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

FEDERAL COMMUNICATIONS No. 10–119, RM Nos. 10762 and 10844, Satellite Personal Locator Beacons COMMISSION FCC 17–57, adopted May 18, 2017 and (PLBs),’’ with Amendment 1, and with released May 19, 2017. The full text of Amendment 2, dated June 8, 2012 47 CFR Parts 1, 15, 73, and 95 the part 95 R&O, including the (RTCM 11010) formerly contained in [WT Docket Nos. 10–119; RM–10762, RM– Appendix, is available for inspection old rule section § 95.1402(a) is now set 10844; FCC 17–57] and copying during normal business forth in new rule section § 95.2989(b); hours in the FCC Reference Center, 445 the IBR of RTCM standard RTCM Personal Radio Service Reform 12th Street SW., Room CY–A157, 11901.1, ‘‘Maritime Survivor Locating Washington, DC 20554, or by Devices (MSLD),’’ dated June 4, 2012, AGENCY: Federal Communications downloading the text from the formerly contained in old rule section Commission. Commission’s Web site at https:// § 95.1403(b) is now set forth in new rule ACTION: Final rule. apps.fcc.gov/edocs_public/attachmatch/ section § 95.2989(c); and the IBR DOC-344617A1.pdf. standard of American Society for SUMMARY: The Federal Communications Alternative formats are available for Testing and Materials (ASTM) standard Commission (Commission) adopted a people with disabilities (Braille, large E2213–03, Standard Specification for comprehensive reorganization of and print, electronic files, audio format), by Telecommunications and Information update to the rules governing the sending an email to [email protected] or Exchange Between Roadside and Personal Radio Services (PRS). PRS calling the Consumer and Government Vehicle Systems—5 GHz Band provides for a wide variety of wireless Affairs Bureau at (202) 418–0530 Dedicated Short Range Communications devices that are used by the general (voice), (202) 418–0432 (TTY). (DSRC) Medium Access Control (MAC) public for personal communication The Report and Order, in deleting two and Physical Layer (PHY) Specifications uses, which include applications like of the FCC’s rules (47 CFR 95.671 and published in 2003, formerly contained walkie-talkies, radio controlled model 95.673), stated that such action would in old rule section § 95.1509 is now set toys, Personal Locator Beacons (PLBs), not become effective until after the forth in new rule section § 95.3189(a). medical implant devices and other uses. Federal Register publication of the date In addition to the comprehensive review that the Office of Management and The effective language of each IBR, and update of the rules to reflect Budget (OMB) approved the resulting including the IBR approval from the modern practices, the Commission modification of the information Director of the Federal Register, remains enhanced the General Mobile Radio collections under the Paperwork the same, as well as information on how Service (GMRS) to allow new digital Reduction Act (PRA) and effective date to obtain copies of the standards. applications, allot additional interstitial of such modification. Because Further, the documents are available for channels and extend the license term subsequent review and consultation inspection at Commission headquarters from five to ten years. It also allotted with OMB has revealed that there is no at 445 12th Street SW., Washington, DC additional channels to the Family Radio existing clearance that will be modified 20554. Synopsis Service (FRS) and increased the power by the deletion of these two rules, OMB I. Report and Order (Part 95 Reform on certain FRS channels from 0.5 Watts review is not necessary. Thus, the same Proceeding, WT Docket No. 10–119) to two Watts. It also updated the CB effective date applies to all of the rules Radio Service to allow hands-free in the Report and Order. A. Overall Reorganization of Part 95 headsets, removed a restriction on Therefore, the effective date for the removal of 47 CFR 95.671 and 95.673 is 1. In the part 95 R&O, the communicating over long distances and Commission used an organizational removed other outdated requirements. the same as the other rule changes adopted in the action. structure somewhat different than what These changes and others outlined it had proposed in recognition that some below will update PRS rules to be more The Report and Order moves four provisions that incorporate by reference services were so unique, their technical in line with current public demands for rules could not easily be integrated into the services and will make the rules standards for certain part 95 devices to new rule sections. The Director of the a technical subpart. Consequently, the easier to read and find information, part 95 R&O eliminated duplication by while also removing outdated Federal Register previously approved the incorporation by reference (IBR) of consolidating identical or essentially requirements and removing unnecessary similar administrative rules that apply rules. these standards and has approved moving these standards IBR to new rule broadly to all or most of the Personal DATES: Effective September 28, 2017. sections. Radio Services into Subpart A, as The incorporation by reference of Specifically, the incorporation by proposed; and consolidated similar or certain publications listed in the rule is reference of International identical technical rules that apply approved by the Director of the Federal Telecommunication Union (ITU) broadly to all or most of the Personal Register as of September 28, 2017. Recommendation ITU–R M.1459, Radio Services into Subpart A instead of FOR FURTHER INFORMATION CONTACT: ‘‘Protection criteria for telemetry into a new Subpart B. Additionally, all Thomas Derenge (technical), (202) 418– systems in the aeronautical mobile the rules are written in a consistent 2451 or Scot Stone (legal), (202) 418– service and mitigation techniques to plain language format and the 0638, regarding the Report and Order in facilitate sharing with geostationary ‘‘Question and Answer’’ format is WT Docket 10–119. Both contact broadcasting-satellite and mobile- removed. persons are in the Mobility Division, satellite services in the frequency bands 2. To reduce confusion, the new rules Wireless Telecommunications Bureau, 1 452–1 525 and 2 310–2 360 MHz,’’ will not use the same numbers as the and may also be contacted at (202) 418– May 2000, formerly contained in old prior rules and even numbers will not 7233 (TTY). section § 95.1223(c)(2) is now set forth be used to allow room for insertion of SUPPLEMENTARY INFORMATION: This is a in new section § 95.2509(e)(2); the IBR new rules in the future if needed. The summary of the Commission’s Report of Radio Technical for Maritime (RTCM) new arrangement of subparts, as and Order in the part 95 Reform Service standard RTCM 11010.2, compared to the existing arrangement, is proceeding (part 95 R&O), WT Docket ‘‘RTCM Standard 11010.2 for 406 MHz 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 1201–1225 Medical Device Radiocommunication Service 2500–2599 (MedRadio). (MedRadio). 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 1501–1511 DSRCS On-Board Units (OBUs) ...... 3100–3199 Service On-Board Units (DSRCS–OBUs).

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

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 stable in recognition that technologic security in communicating private Proposed Rulemaking released June 7, advancements made the requirement information. 2010 in the part 95 Reform Proceeding unnecessary. Further, the Commission B. GMRS (Notice of Proposed Rule Making and concluded that voice obscuring features Memorandum Opinion and Order on are not appropriate for part 95 services. 5. GMRS is a long standing service in Reconsideration, WT Docket No. 10– Specifically, the Commission stated that part 95 with a regulatory structure 119, 25 FCC Rcd 7651) (part 95 NPRM), voice obscuring features on services like grounded in the assumption that GMRS proposed several technical changes to General Mobile Radio Service (GMRS) systems are designed like traditional the part 95 rules such as to establish and FRS undermine the ‘‘listen-before- land mobile systems, i.e., comprised of channel numbers across the PRS; to use talk’’ etiquette used in these services, handheld portable units, mobile consistent and up-to-date technical prevents self-policing by other device stations, base stations, and repeaters. units of measure for frequency users and hinders communications However, rather than obtaining tolerance, power limits, and unwanted during emergency calls, without exclusive authorization for specific emissions for all PRS; and to conform providing true security against channels at specific locations, GMRS and clarify the rules pertaining to voice eavesdropping. Therefore, part 95 users had to obtain an individual obscuring in PRS devices. The part 95 devices that include voice obscuring license valid for five years, which R&O declined to establish channel features will not receive equipment allowed them to share the GMRS numbers across part 95 because the authorization 90 days after the effective channels with other GMRS licensees. record did not support the change. date of the rules prohibiting these GMRS is allotted sixteen 25 kilohertz Similarly, the part 95 R&O did not find devices, and the rule also prohibits the main channels (eight main channels in sufficient justification to change any manufacture, import, sell or offer for the 462 MHz band and eight main particular power limit (with exception sale of non-compliant devices two years channels in the 467 MHz band). of increased power for certain Family after the effective date of the rule. The Between (and partially overlapping) the Radio Service (FRS) channels as Commission did not prohibit the 462 MHz main GMRS channels are discussed below). The part 95 R&O did continued use of existing radios with seven interstitial channels designated update frequency tolerance and stability voice-obscuring features to minimize for GMRS use (25 kilohertz bandwidth). requirements to express the limits in the burden of this rule on consumers, The Family Radio Service (FRS) is terms of parts per million and removed but it suggests that operators refrain allotted 14 interstitial channels (12.5 the requirement that transmitters use from using such features, and advises kilohertz bandwidth and only 0.5 Watts crystal control to keep frequencies them not to rely upon such features for power) between (and partially

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overlapping) the GMRS main channels that may be using those channels. The have no technical similarity to GMRS, in the 462 MHz and 467 MHz bands. Commission concluded the benefits of so such a broad exemption to the 6. GMRS licensing issues. Given that these new digital message capabilities Commission’s standard practice of many part 95 services are ‘‘licensed-by- outweighed the risk of increased requiring a part 95 equipment rule’’ and use low powered devices interference or congestion in the GMRS. authorization would lead to unknown without the need for an individual Further, the decision not to permit consequences on the service. license, the part 95 NPRM explored detachable antennas for GMRS portable 9. Further, the part 95 R&O did not whether the Commission should units is based upon a concern that an in- change the power limits on GMRS as it continue to license GMRS, permit line amplifier from a detachable antenna had explored in the part 95 NPRM higher powered land mobile operations, port could allow 467 MHz interstitial because commenters did not support the or change the structure of the types of operations greatly exceeding the 0.5 change and because the licensing devices used under GMRS. Most Watt power limit and could interfere requirement for GMRS was maintained. commenters oppose eliminating the with repeater operations. Similarly, the part 95 R&O did not GMRS licensing requirement due to 8. The part 95 R&O also declined implement any narrowbanding of GMRS concerns that it would result in a suggestions from recent comments to 25 kHz channels because the interstitial decline in the operating etiquette that is expand the scope of these data channels are already in use by FRS and essential to successful channel sharing applications to allow them on devices any benefit of such narrowbanding or due to the unique flexibility that with detachable antennas and on all would be outweighed by the cost of licensees having to obtain new GMRS allows licensees to operate GMRS channels and to change the duty higher powered land mobile systems. equipment. The Commission deleted cycle or response parameters of the data Therefore, the part 95 R&O maintained section 95.29(g), which pertains to applications (e.g., automatic or periodic the individual licensing requirement for certain GMRS systems authorized before data response). Similarly, the all GMRS stations. However, as March 18, 1968 because the rule is Commission declined to expand GMRS addressed below in the discussion of obsolete. Additionally, the Commission capabilities to authorize digital voice issues pertaining to the FRS, the part 95 removed reference to ‘‘small’’ base and modulation techniques, such as time R&O revised the rules to reclassify many control stations and related provision division multiple access (TDMA) (i.e., GMRS/FRS hand-held combination from the GMRS rules because these 7K60FXE 2-slot DMR TDMA). For radios as FRS units that do not require stations are a remnant of the former site- similar reasons, it declined to allow an individual license. Further, to reduce by-site GMRS licensing regime which is the administrative burden on GMRS GMRS licensees to use equipment no longer in place. licensees and FCC staff, the GMRS certified under part 90 Land Mobile C. FRS license term was changed from five to Radio Service rules unless it is also ten years, which will also reduce the certified for part 95. The Commission 10. FRS Combination Radios. The cost because only one application fee is declined to create an exclusion for part 95 R&O explained that most FRS needed every ten years instead of two. GMRS and FRS devices to communicate radios sold today are relatively 7. GMRS data applications. The part with similar devices in Canada due to inexpensive combination GMRS/FRS 95 R&O granted a Petition for lack of a complete record. The radios that have the capability to Rulemaking filed by Garmin which Commission also declined to change or transmit on twenty-two channels (the would allow GMRS handheld portable clarify the rules regarding network seven shared GMRS/FRS channels devices to transmit digital data connections in the GMRS rules. Finally, between the GMRS 462 MHz channels, messages. These messages will be the Commission declined to delete the the seven FRS channels between the limited to location information, requests GMRS prohibition on messages that are GMRS 467 MHz channels, and the eight for location information from other both conveyed by a wireline control link GMRS 462 MHz channels) with an ERP units, and brief text messages to another and transmitted by a GMRS station. In of two Watts on the GMRS channels and specific unit; must be initiated by a each of these instances, the late filed 0.5 Watts on the FRS channels. manual action or command of a user, comments generated insufficient record However, the record indicates that the except that a unit receiving a location to make a determination on the requests vast majority of people who use these request from another unit may and evaluate the impact of the requests radios do not obtain a GMRS license. To automatically respond with its location; if allowed. For example, comments address the public demand for longer must not exceed one second in duration; addressing digital voice on GMRS are range FRS devices and to resolve the and must not be sent more frequently split; some parties suggesting it should issue of noncompliance with the GMRS than one digital data transmission be allowed outright, one party licensing obligation, the Commission within any thirty-second period, suggesting it could be migrated in on a essentially reclassified these FRS/GMRS excluding automatic responses to secondary basis, one suggesting new combination radios as FRS only, if they location requests. Moreover, GMRS channels be made available for digital meet certain technical requirements. transmitters capable of digital data voice that avoid existing analog Specifically, to accommodate these transmissions: Must have integrated channels, and another suggesting that radios in FRS, the Commission (i.e., non-detachable) antennas; and may certain GMRS channels be set aside for increased the maximum authorized make digital data transmissions only on ‘‘digital only’’ or ‘‘digital primary.’’ The radiated power limit for FRS channels the 462 MHz GMRS channels and the Commission determined there is 1–7 from 0.5 Watts to two Watts, and new 467 MHz interstitial GMRS insufficient record to determine the allotted the GMRS 462 MHz main channels shared with the FRS. In impact of a variety of new digital voice channels to be shared with FRS with a addition, the part 95 R&O limited the operations on the ‘‘listen before talk’’ two watt power limit. The new channels occupied emission bandwidth of digital etiquette, self-policing, and emergency will be numbered FRS channels 15 data transmissions to 12.5 kilohertz on calls that occur on these shared through 22. In addition, the Commission the 462 MHz and 467 MHz interstitial channels. Further, regarding the use of allotted FRS channels 8 through 14 (the channels, but allow up to 20 kHz on the part 90 equipment that is not also interstitial channels between the GMRS 462 MHz main GMRS channels to be certified under part 95, the part 95 R&O 467 MHz channels, which formerly consistent with other GMRS emissions noted that many part 90 certified radios were designated exclusively for FRS) to

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GMRS for use on a shared basis with the technical capabilities of FRS units, or other vehicle, while not providing so FRS. These channels will be available to especially the channels on which they much distance as to be considered GMRS operators under the same are capable of transmitting with the remote control, and no additional technical limits that currently apply to exception for part 15 unlicensed devices technical restrictions are currently FRS. The Commission retained the five to continue to allow the incorporation of needed. Cordless microphones and Watts ERP limit for GMRS operation on part 15 features such as WI–FI and headsets used with CBRS transmitters the 462 MHz interstitial channels. Bluetooth headsets into FRS devices. must be certified to comply fully with Consequently, all FRS frequencies will This action removes the confusion of part 15 of the Commission’s rules, and now be shared with GMRS, while the whether a purchaser needs a license or must not change any of the operating eight GMRS 467 MHz main channels meets eligibility requirements to operate parameters of the CBRS transmitter or (repeater input channels) will remain devices in this band because they will adversely affect the CBRS transmission. exclusively GMRS. In other words, be classified as either FRS or a different The Commission also concluded that it existing GMRS/FRS combination radios service, not under both services. is unnecessary to limit the use of hands- already in operation will be reclassified 12. The same implementation free devices to those that are made by as FRS if the power is less than two schedule outlined above for devices or certified to the manufacturer of the Watts ERP and they do not use the 467 with voice obscuring features is used for CBRS transmitter. To the contrary, such MHz main channels, so no individual these changes to FRS. That is, 90 days a requirement would seem to license will be is required. Otherwise, after the effective date of new sections unnecessarily reduce competitive devices not meeting these requirements 95.561(c) and 95.1761(c) adopted in the options and consumer choice. Finally, will be classified as GMRS where an part 95 R&O, no equipment the Commission stated that voice individual license is required. The authorization will be granted for any operated transmit (VOX) could be used Commission stated that the two watt transmitter type under FRS and any with CBRS cordless microphones. The limit for FRS is appropriate because other service, other than part 15. Commission found that the technology many of the existing combination Second, two years after the effective is sufficiently developed that VOX GMRS/FRS radios already operate under date of new sections 95.587(e), 95.591, microphones are able to effectively that level with no significant complaints 95.1791(a) and (b) adopted in the part operate in a variety of noisy about interference or other problems, 95 R&O, no person shall be permitted to environments. and it provides a reasonable balance manufacture or import, sell or offer for 14. Review of CB Operating Rules. between the desire for increased range sale any radio equipment capable of The part 95 NPRM sought comment on over the prior FRS power levels and operating under both subpart B (FRS) various CBRS operating rules, including battery life. Further, the two watt limit and any other service, other than part rules that limit the duration of is the power used for part 95 MURS 15. The Commission grandfathered the conversations, rules restricting the devices which are also licensed by rule, operation of any existing combination transmission of music or sound effects, both MURS and FRS facilitate various radios as set forth above, and reminded and restrictions on communicating applications (e.g., voice and data) for the operators of such existing devices that when propagation allows long range general public in the VHF frequency fit within the reclassified GMRS communications. While the record range with comparable spectral category that they must obtain a license supported some form of duration environments, and use of this power before operating a GMRS device. limitation on CBRS transmissions, there is no consensus on whether or how the limit has worked safely and D. CB Radio Service existing limits should be modified, so appropriately in this analogous service. 13. The part 95 R&O changed the the existing rules were maintained. 11. To prevent the creep of FRS name of the Citizens Band Radio Service Similarly, the record was inconclusive combination radios into other licensed to ‘‘CB Radio Service’’ (CBRS). The on the rule restricting the transmission services, the part 95 R&O adopted a rule public usually refers to this service of music, whistling, sound effects or any forbidding the certification of FRS simply as ‘‘CB’’ or ‘‘CB radio.’’ This material to amuse or entertain or attract devices that incorporate GMRS change will avoid confusion with the attention, so that rule was retained. capabilities, as well as other services, term ‘‘citizens band radio services’’ used However, the Commission removed the other than part 15 unlicensed in the Communications Act of 1934, as restriction on long range conversations applications. Operation of FRS units is amended, which encompasses all of the when sky wave propagation conditions licensed by rule and they are marketed radio services in part 95 that are allow such long range conversations. to and intended to be used by the licensed by rule except the Radio The record does not contain any general public as a simple and Control Radio Service. Further, in convincing evidence that the current inexpensive communications solution. response to a petition from Omnitronics, level of use of sky wave propagation by Because FRS units are intended to be LLC, the Commission amended its rules CBRS operators creates any increase in operated by anyone, even young to allow use of cordless microphones risk of harmful interference, or presents children, it is unrealistic to expect FRS with CBRS radios because there is any other cause for concern. users to know the channel assignments consumer demand for this feature and it Accordingly, the Commission retained and operating procedures for other radio will promote safety on the highways by the current power limit for CB and services. Further, because of the open reducing driver distraction for those eliminated the restriction on long-range eligibility to operate FRS devices, many using CBRS. Specifically, the communications. The Commission businesses use the devices in their Commission amended the rules to declined the request of some warehouses, retail stores and other clarify that the use of part 15-compliant commenters to increase the power limit, locations, so widespread use of devices cordless microphones and headsets with given the increased potential for with capabilities to operate in licensed CBRS stations is considered to be local interference to other services. and safety related services could result control, not remote control, of CB 15. Other CB Issues. The Commission in unintentional interference to safety stations. Further, the Commission found agreed with CB radio manufacturers that communications. Therefore, the that the existing technical parameters in the rule requiring that the serial number Commission amended the FRS part 15 are appropriate to allow of each CBRS radio be engraved into the equipment authorization rules to limit operation within or adjacent to a truck transmitter chassis is no longer

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necessary and the rule was removed. E. Radio Control Radio Service the general rule that addresses service This requirement was adopted in 1976 17. The Radio Control Radio Service and maintenance responsibilities and to help alleviate difficulties in (RCRS) is a one-way, short-distance, the RCRS rule that covers user identifying stolen CBRS equipment, but non-voice communications service for replaceable parts. because theft of mobile CBRS the wireless remote control of devices. F. Personal Locator Beacons equipment is no longer as large a It is principally used by hobbyists for 19. Personal Locator Beacons (PLBs) problem as it once was, the cost of flying model aircraft and controlling provide individuals in remote areas a engraving serial numbers on such other types of model vehicles such as means to alert others of an emergency equipment now appears to exceed any boats and cars. The Commission resultant benefits, and the requirement situation and to aid search and rescue changed the abbreviation for the Radio (SAR) personnel to locate those in seems to impose needless costs on the Control Radio Service from ‘‘R/C’’ to distress. 406 MHz PLBs provide manufacturer and therefore on the ‘‘RCRS’’ to be consistent with our worldwide alerting capability with consumer. Similarly, the Commission practice for the other Personal Radio distress alerts automatically routed, removed the requirement that Services. The part 95 R&O also removed through the international COSPAS/ manufacturers include a copy of the the rule that limited RCRS device SARSAT satellite system, to the SAR FCC operating rules with each new transmissions to three minutes unless authorities for a specific geographic CBRS radio. When this requirement the device requires changes at least once region. The part 95 R&O amends the originally was enacted, CBRS licensees per minute remains and replaces it with PLB rules to clarify that beacons were required to maintain a current the more general requirement that marketed or otherwise referred to as copy of the rules, but this requirement transmissions be limited to the Personal Locator Beacons or PLBs must was removed in 1982. The Commission minimum practical time. The meet the requirements set forth in 47 concluded that such a requirement is no Commission found the general CFR part 95, subpart K for 406 MHz longer necessary for CBRS equipment requirement to limit transmissions to PLBs to prevent confusion by users as and noted that CBRS radio operators the minimum practical time is more to the level of SAR response the devices and other PRS users can obtain appropriate for the RCRS going forward provide. information from the FCC Web site and because it will not unnecessarily limit request assistance using the FCC 800 applications that may not fit within the G. Other Part 95 Services number call center, and encouraged prior prescribed limitation. RCRS 20. While the part 95 NPRM sought manufacturers to direct users to the FCC channels will continue to be used on a comment on changes to other part 95 Web site www.fcc.gov or call center shared basis, however, and RCRS services, other than the reorganization 888–225–5322 (888–CALL–FCC) to find operators must cooperate in the of the rules to fit the new template, no information about operating selection and use of the channels and substantive changes to the MedRadio requirements. limit transmissions to the minimum Service, Low Power Radio Service, and practical time that is necessary. Multi Use Radio Service were made. 16. The Commission declined to 18. The comments opposed a proposal However, in response to recent adopt other changes proposed by in the part 95 NPRM to remove the comments by the American Society for commenters that, rather than prohibition on receiving payment for Healthcare Engineering of the American streamlining the CBRS rules, would transmitting with an RCRS station Hospital Association (ASHE), the part expand or substantially change the stating that RCRS operations are 95 R&O declined to modify new section character of the service. Specifically, the primarily recreational, and wireless 95.325 which required part 95 entities Commission declined to adopt the remote control of models for to first attempt to resolve interference by proposal to allow CBRS radios to commercial purposes belongs in the means of mutually satisfactory transmit data (other than the sub- Private Land Mobile Radio Services arrangements, so as to limit the mutual audible tone squelch and selective (part 90 of the FCC Rules). The resolution efforts to other part 95 calling that is already permitted) for the Commission decided to retain the licensees, and exclude efforts with purpose of short text messaging. The prohibition in the rules to ensure the unlicensed users causing interference to Commission also declined to adopt RCRS is not overtaken by commercial Wireless Medical Telemetry Service proposals to allow FM modulation or to operations, which should operate in (WMTS) systems. The Commission add additional channels for FM other bands. In response to comments, rejected the suggestion because it would modulation, or to narrowband and the part 95 R&O removed the overly limit the scope of the rule and digitize CBRS channels because 10 grandfather rule provisions that allowed would not address possible interference kilohertz channels are already relatively (1) continued manufacturing and between a part 95 device and a primary spectrally efficient and the alternative importing of 50 ppm RCRS equipment allocation service in adjacent spectrum. modulation techniques would be until March 1, 1992, and (2) continued However, the Commission clarified that incompatible with the existing marketing of 50 ppm RCRS equipment this rule does not require negotiations equipment base. Further, the until March 1, 1993, because these dates between services of unequal status (such Commission declined to adopt the have long passed. By removing the as licensed and unlicensed services) to proposal to transition the service to a grandfather rule, however, the resolve interference. The Commission band and modulation scheme that is Commission did not prohibiting the also rejected a request to exclude WMTS more appropriate for short-range further use of 50 ppm equipment that and MedRadio from the requirement in communications. Such changes are was FCC certified and marketed before new section 95.319(b) that internal beyond the scope of this proceeding, March 1, 1993, if any still exists. The repairs or modifications to part 95 and the Commission concluded that the Commission also incorporated devices be made by technically proponents of such changes do not clarifications to the rules suggested by qualified personnel. The Commission demonstrate sufficient potential for comments addressing permissible disagreed that anyone should be able to public benefits that would exceed the actions an RCRS operator may take in make internal repairs to WMTS and associated costs to merit further regard to servicing an RCRS transmitter. MedRadio transmitters, but modified consideration at this time. The clarifications are incorporated into the rule to make clear that a person

