bandwidth. 

§ § 95.2381–95.2383 [Reserved] 

§ 95.2385 WMTS RF exposure evaluation. 

Portable devices as defined in 

§ 2.1093(b) of this chapter operating in 

the WMTS are subject to radio 

frequency radiation exposure 

requirements as specified in 

§§ 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. 

§ § 95.2387–95.2391 [Reserved] 

§ 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.’’ 


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41130 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

§ 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. 

§ § 95.2397–95.2499 [Reserved] 

Subpart I—Medical Device Radio 

Communications Service 

§ 95.2501 Scope. 

This subpart contains rules that apply 

only to the Medical Device Radio 

Communications (MedRadio) Service. 

§ 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. 

§ 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. 

§ 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 § 95.2509. For the purposes of 

this subpart, health care facilities are 

limited to hospitals and other 

establishments, both Federal and nonFederal, that offer services, facilities and 

beds for use beyond a 24 hour period in 

rendering medical treatment. 

§ 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 § 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, 


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(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 § 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 § 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-ofsight 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 mobilesatellite 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 nondiscriminatory 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. 


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41132 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 

§ 95.2511–95.2521 [Reserved] 

§ 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. 

§ 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 

§ 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. 

§ 95.2527–95.2529 [Reserved] 

§ 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 nonvoice 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. 

§ 95.2533 Prohibited MedRadio uses. 

MedRadio Service transmitters must 

not be operated for uses other than those 

set forth in § 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 bodyworn device. Wireless retransmission of 

information intended to be transmitted 

by a MedRadio programmer/control 

transmitter or information received from 

a medical implant or medical bodyworn 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 § 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. 

§ 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. 

§ 95.2537–95.2539 [Reserved] 

§ 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. 

§ 95.2543–95.2545 [Reserved] 

§ 95.2547 MedRadio automatic control. 

Notwithstanding the provisions of 

§ 95.347, MedRadio transmitters may be 

operated under automatic control or 

manual control. 

§ 95.2549 MedRadio network connection. 

MedRadio programmer/control 

transmitters may be interconnected with 

other telecommunications systems 

including the public switched network. 

§ 95.2551–95.2555 [Reserved] 

§ 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 

§ 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 

§ 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 

§ 95.2559(b)(4) for no more than 360 

milliseconds in total within a one hour 


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

§ 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 


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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. 

§ 95.2561 MedRadio transmitter 

certification. 

(a) Except as provided § 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. 

§ 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 § 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 § 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 

§ 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 § 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. 

§ 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 °C to 45 °C in the case of 

medical implant transmitters; and 

(b) 0 °C to 55 °C in the case of 

MedRadio programmer/control 

transmitters and medical body-worn 

transmitters. 

§ 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 § 95.2569. 

(a) Transmitters subject to frequency 

monitoring—401–406 MHz. For 

MedRadio transmitters that are not 

excepted under § 95.2559(b) from the 

frequency monitoring requirements of 

§ 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 

§ 95.2559(b)(2) or (3) from the frequency 

monitoring requirements of § 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 § 95.2559(b)(4) from the 

frequency monitoring requirements of 

§ 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 


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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. 

§ 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 

§ 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. 

M–EIRP 

limit 

Open 

area 

(mV/m) 

Free 

space 

(mV/m) 

1 mW ................ 115.1 57.55 

25 μW ............... 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 

§ 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 § 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). 

§ 95.2571 MedRadio emission types. 

A MedRadio station may transmit any 

emission type appropriate for 

communications in this service. Voice 

communications, however, are 

prohibited. 

§ 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 § 95.2579. See also 

§ 95.2567 regarding maximum radiated 

power limits, § 95.2565 on frequency 

accuracy, § 95.2569 on field strength 

measurements, and § 95.2585 on RF 

exposure. 

§ 95.2575–95.2577 [Reserved] 

§ 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). 

Frequency range 

(MHz) 

Field 

strength 

(μV/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. 


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(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. 

§ 95.2581–95.22583 [Reserved] 

§ 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 

§§ 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. 

§ 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. 

§ 95.2589 [Reserved] 

§ 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 § 95.2531. 

§ 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 § 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. 

§ 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 


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

§ 95.2597–95.2699 [Reserved] 

Subpart J—Multi–Use Radio Service 

§ 95.2701 Scope. 

This subpart contains rules that apply 

only to the Multi-Use Radio Service 

(MURS). 

§ 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. 

§ 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. 

§ 95.2707 Airborne use of MURS not 

authorized. 