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making repairs need not be qualified to directly affect a substantial number of business concerns’’ that mention repair private land mobile services small entities. Upon application of these individual ‘‘persons.’’ While Congress equipment specifically. Further, the criteria, the Commission certified in the passed that Act to improve the Commission did adopt some editorial initial regulatory flexibility certification economic condition of certain groups of and administrative changes to the (IRFC) to the part 95 NPRM that the individuals, the Commission did not WMTS rules, such as updating the proposed rules, if adopted, would not find any Congressional intent to include frequency coordinator mailing address, have a significant economic effect on a ‘‘individual persons’’ within the but declined a suggestion that the rules substantial number of small entities. definition of ‘‘small entities.’’ require manufacturers to include a One commenter, Ross Snyder, objects to 26. With respect to entities that seek written notice with WMTS devices the Commission’s conclusion that the Commission certification of equipment stating that prior coordination is proposed rules would not have a for use in the PRS, the Commission required before a WMTS device is significant economic effect on a observed in the IRFC that they typically activated. As the Commission substantial number of small entities. Mr. are large manufacturing organizations, concluded previously, the rules already Snyder’s comments below are addressed and thus are not considered to be small set this requirement forth clearly. below. In addition, the Commission entities for purposes of the RFA. The Moreover, the Office of Engineering and concluded it was appropriate to certify PRS equipment market is both large and Technology plans to work with ASHE that the final rules adopted in the nationwide and most devices are and other parties as necessary to remind accompanying part 95 R&O will not manufactured and mass-marketed as hospitals and other health care have a significant economic effect on a consumer goods. This necessitates a providers that use WMTS equipment of substantial number of small entities. large-volume manufacturing capability their obligation to register with the 24. The Commission reorganizes and that small entities typically do not have. designated frequency coordinator and to revises part 95 of its rules governing Snyder argues that this conclusion is ensure that such registration Personal Radio Services (PRS). inconsistent with the Commission’s information is accurate. Specifically, it takes the following steps, finding in another proceeding that the 21. The part 95 R&O reduced the size among others: Reorganizing and revising majority of firms in the Census Bureau of the subpart heading for On-Board part 95 by consolidating similar or category of ‘‘Radio and Television Units (OBUs) in the Dedicated Short- duplicative rules; placing rules Broadcasting and Wireless Range Communications Service generally unique to each Service in Communications Equipment (DSRCS) by using only the acronym for separate subparts; organizing all rule Manufacturing’’ can be considered to be the service name. The rules for the topics, where possible, into four small. The Commission disagreed with DSRCS, a sub-service within the categories (administrative, operating, that assessment arguing that the part 95 Intelligent Transportation Systems technical, marketing) and listing them NPRM noted the involvement of small Radio Service, are found in part 90 of in a consistent pattern in each subpart; entities in the PRS, for example, those the Commission’s Rules, but the use of reformatting the part 95 rules; replacing, that make accessory devices. However, the shorter acronym ‘‘OBU’’ instead of where used before, the ‘‘Question and the Commission found that none of the ‘‘DSRCS–OBU’’ in part 95 rules is Answer’’ presentation of certain rules; proposed rules in the part 95 NPRM consistent with the existing part 90 removing certain rules that have had would directly affect any of them. rules. only an informative role; and deleting or Second, the part 95 NPRM, determined correcting in those rules certain that none of its proposed rules would II. Procedural Matters outdated references. Most of the rule have a significant economic effect on A. Final Regulatory Flexibility changes made in this Report and Order manufacturers of PRS devices regardless Certification are editorial and organizational in of their size. Accordingly, the IRFC in nature rather than substantive, and, as the NPRM, and this FRFC, does not 22. The Commission issued an Initial such, will not have any economic effect depend solely on a finding that PRS Regulatory Flexibility Certification in its on any entities, regardless of size. device makers are typically large Notice of Proposed Rulemaking in this 25. Of the remaining rule changes manufacturing organizations that are not proceeding. One commenter raises made in the part 95 R&O, many will considered to be small. Third, the regulatory flexibility issues in response directly affect only either certain Commission recognized that changes in to our certification. To address these operators of PRS stations or only certain the various compliance requirements issues, and as required by the entities that seek Commission adopted in the part 95 R&O will Regulatory Flexibility Act of 1980 certification of equipment for use in the necessitate the use of some engineering, (‘‘RFA’’), the Commission has included PRS. As the Commission observed in technical, operational, accounting, a Final Regulatory Flexibility the IRFC, the former typically are billing, and legal skills. However, the Certification (‘‘FRFC’’) with the part 95 individual persons, which are not entities affected by those changes R&O. considered to be small entities for already possess these skills. 23. The Regulatory Flexibility Act of purposes of the RFA. Snyder argues that Accordingly, given the nature of those 1980, as amended (RFA), requires that a individual persons should be requirements and the skills of the regulatory flexibility analysis be considered ‘‘small entities’’ for purposes entities to which they will apply, the prepared for rulemaking proceedings, of the RFA, first because, as SBA notes, Commission is unable to find that unless the agency certifies that ‘‘the rule some businesses are sole compliance will result in a significant will not, if promulgated, have a proprietorships. That a sole economic impact on a substantial significant economic impact on a proprietorship qualifies as a ‘‘small number of such entities. substantial number of small entities.’’ entity’’ does not equate to an SBA 27. Snyder also argues that the part 95 The two statutorily-mandated criteria to determination that a single individual NPRM overlooked other affected entities be applied in determining the need for always qualifies as a ‘‘small entity,’’ that are small entities, such as those that RFA analysis are (1) whether the because sole proprietorships can have make accessory devices for PRS radios proposed rules, if adopted, would have any number of employees. Snyder also and sell PRS radios and related a significant economic effect, and (2) if submits Congress included in the Small equipment, and non-individual entities so, whether the economic effect would Business Act references to ‘‘small that the Commission has authorized to

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operate PRS radios. Snyder claims the clarified that its rules already prohibit Executive Order 13272 by failing to Commission has a statutory duty to voice-obscuring features in these provide the SBA with advance notice of address the economic impact of its Personal Radio Services. its proposed rules and that the proposed rules on all small entities 30. Similarly, the prohibition on Commission did not satisfy a statutory affected by any new rule, whether that certain combination radios will not have obligation to identify significant impact involves reporting, record a significant economic impact on a alternatives to those proposals that keeping, or otherwise. However, the substantial number of small entities. would accomplish the stated objectives Commission found nothing in the The majority of device models produced while minimizing any significant comments of Snyder or other items in lack this capability so only a few economic impact on small entities. the record in this proceeding to companies, and an even fewer number Setting aside the question of whether a demonstrate that the rules adopted in of small entities, currently produce multi-member, independent Federal the part 95 R&O will have a direct and these devices. Therefore, because this agency, such as the Commission, must significant economic effect on provision is forward looking—meaning comply with that Order, the individuals or non-individuals, whether already certified equipment will not be Commission found its proposed rules licensed individually or by rule. The affected—and because few companies would not, if adopted, have a significant Commission concludes, therefore, that even manufacture this product, a economic impact on a substantial the rules adopted in the part 95 R&O substantial number of small entities will number of small entities. Where an will not directly affect many, if any, of not even be affected by this provision. agency makes such a finding it is not the small entities identified by Snyder. Assuming arguendo, however, that a necessary for it, under the RFA or that Thus, even assuming, arguendo, a substantial number of small entities will Order to provide SBA with advance significant economic effect on some be affected by future compliance, this notice of its proposals or to identify small entities, the Commission prohibition involves just one design significant alternatives. concluded that changes adopted will change that will not substantially 33. Therefore, the Commission not have such an effect on a substantial impact device manufacturers. In certified that the requirements of the number of such entities. addition, we believe that changing the part 95 R&O will not have a significant 28. Specifically, the part 95 R&O design of a PRS device to disallow economic impact on a substantial adopts certain rule changes, which transmitting capability in the other number of small entities. Snyder suggests will impact PRS device services is a small change relative to the 34. The Commission will send a copy manufacturers: (1) The prohibition on overall cost of producing the device. As of the part 95 R&O, including a copy of voice scrambling or other obscuring a result, this rule provision will not this Final Regulatory Flexibility features, and (2) the FCC no longer have a significant economic impact on Certification, in a report to Congress certifying part 95 combination radios PRS device manufacturers. pursuant to the Small Business with transmitting capability in other 31. With respect to the second Regulatory Enforcement Fairness Act of services licensed under 47 CFR. These statutory criterion, we note that, under 1996, see 5 U.S.C. 801(a)(1)(A). In rule changes involve the design or the RFA, the Commission and other addition, the part 95 R&O and this final testing of future equipment, as currently Federal agencies need only consider the certification will be sent to the Chief certified equipment would remain direct economic impact of their Counsel for Advocacy of the Small unaffected by this item. However, the proposed rules on a substantial number Business Administration, and will be Commission reaffirmed its earlier of small entities regulated under those published in the Federal Register, see 5 finding that none of these new rules. Accordingly, such agencies need U.S.C. 605(b). provisions would have a significant not consider indirect impacts. Snyder economic impact on device identifies a number of indirect B. Paperwork Reduction Analysis manufacturers. economic impacts that might arise from 35. The Report and Order identified 29. First, the prohibition on the adoption of certain rule changes in two rule changes that constituted equipment with voice scrambling or the part 95 R&O. For example, he argues modified information collection other obscuring features will not affect that granting operators in one radio requirements subject to the Paperwork a substantial number of small entity service flexibility to use spectrum in Reduction Act of 1995 (PRA), Public device manufacturers. Only ‘‘several’’ another can burden existing users of Law 104–13, that required Office of GMRS and FRS radios with this that finite allocation of spectrum. In Management and Budget (OMB) capability have been certified, and this addition, because the forthcoming approval before they become effective. prohibition will not impact compliance requirements may prevent After further review, we have found that manufacturers that have already had new manufactured equipment from OMB approval is not required. The such equipment certified as the meeting users’ communication Commission noted that, pursuant to the provision is forward looking only. In preferences, Snyder speculates that such Small Business Paperwork Relief Act of addition, the rule change will not users may stop purchasing such 2002, Public Law 107–198, see 44 U.S.C. significantly impact the few affected equipment, such that manufacturers, 3506(c)(4), it previously sought specific small entity manufacturers. Because distributors, and dealers of PRS comment on how it might ‘‘further these small entities typically equipment will suffer lost sales. Because reduce the information collection manufacture many types of radios and such economic impacts are indirect, it burden for small business concerns with wireless communications equipment, was not necessary to address them in fewer than 25 employees.’’ In the part disallowing just one product, among association with the part 95 NPRM. 95 R&O, the Commission assessed the many, will not significantly impact Also, because the final rules adopted in potential effects of the various policy them. Thus, this small design change, the part 95 R&O do not cause any of changes, and found that they do not on just one device among the many these impacts to become more direct, it change the burden on businesses with produced, will not have a significant is not necessary to address them in fewer than 25 employees. economic impact on these association with the part 95 R&O. manufacturers. Moreover, contrary to 32. The Commission also found no C. Congressional Review Act Snyder’s suggestion, this is not a rule merit in Snyder’s contentions that the 36. The Commission will send a copy change at all, for the Commission only Commission failed to comply with of the part 95 R&O to Congress and the

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Government Accountability Office, Federal Communications Commission. and/or from a fixed customer location. pursuant to the Congressional Review Marlene H. Dortch, Fixed wireless signals do not include, Act, see 5 U.S.C. 801(a)(1)(A). Secretary. among other things, AM radio, FM radio, amateur (‘‘HAM’’) radio, CB III. Ordering Clauses Final Rules radio, and Digital Audio Radio Service 37. Accordingly, it is ordered, For the reasons discussed in the (DARS) signals. pursuant to the authority contained in preamble, the Federal Communications * * * * * sections 1, 4(i), 4(j), 301, 303, 304, 309, Commission amends 47 CFR parts 1, 15, 73 and 95, as follows: PART 15—RADIO FREQUENCY 316, and 332 of the Communications DEVICES Act of 1934, as amended, and section PART 1—PRACTICE AND 706 of the Telecommunications Act of PROCEDURE ■ 4. The authority citation for part 15 1996, as amended, 47 U.S.C. 151, 154(i), continues to read as follows: 154(j), 301, 303, 304, 309, 316, 332, and ■ 1. The authority citation for part 1 is revised to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 304, 1302, that this report and order in WT 307, 336, 544a, and 549. Docket No. 10–119 is hereby adopted. Authority: 47 U.S.C. 151, 154(i), 154(j), ■ 155, 157, 160, 201, 225, 227, 303(r), 309, 332, 5. Section 15.3 is amended by revising 38. It is further ordered that parts 1, paragraph (g) to read as follows: 15, 73 and 95 of the Commission’s rules, 1403, 1404, 1451, 1452, and 1455. 47 CFR parts 1, 15, 73 and 95, are ■ 2. Section 1.1307 is amended by § 15.3 Definitions. amended as set forth in Appendix, and revising paragraphs (b)(2)(iii) and (iv) to * * * * * such rule amendments shall be read as follows: (g) CB receiver. Any receiver that effective, except as otherwise noted, 30 operates in the Personal Radio Services § 1.1307 Actions that may have a days after the date of publication of the significant environmental effect, for which on frequencies designated for CB Radio text thereof in the Federal Register. Environmental Assessments (EAs) must be Service stations, as well as any receiver 39. It is further ordered that, pursuant prepared. provided with a separate band to section 1.401(e) of the Commission’s * * * * * specifically designed to receive the rules, the petition of James Edwin (b) * * * transmissions of CB stations in the Whedbee is dismissed without (2) * * * Personal Radio Services. This includes prejudice. It is further ordered that, (iii) Portable transmitting equipment the following: pursuant to section 1.407 of the for use in the Wireless Medical (1) A CB receiver sold as a separate unit of equipment; Commission’s rules, the petitions of Telemetry Service (WMTS) is subject to (2) The receiver section of a CB Kirk D. Becker, Corey S. Becker, Ricky routine environmental evaluation as transceiver; L. Usinger, Brett Seifert, John Shagath, specified in §§ 2.1093 and 95.2385 of (3) A converter to be used with any Mike Waschbisch, and Cole Weiss are this chapter. (iv) Equipment authorized for use in receiver for the purpose of receiving CB granted to the extent described herein transmissions; and and are otherwise denied. the Medical Device Radiocommunication Service (4) A multiband receiver that includes 40. It is further ordered that the (MedRadio) as a medical implant device a band labelled ‘‘CB’’ or ‘‘11-meter’’ in Commission’s Consumer and or body-worn transmitter (as defined in which such band can be separately Governmental Affairs Bureau, Reference subpart I of part 95 of this chapter) is selected, except that an Amateur Radio Information Center, shall send a copy of subject to routine environmental Service receiver that was manufactured this report and order, including the evaluation for RF exposure prior to prior to January 1, 1960, and which Final Regulatory Flexibility equipment authorization, as specified in includes an 11-meter band shall not be Certification, to the Chief Counsel for §§ 2.1093 and 95.2585 of this chapter by considered to be a CB receiver. Advocacy of the Small Business finite difference time domain (FDTD) * * * * * Administration. computational modeling or laboratory PART 73—RADIO BROADCAST 41. It is further ordered that the measurement techniques. Where a SERVICES Commission shall send a copy of this showing is based on computational modeling, the Commission retains the report and order in a report to be sent ■ 6. The authority citation for part 73 discretion to request that supporting to Congress and the Government continues to read as follows: Accountability Office pursuant to the documentation and/or specific Congressional Review Act, see 5 U.S.C. absorption rate (SAR) measurement data Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339. 801(a)(1)(A). be submitted. ■ 7. Section 73.1207 is amended by 42. It is further ordered that, if no * * * * * revising paragraphs (c)(1) and (3) to read petitions for reconsideration or ■ 3. Section 1.4000 is amended by as follows: applications for review are timely filed, revising paragraph (a)(2) to read as this proceeding shall be terminated and follows: § 73.1207 Rebroadcasts. the docket closed. § 1.4000 Restrictions impairing reception * * * * * List of Subjects of television broadcast signals, direct (c) * * * broadcast satellite services or multichannel (1) Messages originated by privately- 47 CFR Part 1 multipoint distribution services. owned non-broadcast stations other * * * * * than those in the Amateur and CB Radio Communications equipment, Radio. (a) * * * Services may be broadcast only upon 47 CFR Parts 15, 73, and 95 (2) For purposes of this section, ‘‘fixed receipt of prior permission from the wireless signals’’ means any commercial non-broadcast licensee. Additionally, Communications equipment, non-broadcast communications signals messages transmitted by common Incorporation by reference, Radio. transmitted via wireless technology to carrier stations may be rebroadcast only

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upon prior permission of the originator 95.393 Instructions and warnings. 95.935 Unauthorized use of non-CBRS of the message as well as the station 95.395—95.499 [Reserved] transmitters. 95.937 [Reserved] licensee. Subpart B—Family Radio Service 95.939 External radio frequency power * * * * * 95.501 Scope. amplifiers prohibited. (3) Messages originated by stations in 95.503 Definitions, FRS. 95.941 CBRS antenna height limits. the Amateur and CB Radio Services may 95.505–95.517 [Reserved] 95.943 [Reserved] be rebroadcast at the discretion of 95.519 FRS replacement parts. 95.945 Remote control of a CBRS station. broadcast station licensees. 95.521–95.529 [Reserved] 95.947 [Reserved] * * * * * 95.531 Permissible FRS uses. 95.949 CBRS network connection. ■ 95.533 Prohibited FRS uses. 95.951–95.955 [Reserved] 8. Revise part 95 to read as follows: 95.535–95.559 [Reserved] 95.957 Duration of CBRS transmissions. PART 95—PERSONAL RADIO 95.561 FRS transmitter certification. 95.959 [Reserved] 95.563 FRS channels. 95.961 CBRS transmitter certification. SERVICES 95.565 FRS frequency accuracy. 95.963 CBRS channel frequencies. Subpart A—General Rules for the Personal 95.567 FRS transmit power. 95.965 CBRS transmit frequency accuracy. Radio Services 95.569 [Reserved] 95.967 CBRS transmitter power limits. 95.571 FRS emission types. 95.969 [Reserved] Sec. 95.573 FRS authorized bandwidth. 95.971 CBRS emission types. 95.100 Basis and purpose. 95.575 FRS modulation limits. 95.973 CBRS authorized bandwidth. 95.101–95.299 [Reserved] 95.577 FRS tone requirements. 95.975 CBRS modulation limits. 95.301 Scope. 95.579 FRS unwanted emissions limits. 95.977 CBRS tone transmissions. 95.303 Definitions. 95.581–95.585 [Reserved] 95.979 CBRS unwanted emissions limits. 95.305 Authorization to operate Personal 95.587 FRS additional requirements. 95.981–95.985 [Reserved] Radio Services stations. 95.589 [Reserved] 95.987 CBRS additional requirements. 95.307 Authorized station locations. 95.591 Sales of FRS combination radios 95.989 [Reserved] 95.309 Coordination procedures and other prohibited. 95.991 CBRS marketing limitations. restrictions for operation in certain 95.593 through 95.699 [Reserved] 95.993–95.1699 [Reserved] locations. 95.311 Correspondence and notices from Subpart C—Radio Control Radio Service Subpart E—General Mobile Radio Service the FCC. 95.701 Scope. 95.1701 Scope. 95.313 Penalties for violations of the 95.703 Definitions, RCRS. 95.1703 Definitions, GMRS. Communications Act or FCC rules. 95.705–95.717 [Reserved] 95.1705 Individual license required; 95.315 [Reserved] 95.719 RCRS replacement parts. eligibility; who may operate; cooperative 95.317 Registration of antenna structures 95.721–95.723 [Reserved] use. that may constitute a menace to air 95.725 Interference, RCRS. 95.1707–95.1721 [Reserved] navigation. 95.727–95.729 [Reserved] 95.1723 GMRS station inspection. 95.319 Malfunctioning transmitting 95.731 Permissible RCRS uses. 95.1725–95–1729 [Reserved] equipment. 95.733 Prohibited RCRS uses. 95.1731 Permissible GMRS uses. 95.321 [Reserved] 95.735 RCRS equipment certification 95.1733 Prohibited GMRS uses. 95.323 FCC inspection of station. exception. 95.1735–95.1739 [Reserved] 95.325 Interference. 95.737–95.739 [Reserved] 95.1741 GMRS antenna height limits. 95.327 Restricted operation. 95.741 RCRS antenna height limit. 95.1743 Minor GMRS operators. 95.329 How to contact the FCC. 95.743 [Reserved] 95.1745 GMRS remote control. 95.331 Permissible uses. 95.745 Operation of an RCRS transmitter by 95.1747 GMRS automatic control. 95.333 Prohibited uses. remote control. 95.1749 GMRS network connection. 95.335 Operation of non-certified 95.747–95.755 [Reserved] 95.1751 GMRS station identification. transmitters prohibited. 95.757 Duration of RCRS Communications. 95.1753–95.1559 [Reserved] 95.337 Operation of impermissibly 95.759 [Reserved] 95.1761 GMRS transmitter certification. modified equipment prohibited. 95.761 RCRS transmitter certification. 95.1763 GMRS channels. 95.339 Operation of transmitter with 95.763 RCRS channel frequencies. 95.1765 GMRS frequency accuracy. external device causing rule violation 95.765 RCRS frequency accuracy. 95.1767 GMRS transmitting power limits. prohibited. 95.767 RCRS transmitter power. 95.1769 [Reserved] 95.341 [Reserved] 95.769 [Reserved] 95.1771 GMRS emission types. 95.343 Station operator responsibility and 95.771 RCRS emission types. 95.1773 GMRS authorized bandwidths. requirements. 95.773 RCRS authorized bandwidth. 95.1775 GMRS modulation requirements. 95.345 Remote control. 95.775–95.777 [Reserved] 95.1777 GMRS tone transmissions. 95.347 Automatic control. 95.779 RCRS unwanted emissions. 95.1779 GMRS unwanted emissions limits. 95.349 Network connection. 95.781–95.785 [Reserved] 95.1781–95.1785 [Reserved] 95.351 Station identification. 95.787 RCRS additional requirements. 95.1787 GMRS additional requirements. 95.353 False distress signals. 95.789—95.899 [Reserved] 95.1789 [Reserved] 95.355 [Reserved] 95.1791 Sales of GMRS/FRS combination Subpart D—CB Radio Service 95.357 Duration of transmissions. radios prohibited. 95.359 Sharing of channels. 95.901 Scope. 95.1793 through 95.1899 [Reserved] 95.361 Transmitter Certification. 95.903 Definitions, CBRS. 95.363 Channels available for use. 95.905 Authority to operate CBRS stations Subpart F—218–219 MHz Service 95.365 [Reserved] voided by violation of operating rules. 95.1901 Scope. 95.367 Transmitting power. 95.907–95.917 [Reserved] 95.1903 218–219 MHz Service description. 95.369 [Reserved] 95.919 CBRS replacement parts. 95.1905 Permissible communications. 95.371 Emission types. 95.921 [Reserved] 95.1907 Requesting regulatory status. 95.377 Tones and signals. 95.923 CBRS station inspection. 95.1911 License requirements. 95.381 Voice obscuring features. 95.925 CBRS harmful interference. 95.1912 License term. 95.385 RF exposure evaluation. 95.927 CBRS quiet hours. 95.1913 Eligibility. 95.391 Manufacturing, importation, and 95.929 [Reserved] 95.1915 License application. sales of non-certified equipment 95.931 Permissible CBRS uses. 95.1916 Competitive bidding proceedings. prohibited. 95.933 Prohibited CBRS uses. 95.1919 License transferability.

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95.1923 Geographic partitioning and Subpart I—Medical Device Radio 95.2777 [Reserved] spectrum disaggregation. Communications Service 95.2779 MURS unwanted emissions limits. 95.1931 Service requirements. 95.2501 Scope. 95.2781 through 95.2899 [Reserved] 95.1933 Construction requirements. 95.2503 Definitions, MedRadio. Subpart K—Personal Locator Beacons and 95.1935 Station identification. 95.2505 MedRadio operator eligibility. Maritime Survivor Locating Devices 95.1937 Station inspection. 95.2507 MBAN devices restricted to indoor 95.1951 Certification. operation within a health care facility. 95.2901 Scope. 95.1953 Frequency segments. 95.2509 MBAN registration and frequency 95.2903 Definitions, PLBs and MSLDs. 95.1955 Transmitter effective radiated coordination. 95.2905 PLB registration. power limitation. 95.211–95.2521 [Reserved] 95.2907–95.2929 [Reserved] 95.1957 Emission standards. 95.2523 MedRadio transmitter inspection. 95.2931 Permissible use of PLBs. 95.1959 Antennas. 95.2525 MedRadio interference. 95.2933 Prohibited use of PLBs and MSLDs. 95.1961 Interference. 95.2527–95.2529 [Reserved] 95.2935–95.2959 [Reserved] 95.1963–95.1999 [Reserved] 95.2531 Permissible MedRadio uses. 95.2961 PLB and MSLD transmitter 95.2533 Prohibited MedRadio uses. certification. Subpart G—Low Power Radio Service 95.2535 MedRadio equipment certification 95.2963 PLB and MSLD frequency bands. 95.2101 Scope. exception. 95.2965–95.2969 [Reserved] 95.2103 Definitions, LPRS 95.2537–95.2539 [Reserved] 95.2971 PLB emission type. 95.2105 LPRS operator eligibility. 95.2541 MedRadio outdoor antenna 95.2973–95.2985 [Reserved] 95.2107 [Reserved] restrictions. 95.2987 Additional PLB and MSLD 95.2109 Notification to affected TV stations 95.2543–95.2545 [Reserved] certification requirements. required for AMTS use. 95.2547 MedRadio automatic control. 95.2989 PLB and MSLD technical 95.2111–95.2123 [Reserved] 95.2549 MedRadio network connection. standards. 95.2991 PLB and MSLD marketing 95.2125 LPRS interference. 95.2551–95.2555 [Reserved] limitations. 95.2127–95.2129 [Reserved] 95.2557 MedRadio duration of 95.2993 PLB identification plate or label 95.2131 Permissible LPRS uses. transmissions. and registration card. 95.2133 Prohibited LPRS uses. 95.2559 MedRadio channel access 95.2995 through 95.3099 [Reserved] 95.2141 LPRS antenna height and requirements. directivity requirements. 95.2561 MedRadio transmitter certification. Subpart L—DSRCS On-Board Units 95.2143–95.2159 [Reserved] 95.2563 MedRadio frequency bands. 95.2565 MedRadio frequency accuracy. 95.3101 Scope. 95.2161 LPRS transmitter certification. 95.3103 Definitions, OBUs. 95.2163 LPRS channels. 95.2567 MedRadio radiated power limits. 95.2569 MedRadio field strength 95.3105–95.3129 [Reserved] 95.2165 LPRS frequency accuracy. measurements. 95.3131 Permissible uses, OBUs. 95.2167 LPRS transmitting power. 95.2571 MedRadio emission types. 95.3133–95.3157 [Reserved] 95.2169–95.2171 [Reserved] 95.2573 MedRadio authorized bandwidths. 95.3159 OBU channel sharing and priority 95.2173 LPRS authorized bandwidths. 95.2575–95.2577 [Reserved] of use. 95.2175–95.2177 [Reserved] 95.2579 MedRadio unwanted emission 95.3161 OBU transmitter certification. 95.2179 LPRS unwanted emissions limits. limits. 95.3163 OBU channels. 95.2181–95.2189 [Reserved] 95.2581–95.2583 [Reserved] 95.3165 [Reserved] 95.2191 LPRS marketing limitations. 95.2585 MedRadio RF exposure evaluation. 95.3167 OBU transmit power limit. 95.2193 LPRS labeling requirements. 95.2587 MedRadio additional requirements. 95.3169–95.3187 [Reserved] 95.2195 LPRS disclosures. 95.2589 [Reserved] 95.3189 OBU technical standard. 95.2197–95.2299 [Reserved] 95.2591 MedRadio marketing limitations. Appendix A To Part 95—Cross Reference to Subpart H—Wireless Medical Telemetry 95.2593 MedRadio labeling requirements. Previous Rules Service 95.2595 MedRadio disclosures. Authority: 47 U.S.C. 154, 303, 307. 95.2597 through 95.2699 [Reserved] 95.2301 Scope. 95.2303 Definitions, WMTS. Subpart J—Multi-Use Radio Service Subpart A—General Rules for the Personal Radio Services 95.2305 WMTS operator eligibility. 95.2701 Scope. 95.2307 [Reserved] 95.2703 Definitions, MURS. § 95.100 Basis and purpose. 95.2309 WMTS frequency coordination. 95.2705 Grandfathered MURS stations. 95.2311–95.2323 [Reserved] 95.2707 Airborne use of MURS not This section contains a concise 95.2325 WMTS interference. authorized. general statement of the basis and 95.2327–95.2329 [Reserved] 95.2709–95.2717 [Reserved] purpose of the rules in this part, 95.2331 Permissible WMTS uses. 95.2719 MURS replacement parts. pursuant to 5 U.S.C. 553(c). 95.2333 Prohibited WMTS uses. 95.2721–95.2723 [Reserved] (a) Basis. These rules are issued 95.2335–95.2345 [Reserved] 95.2725 MURS interference. 95.2347 WMTS automatic control. 95.2727–95.2729 [Reserved] pursuant to the Communications Act of 95.2349–95.2355 [Reserved] 95.2731 Permissible MURS uses. 1934, as amended, 47 U.S.C. 151 et. seq. 95.2357 WMTS duration of transmissions. 95.2733 Prohibited MURS uses. (b) Purpose. The purpose of these 95.2359 [Reserved] 95.2735–95.2739 [Reserved] rules is to establish the requirements 95.2361 WMTS transmitter certification. 95.2741 MURS antenna height limit. and conditions under which stations 95.2363 WMTS frequency bands and 95.2743–95.2747 [Reserved] and devices incorporating radio channels. 95.2749 MURS network connection. transmitters may be designed, 95.2365 WMTS frequency accuracy. 95.2751–95.2755 [Reserved] manufactured, certified, marketed, 95.2367 [Reserved] 95.2757 MURS duration of transmissions. 95.2369 WMTS field strength limits. 95.2759 [Reserved] operated and used in the Personal Radio 95.2371–95.2377 [Reserved] 95.2761 MURS transmitter certification. Services. 95.2379 WMTS unwanted emissions limits. 95.2763 MURS channels. § 95.101–95.299 [Reserved] 95.2381–95.2383 [Reserved] 95.2765 MURS frequency accuracy. 95.2385 WMTS RF exposure evaluation. 95.2767 MURS transmitting power limit. § 95.301 Scope. 95.2387–95.2391 [Reserved] 95.2769 [Reserved] 95.2393 WMTS labeling requirements. 95.2771 MURS emission types. This subpart contains rules that apply 95.2395 WMTS disclosure. 95.2773 MURS authorized bandwidths. generally to all of the Personal Radio 95.2397–95.2499 [Reserved] 95.2775 MURS audio filter. Services.

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

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individually licensed services antenna, either directly or through a Service station, except as stated in comprising all of the radio services and feedline. paragraphs (c) and (d) of this section. other classifications of radio stations Transmitter type. A sample (c) Foreign government operator. No governed by the rules in this part (47 transmitter submitted for testing to entity that is a foreign government or CFR part 95). evaluate compliance with the technical which is acting in its capacity as a Plain language voice and design rules in this part, for the representative of a foreign government communications. Voice purpose of FCC certification pursuant to is authorized by this section to operate communications without codes or part 2, subpart J of this chapter. The Personal Radio Service stations. coded messages intended to provide a sample transmitter is identical to (as (d) Cease and desist order. No person hidden meaning. Foreign languages and defined in § 2.908 of this chapter) and subject to a cease and desist order commonly known radio operating representative of all other transmitters issued pursuant to § 95.313(d) is words and phrases, such as ‘‘ten four’’ of the same type. authorized by this section to operate and ‘‘roger,’’ not intended to provide a Two-way communications. Personal Radio Service stations. hidden meaning, are not considered Communications where information (e) Federal station. No person is codes or coded messages. flows in both directions through a authorized by this section to operate a Radio control radio service. Pursuant communications channel, either United States Government radio station. to 47 U.S.C. 307(e)(3), the term ‘‘radio simultaneously (duplex operation) or (f) Foreign station. No person is control radio service’’ means any radio alternately (simplex operation). authorized by this section to operate a service or other specific classification of Unwanted emissions. Emissions foreign government radio station. whose frequencies are outside of the radio stations used primarily for § 95.307 Authorized station locations. wireless telecommand and/or wireless necessary bandwidth; comprising out- of-band emissions and spurious Personal Radio Service stations telemetry purposes, for which the FCC generally may be operated in any has determined that it serves the public emissions. User. Any person who uses or benefits location included within the interest, convenience and necessity to descriptions in the following paragraphs authorize by rule the operation of radio from the operation of a Personal Radio Service station. in this section. In certain specific stations in that service or class, without locations, however, co-ordination individual licenses, pursuant to 47 Voice obscuring feature. A feature incorporated into a Personal Radio procedures or operating restrictions may U.S.C. 307(e)(1). apply, as set forth in § 95.309. Operation Remote control. Operation of a Service telephony transmitter that alters the sound of the user’s voice in such a of Personal Radio Service stations in Personal Radio Services station from a any location outside of those described location that is not in the immediate way that the communications are intended to be understandable only to in the following paragraphs is not vicinity of the transmitter. Operation of authorized by this part. a Personal Radio Services station from individuals using a similar unit that reverses the process on the receiving (a) Within the United States and its any location on the premises, vehicle or territories. Those areas include the fifty craft where the transmitter is located is end, so that the voice again becomes intelligible. United States and the District of not considered to be remote control. Columbia, the Commonwealth of Puerto Repeater station. A station in a fixed § 95.305 Authorization to operate Personal Rico, Navassa Island, the United States location used to extend the Radio Services stations Virgin Islands (50 islets and cays), communications range of mobile Pursuant to 47 U.S.C. 307(e)(1), this American Samoa (seven islands), Baker stations, hand-held portable units and rule section authorizes eligible persons Island, the Commonwealth of Northern control stations by receiving their to operate part 95 Personal Radio Marianna Islands, Guam Island and signals on one channel (the input Service stations and part 96 Citizens Howland Island, Jarvis Island, Johnston channel) and simultaneously Broadband Radio Service stations Island (Islets East, Johnston, North and retransmitting these signals on another without individual licenses, except as Sand), Kingman Reef, Midway Island channel (the output channel), typically provided in paragraph (a). Such (Islets Eastern and Sand), Palmyra with higher transmitting power from a operation must comply with all Island (more than 50 islets), and Wake favorable antenna location (typically applicable rules in this part. Island (Islets Peale, Wake and Wilkes). high above the surrounding terrain). (a) Individual licenses. A valid (b) Aboard any vessel or aircraft Spurious emissions. Unwanted individual license may be required registered in the United States. With the emissions, the level of which may be under this part to operate or use stations permission of the captain, while the reduced without affecting the in a particular service, certain types of vessel or aircraft is within or over the corresponding transmission of stations, stations transmitting on certain United States or its territories, U.S. information, including harmonic channels or frequency bands, or stations territorial waters, or upon or over emissions, parasitic emissions, transmitting with power above a certain international waters. intermodulation products and frequency level. Any such requirements applicable (c) Aboard any unregistered vessel or conversion products, but excluding out- to stations in any of the Personal Radio aircraft owned or operated by a United of-band emissions. Services are set forth in the subpart States citizen or company. While that Network connection. Connection of a governing that specific service. See e.g., vessel or aircraft is within or over the Personal Radio Services station to the § 95.1705. Otherwise, the FCC does not United States or its territories, U.S. public switched network, so that require or accept applications for an territorial waters or upon or over operators of other stations in that individual license to operate any type of international waters. service are able to make (and optionally Personal Radio Service station. (d) Other locations. Any other area of to receive) telephone calls through the (b) Operator eligibility. Some of the the world, except within the territorial connected station. Personal Radio Services have specific limits of areas where radio services are Transmit. Radiate electromagnetic operator eligibility requirements, which regulated by: energy. are set forth in the subparts governing (1) An agency of the United States Transmitter. A device which supplies those services. Otherwise, any person is other than the FCC. (You are subject to radio frequency electrical energy to an eligible to operate a Personal Radio its rules.)

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(2) Any foreign government. (You are an operator has made reasonable efforts Act, that operator may be fined up to subject to its rules.) to protect the Observatory from $10,000 or be imprisoned for a period interference, the operator may be not exceeding one year, or both. Upon § 95.309 Coordination procedures and allowed to operate the station. a subsequent violation, the other restrictions for operation in certain locations. imprisonment may be for a period not § 95.311 Correspondence and notices exceeding two years. See § 501 of the from the FCC. The operator of a Personal Radio Communications Act (47 U.S.C. 501). Service station may be required to Operators of Personal Radio Service (b) If a Federal court finds that a coordinate operation in advance and/or stations must respond to and comply Personal Radio Service station operator may be subject to operating restrictions with official communications from the has willfully and knowingly violated if the station is to be operated in certain FCC. locations, described in the following (a) The FCC may send a letter to the any FCC rule, the operator may be fined paragraphs in this section. operator of a Personal Radio Service up to $500 for each violation, or in the (a) In a Quiet Zone or near a protected station requesting specific information case of a continuing violation, $500 for FCC field office. Rules for these about the Personal Radio Service station each day that the violation continued. locations are set forth in § 1.924 of this or its operation. Upon receipt of such a See section 502 of the Communications chapter. letter, the operator must respond in Act (47 U.S.C. 502). (b) Near a U.S. border or in an area writing to the FCC office that sent the (c) If the FCC finds that a Personal that is or may be subject to an letter, within the time period stated in Radio Service station operator has international treaty or agreement. the letter. The written response must willfully or repeatedly violated one or Treaties and agreements may be viewed contain the information requested by more sections of the Communications or downloaded from the FCC Web site: the FCC, must be complete in itself, and Act or of the FCC Rules, that operator http://www.fcc.gov/ib/sand/agree/. should not rely on references to other may be liable for forfeiture. See § 1.80 of (c) At an environmentally sensitive communications or notices. this chapter for details about the site, or in a manner that may raise (b) If it appears to the FCC that the forfeiture procedures and amounts. environmental concerns. Rules for these operator of a Personal Radio Services (d) If the FCC finds that a Personal locations are set forth in part 1, subpart station has violated the Radio Service station operator is using I of this chapter (Procedures Communications Act or the FCC’s rules, a Personal Radio Service station in a Implementing the National the FCC may send that operator an way that violates one or more sections Environmental Policy Act of 1969). official notice concerning the apparent of the Communications Act or of the (d) In an area administered by the violation. Upon receipt of such official FCC Rules, the FCC may order the United States Government. For example, notice, the operator must respond in operator to cease and desist (i.e., the Department of Defense may impose writing to the FCC office that sent the immediately stop operating the station). restrictions on a station transmitting on letter, within the time period stated in See § 312(b) of the Communications Act land under its jurisdiction. Before the letter and comply with all (47 U.S.C. 312(b)). operating a station at such a point, the instructions in the notice concerning the operator should consult with the response. The written response must § 95.315 [Reserved] commanding officer in charge of the contain a complete written statement § 95.317 Registration of antenna land. that fully addresses each violation, structures that may constitute a menace to (e) Near the Arecibo Observatory. reports any action that the operator has air navigation. Anyone planning to operate a Personal taken to correct the violation and to Radio Services station on the islands of (a) Each antenna structure used for a prevent it from happening again, and Personal Radio Service station is subject Puerto Rico, Desecheo, Mona, Vieques, any other pertinent information, such as or Culebra in a manner that could pose to the antenna structure rules set forth other operators or stations that may in part 17 of this chapter. In particular, an interference threat to the Arecibo have caused the violation. Observatory must notify the observatory the owner of an antenna structure that (c) If the FCC notifies the operator of is more than 60.96 m (200 ft) in height at least 45 days in advance of the a Personal Radio Service station that the planned operation, by mail or email, to above ground level (see § 17.7 of this station is causing interference for chapter for specific criteria) may be the following address: Interference technical reasons, the operator must Office, Arecibo Observatory, HC3 Box required to notify the FAA and register follow all instructions in the official the antenna structure with the FCC. 53995, Arecibo, Puerto Rico 00612; notice. The operator must comply with email: [email protected]. restricted hours of station operation if so (b) Further, stations located on or near (1) To determine whether a planned specified in the official notice. The a military or public-use airport with an operation could pose an interference notice may require the operator to stop antenna structure that is more than 6.10 threat to the Arecibo Observatory, operating the station until technical meters (20 feet) high may have to obey operators may consult interference adjustments or repairs have been made additional restrictions. The highest guidelines provided by Cornell to the station equipment, such that the point of the antenna must not exceed University. technical problem is corrected. one meter above the airport elevation for (2) The notification must include the every hundred meters of distance from geographical coordinates of the station, § 95.313 Penalties for violations of the the nearest point of the nearest airport if it is a fixed or base station. Communications Act or FCC rules. runway. Differences in ground elevation (3) After receipt of such notifications, Operators of Personal Radio Service between the antenna and the airport the FCC will allow the Arecibo stations may be assessed penalties for runway may complicate this formula. Observatory 20 days to comment on or violations of the Communications Act For stations near an airport, see http:// object to the proposed operation. The and the FCC Rules. appsint.fcc.gov/UlsApp/AsrSearch/ operator must make reasonable efforts to (a) If a Federal court finds that a towairSearch.jsp to figure the maximum resolve or mitigate any potential Personal Radio Service station operator allowable height of the antenna. Consult interference concern with the Arecibo has willfully and knowingly violated part 17 of the FCC’s Rules for more Observatory. If the FCC determines that any provision of the Communications information (47 CFR part 17).

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§ 95.319 Malfunctioning transmitting § 95.327 Restricted operation. certified for use in the land mobile radio equipment. The FCC may deny or restrict the use services may be operated. Any such If the operator of a Personal Radio by any operator(s) of any specified exceptions applicable to stations in a Services station becomes aware that the channel(s) in a specified geographic area Personal Radio Service are set forth in transmitting equipment is no longer if, in the judgment of the FCC, such use the subpart governing that specific functioning properly, he or she must is not in the public interest. service. See e.g., §§ 95.735 and 95.1735. stop making transmissions (except for Furthermore, the FCC may restrict the (b) Revoked or withdrawn emergency communications) using the use by any particular operator(s) of any certification. In the event that the FCC malfunctioning transmitting equipment channel as to geographical area of revokes or withdraws a grant of until it has been adjusted and/or operation, transmitting power, or other equipment certification for a type of repaired, as necessary, to restore proper operating conditions. Personal Radio Service transmitter, operation. existing transmitters already in service (a) FCC request to discontinue § 95.329 How to contact the FCC. may continue to be operated unless and operation. If an FCC representative For information about the Personal until the FCC determines otherwise and informs a Personal Radio Services Radio Services, see the FCC’s internet gives Public Notice of that decision. station operator that the technical Web site (www.fcc.gov). To speak with (c) Grantee permissible modifications. characteristics of his or her transmitted an FCC representative about the Only the grantee of the equipment signals are not in compliance with the Personal Radio Services, call the FCC’s certification may modify the design of a applicable rules (e.g., regarding power, information line 888–CALL–FCC (888– unwanted emissions, frequency certified Personal Radio Service 225–5322). To write the FCC about these transmitter type, and then only pursuant accuracy), he or she must immediately services, address the Federal stop making transmissions with the to and in full compliance with the Communications Commission, requirements and procedures for transmitter producing the non- Attention: Mobility Division, Wireless compliant signals. permissible changes and modifications Telecommunications Bureau, 445 12th in part 2 of this chapter. See §§ 2.932 (b) Internal repairs. Internal Street SW., Washington, DC 20554. adjustments and repairs to Personal and 2.1043 of this chapter. Radio Services transmitters must be § 95.331 Permissible uses. § 95.337 Operation of impermissibly performed by or under the supervision Personal Radio Services stations may modified equipment prohibited. of an individual who is qualified to be used only for the purposes set forth maintain and repair transmitters. No person shall modify any Personal in the rules applicable to each specific Radio Service transmitter in a way that (c) Test transmissions. The operator of Personal Radio Service. any Personal Radio Services station may changes or affects the technical make brief test transmissions to verify § 95.333 Prohibited uses. functioning of that transmitter such that the functional status of the transmitting No person shall use a Personal Radio operation of the modified transmitter equipment at any time, provided that Service station: results in a violation of the rules in this such transmissions do not cause (a) In connection with any activity part. This includes any modification to interference to the communications of which is against Federal, State or local provide for additional transmit other stations. A qualified individual law; frequencies, increased modulation level, maintaining or repairing a Personal (b) To transmit advertisements or a different form of modulation, or Radio station transmitter in accordance program material associated with increased transmitter output power with paragraph (b) of this section may television or radio broadcasting; (either mean power or peak envelope make test transmissions as necessary to (c) To transmit messages for hire or power or both). Any such modification maintain or repair the transmitter, provide a common carrier service; voids the certified status of the modified provided that such transmissions do not (d) To intentionally interfere with the transmitter and renders it unauthorized cause interference to communications of communications of another station; for use in the Personal Radio Services. other stations. (e) To transmit obscene, profane or Also, no person shall operate any Personal Radio Service transmitter that § 95.321 [Reserved] indecent words, language or meaning; or (f) To transmit a false or deceptive has been so modified. § 95.323 FCC inspection of station. communication. § 95.339 Operation of transmitter with If an authorized FCC representative external device causing rule violation § 95.335 Operation of non-certified prohibited. requests to inspect any station in the transmitters prohibited. Personal Radio Services, the station No person shall operate any Personal operator or licensee must make the Except as provided in paragraph (a) of this section, no person shall operate a Radio Service transmitter to which an station and any applicable records external device or accessory has been available for inspection. transmitter in any Personal Radio Service unless it is a certified added such that operation of the § 95.325 Interference. transmitter; that is, a transmitter of a combination results in a violation of the Operators of Personal Radio Service type which has obtained a grant of rules. stations experiencing or causing equipment certification for that service, § 95.341 [Reserved] interference must first attempt to pursuant to part 2, subpart J of this eliminate the interference by means of chapter. Use of a transmitter that is not § 95.343 Station operator responsibility mutually satisfactory arrangements. If FCC-certified voids the user’s authority and requirements. the operators are unable to resolve an to operate that station. See sections Each Personal Radio Services station interference problem, the FCC may 302(a), (b), and (e) of the must have an operator whenever the impose restrictions including specifying Communications Act (47 U.S.C. 302(a), station is transmitting. The operator of the channels, maximum transmitting (b), and (e)). a Personal Radio Services station is power, maximum antenna height and (a) Exceptions. Under certain responsible for proper operation of the geographic area or hours of operation of exceptions, non-certified Personal Radio station in compliance with all the stations concerned. Service transmitters, or transmitters applicable rules in this part.

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(a) Unless the station is operating relating thereto. See section 325(a) of § 95.365 [Reserved] under automatic control, the operator of the Communications Act (47 U.S.C. § 95.367 Transmitting power. a Personal Radio Services station must 325(a)). be located at a control point and For transmission of emergency monitoring communications while the § 95.355 [Reserved] messages, where operators of Personal Radio Services stations have the ability station is transmitting. § 95.357 Duration of transmissions. to select transmitting power levels, the (b) For Personal Radio Services Except as otherwise provided, the stations operating under the authority of highest transmitting power available operator of a Personal Radio Services may be used. In all other circumstances, an individual license, the licensee is station must generally limit responsible for proper operation of the the minimum amount of transmitting transmissions to the minimum duration power necessary to carry out the desired station in compliance with all necessary. See e.g., § 95.2357. Some applicable rules in this part, regardless communications must be used. See Personal Radio Services have specific section 324 of the Communications Act of who is operating the station. duration limits, which are set forth in (c) For Personal Radio Services (47 U.S.C. 324). the subparts governing those services. stations operating under the authority of See e.g., § 95.957. § 95.369 [Reserved] an individual license, the licensee must maintain station records. If no § 95.359 Sharing of channels. § 95.371 Emission types. individual license is required for a Unless otherwise provided in the In general, Personal Radio Services particular Personal Radio Service, the subparts governing the individual stations may transmit any emission type station operator must maintain the services, all channels designated for use that is appropriate for the permissible station records. Station records include in the Personal Radio Services are uses of the specific service, provided copies of any FCC violation notices or available for use on a shared basis, and that it does not exceed the authorized other FCC letters received by the are not assigned by the FCC for the bandwidth for that service and is in full licensee or operator, any responses to exclusive use of any person or station. compliance with the modulation limits such letters, each written permission Operators of Personal Radio Service (if any) and unwanted emission limits received from the FCC, and other stations must cooperate in the selection for the specific service. documents as the FCC may require be and use of channels in order to avoid (a) Exceptions. In some of the included. interference and make efficient use of Personal Radio Services, stations may § 95.345 Remote control. these shared channels. transmit only certain specific emission types. Any such limits are set forth in Operation of Personal Radio Services § 95.361 Transmitter Certification. the emission types rule in the subpart stations by remote control is prohibited, (a) Unless otherwise provided in the unless otherwise allowed for a governing that service. See e.g., subpart governing that service or in §§ 95.971 and 95.2971. particular Personal Radio Service by other parts of this chapter, each rules in the subpart governing that (b) Emission type designators. transmitter that operates or is intended Emission type designators are defined in specific service. See e.g., §§ 95.945 and to operate in a service of the Personal 95.1745. § 2.201 of this chapter. Designators for Radio Service must be certified in emissions commonly used in the § 95.347 Automatic control. accordance with the governing subpart Personal Radio Services are as follows: Operation of Personal Radio Services and part 2 of this Chapter. (b) A copy of the instruction manual stations under automatic control is Description Designator specified in § 95.393 must be forwarded prohibited, unless otherwise allowed for to the FCC with each request for Voice, AM ...... A3E a particular Personal Radio Service by certification of the relevant transmitter. Voice, SSB ...... J3E rules in the subpart governing that If a final copy of that manual is not Voice, FM ...... F3E specific service. See e.g., §§ 95.1747, available when the certification Voice, PM ...... G3E 95.2347, and 95.2547. application is submitted, the applicant Data, FSK ...... F1D Data, AFSK ...... F2D § 95.349 Network connection. may include with its application a draft Data, PSK ...... G1D Operation of Personal Radio Services or preliminary copy provided it Test, no modulation ...... N0N stations connected with the public forwards a final copy to the FCC when such a copy becomes available. switched network is prohibited, unless § 95.377 Tones and signals. (c) Equipment certification will not be otherwise allowed for a particular Personal Radio Service stations that Personal Radio Service by rules in the issued for transmitter types where any control, switch or other type of transmit voice emissions may also subpart governing that specific service. transmit audible or subaudible tones or See e.g., §§ 95.949 and 95.2749. adjustment—which, when manipulated, can result in a violation of the rules— other signals for the purpose of selective § 95.351 Station identification. is accessible to the user. calling and/or receiver squelch Operators of Personal Radio Services activation. These tones and signals are stations are not required to transmit any § 95.363 Channels available for use. ancillary to voice communications and form of station identification, unless Operators of Personal Radio Stations are considered to be included within the otherwise required for a Personal Radio may transmit only on the channels or voice emission types, e.g., A3E, F3E, Service by rules in the subpart frequency bands designated for the and G3E. governing that specific service. See e.g., specific Personal Radio Service being (a) Tones that are audible (having a § 95.1751. used, as listed in the individual subpart frequency higher than 300 Hertz), must governing that service. Transmissions last no longer than 15 seconds at one § 95.353 False distress signals. on any channel or frequency not time. No person shall transmit or cause to designated for the service being used (b) Tones that are subaudible (having be transmitted by a Personal Radio constitutes a violation of section 301 of a frequency of 300 Hertz or less), may Services station any false or fraudulent the Communications Act (47 U.S.C. be transmitted continuously during a signals of distress, or communication 301). communication session.

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§ 95.381 Voice obscuring features. whether the Commission has previously §§ 95.521–95.529 [Reserved] certified that radio. A grant of equipment certification § 95.531 Permissible FRS uses. will not be issued for any transmitter § 95.393 Instructions and warnings. type that incorporates one or more voice FRS units are primarily used for scrambling or other obscuring features (a) A user’s instruction manual must short-distance two-way voice for any of the Personal Radio Services be supplied with each transmitter that communications between individuals. that provide for voice (telephony) can be used in a Personal Radio Service. (a) Digital data. In addition to voice conversations, FRS units may transmit communications on shared channels (b) The manual described in (see § 95.359), if the application for such digital data containing location paragraph (a) of this section must information, or requesting location grant is filed on or after December 27, contain all information necessary for the 2017. information from one or more other FRS proper installation and operation of the or GMRS units, or containing a brief text § 95.385 RF exposure evaluation. transmitter including: message to another specific GMRS or (a) Personal Radio Services devices (1) Instructions concerning all FRS unit. Digital data transmissions are subject to the radio frequency controls, adjustments and switches that must be initiated by a manual action of radiation exposure requirements may be operated or adjusted without the operator, except that a FRS unit specified in §§ 1.1307(b), 2.1091 and resulting in a violation of FCC rules; receiving an interrogation request may 2.1093 of this chapter, as appropriate. (2) Warnings concerning any automatically respond with its location. (b) FCC certification (see § 95.335) of adjustment that could result in a See also § 95.587(c). transmitter types that are ‘‘portable violation of FCC rules or that is (b) One-way communications. FRS devices,’’ as defined in § 2.1093(b) of recommended to be performed only by units may be used for one-way this chapter, and are designed to operate or under the immediate supervision and communications that are emergency in certain Personal Radio Services, is responsibility of a person certified as messages, traveler assistance subject to rules requiring radiofrequency technically qualified to perform communications, voice pages or brief radiation exposure routine evaluation transmitter maintenance and repair equipment tests. pursuant to §§ 1.1307(b) and 2.1093 of duties in the relevant radio service by (c) GMRS stations. FRS units this chapter. See §§ 95.2385 and an organization or committee normally communicate with other FRS 95.2585. representative of users of that service; units, but may also be used to (3) Warnings concerning the communicate with General Mobile § 95.391 Manufacturing, importation, and Radio Service (GMRS) stations. sales of non-certified equipment prohibited. replacement of any transmitter component (crystal, semiconductor, § 95.533 Prohibited FRS uses. No person shall manufacture, import, etc.) that could result in a violation of FRS units must not be used for one- sell or offer for sale non-certified FCC rules; and equipment for the Personal Radio way communications other than those Services. See § 302(b) of the (4) For a transmitter that can only be listed in § 95.531(b). Initial Communications Act (47 U.S.C. operated with an FCC license, warnings transmissions to establish two-way 302a(b)). See also part 2, subpart I concerning compliance with applicable communications and data transmissions (§ 2.801 et. seq.) of this chapter for rules licensing requirements and information listed in § 95.531(a) are not considered governing marketing of radiofrequency concerning license application to be one-way communications for the devices. procedures. purposes of this section. (a) Revoked or withdrawn § § 95.395–95.499 [Reserved] § § 95.535–95.559 [Reserved] certification. In the event that the FCC revokes or withdraws a grant of Subpart B—Family Radio Service § 95.561 FRS transmitter certification. equipment certification for a type of (FRS) (a) Each FRS unit (a transmitter that Personal Radio Service transmitter, the § 95.501 Scope. operates or is intended to operate in the FCC will provide specific instructions FRS) must be certficated for use in the and dates for cessation of This subpart contains rules that apply FRS in accordance with this subpart and manufacturing, importation and sales of only to the Family Radio Service (FRS). subpart J of part 2 of this chapter. the affected equipment. § 95.503 Definitions, FRS. (b) A grant of equipment certification (b) External radio frequency power for the FRS will not be issued for any amplifiers. No person shall Family Radio Service (FRS). A short- FRS transmitter type that fails to comply manufacture, import, sell or offer for distance two-way voice communication with all of the applicable rules in this sale any external radio frequency power service, with limited data applications, subpart. amplifier that is capable of operation on between low power hand-held radios, (c) A grant of equipment certification any frequency below 144 MHz and is for facilitating individual, family, group, will not be issued for hand-held intended for use in the Personal Radio recreational and business activities. portable radio units capable of operating Services. See also § 2.815 of this FRS unit. A transceiver for use in the under both this subpart (FRS) and under chapter. FRS. any other subparts of this chapter (c) Voice obscuring radios. Effective (except part 15) if the application for September 30, 2019, no person shall §§ 95.505–95.517 [Reserved] such grant is filed on or after December manufacture, or import, sell or offer for § 95.519 FRS replacement parts. 27, 2017. sale any radio that incorporates one or more voice scrambling or other The operator of a FRS unit may § 95.563 FRS channels. obscuring features where such radio is replace the batteries in the FRS unit The FRS is allotted 22 channels, each intended for use in any of the Personal with batteries of a type specified by the having a channel bandwidth of 12.5 Radio Services that provide for voice manufacturer. All other internal kHz. All of the FRS channels are also (telephony) communications on shared maintenance and repairs must be allotted to the General Mobile Radio channels (see § 95.359) regardless of carried out in accordance with § 95.319. Service (GMRS) on a shared basis. The