Notwithstanding the provisions of 

§ 95.307, MURS operation is not 

authorized aboard aircraft in flight. 

§ 95.2709–95.2717 [Reserved] 

§ 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 § 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. 

§ 95.2721–95.2723 [Reserved] 

§ 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. 

§ 95.2727–95.2729 [Reserved] 

§ 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. 

§ 95.2733 Prohibited MURS uses. 

MURS stations must not be operated 

as repeater stations or signal boosters. 

This prohibition includes store-andforward packet operation. 

§ 95.2735–95.2739 [Reserved] 

§ 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 

§ 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). 

§ 95.2743–95.2747 [Reserved] 

§ 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. 

§ 95.2751–95.2755 [Reserved] 

§ 95.2757 MURS duration of 

transmissions. 

MURS stations may not be operated in 

the continuous carrier transmit mode. 

§ 95.2759 [Reserved] 

§ 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). 

§ 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 


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type must be designed to transmit on 

one or more of these channels. 

§ 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 § 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 § 95.2763 

during normal operating conditions. 

§ 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. 

§ 95.2769 [Reserved] 

§ 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 toneoperated squelch tones to establish or 

continue voice communications. MURS 

transmitters are prohibited from 

transmitting in the continuous carrier 

mode. 

§ 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. 

§ 95.2775 MURS audio filter. 

The audio filter referenced in 

§ 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. 

§ 95.2777 [Reserved] 

§ 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 

§ 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 § 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 

§ 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. 

§ 95.2781–95.2899 [Reserved] 

Subpart K—Personal Locator Beacons 

and Maritime Survivor Locating 

Devices 

§ 95.2901 Scope. 

This subpart contains rules that apply 

only to Personal Locator Beacons (PLBs) 

and Maritime Survivor Locating Devices 

(MSLDs). 

§ 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. 

§ 95.2905 PLB registration. 

Each PLB owner must initially 

register their PLB with National Oceanic 

and Atmospheric Administration 


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(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 § 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. 

§ 95.2907–95.2929 [Reserved] 

§ 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. 

§ 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. 

§ 95.2935–95.2959 [Reserved] 

§ 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. 

§ 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. 

§ 95.2965–95.2969 [Reserved] 

§ 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. 

§ 95.2973–95.2985 [Reserved] 

§ 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). 

§ 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]. 

§ 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 


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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. 

§ 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 §§ 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 § 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. 

§ 95.2995–95.3099 [Reserved] 

Subpart L—DSRCS On-Board Units 

§ 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 ShortRange Communications Services 

(DSRCS) (see § 90.371 of this chapter). 

§ 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 § 90.7 of 

this chapter for a more detailed 

definition. 

On-Board Unit (OBU). OBUs are lowpower devices on vehicles that transfer 

data to roadside units in the Dedicated 

Short-Range Communications Service 

(see §§ 90.371–90.383 of this chapter), to 

improve traffic flow and safety, and for 

other intelligent transportation system 

purposes. See § 90.7 of this chapter. 

Roadside Unit (RSU). See § 90.7 of 

this chapter. 

§ 95.3105–95.3129 [Reserved] 

§ 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. 

§ 95.3133–95.3157 [Reserved] 

§ 95.3159 OBU channel sharing and 

priority of use. 

In general, the provisions of 

§§ 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 

§ 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 nonpriority communications. Disputes 

concerning non-priority OBU 

communications associated with 

Roadside Units (RSUs) are governed by 

the provisions of § 90.377(e) and (f) of 

this chapter. Disputes concerning nonpriority OBU communications not 

associated with RSUs are governed by 

§§ 95.325, 95.327, and 95.359. 

§ 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. 

§ 95.3163 OBU channels. 

The following table lists the channels 

allotted for use by On-Board Units 

(OBUs): 

Channel 

No. 

Channel 

use 

Frequency 

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. 

§ 95.3165 [Reserved] 

§ 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. 

§ 95.3169–95.3187 [Reserved] 

§ 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, 


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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations 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 (GMRS) ........................................................ Part 95, Subpart E. 

95.1 The General Mobile Radio Service (GMRS) .......................................................... 95.1703. 

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 the GMRS ................................................... 95.1705(f). 

95.45 Considerations on Department of Defense land and in other circumstances ...... 95.309. 

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 power ............................................................ 95.367, 95.1767. 

95.139 Adding a small base station or a small control station ....................................... Removed. 

95.141 Interconnection prohibited ................................................................................... 95.349, 95.1749. 