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FRS channel center frequencies are set § 95.579 FRS unwanted emissions limits. one or more other FRS or GMRS units, forth in the following table: Each FRS transmitter type must be or containing a brief text message to designed to satisfy the applicable another specific FRS or GMRS unit or Center unwanted emissions limits in this units. Channel No. frequency (2) Digital data transmissions must be (MHz) paragraph. (a) Attenuation requirements. The initiated by a manual action or 1 ...... 462.5625 power of unwanted emissions must be command of the operator, except that 2 ...... 462.5875 attenuated below the carrier power FRS units may be designed to 3 ...... 462.6125 output in Watts (P) by at least: automatically respond with location 4 ...... 462.6375 (1) 25 dB (decibels) in the frequency data upon receiving an interrogation 5 ...... 462.6625 band 6.25 kHz to 12.5 kHz removed request from another FRS unit or a 6 ...... 462.6875 from the channel center frequency. GMRS unit. 7 ...... 462.7125 (2) 35 dB in the frequency band 12.5 (3) Digital data transmissions must 8 ...... 467.5625 9 ...... 467.5875 kHz to 31.25 kHz removed from the not exceed one second in duration. 10 ...... 467.6125 channel center frequency. (4) Digital data transmissions must 11 ...... 467.6375 (3) 43 + 10 log (P) dB in any not be sent more frequently than one 12 ...... 467.6625 frequency band removed from the digital data transmission within a thirty- 13 ...... 467.6875 channel center frequency by more than second period, except that an FRS unit 14 ...... 467.7125 31.25 kHz. may automatically respond to more than 15 ...... 462.5500 (b) Measurement bandwidths. The one interrogation request received 16 ...... 462.5750 power of unwanted emissions in the within a thirty-second period. 17 ...... 462.6000 frequency bands specified in paragraphs (d) Packet mode. FRS transmitter 18 ...... 462.6250 19 ...... 462.6500 (a)(1) and (2) of this section is measured types must not be capable of 20 ...... 462.6750 with a reference bandwidth of 300 Hz. transmitting data in the store-and- 21 ...... 462.7000 The power of unwanted emissions in forward packet operation mode. 22 ...... 462.7250 the frequency range specified in (e) Effective September 30, 2019, no paragraph (a)(3) is measured with a person shall manufacture or import § 95.565 FRS frequency accuracy. reference bandwidth of at least 30 kHz. hand-held portable radio equipment (c) Measurement conditions. The capable of operating under this subpart Each FRS transmitter type must be requirements in this section apply to (FRS) and other licensed or licensed-by- designed such that the carrier each FRS transmitter type both with and rule services in this chapter (part 15 frequencies remain within ±2.5 parts- without the connection of permitted unlicensed equipment authorizations per-million of the channel center attachments, such as an external are permitted if consistent with part 15 frequencies specified in § 95.563 during speaker, microphone and/or power rules). normal operating conditions. cord. § 95.589 [Reserved] § 95.567 FRS transmit power. §§ 95.581–95.585 [Reserved] Each FRS transmitter type must be § 95.591 Sales of FRS combination radios designed such that the effective radiated § 95.587 FRS additional requirements. prohibited. power (ERP) on channels 8 through 14 Each FRS transmitter type must be Effective September 30, 2019, no does not exceed 0.5 Watts and the ERP designed to meet the following person shall sell or offer for sale hand- on channels 1 through 7 and 15 through additional requirements. held portable radio equipment capable 22 does not exceed 2.0 Watts. (a) Transmit frequency capability. of operating under this subpart (FRS) FRS transmitter types must not be and under any other licensed or § 95.569 [Reserved] capable of transmitting on any licensed-by-rule radio services in this § 95.571 FRS emission types. frequency or channel other than those chapter (devices may be authorized under this subpart with part 15 Each FRS transmitter type must be listed in § 95.563. unlicensed equipment authorizations). designed such that it can transmit only (b) Antenna. The antenna of each FRS transmitter type must meet the the following emission types: F3E, G3E, §§ 95.593–95.699 [Reserved] F2D, and G2D. following requirements. (1) The antenna must be a non- Subpart C—Radio Control Radio § 95.573 FRS authorized bandwidth. removable integral part of the FRS Service Each FRS transmitter type must be transmitter type. designed such that the occupied (2) The gain of the antenna must not § 95.701 Scope. bandwidth does not exceed 12.5 kHz. exceed that of a half-wave dipole This subpart contains rules that apply antenna. only to the Radio Control Radio Service § 95.575 FRS modulation limits. (3) The antenna must be designed (RCRS). Each FRS transmitter type must be such that the electric field of the emitted designed such that the peak frequency waves is vertically polarized when the § 95.703 Definitions, RCRS. deviation does not exceed 2.5 kHz, and unit is operated in the normal Model aircraft. A small imitation of an the highest audio frequency orientation. aircraft, such as an airplane or a contributing substantially to modulation (c) Digital data transmissions. FRS helicopter. must not exceed 3.125 kHz. transmitter types having the capability Model surface craft. A small imitation to transmit digital data must be of a boat, car, or other type of vehicle § 95.577 FRS tone requirements. designed to meet the following for carrying people or objects, other than In addition to the tones permitted requirements. an aircraft. under § 95.377, FRS transmitter types (1) FRS units may transmit digital Radio Control Radio Service (RCRS). may be designed to transmit brief tones data containing location information, or A non-commercial short-distance radio to indicate the end of a transmission. requesting location information from service for wirelessly controlling the

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operation of devices, including, but not (2) RCRS channels in the 75 MHz §§ 95.737–95.739 [Reserved] limited to, model vehicles such as frequency band may be used only to § 95.741 RCRS antenna height limit. aircraft and surface craft. control and operate model surface craft. If the antenna of a RCRS station RCRS transmitter. A transmitter that (3) RCRS channels in the 26–28 MHz operating on a channel in the 26–28 is used or intended to be used in the frequency band may be used to control MHz frequency band (whether RCRS. or operate any kind of device. receiving, transmitting) is installed at a §§ 95.705–95.717 [Reserved] (b) Telecommand. Any RCRS fixed location, the highest point of the channel may be used by the operator to antenna must not be more than 6.10 § 95.719 RCRS replacement parts. turn on and/or off a device at a remote meters (20 feet) higher than the highest The operator of an RCRS transmitter location. point of the building or tree on which may replace parts of an RCRS (c) Telemetry. Any RCRS channel in it is mounted; or 18.3 meters (60 feet) transmitter as indicated in this section. the 26–28 MHz frequency band may be above the ground. RCRS station All other internal maintenance and used to transmit a signal from a sensor antennas must also meet the repairs must be carried out in at a remote location that turns on and/ requirements in § 95.317 regarding accordance with § 95.319. or off an indicating device for the menaces to air navigation. See 47 CFR (a) A damaged antenna may be operator. 95.317 and consult part 17 of the FCC’s replaced by another antenna of the same Rules for more information (47 CFR part or a compatible similar type. § 95.733 Prohibited RCRS use. 17). (b) Batteries in the RCRS transmitter The rules in this section restrict may be replaced with batteries of a type certain uses of RCRS transmitters. § 95.743 [Reserved] specified by the manufacturer. (c) To change plug-in modules which (a) Simultaneous use of multiple § 95.745 Operation of an RCRS transmitter were certified as part of the RCRS channels. An RCRS station must not by remote control. transmitter. transmit simultaneously on more than This section sets forth the conditions one RCRS channel in the 72–76 MHz under which an RCRS station may be §§ 95.721–95.723 [Reserved] band when such operation would cause operated by remote control, pursuant to harmful interference to other RCRS § 95.725 Interference, RCRS. the exception in § 95.345. operations. (a) Wireless remote control. No RCRS operations must not cause person shall operate a RCRS station by interference to, and must accept (b) Data transmission. No person wireless remote control. interference from, certain other radio shall use a RCRS transmitter to transmit (b) Wired remote control. Before service operations, as follows: data. Tones or other types of signal operating an RCRS station by wired (a) RCRS stations must not cause encoding are not considered to be data remote control, the operator must obtain interference to: for the purposes of this paragraph, when (1) Authorized radio operations in used only for the purpose of identifying specific approval from the FCC. To the 72–76 MHz band, including radio the specific device among multiple obtain FCC approval, the operator must remote control of industrial equipment devices that the operator intends to turn explain why wired remote control is on the same or adjacent channels; or, on/off or the specific sensor among needed. multiple sensors intended to turn on/off (2) Broadcast television reception on §§ 95.747–95.755 [Reserved] TV Channels 4 or 5. an indicating device for the operator. (b) RCRS operations are not afforded (c) Pay for operation prohibited. § 95.757 Duration of RCRS protection from interference caused by RCRS stations must not be used for Communications. the operation of: commercial purposes. An RCRS Communications on RCRS channels (1) Industrial, scientific or medical operator must not accept direct or shall be limited to the minimum devices (see part 18 of this chapter) indirect payment for operating an RCRS practicable time that is necessary. operating in the 26–28 MHz band; and, transmitter. An RCRS operator may use (2) Fixed and mobile stations in other an RCRS transmitter to help him or her § 95.759 [Reserved] services operating on the same or provide a service and be paid for § 95.761 RCRS transmitter certification. adjacent channels. rendering that service, provided that the (a) Except as provided in § 95.735, §§ 95.727–95.729 [Reserved] payment is only for the service and not each RCRS transmitter (a transmitter for operation of the RCRS transmitter. that operates or is intended to operate § 95.731 Permissible RCRS use. (d) Limited transmission. No person as a station in the RCRS) must be RCRS transmitters may only be used shall use an RCRS station to transmit certified in accordance with this subpart to transmit one-way communications any message other than for the operation and part 2 of this chapter. and only for the purposes set forth in of devices at remote locations. (b) A grant of equipment certification this section. (One-way communications Accordingly, the transmission of other for the RCRS will not be issued for any are transmissions which are not messages by an RCRS operator, such as RCRS transmitter type that fails to intended to establish communications voice, telegraphy, etc. is prohibited. comply with all of the applicable rules with another station.) in this subpart. (a) Control of model crafts and § 95.735 RCRS equipment certification exception. devices. When an RCRS transmitter is § 95.763 RCRS channel frequencies. used to control a model craft or device, Notwithstanding the general The channels listed in this section are the RCRS channels in specific frequency requirement of § 95.335, a non-certified allotted for shared use in the RCRS. bands must be used, based on the type RCRS transmitter that transmits only in Each RCRS channel is designated by its of model craft or device being the 26–28 MHz band and complies with center frequency in megahertz. controlled, as follows: the applicable technical requirements in (a) 26–28 MHz frequency band. The (1) RCRS channels in the 72 MHz this subpart may be operated in the 26–28 MHz RCRS channel center frequency band may be used only to RCRS for the purpose of controlling a frequencies are 26.995, 27.045, 27.095, control and operate model aircraft. remote device. 27.145, 27.195 and 27.255 MHz.

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(b) 72 MHz frequency band. The 72 26.995, 27.045, 27.095, 27.145, or reference bandwidth of 300 Hz. The MHz RCRS channel center frequencies 27.195 MHz, the mean transmitter power of unwanted emissions in the are 72.01, 72.03, 72.05, 72.07, 72.09, output power must not exceed 4 Watts. frequency ranges specified in 72.11, 72.13, 72.15, 72.17, 72.19, 72.21, paragraphs (a)(3) and (b)(4) of this 72.23, 72.25, 72.27, 72.29, 72.31, 72.33, § 95.769 [Reserved] section is measured with a reference 72.35, 72.37, 72.39, 72.41, 72.43, 72.45, § 95.771 RCRS emission types. bandwidth of at least 30 kHz. 72.47, 72.49, 72.51, 72.53, 72.55, 72.57, Each RCRS transmitter type must be §§ 95.781–95.785 [Reserved] 72.59, 72.61, 72.63, 72.65, 72.67, 72.69, designed to satisfy the emission 72.71, 72.73, 72.75, 72.77, 72.79, 72.81, limitations in this section. § 95.787 RCRS additional requirements. 72.83, 72.85, 72.87, 72.89, 72.91, 72.93, (a) Permitted emission types. RCRS Each RCRS transmitter type must be 72.95, 72.97, and 72.99 MHz. transmitter types may transmit any type (c) 75 MHz frequency band. The 75 designed to satisfy all of the following of non-voice emission that is technically additional requirements: MHz RCRS channel center frequencies appropriate for radio control use. are 75.41, 75.43, 75.45, 75.47, 75.49, (b) Voice emissions prohibited. RCRS (a) The antenna of an RCRS station 75.51, 75.53, 75.55, 75.57, 75.59, 75.61, transmitter types must be incapable of transmitting in the 72 and/or 75 MHz 75.63, 75.65, 75.67, 75.69, 75.71, 75.73, transmitting telephony (voice frequency bands must meet the 75.75, 75.77, 75.79, 75.81, 75.83, 75.85, communications). following requirements: 75.87, 75.89, 75.91, 75.93, 75.95, 75.97, (1) The antenna must be an integral and 75.99 MHz. § 95.773 RCRS authorized bandwidth. part of the transmitter; Each RCRS transmitter type must be § 95.765 RCRS frequency accuracy. (2) The gain of the antenna must not designed such that the occupied exceed that of a half-wave dipole; and Each RCRS transmitter type must be bandwidth does not exceed 8 kHz for (3) The antenna must be designed designed to satisfy the frequency any emission type. accuracy requirements in this section. such that the electric field of the emitted (a) Each RCRS transmitter type §§ 95.775–95.777 [Reserved] radio waves is vertically polarized when capable of transmitting on channels in the transmitter is held in the normal the 72 or 75 MHz frequency band must § 95.779 RCRS unwanted emissions. orientation. be designed such that the carrier Each RCRS transmitter type must be (b) Each RCRS transmitter type must frequencies remain within ±20 parts- designed to satisfy the applicable be designed to transmit only on one or per-million (ppm) of the channel center unwanted emissions limits in this more of the channels listed in § 95.763. frequencies listed in § 95.763(b) and (c) paragraph. (a) 26–28 MHz frequency band. For an (c) For RCRS transmitter types during normal operating conditions. incorporating plug-in frequency- (b) Except as allowed under RCRS transmitter operating in the 26–28 determining modules that are intended paragraph (c) of this section, each RCRS MHz frequency band, the power of to be changed by the operator, the transmitter type capable of transmitting unwanted emissions must be attenuated modules must be submitted for in the 26–28 MHz frequency band must below the transmitter output power in certification together with the be designed such that the carrier Watts (P) by at least: transmitter type. Each module must frequencies remain within ±50 ppm of (1) 25 dB (decibels) in the frequency contain all of the frequency determining the channel center frequencies listed in band 4 kHz to 8 kHz removed from the circuitry including the oscillator. Plug- § 95.763(a) during normal operating channel center frequency; in crystals are not considered modules conditions. (2) 35 dB in the frequency band 8 kHz and must not be accessible to the user. (c) Each RCRS transmitter type that to 20 kHz removed from the channel transmits in the 26–28 MHz frequency center frequency; §§ 95.789–95.899 [Reserved] band with a mean transmitter power of (3) 43 + 10 log (P) dB in any frequency 2.5 W or less and is used solely by the band removed from the channel center Subpart D—CB Radio Service operator to turn on and/or off a device frequency by more than 20 kHz. § 95.901 Scope. at a remote location, other than a device (b) 72 and 75 MHz frequency bands. used solely to attract attention, must be For an RCRS transmitter operating in This subpart contains rules that apply designed such that the carrier the 72 and/or 75 MHz frequency bands, only to the CB Radio Service. frequencies remain within ±100 ppm of the power of unwanted emissions must § 95.903 Definitions, CBRS. the channel center frequencies listed in be attenuated below the transmitter § 95.763(a) during normal operating output power in Watts (P) by at least: CB Radio Service (CBRS). A mobile conditions. (1) 25 dB (decibels) in the frequency and fixed two-way voice band 4 kHz to 8 kHz removed from the communication service for facilitating § 95.767 RCRS transmitter power. channel center frequency; personal, business or voluntary public Each RCRS transmitter type must be (2) 45 dB in the frequency band 8 kHz service activities, including designed such that the transmitter to 10 kHz removed from the channel communications to provide assistance power does not exceed the limits in this center frequency; to highway travelers. (3) 55 dB in the frequency band 10 section. CBRS station. Any transmitter, with (a) 72 and 75 MHz frequency bands. kHz to 20 kHz removed from the or without an incorporated antenna or For an RCRS transmitter operating in channel center frequency; and receiver, which is certified by the FCC the 72 and/or 75 MHz frequency bands, (4) 56 + 10 log (P) dB in any frequency to be operated in the CBRS. the mean transmitter output power must band removed from the channel center not exceed 0.75 Watts. frequency by more than 20 kHz. Conversation. An exchange of (b) 26–28 MHz frequency band. For (c) Measurement bandwidths. The transmissions between two CBRS an RCRS transmitter operating on power of unwanted emissions in the stations. 27.255 MHz, the mean transmitter frequency bands specified in paragraphs Wireless remote control. Operation of output power must not exceed 25 Watts. (a)(1) and (2) and (b)(1) through (3) of a CBRS station from a remote location For an RCRS transmitter operating on this section is measured with a using a wireless link.

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§ 95.905 Authority to operate CBRS technical means (i.e., filters), the FCC (f) To transmit music, whistling, stations voided by violation of operating may, by written notice to the CBRS sound effects or any other audio rules. station operator, impose limits on the material to amuse or entertain; or A person’s authorization to operate a hours of operation of the CBRS station. (g) To transmit any sound effects CBRS station without an individual solely to attract attention. license pursuant to § 95.305 is voided if § 95.929 [Reserved] that person violates any of the operating § 95.931 Permissible CBRS uses. § 95.935 Unauthorized use of non-CBRS rules in this subpart, this part, or other transmitters. The operator of a CBRS station may parts of this chapter. use that station to transmit two-way The operator of a CBRS station must §§ 95.907–95.917 [Reserved] plain language voice communications to not use a non-CBRS transmitter to other CBRS stations and to other communicate with or attempt to § 95.919 CBRS replacement parts. stations that are authorized to transmit communicate with stations in the CBRS. The operator of a CBRS transmitter on CBRS frequencies. (a) Non-CBRS transmitters. For the may replace parts of the CBRS (a) Emergency communications. Any purposes of this section, ‘‘non-CBRS transmitter as stated in this section. All CBRS channel may be used for transmitters’’ are transmitters that are other internal maintenance and repairs emergency communications or for technically capable of operation in the must be carried out in accordance with traveler assistance. 26–30 MHz frequency range, but are § 95.319. (1) Operators of CBRS stations must, intended for use in the Amateur Radio (a) A damaged antenna on a hand- at all times and on all channels, give Service (see part 97 of this chapter) or held portable CBRS transmitter may be priority to emergency communications. other government or non-government replaced by another antenna of the same (2) CBRS Channel 9 may be used only radio services, and are not certified for or a compatible similar type. for emergency communications or use in the CBRS. (b) Batteries in a hand-held portable traveler assistance. It must not be used (b) Unlicensed operation. The CBRS transmitter may be replaced with for any other purpose. operation of non-CBRS transmitters on batteries of a type specified by the (b) One-way communications. The the CBRS channels is not authorized by manufacturer. operator of a CBRS station may use that § 95.305 of this part. Accordingly, the (c) A detachable external microphone station to transmit one-way FCC considers any such operation to be may be replaced with any external communications for the following a violation of section 301 of the microphone that does not alter the purposes: Communications Act (47 U.S.C. 301). modulation characteristics in a way that (1) To call for help or transmit other results in a violation of §§ 95.967, emergency communications; § 95.937 [Reserved] 95.973, 95.975 or 95.979. (2) To provide warnings of hazardous (d) Changing plug-in modules which road conditions to travelers; § 95.939 External radio frequency power were certified as part of the CBRS (3) To make brief test transmissions amplifiers prohibited. transmitter. (‘‘radio checks’’); or, The operator of a CBRS station must § 95.921 [Reserved] (4) To transmit voice paging. not use an external radio frequency (c) Travelers assistance power amplifier to increase the § 95.923 CBRS station inspection. communications. The operator of a transmitting power of that CBRS station If an authorized FCC representative CBRS station may transmit under any circumstances. There are no requests to inspect a CBRS station, the communications necessary to assist a exceptions to this rule. operator must make the station and any traveler to reach a destination or to (a) The FCC will presume that the station records available for inspection. receive necessary services. operator of a CBRS station has used an (a) A CBRS station includes all of the § 95.933 Prohibited CBRS uses. external radio frequency power equipment used in connection with that In addition to the prohibited uses set amplifier in violation of this section if station. it is in the operator’s possession or on (b) Station records include the forth in § 95.333, the operator of a CBRS station must not use a CBRS station: the operator’s premises and there is following documents, as applicable: other evidence that the CBRS station has (1) A copy of each response to an FCC (a) To transmit one-way communications other than those been operated with more transmitting violation notice or an FCC letter. power than allowed by § 95.967. (2) Each written permission received permitted in § 95.931(b) (transmissions (b) The operator of a CBRS station from the FCC. to seek to initiate two-way communications with another station must not attach an external radio § 95.925 CBRS harmful interference. are not considered to be one-way frequency power amplifier to a certified If harmonic or other spurious communications); CBRS transmitter. (b) To advertise or solicit the sale of emissions result in harmful interference, § 95.941 CBRS antenna height limits. the FCC may require appropriate any goods or services; technical changes in the CBRS station (c) To advertise a political candidate The operator of a CBRS station must equipment to alleviate the interference, or political campaign (a CBRS station ensure that the transmitting antenna for including the use of a low pass filter may be used for the business or the station is not higher than 18.3 between the transmitter antenna organizational aspects of a campaign); meters (60 feet) above the ground, or 6.1 terminals and the antenna feed line. (d) To communicate with stations in meters (20 feet) higher than the highest other countries, except General Radio point of the building or tree on which § 95.927 CBRS quiet hours. Service stations in Canada; it is mounted, whichever is higher. If a CBRS station causes harmful (e) To transmit communications for CBRS station antennas must also meet interference to broadcast or live or delayed broadcast on a radio or the requirements in § 95.317 regarding communications services received by television broadcast station (a CBRS menaces to air navigation. See § 95.317 the public, and such harmful station may be used to gather news and consult part 17 of the FCC’s Rules interference can not be eliminated by items or to prepare programs); for more information.

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§ 95.943 [Reserved] (c) When an operator is using its § 95.965 CBRS transmit frequency CBRS station to assist a traveler, it does accuracy. § 95.945 Remote control of a CBRS Each CBRS transmitter type must be station. not have to comply with paragraph (a) of this section regarding length of designed such that the transmit carrier This section sets forth the conditions transmissions and pauses between frequency (or in the case of SSB under which a CBRS station may be transmissions. However, the operator transmissions, the reference frequency) operated by remote control, pursuant to must obey all other rules. remains within 50 parts-per-million of the exception in § 95.345. Operation of the channel center frequencies specified a CBRS station using a hands-free or § 95.959 [Reserved] in § 95.963 under all normal operating other type of cordless microphone or conditions. headset authorized under part 15 is not § 95.961 CBRS transmitter certification. considered to be remote control. (a) Each CBRS transmitter (a § 95.967 CBRS transmitter power limits. (a) Wireless remote control. No person transmitter that operates or is intended Each CBRS transmitter type must be shall operate a CBRS station by wireless to operate at a station in the CBRS) must designed such that the transmitter remote control. be certified in accordance with this power can not exceed the following (b) Wired remote control. Before subpart and part 2 of this chapter. limits: operating an CBRS station by wired (a) When transmitting amplitude (b) A grant of equipment certification remote control, the operator must obtain modulated (AM) voice signals, the mean for the CBRS will not be issued for any specific approval from the FCC. To carrier power must not exceed 4 Watts. obtain FCC approval, the operator must CBRS transmitter type that fails to (b) When transmitting single sideband explain why wired remote control is comply with all of the applicable rules (SSB) voice signals, the peak envelope needed. See § 95.329 regarding in this subpart. power must not exceed 12 Watts. contacting the FCC. § 95.963 CBRS channel frequencies. § 95.971 CBRS emission types. § 95.947 [Reserved] The channels listed in this section are Each CBRS transmitter type must be § 95.949 CBRS network connection. allotted for shared use in the CBRS. designed such that its capabilities are in Each CBRS channel is designated by its compliance with the emission type rules A CBRS station may be connected, center frequency in Megahertz (MHz). in this section. acoustically or electrically, to the public (a) Permitted emission types. CBRS switched network, subject to the rules in Center transmitter types may transmit only AM this section. The purpose of this is to CBRS channel No. frequency voice emission type A3E and SSB voice (MHz) allow operators of other CBRS stations emission types J3E, R3E, or H3E. to speak to and hear individuals on the (b) SSB requirements. Each CBRS telephone through the connected CBRS 1 ...... 26.965 2 ...... 26.975 transmitter type that transmits emission station. 3 ...... 26.985 type J3E, R3E, or H3E must be capable (a) The operator of the connected 4 ...... 27.005 of transmitting only the upper sideband CBRS station must: 5 ...... 27.015 with suppressed, reduced or full carrier, (1) Manually make the connection; 6 ...... 27.025 respectively, but may additionally be (2) Continue to control the station 7 ...... 27.035 capable of transmitting only the lower while it is connected; 8 ...... 27.055 sideband, with suppressed, reduced or (3) Listen to each conversation during 9 ...... 27.065 full carrier, respectively. the connection; and 10 ...... 27.075 (4) Stop transmissions immediately if 11 ...... 27.085 § 95.973 CBRS authorized bandwidth. any violation of the CBRS rules occurs. 12 ...... 27.105 Each CBRS transmitter type must be (b) If a CBRS station is directly 13 ...... 27.115 14 ...... 27.125 designed such that the occupied (electrically) connected to the public bandwidth does not exceed the switched network, the connection, 15 ...... 27.135 16 ...... 27.155 authorized bandwidth for the emission including the interface device used, 17 ...... 27.165 type under test. must be in full compliance with all 18 ...... 27.175 (a) AM. The authorized bandwidth for applicable rules in part 68 of this 19 ...... 27.185 emission type A3E is 8 kHz. chapter. 20 ...... 27.205 (b) SSB. The authorized bandwidth 21 ...... 27.215 for emission types J3E, R3E, and H3E is § 95.957 Duration of CBRS Transmissions. 22 ...... 27.225 4 kHz. (a) Except as specified in (b) and (c) 23 ...... 27.255 of this section, the operator of a CBRS 24 ...... 27.235 § 95.975 CBRS modulation limits. station must limit each on-air 25 ...... 27.245 Each CBRS transmitter type must be conversation with the operators of other 26 ...... 27.265 designed such that the modulation CBRS stations to no more than five 27 ...... 27.275 28 ...... 27.285 characteristics are in compliance with minutes. After an on-air conversation 29 ...... 27.295 the rules in this section. has ended, the operator of a CBRS 30 ...... 27.305 (a) When emission type A3E is station must not transmit again on the 31 ...... 27.315 transmitted with voice modulation, the same channel for at least one minute. 32 ...... 27.325 modulation percentage must be at least (b) When a CBRS operator is directly 33 ...... 27.335 85%, but not more than 100%. participating in emergency 34 ...... 27.345 (b) When emission type A3E is communications, it does not have to 35 ...... 27.355 transmitted by a CBRS transmitter comply with paragraph (a) of this 36 ...... 27.365 having a transmitter output power of section regarding length of 37 ...... 27.375 more than 2.5 W, the transmitter must transmissions and pauses between 38 ...... 27.385 contain a circuit that automatically 39 ...... 27.395 transmissions. However, the operator 40 ...... 27.405 prevents the modulation percentage must obey all other rules. from exceeding 100%.

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§ 95.977 CBRS tone transmissions. emission type under test, provided that the receiver on-off switch and volume In addition to the tones permitted the same type of power measurement is control. under § 95.377, CBRS transmitter types used for both the transmitter output (6) Upper/lower sideband selector may be designed to transmit brief tones power and the power of the unwanted switch (for a transmitter that is capable to indicate the beginning or end of a emissions. of transmitting SSB emissions). transmission. (7) Carrier level selector control (for a §§ 95.981–95.985 [Reserved] transmitter that is capable of § 95.979 CBRS unwanted emissions limits. § 95.987 CBRS additional requirements. transmitting SSB emissions). This Each CBRS transmitter type must be Each CBRS transmitter type must be control may be combined with the designed to comply with the applicable designed to satisfy all of the additional sideband selector switch. unwanted emissions limits in this requirements in this section. (8) Channel selector switch. section. (a) Transmit frequency capability. (9) Transmit/receive selector switch. (a) Attenuation requirements. The (10) Meter(s) and selector switch(es) Each CBRS transmitter type must be power of unwanted emissions must be for monitoring transmitter performance. designed to transmit only on one or attenuated below the transmitter output (11) Pilot lamp(s), meter(s), light more of the channels listed in § 95.963. power in Watts (P) as specified in the emitting diodes, liquid crystal devices No CBRS transmitter type will be applicable paragraphs listed in the or other types of visual display devices certified for use in the CBRS service if following table: to indicate the presence of RF output it is capable of transmitting on any power or that the transmitter control frequency or channel other than those Emission type Paragraph circuits are activated to transmit. listed in § 95.963, unless such A3E ...... (1), (3), (5), (6) transmitter type is also certified for use § 95.989 [Reserved] H3E, J3E, R3E ...... (2), (4), (5), (6) in another radio service for which the frequency capability is authorized and § 95.991 CBRS marketing limitations. (1) 25 dB (decibels) in the frequency for which FCC certification is also Marketing of devices that could be band 4 kHz to 8 kHz removed from the required. used with CBRS stations resulting in channel center frequency; (b) Frequency determining circuitry. violation of the rules in this part is (2) 25 dB in the frequency band 2 kHz All frequency determining circuitry prohibited. to 6 kHz removed from the channel (including crystals) and programming (a) External radio frequency power center frequency; controls in each CBRS transmitter type amplifiers. No person shall (3) 35 dB in the frequency band 8 kHz must be internal to the transmitter and manufacture, import, sell or offer for to 20 kHz removed from the channel must not be accessible from the sale any external radio frequency power center frequency; operating panel or from the exterior of amplifier capable of operation below (4) 35 dB in the frequency band 6 kHz the transmitter enclosure. 144 MHz and intended for use in the to 10 kHz removed from the channel (c) Final amplifier component ratings. CBRS. See § 2.815 of this chapter. center frequency; The dissipation rating of all the (b) External frequency determining (5) 53 + 10 log (P) dB in any frequency semiconductors or electron tubes which devices. No person shall manufacture, band removed from the channel center supply RF power to the antenna import, sell or offer for sale, any add-on frequency by more than 250% of the terminals of each CB transmitter must device, whether internal or external, the authorized bandwidth. not exceed 10 Watts. For function of which is to extend the (6) 60 dB in any frequency band semiconductors, the dissipation rating is transmitting frequency capability of a centered on a harmonic (i.e., an integer the greater of the collector or device CBRS transmitter beyond that allowed multiple of two or more times) of the dissipation value established by the by §§ 95.963 and 95.965. carrier frequency. manufacturer of the semiconductor. §§ 95.993–95.1699 [Reserved] (b) Measurement bandwidths. The These values may be temperature de- ° power of unwanted emissions in the rated by no more than 50 C. For an Subpart E—General Mobile Radio frequency bands specified in paragraphs electron tube, the dissipation rating is Service (a)(1) through (4) of this section is the Intermittent Commercial and measured with a reference bandwidth of Amateur Service plate dissipation value § 95.1701 Scope. 300 Hz. The power of unwanted established by the manufacturer of the This subpart contains rules that apply emissions in the frequency ranges electron tube. only to the General Mobile Radio specified in paragraphs (a)(5) and (6) of (d) External controls. Only the Service (GMRS). this section is measured with a external transmitter controls, reference bandwidth of at least 30 kHz. connections or devices listed in this § 95.1703 Definitions, GMRS. (c) Measurement conditions and paragraph are allowed to be General Mobile Radio Service procedures. Subject to additional incorporated in a CBRS transmitter type. (GMRS). A mobile two-way voice measurement standards and procedures The FCC, however, may authorize communication service, with limited established pursuant to part 2, subpart additional controls, connections or data applications, for facilitating J, the following conditions and devices after considering the functions activities of individual licensees and procedures must be used. to be performed by such additions. their family members, including, but not (1) The unwanted emissions limits (1) Primary power connection. limited to, voluntary provision of requirements in this section must be External power supplies may be used. assistance to the public during met both with and without the (2) Microphone connection. emergencies and natural disasters. connection of permitted attachments, (3) Antenna connection. Grandfathered GMRS license. A such as external speakers, microphones, (4) Headphone and speaker output GMRS license held by a non-individual power cords and/or antennas. connections and related selector switch. person (i.e., a partnership, corporation, (2) Either mean power output or peak (5) On-off switch for primary power to association or governmental unit) as a envelope power output may be used for the transmitter. This switch may be result of renewals of a GMRS license measurements, as appropriate for the combined with receiver controls such as issued prior to July 31, 1987.

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§ 95.1705 Individual licenses required; (iv) A governmental unit may allow specific stations by these licensees, at eligibility; who may operate; cooperative its employees to operate its GMRS the specified locations, channels, use. station(s). antenna heights and transmitting power. A valid individual license is required (d) Individual licensee duties. The The FCC does not accept applications to to operate a GMRS station. To obtain an holder of an individual license: modify, assign, or transfer grandfathered individual license, an applicant must be (1) Shall determine specifically which GMRS licenses (other than eligible and follow the applicable rules individuals, including family members, administrative updates to change and procedures set forth in this subpart are allowed to operate (i.e., exercise contact information). and in part 1 of this chapter, and must operational control over) its GMRS pay the required application and station(s) (see paragraph (c) of this §§ 95.1707–95.1721 [Reserved] regulatory fees as set forth in part 1, section); § 95.1723 GMRS station inspection. subpart G of this chapter. (2) May allow any person to use (i.e., If an authorized FCC representative (a) Eligibility. This paragraph contains benefit from the operation of) its GMRS requests to inspect a GMRS station, the eligibility requirements for individual repeater, or alternatively, may limit the operator must make the station and any licenses in the GMRS. use of its GMRS repeater to specific station records available for inspection. (1) Only an individual who is at least persons; (a) A GMRS station includes all of the 18 years old and who meets the (3) May disallow the use of its GMRS equipment used in connection with that requirements of § 95.305 is eligible to repeater by specific persons as may be station. obtain a new individual GMRS license. necessary to carry out its (b) Station records include the (2) Any person that holds a valid responsibilities under this section. following documents, as applicable: individual license is eligible to obtain a (e) Individual license term. Each (1) A copy of each response to an FCC renewed license, or a modified license individual license in the GMRS will violation notice or an FCC letter. to reflect a change of name or address. normally have a term of ten years from (2) Each written permission received (b) Individual licensee responsibility. the date of grant or renewal, and may be from the FCC. The holder of an individual license to renewed pursuant to the procedures in (3) Any written agreement regarding operate GMRS stations is responsible at part 1 of this chapter. The FCC may sharing arrangements pursuant to all times for the proper operation of the grant a shorter license term at renewal § 95.1705(f)(4) of this part. as a sanction for violation of the FCC stations in compliance with all §§ 95.1725–95.1729 [Reserved] applicable rules in this part. rules. (c) Individuals who may operate a (f) Cooperative use of GMRS stations. § 95.1731 Permissible GMRS uses. GMRS station. This paragraph GMRS licensees may share the use of The operator of a GMRS station may establishes who may operate a GMRS their stations with other persons eligible use that station for two-way plain station under the authority of an in the GMRS, subject to the conditions language voice communications with individual license. and limitations in this paragraph. other GMRS stations and with FRS units (1) The GMRS station to be shared (1) Any individual who holds an concerning personal or business must be individually owned by the individual license may operate his or activities. licensee, jointly owned by the her GMRS stations. (a) Emergency communications. Any participants and the licensee, leased (2) Any individual who holds an GMRS channel may be used for individually by the licensee, or leased individual license may allow his or her emergency communications or for jointly by the participants and the immediate family members to operate traveler assistance. Operators of GMRS licensee. stations must, at all times and on all his or her GMRS station or stations. (2) The licensee must maintain access channels, give priority to emergency Immediate family members are the to and control over all stations communications. licensee’s spouse, children, authorized under its license. grandchildren, stepchildren, parents, (b) One-way communications. The (3) A station may be shared only: operator of a GMRS station may use that grandparents, stepparents, brothers, (i) Without charge; sisters, aunts, uncles, nieces, nephews, (ii) On a non-profit basis, with station to transmit one-way and in-laws. contributions to capital and operating communications: (1) To call for help or transmit other (3) Any individual who holds an expenses including the cost of mobile individual license may allow anyone to emergency communications; stations and paging receivers prorated (2) To provide warnings of hazardous operate his or her GMRS station if equitably among all participants; or necessary to communicate an road conditions to travelers; or, (iii) On a reciprocal basis, i.e., use of (3) To make brief test transmissions. emergency message. one licensee’s stations for the use of (c) Travelers assistance. The operator (4) Any non-individual person that another licensee’s stations without of a GMRS station may transmit holds a grandfathered GMRS license charge for either capital or operating communications necessary to assist a may allow individuals to operate its expenses. traveler to reach a destination or to grandfathered GMRS station(s) only in (4) All sharing arrangements must be receive necessary services. accordance with the following conducted in accordance with a written (d) Digital data. GMRS hand-held paragraphs: agreement to be kept as part of the portable units may transmit digital data (i) A partnership may allow its station records. containing location information, or partners and employees to operate its (g) Limitations on grandfathered requesting location information from GMRS station(s). GMRS licenses. GMRS licenses that one or more other GMRS or FRS units, (ii) A corporation may allow its were issued prior to July 31, 1987 or containing a brief text message to officers, directors, members and authorized GMRS station operation at another specific GMRS or FRS unit. employees to operate its GMRS specified locations, on specified station(s). channels, and with specified antenna § 95.1733 Prohibited GMRS uses. (iii) An association may allow its height and transmitter power. (a) In addition to the prohibited uses members and employees to operate its Grandfathered GMRS licenses authorize outlined in § 95.333 of this chapter, GMRS station(s). only continued operation of those GMRS stations must not communicate:

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(1) Messages in connection with any § 95.1745 GMRS remote control. equipped with a frequency capability activity which is against Federal, State, Notwithstanding the prohibition in not listed in § 95.1763, unless such or local law; § 95.345, GMRS repeater, base and fixed transmitter is also certified for use in (2) False or deceptive messages; stations may be operated by remote another radio service for which the (3) Coded messages or messages with control. frequency is authorized and for which hidden meanings (‘‘10 codes’’ are certification is also required. No GMRS permissible); § 95.1747 GMRS automatic control. transmitter will be certified for use in (4) Music, whistling, sound effects or Notwithstanding the prohibition in the GMRS if it is equipped with the material to amuse or entertain; § 95.347, GMRS repeater stations may be capabilities to operate in services that (5) Advertisements or offers for the operated by automatic control. do not require equipment certification, sale of goods or services; § 95.1749 GMRS network connection. such as the Amateur Radio Service. All (6) Advertisements for a political frequency determining circuitry candidate or political campaign Operation of a GMRS station with a (including crystals) and programming (messages about the campaign business telephone connection is prohibited, as controls in each GMRS transmitter must may be communicated); in § 95.349. GMRS repeater, base and be internal to the transmitter and must (7) International distress signals, such fixed stations, however, may be not be accessible from the exterior of the as the word ‘‘Mayday’’ (except when on connected to the public switched transmitter operating panel or from the a ship, aircraft or other vehicle in network or other networks for the sole exterior of the transmitter enclosure. immediate danger to ask for help); purpose of operation by remote control (d) Effective December 27, 2017, the (8) Messages which are both conveyed pursuant to § 95.1745. Commission will no longer issue a grant by a wireline control link and § 95.1751 GMRS station identification. of equipment authorization for hand- transmitted by a GMRS station; Each GMRS station must be identified held portable unit transmitter types (9) Messages (except emergency by transmission of its FCC-assigned call under both this subpart (GMRS) and messages) to any station in the Amateur sign at the end of transmissions and at subpart B of this part (FRS). (e) Effective December 27, 2017, the Radio Service, to any unauthorized periodic intervals during transmissions Commission will no longer issue a grant station, or to any foreign station; except as provided in paragraph (c) of of equipment authorization under this (10) Continuous or uninterrupted this section. A unit number may be subpart (GMRS) for hand-held portable transmissions, except for included after the call sign in the units if such units meet the communications involving the identification. immediate safety of life or property; and (a) The GMRS station call sign must requirements to be certified under (11) Messages for public address be transmitted: subpart B of this part (FRS). systems. (1) Following a single transmission or § 95.1763 GMRS channels. (12) The provision of § 95.333 apply, a series of transmissions; and, The GMRS is allotted 30 channels— however, if the licensee is a corporation (2) After 15 minutes and at least once 16 main channels and 14 interstitial and the license so indicates, it may use every 15 minutes thereafter during a channels. GMRS stations may transmit its GMRS system to furnish non-profit series of transmissions lasting more than on any of the channels as indicated radio communication service to its 15 minutes. below. parent corporation, to another (b) The call sign must be transmitted (a) 462 MHz main channels. Only subsidiary of the same parent, or to its using voice in the English language or mobile, hand-held portable, repeater, own subsidiary. international Morse code telegraphy base and fixed stations may transmit on (b) GMRS stations must not be used using an audible tone. these 8 channels. The channel center for one-way communications other than (c) Any GMRS repeater station is not frequencies are: 462.5500, 462.5750, those listed in § 95.1731(b). Initial required to transmit station 462.6000, 462.6250, 462.6500, 462.6750, transmissions to establish two-way identification if: 462.7000, and 462.7250 MHz. communications and data transmissions (1) It retransmits only (b) 462 MHz interstitial channels. listed in § 95.1731(d) are not considered communications from GMRS stations Only mobile, hand-held portable and to be one-way communications for the operating under authority of the base stations may transmit on these 7 purposes of this section. individual license under which it channels. The channel center operates; and, §§ 95.1735–95.1739 [Reserved] frequencies are: 462.5625, 462.5875, (2) The GMRS stations whose 462.6125, 462.6375, 462.6625, 462.6875, § 95.1741 GMRS antenna height limits. communications are retransmitted are and 462.7125 MHz. GMRS station antennas must meet the properly identified in accordance with (c) 467 MHz main channels. Only requirements in § 95.317 regarding this section. mobile, hand-held portable, control and menaces to air navigation. See § 95.317 §§ 95.1753–95.1559 [Reserved] fixed stations may transmit on these 8 and consult part 17 of the FCC’s Rules channels. Mobile, hand-held portable for more information (47 CFR part 17). § 95.1761 GMRS transmitter certification. and control stations may transmit on (a) Each GMRS transmitter (a these channels only when § 95.1743 Minor GMRS operators. transmitter that operates or is intended communicating through a repeater Operators under the age of 18 will not to operate in the GMRS) must be station or making brief test be held personally responsible, certified in accordance with this subpart transmissions in accordance with pursuant to § 95.343, for improper and part 2 of this chapter. § 95.319(c). The channel center operation of a GMRS repeater or base (b) A grant of equipment certification frequencies are: 467.5500, 467.5750, station. The holder of the individual for the GMRS will not be issued for any 467.6000, 467.6250, 467.6500, 467.6750, license under which the minor operates GMRS transmitter type that fails to 467.7000, and 467.7250 MHz. is solely responsible for any improper comply with the applicable rules in this (d) 467 MHz interstitial channels. operation that occurs while an subpart. Only hand-held portable units may individual under the age of 18 is (c) No GMRS transmitter will be transmit on these 7 channels. The operating the station. certified for use in the GMRS if it is channel center frequencies are:

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467.5675, 467.5875, 467.6125, 467.6375, Operation of GMRS stations must also station transmitter type with a 467.6625, 467.6875, and 467.7125 MHz. be in compliance with these rules. transmitter power output of 2.5 W or (a) Each GMRS transmitter type must less, must automatically prevent a § 95.1765 GMRS frequency accuracy. have the capability to transmit F3E or higher than normal audio level from Each GMRS transmitter type must be G3E emissions. causing overmodulation. designed to comply with the frequency (b) Only emission types A1D, F1D, (e) Audio filter. Each GMRS accuracy requirements in this section G1D, H1D, J1D, R1D, A3E, F3E, G3E, transmitter type must include audio under normal operating conditions. H3E, J3E, R3E, F2D, and G2D are frequency low pass filtering, unless it Operators of GMRS stations must also authorized for use in the GMRS. complies with the applicable paragraphs ensure compliance with these Equipment for which certification is of § 95.1779 (without filtering). requirements. sought under this subpart may have (1) The filter must be between the (a) The carrier frequency of each capabilities to transmit other emission modulation limiter and the modulated GMRS transmitter transmitting an types intended for use in other services, stage of the transmitter. emission with an occupied bandwidth provided that these emission types can (2) At any frequency (f in kHz) greater than 12.5 kHz must remain be deactivated when the equipment is between 3 and 20 kHz, the filter must within 5 parts-per-million (ppm) of the used in the GMRS. have an attenuation of at least 60 log (f/ channel center frequencies listed in 3) dB more than the attenuation at 1 § 95.1763 under normal operating § 95.1773 GMRS authorized bandwidths. kHz. Above 20 kHz, it must have an conditions. Each GMRS transmitter type must be attenuation of at least 50 dB more than (b) The carrier frequency of each designed such that the occupied the attenuation at 1 kHz. bandwidth does not exceed the GMRS transmitter transmitting an § 95.1777 GMRS tone transmissions. emission with an occupied bandwidth authorized bandwidth for the channels used. Operation of GMRS stations must In addition to audible and subaudible of 12.5 kHz or less must remain within tones used for receiver squelch 2.5 ppm of the channel center also be in compliance with these requirements. activation and selective calling, to frequencies listed in § 95.1763 under establish or maintain communications normal operating conditions. (a) Main channels. The authorized bandwidth is 20 kHz for GMRS with specific stations or to access § 95.1767 GMRS transmitting power limits. transmitters operating on any of the 462 repeater stations (see § 95.377), GMRS This section contains transmitting MHz main channels (see § 95.1763(a)) or transmitters may also transmit audio power limits for GMRS stations. The any of the 467 MHz main channels (see tones for station identification (see § 95.1751). maximum transmitting power depends § 95.1763(c)). on which channels are being used and (b) Interstitial channels. The § 95.1779 GMRS unwanted emissions the type of station. authorized bandwidth is 20 kHz for limits. (a) 462/467 MHz main channels. The GMRS transmitters operating on any of Each GMRS transmitter type must be limits in this paragraph apply to stations the 462 MHz interstitial channels (see designed to comply with the applicable transmitting on any of the 462 MHz § 95.1763(b)) and is 12.5 kHz for GMRS unwanted emissions limits in this main channels or any of the 467 MHz transmitters operating on any of the 467 section. main channels. Each GMRS transmitter MHz interstitial channels (see (a) Emission masks. Emission masks type must be capable of operating § 95.1763(d)). applicable to transmitting equipment in within the allowable power range. (c) Digital data transmissions. Digital the GMRS are defined by the GMRS licensees are responsible for data transmissions are limited to the 462 requirements in the following table. The ensuring that their GMRS stations MHz main channels and interstitial numbers in the attenuation operate in compliance with these limits. channels in the 462 MHz and 467 MHz requirements column refer to rule (1) The transmitter output power of bands. paragraph numbers under paragraph (b) of this section. mobile, repeater and base stations must § 95.1775 GMRS modulation requirements. not exceed 50 Watts. Each GMRS transmitter type must be (2) The transmitter output power of Emission types filter Attenuation fixed stations must not exceed 15 Watts. designed to satisfy the modulation requirements requirements in this section. Operation (b) 462 MHz interstitial channels. The A1D, A3E, F1D, G1D, F2D, effective radiated power (ERP) of of GMRS stations must also be in compliance with these requirements. F3E, G3E with audio filter (1), (2), (7) mobile, hand-held portable and base A1D, A3E, F1D, G1D, F3E, (a) Main channels. The peak stations transmitting on the 462 MHz G3E without audio filter .. (3), (4), (7) frequency deviation for emissions to be interstitial channels must not exceed 5 H1D, J1D, R1D, H3E, J3E, transmitted on the main channels must Watts. R2E ...... (5), (6), (7) not exceed ± 5 kHz. (c) 467 MHz interstitial channels. The (b) 462 MHz interstitial channels. The effective radiated power (ERP) of hand- (1) Filtering noted for GMRS peak frequency deviation for emissions held portable units transmitting on the transmitters refers to the requirement in to be transmitted on the 462 MHz 467 MHz interstitial channels must not § 95.1775(e). interstitial channels must not exceed ± (2) Unwanted emission power may be exceed 0.5 Watt. Each GMRS transmitter 5 kHz. measured as either mean power or peak type capable of transmitting on these (c) 467 MHz interstitial channels. The envelope power, provided that the channels must be designed such that the peak frequency deviation for emissions transmitter output power is measured ERP does not exceed 0.5 Watt. to be transmitted on the 467 MHz the same way. § 95.1769 [Reserved] interstitial channels must not exceed ± (b) Attenuation requirements. The 2.5 kHz, and the highest audio power of unwanted emissions must be § 95.1771 GMRS emission types. frequency contributing substantially to attenuated below the transmitter output Each GMRS transmitter type must be modulation must not exceed 3.125 kHz. power in Watts (P) by at least: designed to satisfy the emission (d) Overmodulation. Each GMRS (1) 25 dB (decibels) on any frequency capability rules in this section. transmitter type, except for a mobile removed from the center of the

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authorized bandwidth by more than may automatically respond with service areas as defined by the 50% up to and including 100% of the location data upon receiving an Commission, unless modified pursuant authorized bandwidth. interrogation request from another to § 95.1923. (2) 35 dB on any frequency removed GMRS or FRS unit. from the center of the authorized (2) Digital data transmissions must § 95.1905 Permissible communications. bandwidth by more than 100% up to not exceed one second in duration. A 218–219 MHz Service system may and including 250% of the authorized (3) Digital data transmissions must provide any fixed or mobile bandwidth. not be sent more frequently than one communications service to subscribers (3) 83 log (fd ÷ 5) dB on any frequency digital data transmission within a thirty- within its service area on its assigned removed from the center of the second period, except that a GMRS unit spectrum, consistent with the authorized bandwidth by a may automatically respond to more than Commission’s rules and the regulatory displacement frequency (fd in kHz) of one interrogation request received status of the system to provide services more than 5 kHz up to and including 10 within a thirty-second period. on a common carrier or private basis. (4) The antenna must be a non- kHz. § 95.1907 Requesting regulatory status. (4) 116 log (fd ÷ 6.1) dB or 50 + 10 log removable integral part of the GMRS (P) dB, whichever is the lesser unit. (a) Authorizations for systems in the attenuation, on any frequency removed (5) GMRS units must not be capable 218–219 MHz Service will be granted to from the center of the authorized of transmitting digital data on the 467 provide services on a common carrier bandwidth by a displacement frequency MHz main channels. basis or a private (non-common carrier (f in kHz), of more than 10 kHz up to (b) [Reserved] and/or private internal-use) basis. d (1) Initial applications. An applicant and including 250% of the authorized § 95.1789 [Reserved] bandwidth. will specify on FCC Form 601 if it is (5) 25 dB on any frequency removed § 95.1791 Sales of GMRS/FRS combination requesting authorizations to provide from the center of the authorized radios prohibited. services on a common carrier, non- bandwidth by more than 50% up to and (a) Effective September 30, 2019, no common carrier or private internal-use including 150% of the authorized person shall be permitted to basis, or a combination thereof. bandwidth. manufacture or import, sell or offer for (2) Amendment of pending (6) 35 dB on any frequency removed sale any radio equipment capable of applications. Any pending application from the center of the authorized operating under both this subpart may be amended to: bandwidth by more than 150% up to (GMRS) and subpart B (FRS) of this (i) Change the carrier status requested; and including 250% of the authorized chapter. or (ii) Add to the pending request in bandwidth. § § 95.1793–95.1899 [Reserved] (7) 43 + 10 log (P) dB on any order to obtain both common carrier and private status in a single license. frequency removed from the center of Subpart F—218–219 MHz Service the authorized bandwidth by more than (3) Modification of license. A licensee 250%. § 95.1901 Scope. may modify a license to: (c) Measurement bandwidths. The This subpart sets out the regulations (i) Change the carrier status power of unwanted emissions in the governing the licensing and operation of authorized; or frequency bands specified in paragraphs a 218–219 MHz system. This subpart (ii) Add to the status authorized in (b)(1) through (4) of this section is supplements part 1, subpart F of this order to obtain both common carrier and measured with a reference bandwidth of chapter, which establishes the private status in a single license. 300 Hz. The power of unwanted requirements and conditions under Applications to change, or add to, emissions in the frequency range which commercial and private radio carrier status in a license must be specified in paragraph (b)(5) of this stations may be licensed and used in the submitted on FCC Form 601 in section is measured with a reference Wireless Telecommunications Services. accordance with § 1.1102 of this bandwidth of at least 30 kHz. The provisions of this subpart contain chapter. (d) Measurement conditions. The additional pertinent information for (4) Pre-existing licenses. Licenses requirements in this section apply to current and prospective licensees granted before April 9, 2001 are each GMRS transmitter type both with specific to the 218–219 MHz Service. authorized to provide services on a and without the connection of permitted private (non-common carrier) basis. § 95.1903 218–219 MHz Service Licensees may modify this initial status attachments, such as an external description. speaker, microphone, power cord and/ pursuant to paragraph (a)(3) of this (a) The 218–219 MHz Service is or antenna. section. authorized for system licensees to (b) An applicant or licensee may § § 95.1781–95.1785 [Reserved] provide communication service to submit a petition at any time requesting subscribers in a specific service area. clarification of the regulatory status § 95.1787 GMRS additional requirements. (b) The components of each 218–219 required to provide a specific Each hand-held portable unit MHz Service system are its communications service. transmitter type submitted for administrative apparatus, its response certification under this subpart is transmitter units (RTUs), and one or § 95.1911 License requirements. subject to the rules in this section. more cell transmitter stations (CTSs). (a) Each 218–219 MHz Service system (a) Digital data transmissions. GMRS RTUs may be used in any location must be licensed in accordance with hand-held portable units that have the within the service area. CTSs provide part 1, subpart F of this chapter. capability to transmit digital data must service from a fixed point, and certain (b) Each CTS where the antenna does be designed to meet the following CTSs must be individually licensed as not exceed 6.1 meters (20 feet) above requirements. part of a 218–219 MHz Service system. ground or an existing structure (other (1) Digital data transmissions must See § 95.1911. than an antenna structure) and is only be initiated by a manual action by (c) Each 218–219 MHz Service system outside the vicinity of certain receiving the operator, except that GMRS units service area is one of the cellular system locations (see § 1.924 of this chapter) is

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authorized under the 218–219 MHz meet the service requirements set forth revenues not to exceed $3 million for System license. All other CTSs must be in § 95.1931 of this part. This plan must the preceding three years. individually licensed. be updated to reflect changes to the (d) Bidding credits. A winning bidder (c) All CTSs not meeting the licensing 218–219 MHz Service system design or that qualifies as a small business, as criteria under paragraph (b) of this construction. defined in this subsection, or a section are authorized under the 218– (b) In addition to the requirements of consortium of small businesses may use 219 MHz Service system license. part 1, subpart F of this chapter, each the bidding credit specified in (d) Each component RTU in a 218– request by a 218–219 MHz Service § 1.2110(f)(2)(ii) of this chapter. A 219 MHz Service system is authorized system licensee to add, delete, or winning bidder that qualifies as a very under the system license or, if modify technical information of an small business, as defined in this associated with an individually licensed individually licensed CTS (see section, or a consortium of very small CTS, under that CTS license. § 95.1911(b) of this part) must include a businesses may use the bidding credit (e) Each CTS (regardless of whether it description of the system after the specified in accordance with is individually licensed) and each RTU proposed addition, deletion, or § 1.2110(f)(2)(i) of this chapter. must be in compliance with the modifications, including the population (e) Auction No. 2 winning bidders. Commission’s environmental rules (see in the service area, the number of Winning bidders in Auction No. 2, part 1, subpart I of this chapter) and the component CTSs, and an explanation of which took place on July 28–29, 1994, Commission’s rules pertaining to the how the system will satisfy the service that, at the time of auction, met the construction, marking and lighting of requirements specified in § 95.1931 of qualifications under the Commission’s antenna structures (see part 17 of this this part. rules then in effect, for small business chapter). status will receive a twenty-five percent § 95.1916 Competitive bidding bidding credit pursuant to Amendment § 95.1912 License term. proceedings. of part 95 of the Commission’s Rules to (a) The term of each 218–219 MHz (a) Competitive bidding. Mutually Provide Regulatory Flexibility in the service system license is ten years from exclusive initial applications for 218– 218–219 MHz Service, Report and Order the date of original grant or renewal. 219 MHz Service licenses are subject to and Memorandum Opinion and Order, (b) Licenses for individually licensed competitive bidding. The general FCC 99–239 (released September 10, CTSs will be issued for a period running competitive bidding procedures set 1999). concurrently with the license of the forth in part 1, subpart Q of this chapter associated 218–219 MHz Service system will apply unless otherwise provided in § 95.1919 License transferability. with which it is licensed. this part. (a) A 218–219 MHz Service system license, together with all of its § 95.1913 Eligibility. (b) Installment payments. Eligible Licensees that elect resumption component CTS licenses, may be (a) An entity is eligible to hold a 218– pursuant to Amendment of part 95 of transferred, assigned, sold, or given 219 MHz Service system license and its the Commission’s Rules to Provide away only in accordance with the associated individual CTS licenses if: Regulatory Flexibility in the 218–219 provisions and procedures set forth in (1) The entity is an individual who is MHz Service, Report and Order and § 1.948 of this chapter. For licenses not a representative of a foreign Memorandum Opinion and Order, FCC acquired through competitive bidding government; or procedures (including licenses obtained (2) The entity is a partnership and no 99–239 (released September 10, 1999) may continue to participate in the in cases of no mutual exclusivity), partner is a representative of a foreign designated entities must comply with government; or installment payment program. Eligible Licensees are those that were current in §§ 1.2110 and 1.2111 of this chapter (see (3) The entity is a corporation § 1.948(a)(3) of this chapter). organized under the laws of the United installment payments (i.e., less than ninety days delinquent) as of March 16, (b) If the transfer, assignment, sale, or States of America; or gift of a license is approved, the new (4) The entity is a trust and no 1998, or those that had properly filed grace period requests under the former licensee is held to the construction beneficiary is a representative of a requirements set forth in § 95.1933. foreign government. installment payment rules. All unpaid (b) An entity that loses its 218–219 interest from grant date through election § 95.1923 Geographic partitioning and MHz Service authorization due to date will be capitalized into the spectrum disaggregation. failure to meet the construction principal as of Election Day creating a (a) Eligibility. Parties seeking requirements specified in § 95.1933 of new principal amount. Installment Commission approval of geographic this part may not apply for a 218–219 payments must be made on a quarterly partitioning or spectrum disaggregation MHz Service system license for three basis. Installment payments will be of 218–219 MHz Service system licenses years from the date the Commission calculated based on new principal shall request an authorization for partial takes final action affirming that the 218– amount as of Election Day and will fully assignment of license pursuant to 219 MHz Service license has been amortize over the remaining term of the § 1.948 of this chapter. canceled. license. The interest rate will equal the (b) Technical standards—(1) rate for five-year U.S. Treasury Partitioning. In the case of partitioning, § 95.1915 License application. obligations at the grant date. requests for authorization of partial (a) In addition to the requirements of (c) Eligibility for small business assignment of a license must include, as part 1, subpart F of this chapter, each provisions. (1) A small business is an attachments, a description of the application for a 218–219 MHz Service entity that, together with its affiliates partitioned service area and a system license must include a plan and controlling interests, has average calculation of the population of the analyzing the co- and adjacent channel gross revenues not to exceed $15 partitioned service area and the licensed interference potential of the proposed million for the preceding three years. geographic service area. The partitioned system, identifying methods being used (2) A very small business is an entity service area shall be defined by to minimize this interference, and that, together with its affiliates and coordinate points at every 3 seconds showing how the proposed system will controlling interests, has average gross along the partitioned service area unless