95.143 Managing a GMRS system in an emergency ..................................................... 95.1705(c), 95.1731. 

95.171 Station operator duties ........................................................................................ 95.305, 95.1705. 

95.179 Individuals who may be station operators .......................................................... 95.305, 95.1705. 

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—Locations Where GMRS Is Regulated by the 

FCC.

95.307. 

Subpart B—Family Radio Service (FRS) .......................................................................... Part 95, Subpart B. 

95.191 (FRS Rule 1) Eligibility and responsibility ........................................................... 95.305, 95.359. 

95.192 (FRS Rule 2) Authorized locations ..................................................................... 95.307, 95.309. 

95.193 (FRS Rule 3) Types of communications ............................................................. 95.331, 95.333, 95.349, 95.377, 95.531, 95.533, 

95.577, 95.587. 

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 Service ............................................................... Part 95, Subpart C. 

95.201 (R/C Rule 1) What is the Radio Control (R/C) Radio Service? ......................... 95.703. 

95.202 (R/C Rule 2) How do I use these rules? ............................................................ Removed. 

95.203 (R/C Rule 3) Am I eligible to operate an R/C station? ....................................... 95.305. 

95.204 (R/C Rule 4) Do I need a license? ..................................................................... 95.305. 

95.205 (R/C Rule 5) Where may I operate my R/C station? ......................................... 95.307. 

95.206 (R/C Rule 6) Are there any special restrictions on the location of my R/C station?.95.309 

95.207 (R/C Rule 7) On what channels may I operate? ................................................ 95.359, 95.725, 95.733, 95.763. 

95.208 (R/C Rule 8) How high may I put my antenna? ................................................. 95.317, 95.741. 

95.209 (R/C Rule 9) What equipment may I use at my R/C station? ............................ 95.335, 95.337, 95.361, 95.735, 95.761. 

95.210 (R/C Rule 10) How much power may I use? ..................................................... 95.337, 95.767. 

95.211 (R/C Rule 11) What communications may be transmitted? ............................... 95.731, 95.771. 

95.212 (R/C Rule 12) What communications are prohibited? ........................................ 95.333, 95.733, 95.745. 

95.213 (R/C Rule 13) May I be paid to use my R/C station? ........................................ 95.333, 95.733(c ). 

95.214 (R/C Rule 14) Who is responsible for R/C communications I make? ................ 95.343. 

95.215 (R/C Rule 15) Do I have to limit the length of my communications? ................. 95.357, 95.757. 

95.216 (R/C Rule 16) Do I identify my R/C communications? ....................................... 95.351. 

95.217 (R/C Rule 17) May I operate my R/C station transmitter by remote control? .... 95.345, 95.745. 

95.218 (R/C Rule 18) What are the penalties for violating these rules? ....................... 95.313. 

95.219 (R/C Rule 19) How do I answer correspondence from the FCC? ..................... 95.311. 


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95.220 (R/C Rule 20) What must I do if the FCC tells me that my R/C station is causing interference?.95.311, 95.319. 

95.221 (R/C Rule 21) How do I have my R/C transmitter serviced? ............................. 95.319, 95.719. 

95.222 (R/C Rule 22) May I make any changes to my R/C transmitter? ...................... 95.319, 95.337. 

95.223 (R/C Rule 23) Do I have to make my R/C station available for inspection? ..... 95.323. 

95.224 (R/C Rule 24) What are my station records? ..................................................... 95.311. 

95.225 (R/C Rule 25) How do I contact the FCC? ......................................................... 95.329. 

Subpart D—Citizens Band (CB) Radio Service ................................................................ Part 95, Subpart D. 

95.401 (CB Rule 1) What are the Citizens Band Radio Services? ................................ 95.303, 95.503, 95.903, 95.2103, 95.2503, 95.2303, 

95.2703, 95.3103. 

95.402 (CB Rule 2) How do I use these rules? ............................................................. 95.305, 95.307. 

95.403 (CB Rule 3) Am I eligible to operate a CB station? ........................................... 95.305, 95.905. 

95.404 (CB Rule 4) Do I need a license? ...................................................................... 95.305. 

95.405 (CB Rule 5) Where may I operate my CB station? ............................................ 95.307, 95.309. 

95.406 (CB Rule 6) Are there any special restrictions on the location of my CB station?.95.309. 

95.407 (CB Rule 7) On what channels may I operate? ................................................. 95.359, 95.363, 95.931, 95.963. 