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an FCC-recognized service area (i.e., (2) Parties qualified for installment meeting the requirement in § 95.1933 of Economic Areas) is utilized or county payment plans. (i) Where both parties to this part for the geographic service area. lines are followed. The geographic a partitioning or disaggregation If parties choose this option, and the coordinates must be specified in agreement qualify for installment party responsible for meeting the degrees, minutes, and seconds, to the payments, the partitionee or construction requirement fails to do so, nearest second of latitude and disaggregatee will be permitted to make only the license of the non-performing longitude, and must be based upon the installment payments on its portion of party would be subject to forfeiture at 1983 North American Datum (NAD83). the remaining government obligation. renewal. In the case where an FCC-recognized (ii) Each party may be required, as a (3) Certification. All applications service area or county lines are utilized, condition to approval of the partial requesting partial assignments of license applicants need only list the specific assignment application, to execute loan for partitioning or disaggregation must area(s) (through use of FCC designations documents agreeing to pay its pro rata include the above-referenced or county names) that constitute the portion of the outstanding principal certification as to which of the partitioned area. balance due, as apportioned according construction options is selected. (2) Disaggregation. Spectrum may be to § 1.2111(e)(3) of this chapter, based (4) Supporting documents. disaggregated in any amount. upon the installment payment terms for Responsible parties must submit (3) Combined partitioning and which it qualifies under the rules. supporting documents showing disaggregation. The Commission will Failure by either party to meet this compliance with the respective consider requests for partial condition will result in the automatic construction requirements within the assignments of licenses that propose cancellation of the grant of the partial relevant time periods set forth in combinations of partitioning and assignment application. The interest § 95.1933 of this part. rate, established pursuant to disaggregation. § 95.1931 Service requirements. (c) Provisions applicable to § 1.2110(f)(3)(i) of this chapter at the designated entities—(1) Parties not time of the grant of the initial license in Subject to the initial construction qualified for installment payment plans. the market, shall continue to be applied requirements of § 95.1933 of this (i) When a winning bidder (partitionor to both parties’ portion of the balance subpart, each 218–219 MHz Service or disaggregator) that elected to pay for due. Each party will receive a license for system license must demonstrate that it its portion of the partitioned market. its license through an installment provides substantial service within the (iii) A default on an obligation will payment plan partitions its license or service area. Substantial service is affect only that portion of the market disaggregates spectrum to another party defined as a service that is sound, area held by the defaulting party. favorable, and substantially above a (partitionee or disaggregatee) that would (d) Construction requirements—(1) not qualify for an installment payment level of service which might minimally Partitioning. Partial assignors and warrant renewal. plan, or elects not to pay for its share assignees for license partitioning have of the license through installment two options to meet construction § 95.1933 Construction requirements. payments, the outstanding principal requirements. Under the first option, the (a) Each 218–219 MHz Service balance owed by the partitionor or partitionor and partitionee would each licensee must make a showing of disaggregator shall be apportioned certify that they will independently ‘‘substantial service’’ within ten years of according to § 1.2111(e)(3) of this satisfy the applicable construction the license grant. A ‘‘substantial chapter. The partitionor or disaggregator requirements set forth in § 95.1933 of service’’ assessment will be made at is responsible for accrued and unpaid this part for their respective partitioned renewal pursuant to the provisions and interest through and including the areas. If either licensee failed to meet its procedures contained in § 1.949 of this consummation date. requirement in § 95.1933 of this part, chapter. (ii) The partitionee or disaggregatee only the non-performing licensee’s (b) Each 218–219 MHz Service shall, as a condition of the approval of renewal application would be subject to licensee must file a report to inform the the partial assignment application, pay dismissal. Under the second option, the Commission of the service status of its its entire pro rata amount of the partitionor certifies that it has met or system. The report must be labeled as an outstanding principal balance on or will meet the requirement in § 95.1933 exhibit to the renewal application. At before the consummation date. Failure of this part for the entire market. If the minimum, the report must include: to meet this condition will result in partitionor fails to meet the requirement (1) A description of its current service cancellation of the grant of the partial in § 95.1933 of this part, however, only in terms of geographic coverage and assignment application. its renewal application would be subject population served; (iii) The partitionor or disaggregator to forfeiture at renewal. (2) An explanation of its record of shall be permitted to continue to pay its (2) Disaggregation. Partial assignors expansion, including a timetable of new pro rata share of the outstanding balance and assignees for license disaggregation construction to meet changes in demand and, if applicable, shall receive loan have two options to meet construction for service; documents evidencing the partitioning requirements. Under the first option, the (3) A description of its investments in and disaggregation. The original interest disaggregator and disaggregatee would its 218–219 MHz Service systems; rate, established pursuant to certify that they each will share (4) A list, including addresses, of all § 1.2110(g)(3)(i) of this chapter at the responsibility for meeting the applicable component CTSs constructed; and time of the grant of the initial license in construction requirements set forth in (5) Copies of all FCC orders finding the market, shall continue to be applied § 95.1933 of this part for the geographic the licensee to have violated the to the partitionor’s or disaggregator’s service area. If parties choose this Communications Act or any FCC rule or portion of the remaining government option and either party fails to do so, policy; and a list of any pending obligation. both licenses would be subject to proceedings that relate to any matter (iv) A default on the partitionor’s or forfeiture at renewal. The second option described in this paragraph. disaggregator’s payment obligation will would allow the parties to agree that (c) Failure to demonstrate that affect only the partitionor’s or either the disaggregator or the substantial service is being provided in disaggregator’s portion of the market. disaggregatee would be responsible for the service area will result in forfeiture

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of the license, and will result in the as close to the edge of the authorized geographical areas, maximum power, or licensee’s ineligibility to apply for 218– frequency segment as the transmitter is other operating conditions. 219 MHz Service licenses for three years designed to be capable of operating. (c) A 218–219 MHz Service licensee from the date the Commission takes (d) The reference bandwidth of the must provide a copy of the plan final action affirming that the 218–219 instrumentation used to measure the required by § 95.1915 (a) of this part to MHz Service license has been canceled emission power shall be 100 Hz for every TV Channel 13 station whose pursuant to § 95.1913 of this part. measuring emissions up to and Grade B predicted contour overlaps the including 250 kHz from the edge of the licensed service area for the 218–219 § 95.1935 Station identification. authorized frequency segment, and 10 MHz Service system. The 218–219 MHz No RTU or CTS is required to transmit kHz for measuring emissions more than Service licensee must send the plan to a station identification announcement. 250 kHz from the edge of the authorized the TV Channel 13 licensee(s) within 10 days from the date the 218–219 MHz § 95.1937 Station inspection. frequency segment. If a video filter is used, its bandwidth shall not be less Service licensee submits the plan to the Upon request by an authorized than the reference bandwidth. The Commission, and the 218–219 MHz Commission representative, the 218–219 power level of the highest emission Service licensee must send updates to MHz Service system licensee must make within the frequency segment, to which this plan to the TV Channel 13 any component CTS available for the attenuation is referenced, shall be licensee(s) within 10 days from the date inspection. remeasured for each change in reference that such updates are filed with the § 95.1951 Certification. bandwidth. Commission pursuant to § 95.1915. (d) Each 218–219 MHz Service system Each CTS and RTU transmitter must § 95.1959 Antennas. licensee must provide upon request, and be certified for use in the 218–219 MHz (a) The overall height from ground to install free of charge, an interference Service in accordance with subpart J of topmost tip of the CTS antenna shall not reduction device to any household part 2 of this chapter. exceed the height necessary to assure within a TV Channel 13 station Grade § 95.1953 Frequency segments. adequate service. Certain CTS antennas B predicted contour that experiences There are two frequency segments must be individually licensed to the interference due to a component CTS or available for assignment to the 218–219 218–219 MHz System licensee (see RTU. MHz Service in each service area. § 95.1911(b) of this part). CTS antennas (e) Each 218–219 MHz Service system Frequency segment A is 218.000– must also meet the requirements in licensee must investigate and eliminate 218.500 MHz. Frequency segment B is § 95.317 regarding menaces to air harmful interference to television 218.501–219.000 MHz. navigation. See 47 CFR 95.317 and broadcasting and reception, from its consult part 17 of the FCC’s Rules for component CTSs and RTSs, within 30 § 95.1955 Transmitter effective radiated more information (47 CFR part 17). days of the time it is notified in writing, power limitation. (b) [Reserved] by either an affected television station, The effective radiated power (ERP) of (c) The RTU may be connected to an an affected viewer, or the Commission, each CTS and RTU shall be limited to external antenna not more than 6.1 m of an interference complaint. Should the the minimum necessary for successful (20 feet) above ground or above an licensee fail to eliminate the communications. No CTS or fixed RTU existing man-made structure (other than interference within the 30-day period, may transmit with an ERP exceeding 20 an antenna structure). Connectors that the CTS(s) or RTU(s) causing the Watts. No mobile RTU may transmit are used to connect RTUs to an external problem(s) must discontinue operation. with an ERP exceeding 4 Watts. antenna shall not be of the types (f) The boundary of the 218–219 MHz generally known as ‘‘F-type’’ or ‘‘BNC Service system, as defined in its § 95.1957 Emission standards. type.’’ Use of an external antenna is authorization, is the limit of interference (a) All transmissions by each CTS and subject to § 95.1961. protection for that 218–219 MHz Service by each RTU shall use an emission type system. that complies with the following § 95.1961 Interference. standard for unnecessary radiation. (a) When a 218–219 MHz Service § § 95.1963–95.1999 [Reserved] (b) All spurious and out-of-band system suffers harmful interference Subpart G—Low Power Radio Service emissions shall be attenuated: within its service area or causes harmful (1) Zero dB on any frequency within interference to another 218–219 MHz § 95.2101 Scope. the authorized frequency segment. Service system, the licensees of both This subpart contains rules that apply (2) At least 28 dB on any frequency systems must cooperate and resolve the only to the Low Power Radio Service removed from the midpoint of the problem by mutually satisfactory (LPRS). assigned frequency segment by more arrangements. If the licensees are unable than 250 kHz up to and including 750 to do so, the Commission may impose § 95.2103 Definitions, LPRS. kHz; restrictions including, but not limited Automated maritime (3) At least 35 dB on any frequency to, specifying the transmitter power, telecommunications system (AMTS). An removed from the midpoint of the antenna height or area, duty cycle, or automatic maritime communications assigned frequency segment by more hours of operation for the stations system administered under part 80 of than 750 kHz up to and including 1250 concerned. this chapter. kHz; (b) The use of any frequency segment Individuals with disabilities. (4) At least 43 plus 10 log (base 10) (or portion thereof) at a given Individuals with a physical or mental (mean power in Watts) dB on any geographical location may be denied impairment that substantially limits one frequency removed from the midpoint when, in the judgment of the or more of the major life activities of of the assigned frequency segment by Commission, its use in that location is such individuals. See section 3(2)(A) of more than 1250 kHz. not in the public interest; the use of a the Americans with Disabilities Act of (c) When testing for certification, all frequency segment (or portion thereof) 1990 (42 U.S.C. 12102(2)(A)). measurements of unnecessary radiation specified for the 218–219 MHz Service Low Power Radio Service (LPRS). A are performed using a carrier frequency system may be restricted as to specified short-distance voice and data

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communication service for providing (d) Point-to-point network control Center auditory assistance to persons with communications for AMTS licensed Channel No. frequency disabilities (and others), health care under part 80 of this chapter. (MHz) related communications, law § 95.2133 Prohibited LPRS uses. 1 ...... 216.0125 enforcement tracking, and for certain 2 ...... 216.0375 other purposes. LPRS stations must not be used for 3 ...... 216.0625 § 95.2105 LPRS operator eligibility. two-way voice communications. 4 ...... 216.0875 5 ...... 216.1125 Subject to the requirements of § 95.2141 LPRS antenna height and 6 ...... 216.1375 §§ 95.305 and 95.307, any person is directivity requirements. 7 ...... 216.1625 eligible to operate a station in the Low 8 ...... 216.1875 Power Radio Service, except that only a LPRS operators must ensure that their 9 ...... 216.2125 person that holds an AMTS license stations satisfy the antenna 10 ...... 216.2375 issued under part 80 of this chapter may requirements in this section. 11 ...... 216.2625 operate an LPRS station for AMTS (a) For LPRS units where the antenna 12 ...... 216.2875 purposes (see § 95.2131(d)). is an integral part of the unit, and for 13 ...... 216.3125 14 ...... 216.3375 LPRS stations operating entirely within § 95.2107 [Reserved] 15 ...... 216.3625 an enclosed structure, e.g., a building, 16 ...... 216.3875 § 95.2109 Notification to affected TV there is no limit on antenna height. 17 ...... 216.4125 stations required for AMTS use. (b) For all other LPRS units, the tip 18 ...... 216.4375 Prior to operating a LPRS transmitter of the antenna must not exceed 30.5 19 ...... 216.4625 with an AMTS, the AMTS licensee must meters (100 feet) above ground level. If 20 ...... 216.4875 notify, in writing, each television station 21 ...... 216.5125 harmful interference occurs, the FCC 22 ...... 216.5375 that may be affected by such operations, may require that the LPRS station as defined in § 80.215(h) of this chapter. 23 ...... 216.5625 antenna height be reduced. 24 ...... 216.5875 The notification provided with the (c) Directional transmit antennas 25 ...... 216.6125 station’s license application (under part 26 ...... 216.6375 80 of this chapter) is sufficient to satisfy must be used for LPRS stations used with AMTS. 27 ...... 216.6625 this requirement if no new television 28 ...... 216.6875 stations would be affected. (d) LPRS antennas must also meet the 29 ...... 216.7125 requirements in § 95.317 regarding 30 ...... 216.7375 § § 95.2111–95.2123 [Reserved] menaces to air navigation. See 47 CFR 31 ...... 216.7625 32 ...... 216.7875 § 95.2125 LPRS interference. 95.317 and consult part 17 of the FCC’s Rules for more information (47 CFR part 33 ...... 216.8125 Operation of LPRS stations must not 34 ...... 216.8375 cause harmful interference to the United 17). 35 ...... 216.8625 States Air Force Space Surveillance § § 95.2143–95.2159 [Reserved] 36 ...... 216.8875 system (operating in the 216.88–217.08 37 ...... 216.9125 MHz frequency band) or to reception § 95.2161 LPRS transmitter certification. 38 ...... 216.9375 within the service contour of any type 39 ...... 216.9625 of DTV or TV Broadcast station (a) Each LPRS transmitter (a 40 ...... 216.9875 operating on Channel 13. transmitter that operates or is intended to operate in the LPRS) must be certified (b) Extra band channels. The § § 95.2127–95.2129 [Reserved] in accordance with this subpart and part following table lists the extra band 2 of this chapter. § 95.2131 Permissible LPRS uses. channel numbers and corresponding LPRS stations may be used to transmit (b) A grant of equipment certification center frequencies in Megahertz. voice, data, or tracking signals, as for the LPRS will not be issued for any LPRS transmitter type that fails to Center appropriate, to provide: Channel No. frequency (a) Auditory assistance comply with all of the applicable rules (MHz) communications (including, but not in this subpart. limited to, applications such as assistive 41 ...... 216.025 § 95.2163 LPRS channels. listening devices, audio description for 42 ...... 216.075 the blind, and simultaneous language LPRS transmitters may operate on any 43 ...... 216.125 44 ...... 216.175 translation) for: channel listed in paragraphs (a), (b), and (1) Individuals with disabilities; 45 ...... 216.225 (c) of this section. Channels 19, 20, 50, 46 ...... 216.275 (2) Individuals who require language and 151–160 are available exclusively 47 ...... 216.325 translation; or for law enforcement tracking purposes. 48 ...... 216.375 (3) Individuals who may otherwise AMTS transmissions are limited to the 49 ...... 216.425 benefit from auditory assistance 216.750–217.000 MHz frequency band 50 ...... 216.475 communications in educational settings. for low power point-to-point network 51 ...... 216.525 (b) Health care related control communications by AMTS coast 52 ...... 216.575 communications for the ill; 53 ...... 216.625 (c) Law enforcement tracking signals stations. Other AMTS transmissions in 54 ...... 216.675 (for homing or interrogation) including the 216–217 MHz frequency band are 55 ...... 216.725 the tracking of persons or stolen goods prohibited. 56 ...... 216.775 under authority or agreement with a law (a) Standard band channels. The 57 ...... 216.825 following table lists the standard band 58 ...... 216.875 enforcement agency (Federal, state, or 59 ...... 216.925 local) having jurisdiction in the area channel numbers and corresponding 60 ...... 216.975 where the transmitters are placed; center frequencies in Megahertz.

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(c) Narrowband channels. The Center Center following table lists the narrowband Channel No. frequency Channel No. frequency channel numbers and corresponding (MHz) (MHz) center frequencies in Megahertz. 128 ...... 216.3375 200 ...... 216.6975 129 ...... 216.3425 201 ...... 216.7025 Center Channel No. frequency 130 ...... 216.3475 202 ...... 216.7075 (MHz) 131 ...... 216.3525 203 ...... 216.7125 132 ...... 216.3575 204 ...... 216.7175 61 ...... 216.0025 133 ...... 216.3625 205 ...... 216.7225 62 ...... 216.0075 134 ...... 216.3675 206 ...... 216.7275 63 ...... 216.0125 135 ...... 216.3725 207 ...... 216.7325 64 ...... 216.0175 136 ...... 216.3775 208 ...... 216.7375 137 ...... 216.3825 65 ...... 216.0225 209 ...... 216.7425 138 ...... 216.3875 66 ...... 216.0275 210 ...... 216.7475 67 ...... 216.0325 139 ...... 216.3925 140 ...... 216.3975 211 ...... 216.7525 68 ...... 216.0375 212 ...... 216.7575 69 ...... 216.0425 141 ...... 216.4025 213 ...... 216.7625 70 ...... 216.0475 142 ...... 216.4075 214 ...... 216.7675 71 ...... 216.0525 143 ...... 216.4125 72 ...... 216.0575 144 ...... 216.4175 215 ...... 216.7725 73 ...... 216.0625 145 ...... 216.4225 216 ...... 216.7775 74 ...... 216.0675 146 ...... 216.4275 217 ...... 216.7825 75 ...... 216.0725 147 ...... 216.4325 218 ...... 216.7875 76 ...... 216.0775 148 ...... 216.4375 219 ...... 216.7925 77 ...... 216.0825 149 ...... 216.4425 220 ...... 216.7975 78 ...... 216.0875 150 ...... 216.4475 221 ...... 216.8025 79 ...... 216.0925 151 ...... 216.4525 222 ...... 216.8075 80 ...... 216.0975 152 ...... 216.4575 223 ...... 216.8125 81 ...... 216.1025 153 ...... 216.4625 224 ...... 216.8175 82 ...... 216.1075 154 ...... 216.4675 225 ...... 216.8225 83 ...... 216.1125 155 ...... 216.4725 226 ...... 216.8275 156 ...... 216.4775 84 ...... 216.1175 227 ...... 216.8325 157 ...... 216.4825 85 ...... 216.1225 228 ...... 216.8375 86 ...... 216.1275 158 ...... 216.4875 159 ...... 216.4925 229 ...... 216.8425 87 ...... 216.1325 230 ...... 216.8475 88 ...... 216.1375 160 ...... 216.4975 231 ...... 216.8525 89 ...... 216.1425 161 ...... 216.5025 232 ...... 216.8575 90 ...... 216.1475 162 ...... 216.5075 91 ...... 216.1525 163 ...... 216.5125 233 ...... 216.8625 92 ...... 216.1575 164 ...... 216.5175 234 ...... 216.8675 93 ...... 216.1625 165 ...... 216.5225 235 ...... 216.8725 94 ...... 216.1675 166 ...... 216.5275 236 ...... 216.8775 95 ...... 216.1725 167 ...... 216.5325 237 ...... 216.8825 96 ...... 216.1775 168 ...... 216.5375 238 ...... 216.8875 97 ...... 216.1825 169 ...... 216.5425 239 ...... 216.8925 98 ...... 216.1875 170 ...... 216.5475 240 ...... 216.8975 99 ...... 216.1925 171 ...... 216.5525 241 ...... 216.9025 100 ...... 216.1975 172 ...... 216.5575 242 ...... 216.9075 101 ...... 216.2025 173 ...... 216.5625 243 ...... 216.9125 102 ...... 216.2075 174 ...... 216.5675 244 ...... 216.9175 103 ...... 216.2125 175 ...... 216.5725 245 ...... 216.9225 104 ...... 216.2175 176 ...... 216.5775 246 ...... 216.9275 105 ...... 216.2225 177 ...... 216.5825 247 ...... 216.9325 106 ...... 216.2275 178 ...... 216.5875 248 ...... 216.9375 107 ...... 216.2325 179 ...... 216.5925 249 ...... 216.9425 108 ...... 216.2375 180 ...... 216.5975 250 ...... 216.9475 109 ...... 216.2425 181 ...... 216.6025 110 ...... 216.2475 182 ...... 216.6075 251 ...... 216.9525 111 ...... 216.2525 183 ...... 216.6125 252 ...... 216.9575 112 ...... 216.2575 184 ...... 216.6175 253 ...... 216.9625 113 ...... 216.2625 185 ...... 216.6225 254 ...... 216.9675 114 ...... 216.2675 186 ...... 216.6275 255 ...... 216.9725 115 ...... 216.2725 187 ...... 216.6325 256 ...... 216.9775 116 ...... 216.2775 188 ...... 216.6375 257 ...... 216.9825 117 ...... 216.2825 189 ...... 216.6425 258 ...... 216.9875 118 ...... 216.2875 190 ...... 216.6475 259 ...... 216.9925 119 ...... 216.2925 191 ...... 216.6525 260 ...... 216.9975 120 ...... 216.2975 192 ...... 216.6575 121 ...... 216.3025 193 ...... 216.6625 (d) AMTS network control 122 ...... 216.3075 194 ...... 216.6675 123 ...... 216.3125 195 ...... 216.6725 communications. LPRS stations 124 ...... 216.3175 196 ...... 216.6775 operating as part of an AMTS may use 125 ...... 216.3225 197 ...... 216.6825 the 216.750–217.000 MHz frequency 126 ...... 216.3275 198 ...... 216.6875 range as a single 250 kHz bandwidth 127 ...... 216.3325 199 ...... 216.6925 channel.

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§ 95.2165 LPRS frequency accuracy. numbers in the paragraphs column refer (a) Where the LPRS device is Each LPRS transmitter type must be to attenuation requirement rule constructed in two or more sections designed to satisfy the frequency paragraph numbers under paragraph (b) connected by wire and marketed accuracy requirements in this section. of this section. together, the statement specified in this (a) LPRS transmitters operating on section is required to be affixed only to standard band (25 kHz) or extra band Channels Paragraphs the main control unit. (50 kHz) channels must be designed (b) When the LPRS device is so small narrowband 5 kHz ...... (1), (2) such that the carrier frequencies remain or for such use that it is not practicable ± standard band 25 kHz ...... (3), (4) within 50 ppm of the channel center extra band 50 kHz ...... (5), (6) to place the statement specified in this frequencies specified in § 95.2163(a) AMTS 250 kHz ...... (7), (8) section on it, the statement must be and (b), respectively, during normal placed in a prominent location in the operating conditions. (b) Attenuation requirements. The instruction manual or pamphlet (b) LPRS transmitters operating on power of unwanted emissions must be supplied to the user or, alternatively, narrowband (5 kHz) channels must be attenuated below the transmitter output must be placed on the container in designed such that the carrier power in Watts (P) by at least: which the device is marketed. frequencies remain within ±1.5 ppm of (1) 30 + 20(fd ¥ 2) dB, 55 + 10 log the channel center frequencies specified (P) dB, or 65 dB, whichever is the least § 95.2195 LPRS disclosures. in § 95.2163(c) during normal operating attenuation, on any frequency removed Manufacturers of LPRS transmitters conditions. from the center of the authorized used for auditory assistance, health care bandwidth by a displacement frequency assistance, and law enforcement § 95.2167 LPRS transmitting power. (fd, in kHz) of more than 2 kHz, up to tracking purposes must include with Each LPRS transmitter type not and including 3.75 kHz. each transmitting device the following intended for use with an AMTS station (2) 55 + 10 log (P) dB on any statement: must be designed to satisfy the frequency removed from the center of This transmitter is authorized by rule transmitting power limits in paragraph the authorized bandwidth by more than under the Low Power Radio Service (47 CFR (a) of this section. The licensee of each 3.75 kHz. part 95) and must not cause harmful AMTS station is responsible for (3) 30 dB on any frequency removed interference to TV reception or to the United compliance with paragraph (b) of this from the channel center frequency by States Air Force Space Surveillance System section. 12.5 kHz to 22.5 kHz. operating in the 216.88–217.08 MHz band. (a) The ERP of an LPRS transmitter, (4) 43 + 10 log (P) dB on any With the exception of automated maritime other than an LPRS transmitter used frequency removed from the channel telecommunications system (AMTS) devices, with an AMTS station, must not exceed center frequency by more than 22.5 kHz. you do not need an FCC license to operate 100 mW. (5) 30 dB on any frequency removed this transmitter. This transmitter may only be (b) The ERP of an LPRS transmitter from the channel center frequency by 25 used to provide: auditory assistance to persons with disabilities, persons who used with an AMTS station must not kHz to 35 kHz. (6) 43 + 10 log (P) dB on any require language translation, or persons in exceed 1 Watt. educational settings; health care services to frequency removed from the channel the ill; law enforcement tracking services § § 95.2169–95.2171 [Reserved] center frequency by more than 35 kHz. under agreement with a law enforcement (7) 30 dB on any frequency removed § 95.2173 LPRS authorized bandwidths. agency; or AMTS network control from the channel center frequency by communications. Two-way voice Each LPRS transmitter type must be 125 kHz to 135 kHz. communications and all other types of uses designed such that the occupied (8) 43 + 10 log (P) dB on any not mentioned above are expressly bandwidth does not exceed the frequency removed from the channel prohibited. authorized bandwidth for the channel center frequency by more than 135 kHz. bandwidth used. (c) Measurement conditions and § 95.2197–95.2999 [Reserved] (a) The authorized bandwidth for procedures. The power of unwanted emissions transmitted on the Subpart H—Wireless Medical emissions in the frequency bands Telemetry Service narrowband channels listed in specified in paragraphs (b)(1), (3), (5), § 95.2163(c) is 4 kHz. and (7) of this section is measured with § 95.2301 Scope. (b) The occupied bandwidth for a reference bandwidth of 300 Hz. The This subpart contains rules that apply emissions transmitted on the standard power of unwanted emissions in the only to the Wireless Medical Telemetry band, extra band or AMTS channels frequency ranges specified in Service (WMTS) operating in the 608– listed in § 95.2163(a), (b), or (d), paragraphs (b)(2), (4), (6), and (8) is 614 MHz, 1395–1400 MHz and 1427– respectively, is limited through measured with a reference bandwidth of 1432 MHz frequency bands. compliance with the unwanted at least 30 kHz. emissions rule (§ 95.2179). § 95.2303 Definitions, WMTS. § 95.2181–95.2189 [Reserved] § § 95.2175–95.2177 Authorized health care provider. A § 95.2191 LPRS marketing limitations. physician or other individual § 95.2179 LPRS unwanted emission limits. Transmitters intended for operation in authorized under state or Federal law to The requirements in this section the LPRS may be marketed and sold provide health care services, or any apply to each LPRS transmitter type only for those uses described in other health care facility operated by or both with and without the connection of § 95.2131. employing individuals authorized under attachments, such as an external state or Federal law to provide health microphone, power cord and/or § 95.2193 LPRS labeling requirements. care services, or any trained technician antenna. Each LPRS transmitting device must operating under the supervision and (a) Emission masks. Emission masks be labeled with the following statement control of an individual or health care applicable to transmitting equipment in in a conspicuous location on the device: facility authorized under state or the LPRS are defined by the This device may not interfere with TV Federal law to provide health care requirements in the following table. The reception or Federal Government radar. services.