95.408 (CB Rule 8) How high may I put my antenna? .................................................. 95.317, 95.941. 

95.409 (CB Rule 9) What equipment may I use at my CB station? .............................. 95.337, 95.361, 95.935, 95.939, 95.961. 

95.410 (CB Rule 10) How much power may I use? ....................................................... 95.337, 95.967. 

95.411 (CB Rule 11) May I use power amplifiers? ........................................................ 95.939. 

95.412 (CB Rule 12) What communications may be transmitted? ................................ 95.377, 95.931, 95.933. 

95.413 (CB Rule 13) What communications are prohibited? ......................................... 95.333, 95.933. 

95.414 (CB Rule 14) May I be paid to use my CB station? ........................................... 95.333, 95.933. 

95.415 (CB Rule 15) Who is responsible for communications I make? ........................ 95.343. 

95.416 (CB Rule 16) Do I have to limit the length of my communications? .................. 95.357, 95.359, 95.957. 

95.417 (CB Rule 17) Do I identify my CB communications? ......................................... 95.351. 

95.418 (CB Rule 18) How do I use my CB station in an emergency or to assist a 

traveler?.

95.357, 95.931, 95.957. 

95.419 (CB Rule 19) May I operate my CB station transmitter by remote control? ...... 95.303, 95.345, 95.945. 

95.420 (CB Rule 20) May I connect my CB station transmitter to a telephone? ........... 95.949. 

95.421 (CB Rule 21) What are the penalties for violating these rules? ......................... 95.313. 

95.422 (CB Rule 22) How do I answer correspondence from the FCC? ...................... 95.311. 

95.423 (CB Rule 23) What must I do if the FCC tells me that my CB station is causing interference?.95.311, 95.319. 

95.424 (CB Rule 24) How do I have my CB transmitter serviced? ............................... 95.319, 95.919. 

95.425 (CB Rule 25) May I make any changes to my CB transmitter? ......................... 95.337, 95.919. 

95.426 (CB Rule 26) Do I have to make my CB station available for inspection? ........ 95.323. 

95.427 (CB Rule 27) What are my station records? ...................................................... 95.311, 95.343. 

95.428 (CB Rule 28) How do I contact the FCC? .......................................................... 95.329. 

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 frequencies .............................................................. 95.363, 95.1763. 95.1765. 

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 401–406 MHz band .............................................. 95.2503, 95.2525, 95.2559, 95.2563, 95.2565, 95.2567, 

95.2569, 95.2573, 95.2579, 95.2587. 

95.628 Medradio transmitters in the 413–419 MHz, 426–432 MHz, 438–444 MHz, 

and 451–457 MHz bands.

95.2525, 95.2559, 95.2563(e), 95.2565, 95.2567, 

95.2569, 95.2573, 95.2587. 

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 antennas ............................................................. 95.587(b), 95.787(a). 

95.649 Power capability .................................................................................................. 95.367, 95.567, 95.767, 95.967, 95.1767, 95.2167, 

95.2369, 95.2567, 95.2767, 95.3167. 


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Previous CFR unit Current CFR unit 

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—Glossary of Terms ................................................. 95.303, 95.503, 95.703, 95.903, 95.1703, 95.2103, 

95.2303, 95.2503, 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 spectrum disaggregation ....................................... 95.1923. 

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 power limitation ................................................... 95.1955. 

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 Service ............................................................. Part 95, Subpart H. 

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 requirement ............................................................... 95.335, 95.2361, 95.2393. 

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 medical telemetry devices operating in the 

608–614 MHz band.

95.2309(f). 

95.1121 Specific requirements for wireless medical telemetry devices operating in the 

1395–1400 and 1427–1432 MHz bands.

95.2309(g). 

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 Radiocommunication Service (MedRadio) ............................ Part 95, Subpart I. 

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 coordination in the 2360–2390 MHz Band ........... 95.2509. 


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Previous CFR unit Current CFR unit 

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 boosters prohibited ........................................ 95.2733. 

95.1313 Interconnection prohibited ................................................................................. 95.2749. 

95.1315 Antenna height restriction ................................................................................. 95.2741. 

95.1317 Grandfathered MURS stations Subpart K—Personal Locator Beacons (PLB) 95.2705 Part 95, Subpart K. 

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 PLBs ......................................................... 95.2987, 95.2989, 95.2993.

Subpart L—Dedicated Short-Range Communications Service On-Board Units 

(DSRCS–OBUs).

Part 95, Subpart L. 

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 


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