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Health care facility. A health care (i) Review and process coordination (7) Contact information for the facility includes hospitals and other requests submitted by authorized health authorized health care provider (e.g., establishments that offer services, care providers as required by this name, title, office address, telephone facilities and beds for use beyond a 24- section; number, fax number, email address). hour period in rendering medical (ii) Maintain a database of WMTS use; (f) Specific requirements for WMTS treatment, and institutions and (iii) Notify users of potential conflicts; devices in the 608–614 MHz frequency organizations regularly engaged in (iv) Coordinate WMTS operation with band. For a wireless medical telemetry providing medical services through radio astronomy observatories and device operating within the frequency clinics, public health facilities, and Federal Government radar systems as range 608–614 MHz that will be located similar establishments, including specified in paragraphs (f) and (g). near the radio astronomy observatories government entities and agencies such (v) Notify licensees operating listed below, operation is not permitted as Veterans Administration hospitals; pursuant to § 90.259(b) of this chapter of until a WMTS frequency coordinator except the term health care facility does the need to comply with the field referenced in § 95.2309 has coordinated not include an ambulance or other strength limit of § 90.259(b)(11) prior to with, and obtained the written moving vehicle. initial activation of WMTS equipment concurrence of, the director of the Wireless Medical Telemetry Service in the 1427–1432 MHz band. affected radio astronomy observatory (WMTS). A short-distance data (vi) Notify licensees operating in the before the equipment can be installed or communication service for the 1392–1395 MHz band (pursuant to operated— transmission of physiological subpart I of part 27 of this chapter) of (1) Within 80 kilometers of: parameters and other patient medical the need to comply with the field (i) National Astronomy and information via radiated strength limit of § 27.804 prior to initial Ionosphere Center, Arecibo, Puerto electromagnetic signals. activation of WMTS equipment in the Rico: 18°–20′–38.28″ North Latitude, Wireless medical telemetry. The 1395–1400 MHz band. 66°–45′–09.42″ West Longitude; measurement and recording of (b) Initial registration. Prior to first (ii) National Radio Astronomy physiological parameters and other use of a WMTS device for wireless Observatory, Socorro, New Mexico: 34°– patient-related information via radiated medical telemetry in a health care 04′–43″ North Latitude, 107°–37′–04″ bi-or unidirectional electromagnetic facility, the authorized health care West Longitude; or signals in the 608–614 MHz, 1395–1400 provider shall register the device with a (iii) National Radio Astronomy MHz and 1427–1432 MHz frequency designated frequency coordinator. After Observatory, Green Bank, West Virginia: bands. April 14, 2010, no registrations may be 38°–26′–08″ North Latitude, 79°–49′–42″ accepted for frequencies where WMTS West Longitude. § 95.2305 WMTS operator eligibility. does not have primary status. Previously (2) Within 32 kilometers of any of the Only the following persons are registered secondary facilities may National Radio Astronomy Observatory eligible to operate transmitters in the continue to operate as registered. (NRAO) facilities (Very Long Baseline Wireless Medical Telemetry Service: (c) Maintaining current information. Array Stations) centered on the (a) Authorized health care providers The authorized health care provider following geographical coordinates: are eligible to operate transmitters in the shall maintain the information WMTS without an individual license contained in each registration current in NRAO facilities N. lat. W. long. issued by the FCC provided the all material respects, and shall notify ° ′ ° ′ coordination requirements in § 95.2309 the frequency coordinator when any Pie Town, NM ...... 34 –18 108 –07 have been met. Kitt Peak, AZ ...... 31°–57′ 111°–37′ material change is made in the location Los Alamos, NM ..... 35°–47′ 106°–15′ (b) Manufacturers of wireless medical or operating parameters previously telemetry devices and their Fort Davis, TX ...... 30°–38′ 103°–57′ reported. ° ′ ° ′ representatives are eligible to operate North Liberty, IA ..... 41 –46 91 –34 (d) Discontinuation. The authorized Brewster, WA ...... 48°–08′ 119°–41′ WMTS transmitters solely for the health care provider shall notify the Owens Valley, CA .. 37°–14′ 118°–17′ purpose of demonstrating such frequency coordinator whenever a Saint Croix, VI ...... 17°–46′ 64°–35′ equipment to, or installing and medical telemetry device is Mauna Kea, HI ...... 19°–49′ 155°–28′ maintaining such equipment for, permanently taken out of service, unless Hancock, NH ...... 42°–56′ 71°–59′ authorized health care providers. the device is replaced with another (3) The National Science Foundation § 95.2307 [Reserved] transmitter utilizing the same technical characteristics as those reported on the point of contact for coordination is: § 95.2309 WMTS frequency coordination. effective registration. Spectrum Manager, Division of Operation of WMTS devices is subject (e) Registration information. Each Astronomical Sciences, NSF Room to the frequency coordination registration includes the following 1045, 4201 Wilson Blvd., Arlington, VA procedures in this section. information: 22230; telephone: 703–292–8820. (a) Frequency coordinators. The FCC (1) The specific frequency range(s); (g) Specific requirements for WMTS designates one or more frequency (2) The modulation scheme and/or devices in the 1395–1400 and 1427– coordinators to manage WMTS use of emission type (including bandwidth); 1432 MHz bands. Due to the critical the frequency bands designated for the (3) The effective radiated power; nature of communications transmitted operation of WMTS devices. (4) The number of WMTS devices in under this part, the frequency (1) Contact information for the use at the health care facility as of the coordinator in consultation with the frequency coordinator can be obtained date of registration, including National Telecommunications and from the FCC’s Web site at: https:// manufacturer name(s) and model Information Administration will www.fcc.gov/encyclopedia/wireless- numbers; determine whether there are any Federal medical-telemetry-service-wmts or by (5) The legal name of the authorized Government systems whose operations calling the FCC at 1–888–CALL–FCC (1– health care provider; could affect, or could be affected by, 888–225–5322). (6) The location of the WMTS device proposed WMTS operations in the (2) The duties of the frequency (e.g., coordinates, street address, 1395–1400 MHz and 1427–1432 MHz coordinators are to: building, as appropriate); and, bands. The locations of government

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systems in these bands are specified in § 95.2359 [Reserved] § 95.2367 [Reserved] footnotes US351 and US352 of § 2.106 § 95.2361 WMTS transmitter certification. § 95.2369 WMTS field strength limits. of this chapter. (a) WMTS transmitters (transmitters Each WMTS transmitter type must § § 95.2311–95.2323 [Reserved] that operate or are intended to operate satisfy the field strength limits in this in the WTMS) must be certified in § 95.2325 WMTS interference. section. accordance with this subpart and the (a) For WMTS transmitter types Authorized health care providers, in provisions of part 2, subpart J of this operating in the 608–614 MHz band, the conjunction with the equipment chapter. field strength of the transmitted signal manufacturers, must cooperate in the (b) A grant of equipment certification must not exceed 200 mV/m, measured selection and use of frequencies in order for the WMTS will not be issued for any at a distance of 3 meters, using to reduce the potential for interference WMTS transmitter type that fails to instrumentation with a CISPR quasi- with other wireless medical telemetry comply with the applicable rules in this peak detector. devices, or other co-primary users. subpart. (b) For WMTS transmitter types However, WMTS operations in the 608– operating in the 1395–1400 MHz and 614 MHz band are not entitled to § 95.2363 WMTS frequency bands and channels. 1427–1432 MHz bands, the field protection from adjacent band strength of the transmitted signal must The channels listed in this section are interference from broadcast television not exceed 740 mV/m, measured at 3 allotted for shared use in the WMTS and stations transmitting on TV Channels 36 meters, using instrumentation with an channels will not be assigned for and 38. averaging detector and a 1 MHz exclusive use of any entity. reference bandwidth. § § 95.2327–95.2329 [Reserved] (a) WMTS transmitter types must § 95.2331 Permissible WMTS uses. operate in one or more of these § § 95.2371–95.2377 [Reserved] frequency bands: WMTS transmitters are used to (1) 608–614 MHz (co-primary); § 95.2379 WMTS unwanted emissions transmit wireless medical telemetry, on (2) 1395–1400 MHz (co-primary); or, limits. a unidirectional or bidirectional basis. (3) 1427–1429.5 MHz (co-primary) Each WMTS transmitter type must be All transmissions must be related to the and 1429.5–1432 MHz (secondary), designed to comply with the provision of medical care. except at the locations listed in requirements in this paragraph. § 95.2333 Prohibited WMTS uses. § 90.259(b)(4) of this chapter where (a) Unwanted emissions on WMTS transmitters may operate in the frequencies below 960 MHz must not Operators of WMTS transmitters must 1429–1431.5 MHz frequency band on a exceed 200 m V/m, measured at a not use them for any purpose not set primary basis and in the 1427–1429 distance of 3 meters using measuring forth in § 95.2331 or in a manner MHz and 1431.5–1432 MHz bands on a instrumentation with a CISPR quasi- prohibited in this section. secondary basis. See note US350 to the peak detector. (a) WMTS transmitters must not be Table of Frequency Allocations in (b) Unwanted emissions on operated in moving vehicles, such as § 2.106 of this chapter for additional frequencies above 960 MHz must not ambulances, even if the vehicles are details. exceed 500 m V/m, measured at a associated with a health care facility. (b) WMTS transmitter types utilizing distance of 3 meters using measuring (b) The operation of a wireless broadband technologies (such as spread equipment with an averaging detector medical telemetry transmitter under this spectrum modulation) in the 608–614 and a 1 MHz measurement bandwidth. part is authorized anywhere within a MHz frequency band must be capable of health care facility provided the facility using one or more of the following 1.5 § § 95.2381–95.2383 [Reserved] is located anywhere Personal Radio MHz bandwidth channels (a maximum § 95.2385 WMTS RF exposure evaluation. Service station operation is permitted of 6 MHz bandwidth). Such transmitter Portable devices as defined in under §§ 95.307 and 95.309. Operation types must be designed to use the § 2.1093(b) of this chapter operating in in any other area outside of such health minimum number of channels necessary the WMTS are subject to radio care facilities is prohibited. to avoid harmful interference to other frequency radiation exposure (c) WMTS transmitters must not be WMTS devices. requirements as specified in used to transmit voice or video (1) 608.0–609.5 MHz §§ 1.1307(b) and 2.1093 of this chapter. communications. Medical waveforms, (2) 609.5–611.0 MHz Applications for equipment such as electrocardiograms, are not (3) 611.0–612.5 MHz authorization of WMTS devices must considered to be video for the purpose (4) 612.5–614.0 MHz contain a statement confirming of this section. (c) In the 1395–1400 MHz and 1427– compliance with these requirements. 1432 MHz bands, no specific channels § § 95.2335–95.2345 [Reserved] Technical information showing the are specified. Wireless medical basis for this statement must be § 95.2347 WMTS automatic control. telemetry devices may operate on any submitted to the Commission upon Notwithstanding the provisions of channel within the bands authorized for request. § 95.347, WMTS operations may be wireless medical telemetry use in this § § 95.2387–95.2391 [Reserved] conducted under manual or automatic part. control. § 95.2365 WMTS frequency accuracy. § 95.2393 WMTS labeling requirements. § § 95.2349–95.2355 [Reserved] Manufacturers of wireless medical Each WMTS device must be labeled telemetry devices are responsible for with the following statement: § 95.2357 WMTS duration of ensuring frequency accuracy such that ‘‘Operation of this equipment requires transmissions. all emissions are maintained within the the prior coordination with a frequency WMTS operations may be conducted designated bands of operation under all coordinator designated by the FCC for on a continuous basis, notwithstanding of the manufacturer’s specified the Wireless Medical Telemetry the provisions of § 95.357. conditions. Service.’’

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§ 95.2395 WMTS disclosure. protect the safety or well-being of the (b) Individuals may also operate Manufacturers, installers and users of person in whom the medical implant MedRadio transmitters that they use at WMTS equipment are cautioned that transmitter has been implanted. the direction of a duly authorized health the operation of this equipment could Medical implant transmitter. A care professional. This includes medical result in harmful interference to other MedRadio transmitter in which both the devices that have been implanted in or nearby medical devices. antenna and transmitter device are placed on the body of the individual by, designed to operate within a human or under the direction of, a duly § § 95.2397–95.2499 [Reserved] body for the purpose if facilitating authorized health care professional. Subpart I—Medical Device Radio communications from a medical (c) Manufacturers of medical devices Communications Service implant device. that include MedRadio transmitters, and Medical Micropower Network (MMN). their representatives, are eligible to § 95.2501 Scope. An ultra-low power wideband network operate MedRadio transmitters for the This subpart contains rules that apply consisting of a MedRadio programmer/ purpose of demonstrating such only to the Medical Device Radio control transmitter and medical implant equipment to duly authorized health Communications (MedRadio) Service. transmitters, all of which transmit or care professionals. receive non-voice data or related device § 95.2503 Definitions, MedRadio. § 95.2507 MBAN devices restricted to control commands for the purpose of indoor operation within a health care Duly authorized health care facilitating functional electric facility. professional. A physician or other stimulation, a technique using electric Use of Medical Body Area Network individual authorized under State or currents to activate and monitor nerves Federal law to provide health care (MBAN) devices in the 2360–2390 MHz and muscles. band is restricted to indoor operation services. MedRadio channel. Any continuous Medical Body Area Network (MBAN). within a health care facility registered segment of spectrum that is equal to the with the MBAN frequency coordinator An MBAN is a low power network MedRadio emission bandwidth of the consisting of a MedRadio programmer/ under § 95.2509. For the purposes of device with the largest bandwidth that this subpart, health care facilities are control transmitter and one or more is to participate in a MedRadio medical body-worn devices all of which limited to hospitals and other communications session. establishments, both Federal and non- transmit or receive non-voice data or MedRadio communications session. A Federal, that offer services, facilities and related device control commands for the collection of transmissions, that may or purpose of measuring and recording beds for use beyond a 24 hour period in may not be continuous, between rendering medical treatment. physiological parameters and other MedRadio system devices. patient information or performing MedRadio emission bandwidth. The § 95.2509 MBAN registration and diagnostic or therapeutic functions via difference in frequency between the frequency coordination. radiated bi-directional or uni-directional nearest points on either side of the Operation of Medical Body Area electromagnetic signals carrier center frequency where the Network (MBAN) devices is subject to Medical body-worn device. Apparatus emission power is at least 20 dB below the frequency coordination procedures that is placed on or in close proximity the maximum level of the modulated in this section. to the human body (e.g., within a few carrier power, measured using (a) The FCC will designate a centimeters) for the purpose of instrumentation employing a peak frequency coordinator(s) to manage the performing diagnostic or therapeutic detector function and a resolution operation of medical body area functions. bandwidth approximately equal to 1% networks by eligible health care Medical body-worn transmitter. A of the emission bandwidth. facilities. MedRadio transmitter intended to be MedRadio equivalent isotropically (b) The frequency coordinator shall placed on or in close proximity to the radiated power (M–EIRP). Antenna perform the following functions: human body (e.g., within a few input power times gain for free-space or (1) Register health care facilities that centimeters) used to facilitate in-tissue measurement configurations operate MBAN transmitters, maintain a communications with other medical required for MedRadio equipment, database of these MBAN transmitter communications devices for purposes of expressed in Watts, where the gain is locations and operational parameters, delivering medical therapy to a patient referenced to an isotropic radiator. and provide the FCC with information or collecting medical diagnostic MedRadio programmer/control contained in the database upon request; information from a patient. transmitter. A MedRadio transmitter (2) Determine if an MBAN is within Medical Device Radio that operates or is designed to operate line-of-sight of an Aeronautical Mobile Communications (MedRadio) Service. outside of a human body for the purpose Telemetry (AMT) receive facility in the An ultra-low power radio service for the of communicating with a receiver, or for 2360–2390 MHz band and coordinate transmission of non-voice data for the triggering a transmitter, connected to a MBAN operations with the designated purpose of facilitating diagnostic and/or medical implant device or to a medical AMT frequency coordinator, as therapeutic functions involving body-worn device used in the MedRadio specified in § 87.305 of this chapter; implanted and body-worn medical Service; and which also typically (3) Notify a registered health care devices. includes a frequency monitoring system facility when an MBAN has to change Medical implant device. Apparatus that initiates a MedRadio frequency within the 2360–2390 MHz that is placed inside the human body for communications session. band or to cease operating in the band, the purpose of performing diagnostic or consistent with a coordination therapeutic functions. § 95.2505 MedRadio operator eligibility. agreement between the MBAN and AMT Medical implant event. An occurrence Only the following persons are frequency coordinators; or the lack of an occurrence recognized eligible to operate transmitters in the (4) Develop procedures to ensure that by a medical implant device, or a duly MedRadio Service: registered health care facilities operate authorized health care professional, that (a) Duly authorized health care an MBAN consistent with the requires the transmission of data from a professionals are permitted to operate coordination requirements under this medical implant transmitter in order to MedRadio transmitters. section; and,

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

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§ 95.2511–95.2521 [Reserved] a medical implant or medical body- the MedRadio implant or body-worn worn device. Wireless retransmission of transmitter is used. § 95.2523 MedRadio transmitter inspection. information intended to be transmitted by a MedRadio programmer/control § 95.2535 MedRadio equipment certification exception. Any non-implanted MedRadio transmitter or information received from transmitter must be made available for a medical implant or medical body- Non-certified medical implant or inspection upon request by an worn transmitter shall be performed medical body-worn transmitters that are authorized FCC representative. Persons using other radio services that operate not marketed for use in the United operating implanted or body-worn in spectrum outside of the 401–406 States, but which otherwise comply MedRadio transmitters shall cooperate MHz band. with the technical requirements in this reasonably with duly authorized FCC (c) MedRadio programmer/control subpart, may be used by individuals representatives in the resolution of transmitters and medical implant who travel to the United States. interference. transmitters may not be used to relay § 95.2537–95.2539 [Reserved] § 95.2525 MedRadio interference. information in the 413–419 MHz, 426– (a) To reduce interference and make 432 MHz, 438–444 MHz, and 451–457 § 95.2541 MedRadio outdoor antenna the most efficient use of the authorized MHz bands to a receiver that is not a restrictions. facilities, MedRadio transmitters must part of the same Medical Micropower The antenna for a MedRadio share the spectrum in accordance with Network (MMN). Wireless transmitter, other than a MedRadio § 95.2559. retransmission of information to a transmitter operating in the 2390–2400 (b) MedRadio operations must not receiver that is not part of the same MHz band, must not be configured for cause harmful interference to, and must MMN must be performed using other permanent outdoor use. Furthermore, accept any interference from, stations radio services that operate in spectrum except for MedRadio operations in the operating in the 400.150–406.000 MHz outside of the 413–419 MHz, 426–432 2390–2400 MHz band, any MedRadio band in the Meteorological Aids, MHz, 438–444 MHz, and 451–457 MHz antenna used outdoors must not be Meteorological Satellite or Earth bands. Notwithstanding the above affixed to any structure for which the Exploration Satellite Services, and other restrictions, a MedRadio programmer/ height to the tip of the antenna would authorized stations operating in the control transmitter of an MMN may exceed three meters (9.8 feet) above 413–419 MHz, 426–432 MHz, 438–444 communicate with a MedRadio ground level. MHz, 451–457 MHz, and 2360–2400 programmer/control transmitter of § 95.2543–95.2545 [Reserved] MHz bands. MedRadio programmer/ another MMN to coordinate control transmitters must have the transmissions, so as to avoid § 95.2547 MedRadio automatic control. ability to operate in the presence of interference between the two MMNs. (d) Medical body-worn transmitters Notwithstanding the provisions of primary and secondary users in the § 95.347, MedRadio transmitters may be 413–419 MHz, 426–432 MHz, 438–444 may relay only information in the 2360– 2400 MHz band to a MedRadio operated under automatic control or MHz, 451–457 MHz, and 2360–2400 manual control. MHz bands. programmer/control transmitter or another medical body-worn transmitter § 95.2549 MedRadio network connection. § 95.2527–95.2529 [Reserved] device that is part of the same Medical MedRadio programmer/control Body Area Network (MBAN). A § 95.2531 Permissible MedRadio uses. transmitters may be interconnected with MedRadio programmer/control MedRadio programmer/control other telecommunications systems transmitter must not be used to relay transmitters may be operated only for including the public switched network. information in the 2360–2400 MHz the uses set forth in this section. band to other MedRadio programmer/ (a) MedRadio programmer/control § 95.2551–95.2555 [Reserved] control transmitters. Wireless transmitters may transmit only non- retransmission of all other information § 95.2557 MedRadio duration of voice data containing operational, from an MBAN transmitter to a receiver transmissions. diagnostic and therapeutic information that is not a part of the same MBAN For the purpose of facilitating associated with a medical implant shall be performed using other radio MedRadio system operation during a device or medical body-worn device services that operate in spectrum MedRadio communications session, the that has been implanted or placed on outside of the 2360–2400 MHz band. duration of transmissions is to be the person by or under the direction of Notwithstanding the above restriction, a limited in accordance with this section. a duly authorized health care MedRadio programmer/control (a) MedRadio transmitters may professional. transmit in the 401–406 MHz band in (b) MedRadio programmer/control transmitter in the 2360–2400 MHz band accordance with the provisions of transmitters may be operated for the may communicate with another § 95.2559(a) for no more than 5 seconds purposes of testing and demonstrating MedRadio programmer/control without the communications of data. MedRadio operation to health care transmitter in the 2360–2400 MHz band professionals. to coordinate transmissions so as to (b) MedRadio transmitters may avoid interference between the two transmit in the 401–406 MHz band in § 95.2533 Prohibited MedRadio uses. MBANs. accordance with the provisions of MedRadio Service transmitters must (e) Except as provided in § 95.2559(b), § 95.2559(b)(2) and (3) for no more than not be operated for uses other than those no MedRadio implant or body-worn 3.6 seconds in total within a one hour set forth in § 95.2531. transmitter shall transmit except in time period without the (a) Voice communications are response to— communications of data. prohibited in the MedRadio Service. (1) A transmission from a MedRadio (c) MedRadio transmitters may (b) MedRadio programmer/control programmer/control transmitter; or transmit in the 401–406 MHz band in transmitters may not be used to relay (2) A non-radio frequency actuation accordance with the provisions of information in the 401–406 MHz band signal generated by a device external to § 95.2559(b)(4) for no more than 360 to a receiver that is not included with the body with respect to which device milliseconds in total within a one hour

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time period without the (5) If no signal above the monitoring (1) MedRadio communications communications of data. threshold power level is detected in a sessions that are initiated by a medical (d) MedRadio programmer/control MedRadio channel, the MedRadio implant event. transmitters operating in the 413–419 programmer/control transmitter may (2) MedRadio devices operating in MHz, 426–432 MHz, 438–444 MHz, and initiate on that channel a MedRadio either the 401–401.85 MHz or 405–406 451–457 MHz bands shall not transmit communications session involving MHz bands, provided that the transmit with a duty cycle greater than 3 percent. transmissions to and from a medical power is not greater than 250 nanowatts implant or medical body-worn device. EIRP and the duty cycle for such § 95.2559 MedRadio channel access transmissions does not exceed 0.1%, requirements. The MedRadio communications session may continue as long as any silent based on the total transmission time To reduce interference and make the period between consecutive data during a one-hour interval, and a most effective use of the MedRadio transmission bursts does not exceed 5 maximum of 100 transmissions per frequency bands, MedRadio transmitter hour. types must be designed to operate in seconds. If no channel meeting the requirements in paragraphs (a)(3) and (3) MedRadio devices operating in the accordance with the rules in this 401.85–402 MHz band, provided that section. (4) of this section is available, MedRadio transmitters that are capable of the transmit power is not greater than 25 (a) Frequency monitoring in the 401– microwatts EIRP and the duty cycle for 406 MHz band. Except as provided in operating on multiple channels may transmit on the alternate channel such transmissions does not exceed paragraph (b) of this section, all 0.1%, based on the total transmission MedRadio programmer/control accessible by the device with the lowest monitored ambient power level. time during a one-hour interval, and a transmitters operating in the 401–406 maximum of 100 transmissions per (6) When a channel is selected prior MHz band must operate under the hour. control of a monitoring system that to a MedRadio communications session, (4) MedRadio devices operating with incorporates a mechanism for it is permissible to select an alternate a total emission bandwidth not monitoring the channel or channels that authorized channel for use if exceeding 300 kHz, centered at 403.65 the MedRadio system devices intend to communications are interrupted, MHz, provided that the transmit power occupy. The monitoring system antenna provided that the alternate channel is not greater than 100 nanowatts EIRP shall be the antenna normally used by selected is the next best choice using the and the duty cycle for such the programmer/control transmitter for a above criteria. The alternate channel transmissions does not exceed 0.01%, MedRadio communications session. may be accessed in the event a based on the total transmission time Before the monitoring system of a communications session is interrupted during a one-hour interval and a programmer/control transmitter initiates by interference. The following criteria maximum of 10 transmissions per hour. a MedRadio communications session, must be met: (c) Shared access. The provisions of the following access criteria must be (i) Before transmitting on the alternate this section shall not be used to extend met: channel, the channel must be monitored the range of spectrum occupied over (1) The monitoring system bandwidth, for a period of at least 10 milliseconds. space or time for the purpose of denying measured at its 20 dB down points, (ii) The detected power level during fair access to spectrum for other must be equal to or greater than the this 10 millisecond or greater MedRadio systems. MedRadio emission bandwidth of the monitoring period must be no higher (d) Frequency monitoring in the 413– intended transmission. than 6 dB above the power level 419 MHz, 426–432 MHz, 438–444 MHz, (2) Within 5 seconds prior to detected when the channel was chosen and 451–457 MHz bands. MedRadio initiating a MedRadio communications as the alternate channel. programmer/control transmitters must session, circuitry associated with a incorporate a mechanism for monitoring MedRadio programmer/control (iii) In the event that this alternate channel provision is not used by the the authorized bandwidth of the transmitter must monitor the channel or frequency band that the MedRadio channels the system devices intend to MedRadio system, or if the criteria in paragraphs (a)(6)(i) and (ii) of this transmitters intend to occupy. The occupy for a minimum of 10 monitoring system antenna shall be the milliseconds per channel. section are not met, any alternate authorized channel must be selected same antenna used by the programmer/ (3) The monitoring threshold power control transmitter for a level, PMT, in dBm, is calculated using using the access criteria specified in paragraphs (a)(1) through (5) of this communications session. the following formula. (1) The MedRadio programmer/ ¥ section. PMT = 10 log B 150 (dBm/Hz) + G control transmitter shall be capable of Where: (7) Except as provided in paragraph monitoring any occupied frequency (i) B is the MedRadio emission (b) of this section, MedRadio band at least once every second and bandwidth in Hertz of the MedRadio transmitters that operate on a single monitoring alternate frequency bands communications session transmitter channel and thus do not have the within two seconds prior to executing a having the widest emission; and, capability of operating on alternate change to an alternate frequency band. (ii) G is the MedRadio programmer/ channels may not transmit unless no (2) The MedRadio programmer/ control transmitter monitoring system signal on the single channel of operation control transmitter shall move to antenna gain, in decibels, relative to the exceeds the monitoring threshold power another authorized frequency band gain of an isotropic antenna (dBi). level. within one second of detecting a (4) For the purposes of showing (b) Exceptions to frequency persistent (i.e., lasting more than 50 compliance with the above provisions, monitoring in the 401–406 MHz band. milliseconds) signal level greater than the above calculated threshold power MedRadio devices or communications ¥60 dBm as received by a 0 dBi gain level must be increased or decreased by sessions that meet any one of the antenna in any 12.5 kHz bandwidth an amount equal to the monitoring following criteria are not required to be within the authorized bandwidth. system antenna gain above or below the operated in accordance with the access (3) The MedRadio programmer/ gain of an isotropic antenna, rules set forth in paragraph (a) of this control transmitter shall be capable of respectively. section: monitoring the authorized bandwidth of

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the occupied frequency band to MHz, 438–444 MHz, 451–457 MHz, and Network (MBAN) may operate in the determine whether either direction of 2360–2400 MHz bands. The FCC does 2360–2400 MHz band. the communications link is becoming not specify a channeling scheme for degraded to the extent that MedRadio systems. § 95.2565 MedRadio frequency accuracy. communications is likely to be lost for (a) MedRadio transmitters associated Each MedRadio transmitter type must be designed to maintain a frequency more than 45 milliseconds. Upon with medical implant devices, which ± making such a determination the incorporate a frequency monitoring stability of 100 ppm of the operating MedRadio programmer/control system as set forth in § 95.2559(a), may frequency over the applicable transmitter shall move to another transmit on any frequency in the 401– temperature range set forth in this authorized frequency band. 406 MHz band. section. Frequency stability testing shall (e) System shutdown. MedRadio (b) MedRadio transmitters associated be performed over the appropriate transmitters shall incorporate a with medical implant devices, which do temperature range. (a) 25 °C to 45 °C in the case of programmable means to implement a not incorporate a frequency monitoring system shutdown process in the event of medical implant transmitters; and system as set forth in § 95.2559(a), may (b) 0 °C to 55 °C in the case of communication failure, on command transmit on any frequency in the 401– MedRadio programmer/control from the MedRadio programmer/control 402 MHz or 405–406 MHz bands, or on transmitters and medical body-worn transmitter, or when no authorized the frequency 403.65 MHz in the 402– transmitters. alternate frequency band is available. 405 MHz band. The shutdown process shall commence (c) MedRadio transmitters associated § 95.2567 MedRadio radiated power limits. within 45 milliseconds after loss of the with medical body-worn devices, Each MedRadio transmitter type must communication link or receipt of the regardless of whether a frequency be designed such that the MedRadio shutdown command from the MedRadio monitoring system as set forth in equivalent isotropically radiated power programmer/control transmitter. This § 95.2559(a) is employed, may transmit (M–EIRP) does not exceed the limits in requirement does not apply to on any frequency in the 401–402 MHz this section. Compliance with these MedRadio operations in the 401–406 or 405–406 MHz bands. limits must be determined as set forth MHz band. (d) MedRadio transmitters that are in § 95.2569. (f) Requirements for MBAN Networks. used externally to evaluate the efficacy (a) Transmitters subject to frequency A MedRadio programmer/control of a more permanent medical implant monitoring—401–406 MHz. For transmitter and its associated medical device, regardless of whether a MedRadio transmitters that are not body-worn transmitters shall not frequency monitoring system as set forth excepted under § 95.2559(b) from the commence operating in, and shall in § 95.2559(a) is employed, may frequency monitoring requirements of automatically cease operating in, the operate on any frequency in the 402– § 95.2559(a): 2360–2390 MHz band if the 405 MHz band, provided that: (1) The M–EIRP within any 300 kHz programmer/control transmitter does (1) Such external body-worn bandwidth within the 402–405 MHz not receive, in accordance with the operation is limited solely to evaluating band must not exceed 25 microwatts. protocols specified by the manufacturer, with a patient the efficacy of a fully (2) The M–EIRP within any 100 kHz a control message permitting such implanted permanent medical device bandwidth within the 401–402 MHz or operation. Medical body-worn that is intended to replace the 405–406 MHz bands must not exceed 25 transmitters shall cease operating in temporary body-worn device; microwatts. (b) Transmitters excepted from 2360–2390 MHz if they lose (2) RF transmissions from the external frequency monitoring—401–402 MHz communication with their associated device must cease following the patient and 405–406 MHz. For MedRadio programmer/control transmitter. evaluation period, which may not transmitters that are excepted under Additionally, a MedRadio programmer/ exceed 30 days, except where a health § 95.2559(b)(2) or (3) from the frequency control transmitter and its associated care practitioner determines that medical body-worn transmitters monitoring requirements of § 95.2559(a): additional time is necessary due to (1) The M–EIRP of any transmitter operating in the 2360–2390 MHz band unforeseen circumstances; shall comply with a control message operating in the 401–401.85 MHz or (3) The maximum output power of the 405–406 MHz bands must not exceed that notifies the devices to limit temporary body-worn device must not transmissions to segments of the 2360– 250 nanowatts in any 100 kHz exceed 200 nW EIRP; and bandwidth. 2390 MHz band or to cease operation in (4) The temporary body-worn device the band. (2) The M–EIRP of any transmitter must comply fully with all other operating in the 401.85–402 MHz band § 95.2561 MedRadio transmitter MedRadio rules applicable to medical must not exceed 25 microwatts in any certification. implant device operation in the 402–405 150 kHz bandwidth. (a) Except as provided § 95.2535, each MHz band. (c) Transmitters excepted from MedRadio transmitter (a transmitter that (e) Only MedRadio transmitters that frequency monitoring—403.65 MHz. For operates or is intended to operate as a are part of a Medical Micropower MedRadio transmitters that are excepted station in the MedRadio Service) must Network (MMN) may operate in the under § 95.2559(b)(4) from the be certified in accordance with this 413–419 MHz, 426–432 MHz, 438–444 frequency monitoring requirements of subpart and part 2 of this chapter. MHz, and 451–457 MHz bands. Each § 95.2559(a), the M–EIRP must not (b) A grant of equipment certification MedRadio transmitter that is part of an exceed 100 nanowatts in the 300 kHz for the MedRadio Service will not be MMN must be capable of operating in bandwidth centered at 403.65 MHz. issued for any MedRadio transmitter each of the following bands: 413–419 (d) Transmitters—other frequency type that fails to comply with all of the MHz, 426–432 MHz, 438–444 MHz, and bands. For MedRadio transmitters applicable rules in this subpart. 451–457 MHz. All MedRadio operating in the 413–419 MHz, 426–432 transmitters that are part of a single MHz, 438–444 MHz, or 451–457 MHz § 95.2563 MedRadio frequency bands. MMN must operate in the same band. bands: MedRadio transmitters operate in the (f) Only MedRadio transmitters that (1) The peak M–EIRP over the 401–406 MHz, 413–419 MHz, 426–432 are part of a Medical Body Area frequency bands of operation must not

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exceed the lesser of zero dBm (1 mW) and test technique. Guidance regarding the maximum authorized bandwidth is or 10 log (B)¥7.782 dBm, where B is the SAR measurement techniques dielectric 5 MHz. MedRadio 20 dB emission bandwidth in parameters for the tissue-equivalent (f) Lesser emission bandwidths may megahertz. material can be found in the Office of be employed, provided that the (2) The peak power spectral density Engineering and Technology (OET) unwanted emissions are attenuated as must not exceed 800 microwatts per Laboratory Division Knowledge provided in § 95.2579. See also megahertz in any one megahertz band. Database (KDB). § 95.2567 regarding maximum radiated (e) Transmitters—2360–2390 MHz power limits, § 95.2565 on frequency band. For MedRadio transmitters § 95.2571 MedRadio emission types. accuracy, § 95.2569 on field strength operating in the 2360–2390 MHz band, A MedRadio station may transmit any measurements, and § 95.2585 on RF the M–EIRP over the bands of operation emission type appropriate for exposure. must not exceed the lesser of zero dBm communications in this service. Voice § 95.2575–95.2577 [Reserved] (1 mW) or 10 log (B) dBm, where B is communications, however, are the MedRadio 20 dB emission prohibited. § 95.2579 MedRadio unwanted emissions bandwidth in megahertz. limits. § 95.2573 MedRadio authorized (f) Transmitters—2390–2400 MHz bandwidths. Unwanted emission field strength band. For MedRadio transmitters limits and attenuation requirements operating in the 2390–2400 MHz band, Each MedRadio transmitter type must be designed such that the MedRadio apply to each MedRadio transmitter the M–EIRP over the bands of operation type, as set forth in this section and part must not exceed the lesser of 13 dBm emission bandwidth does not exceed the applicable authorized bandwidth set 2. (20 mW) or 16 + 10 log (B) dBm, where (a) Field strength limits. The field forth in this section. B is the MedRadio 20 dB emission strengths of unwanted emissions from (a) For MedRadio transmitters bandwidth in megahertz. each MedRadio transmitter type, operating in the 402–405 MHz band, the measured at a distance of 3 meters, must § 95.2569 MedRadio field strength maximum authorized bandwidth is 300 not exceed the field strength limits measurements. kHz. Such transmitters must not use shown in the table in this paragraph for more than 300 kHz of bandwidth (total) Compliance with MedRadio the indicated frequency ranges, if the during a MedRadio communications equivalent isotropic radiated power (M– frequencies of these emissions are: EIRP) limits can be determined by session. This provision does not (1) More than 250 kHz outside of the measuring the radiated field strength preclude full duplex or half duplex 402–405 MHz band (for devices from the transmitter type, in accordance communications provided that the total designed to operate in the 402–405 MHz with the rules in this section. bandwidth of all of the channels band); (a) Radiated field strength values employed in a MedRadio (2) More than 100 kHz outside of corresponding to the M–EIRP limits in communications session does not either the 401–402 MHz or 405–406 § 95.2567 are given in the table in this exceed 300 kHz. MHz bands (for devices designed to paragraph, for an open area test site, and (b) For MedRadio transmitters operate in the 401–402 MHz or 405–406 for a test site equivalent to free space, operating in the 401–401.85 MHz band MHz bands); such as a fully anechoic test chamber. or the 405–406 MHz band, the (3) In the 406.000–406.100 MHz band Field strength is measured at a distance maximum authorized bandwidth is 100 (for devices designed to operate in the of 3 meters from the equipment under kHz. Such transmitters must not use 401–402 MHz or 405–406 MHz bands); test. more than 100 kHz of bandwidth (total) or during a MedRadio communications (4) More than 2.5 MHz outside of the M–EIRP Open Free session. This provision does not 413–419 MHz, 426–432 MHz, 438–444 area space preclude full duplex or half duplex MHz or 451–457 MHz bands (for limit (mV/m) (mV/m) communications provided that the total devices designed to operate in these 1 mW ...... 115.1 57.55 bandwidth of all of the channels four bands). 25 μW ...... 18.2 9.1 employed in a MedRadio (5) More than 2.5 MHz outside of the 250 nW ...... 1.8 0.9 communications session does not 2360–2400 MHz band (for devices 100 nW ...... 1.2 0.6 exceed 100 kHz. designed to operate in the 2360–2400 (c) For MedRadio transmitters MHz band). (b) Compliance with the maximum operating in the 401.85–402 MHz band, transmitter power requirements in the maximum authorized bandwidth is Frequency range Field § 95.2567 is based on measurements strength 150 kHz. Such transmitters must not use (MHz) (μV/m) using a peak detector function and more than 150 kHz of bandwidth (total) measured over an interval of time when during a MedRadio communications 30–88 ...... 100 transmission is continuous and at its session. This provision does not 88–216 ...... 150 maximum power level. In lieu of using preclude full duplex or half duplex 216–960 ...... 200 a peak detector function, measurement communications, provided that the total 960 and above ...... 500 procedures that have been found to be bandwidth of all of the channels acceptable to the FCC in accordance employed in a MedRadio Note to table in paragraph (a)(5): At the with § 2.947 of this chapter may be used communications session does not boundaries between frequency ranges, to demonstrate compliance. exceed 150 kHz. the tighter limit (lower field strength) (c) For a MedRadio transmitter (d) For MedRadio transmitters applies. Below 1 GHz, field strength is intended to be implanted in a human operating in the 413–419 MHz, 426–432 measured using a CISPR quasi-peak body, radiated emissions and M–EIRP MHz, 438–444 MHz or 451–457 MHz detector. Above 1 GHz, field strength is measurements for transmissions by bands, the maximum 20 dB authorized measured using an average detector stations authorized under this section bandwidth is 6 MHz. with a minimum reference bandwidth of may be made in accordance with an (e) For MedRadio transmitters 1 MHz. See also part 2, subpart J of this FCC-approved human body simulator operating in the 2360–2400 MHz band, chapter.

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(b) Harmonic emissions. Radiated any 1 megahertz bandwidth of the Satellite, and Earth Exploration Satellite unwanted emissions from a MedRadio fundamental emission. Services and must accept any interference transmitter type must be measured to at (g) Measurements. Compliance with received, including interference that may least the tenth harmonic of the highest the limits in paragraphs (c), (d), and (e) cause undesired operation. fundamental frequency emitted. of this section is based on the use of (b) MedRadio programmer/control (c) Attenuation requirements, 402–405 measurement instrumentation using a transmitters operating in the 413–419 MHz. For MedRadio transmitter types peak detector function with an MHz, 426–432 MHz, 438–444 MHz, and designed to operate in the 402–405 MHz instrument reference bandwidth 451–457 MHz bands shall be labeled as band, unwanted emissions must be approximately equal to 1.0 percent of provided in part 2 of this chapter and attenuated below the maximum the emission bandwidth of the device shall bear the following statement in a permitted transmitter output power by under measurement. conspicuous location on the device: at least: This device may not interfere with stations § 95.2581–95.22583 [Reserved] (1) 20 dB, on any frequency within authorized to operate on a primary basis in the 402–405 MHz band that is more § 95.2585 MedRadio RF exposure the 413–419 MHz, 426–432 MHz, 438–444 than 150 kHz away from the center evaluation. MHz, and 451–457 MHz bands, and must frequency of the occupied bandwidth; accept any interference received, including A MedRadio medical implant device interference that may cause undesired (2) 20 dB, on any frequency between or medical body-worn transmitter is operation. 401.750 MHz and 402.000 MHz, and on subject to the radiofrequency radiation any frequency between 405 MHz and (c) MedRadio programmer/control exposure requirements specified in transmitters operating in the 2360–2400 405.250 MHz. §§ 1.1307(b) and 2.1093 of this chapter, (d) Attenuation requirements, 401– MHz band shall be labeled as provided as appropriate. Applications for in part 2 of this chapter and shall bear 402 MHz, 405–406 MHz. For MedRadio equipment authorization of devices transmitter types designed to operate in the following statement in a operating under this section must conspicuous location on the device: the 401–402 MHz band or 405–406 MHz demonstrate compliance with these band, the power of unwanted emissions requirements using either finite This device may not interfere with stations must be attenuated below the difference time domain (FDTD) authorized to operate on a primary basis in the 2360–2400 MHz band, and must accept transmitter output power by at least: computational modeling or laboratory (1) 20 dB, on any frequency within any interference received, including measurement techniques. Where a interference that may cause undesired the 401–401.85 MHz or 405–406 MHz showing is based on computational operation. bands that is: modeling, the Commission retains the (i) More than 75 kHz away from the (d) If it is not feasible to place the discretion to request that supporting statement specified by paragraph (a), (b), center frequency of the occupied documentation and/or specific bandwidth if the MedRadio transmitter or (c) of this section on the device, it absorption rate (SAR) measurement data may be placed in the instruction manual type is operating on a frequency be submitted. between 401.85 and 402 MHz; or, for the transmitter instead. (e) If a MedRadio programmer/control (ii) More than 50 kHz away from the § 95.2587 MedRadio additional transmitter is constructed in two or center frequency of the occupied requirements. more sections connected by wire and bandwidth and 100 kHz or less below (a) The antenna associated with any marketed together, the statement 401 MHz or above 406 MHz. MedRadio transmitter must be supplied specified in this section is required to be (2) 20 dB, on any frequency between with the transmitter and is considered part of the transmitter subject to affixed only to the main control unit. 400.900 MHz and 401.000 MHz, and on (f) MedRadio transmitters shall be any frequency between 406.000 MHz equipment authorization. (b) MedRadio transmitters shall be identified with a serial number on each and 406.100 MHz. device, except as noted in paragraphs (e) Attenuation requirements, 413–419 tested for frequency stability, radiated emissions and EIRP limit compliance in (f)(1) and (2) of this section. MHz, 426–432 MHz, 438–444 MHz, and (1) For MedRadio transmitters that accordance with applicable rules. 451–457 MHz. For MedRadio operate in the 2360–2400 MHz band, transmitter types designed to operate in § 95.2589 [Reserved] only the programmer/control transmitter the 413–419 MHz, 426–432 MHz, 438– shall be identified with a serial number. 444 MHz and 451–457 MHz bands: In § 95.2591 MedRadio marketing limitations. (2) The FCC ID number associated the first 2.5 megahertz above or below Transmitters intended for operation in with a medical implant transmitter and any of the frequency bands authorized the MedRadio Service may be marketed the information required by § 2.925 of for Medical Micropower Network and sold only for the use in accordance this chapter may be placed in the operation, the EIRP of any unwanted with § 95.2531. instruction manual for the transmitter emission must be attenuated within a 1 and on the shipping container for the megahertz bandwidth by at least 20 dB § 95.2593 MedRadio labeling transmitter, in lieu of being placed requirements. relative to the maximum EIRP within directly on the transmitter. any 1 megahertz bandwidth of the MedRadio transmitters must be fundamental emission. labeled in accordance with the § 95.2595 MedRadio disclosures. (f) Attenuation requirements, 2360– requirements in this section. Manufacturers of MedRadio 2400 MHz. For MedRadio transmitter (a) MedRadio programmer/control transmitters must include with each types designed to operate in the 2360– transmitters operating in the 401–406 transmitting device the statement set 2400 MHz band: In the first 2.5 MHz band shall be labeled as provided forth in this section that applies to the megahertz above or below any of the in part 2 of this chapter and shall bear frequency bands in use. frequency bands authorized for MBAN the following statement in a (a) For MedRadio transmitters operation, the EIRP of any unwanted conspicuous location on the device: operating in the 401–406 MHz band, the emission must be attenuated within a 1 This device may not interfere with stations following statement applies: megahertz bandwidth by at least 20 dB operating in the 400.150–406.000 MHz band This transmitter is authorized by rule relative to the maximum EIRP within in the Meteorological Aids, Meteorological under the Medical Device

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Radiocommunication Service (in part 95 of § 95.2703 Definitions, MURS. 18.3 meters (60 feet) above the ground the FCC Rules) and must not cause harmful MURS. A two-way, short distance or 6.10 meters (20 feet) above the interference to stations operating in the voice or data communication service for highest point of the structure on which 400.150–406.000 MHz band in the facilitating personal or business it is mounted. MURS station antennas Meteorological Aids (i.e., transmitters and receivers used to communicate weather data), activities of the general public. must also meet the requirements in § 95.317 regarding menaces to air the Meteorological Satellite, or the Earth § 95.2705 Grandfathered MURS stations. Exploration Satellite Services and must navigation. See 47 CFR 95.317 and accept interference that may be caused by MURS stations that were licensed consult part 17 of the FCC’s Rules for such stations, including interference that under part 90 of this chapter to operate more information (47 CFR part 17). may cause undesired operation. This on MURS frequencies as of November transmitter shall be used only in accordance 13, 2000, are authorized by this rule to § 95.2743–95.2747 [Reserved] with the FCC Rules governing the Medical continue to operate under terms § 95.2749 MURS network connection. Device Radiocommunication Service. Analog identical to those of such nullified part MURS stations are prohibited from and digital voice communications are 90 authorizations, including any prohibited. Although this transmitter has interconnection with the public been approved by the Federal associated rule waivers. switched network. Interconnection Communications Commission, there is no § 95.2707 Airborne use of MURS not Defined. Connection through automatic guarantee that it will not receive interference authorized. or manual means of multi-use radio or that any particular transmission from this stations with the facilities of the public transmitter will be free from interference. Notwithstanding the provisions of § 95.307, MURS operation is not switched telephone network to permit (b) For MedRadio transmitters authorized aboard aircraft in flight. the transmission of messages or signals operating in the 413–419 MHz, 426–432 between points in the wireline or radio MHz, 438–444 MHz and 451–457 MHz § 95.2709–95.2717 [Reserved] network of a public telephone company bands, the following statement applies: § 95.2719 MURS replacement parts. and persons served by multi-use radio stations. Wireline or radio circuits or This transmitter is authorized by rule The operator of an MURS transmitter under the MedRadio Service (47 CFR part links furnished by common carriers, may replace parts of an MURS 95). This transmitter must not cause harmful which are used by licensees or other transmitter as indicated in this section. interference to stations authorized to operate authorized persons for transmitter All other internal maintenance and on a primary basis in the 413–419 MHz, 426– control (including dial-up transmitter repairs must be carried out in 432 MHz, 438–444 MHz, and 451–457 MHz control circuits) or as an integral part of bands, and must accept interference that may accordance with § 95.319. an authorized, private, internal system be caused by such stations, including (a) A damaged antenna may be of communication or as an integral part interference that may cause undesired replaced by another antenna of the same of dispatch point circuits in a multi-use operation. This transmitter shall be used only or a compatible similar type. in accordance with the FCC Rules governing (b) Batteries in the MURS transmitter radio station are not considered to be the MedRadio Service. Analog and digital may be replaced with batteries of a type interconnection for purposes of this rule voice communications are prohibited. part. Although this transmitter has been approved specified by the manufacturer. by the Federal Communications Commission, § 95.2721–95.2723 [Reserved] § 95.2751–95.2755 [Reserved] there is no guarantee that it will not receive § 95.2757 MURS duration of interference or that any particular § 95.2725 MURS interference. transmissions. transmission from this transmitter will be MURS station operators must take free from interference. MURS stations may not be operated in reasonable precautions to avoid causing the continuous carrier transmit mode. (c) For MedRadio transmitters harmful interference. This includes operating in the 2360–2400 MHz band, monitoring the transmitting frequency § 95.2759 [Reserved] the following statement applies: for communications in progress before § 95.2761 MURS transmitter certification. This transmitter is authorized by rule transmitting, and other measures as may under the MedRadio Service (47 CFR part be necessary to minimize the potential (a) Each MURS transmitter (a 95). This transmitter must not cause harmful for causing interference. transmitter that operates or is intended interference to stations authorized to operate to operate in MURS) must be certified on a primary basis in the 2360–2400 MHz § 95.2727–95.2729 [Reserved] in accordance with this subpart and part band, and must accept interference that may § 95.2731 Permissible MURS uses. 2 of this chapter. be caused by such stations, including (b) A grant of equipment certification interference that may cause undesired The operator of a MURS station may will not be issued for any MURS operation. This transmitter shall be used only use it for the purposes listed in this transmitter type that fails to comply in accordance with the FCC Rules governing section. the MedRadio Service. Analog and digital with all of the applicable rules in this (a) MURS stations may be used to subpart. voice communications are prohibited. transmit voice, data or image signals. Although this transmitter has been approved (c) A grant of equipment certification by the Federal Communications Commission, (b) MURS stations may be used for will not be issued for MURS there is no guarantee that it will not receive telecommand and telemetry functions. transmitters capable of operating under interference or that any particular § 95.2733 Prohibited MURS uses. both this subpart (MURS) and under any transmission from this transmitter will be other subparts of this chapter (except free from interference. MURS stations must not be operated as repeater stations or signal boosters. part 15). § 95.2597–95.2699 [Reserved] This prohibition includes store-and- § 95.2763 MURS channels. forward packet operation. Subpart J—Multi–Use Radio Service Five VHF channels are allotted for § 95.2735–95.2739 [Reserved] shared use in the MURS. These § 95.2701 Scope. channels, designated by their center This subpart contains rules that apply § 95.2741 MURS antenna height limit. frequencies in megahertz, are as follows: only to the Multi-Use Radio Service The highest point of any MURS 151.820, 151.880, 151.940, 154.570, and (MURS). station antenna must not be more than 154.600 MHz. Each MURS transmitter

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type must be designed to transmit on kHz. Above 15 kHz, it must have an (4) 35 dB on any frequency removed one or more of these channels. attenuation of at least 28 dB more than from the channel center frequency by the attenuation at 1 kHz. more than 20 kHz, but not more than 50 § 95.2765 MURS frequency accuracy. kHz. § 95.2777 [Reserved] Each MURS transmitter type must be (5) 83 log (fd ÷ 5) dB on any frequency designed to meet the applicable § 95.2779 MURS unwanted emissions removed from the center of the frequency tolerance and stability limits. authorized bandwidth by a requirements of this section. The requirements in this section displacement frequency (fd in kHz) that (a) MURS transmitters that operate apply to each MURS transmitter type is more than 5 kHz, but not more than with an emission bandwidth of 6.25 kHz both with and without the connection of 10 kHz. 2 or less must be designed such that the (6) 29 log (fd ÷ 11) dB or 50 dB, ± attachments, such as an external carrier frequencies remain within 2.0 microphone, power cord and/or whichever is the lesser attenuation on parts-per-million (ppm) of the channel antenna. any frequency removed from the center frequencies specified in § 95.2763 (a) Emission masks. Emission masks channel center frequency by a during normal operating conditions. applicable to transmitting equipment in displacement frequency (fd in kHz) that (b) MURS transmitters that operate the MURS are defined by the is more than 10 kHz, but not more than with an emission bandwidth greater requirements in the following table. The 50 kHz. than 6.25 kHz must be designed such numbers in the paragraphs column refer (7) 43 + 10 log(P) dB on any frequency that the carrier frequencies remain to attenuation requirement rule removed from the channel center ± within 5.0 ppm of the channel center paragraph numbers under paragraph (b) frequency by more than 50 kHz. frequencies specified in § 95.2763 of this section. The words ‘‘audio filter’’ (c) Measurement bandwidths. The during normal operating conditions. refer to the audio filter described in power of unwanted emissions in the frequency bands specified in paragraphs § 95.2767 MURS transmitting power limit. § 95.2775. (b)(1) and (3) through (6) of this section Each MURS transmitter type must be Channel center frequencies Paragraphs is measured with a reference bandwidth designed such that the transmitter (MHz) of 300 Hz. The power of unwanted power output does not exceed 2 Watts emissions in the frequency ranges under normal operating conditions. 151.820, 151.880 and 151.940 (1), (2). 154.570 & 154.600, with audio (3), (4), (7). specified in paragraphs (b)(2) and (7) of § 95.2769 [Reserved] filter. this section is measured with a 154.570 & 154.600, without (5), (6), (7). reference bandwidth of at least 30 kHz. § 95.2771 MURS emission types. audio filter. § 95.2781–95.2899 [Reserved] A MURS transmitter must transmit only emission types A1D, A2B, A2D, (1) Each MURS transmitter type that Subpart K—Personal Locator Beacons A3E, F2B, F1D, F2D, F3E, and G3E. transmits F3E or G3E emissions on and Maritime Survivor Locating Emission types A3E, F3E and G3E may 154.570 MHz or 154.600 MHz and Devices include selective calling or tone- incorporates an audio filter satisfying operated squelch tones to establish or the requirements of § 95.2775 in its § 95.2901 Scope. continue voice communications. MURS design may comply with the less This subpart contains rules that apply transmitters are prohibited from stringent unwanted emissions only to Personal Locator Beacons (PLBs) transmitting in the continuous carrier attenuation requirements set forth in and Maritime Survivor Locating Devices mode. paragraphs (b)(3), (4), and (7) of this (MSLDs). section. § 95.2773 MURS authorized bandwidths. (2) Each MURS transmitter type that § 95.2903 Definitions, PLBs and MSLDs. Each MURS transmitter type must be transmits on 154.570 MHz or 154.600 Identification code. An identification designed to meet the emission MHz, but does not incorporate an audio code issued by the National Oceanic bandwidth limitations in this section. filter satisfying the requirements of and Atmospheric Administration (a) The occupied bandwidth of § 95.2775 in its design, must comply (NOAA) to establish a unique emissions transmitted on the center with the unwanted emissions identification for each PLB. frequencies 151.820 MHz, 151.880 MHz, attenuation requirements set forth in National Oceanic and Atmospheric and 151.940 MHz must not exceed 11.25 paragraphs (b)(5) through (7) of this Administration (NOAA). The U.S. kHz. section. Government Agency that is the United (b) The occupied bandwidth of (b) Attenuation requirements. The States Program Manager for the 406 emissions transmitted on the center power of unwanted emissions must be MHz COSPAS/SARSAT satellite system. frequencies 154.570 MHz and 154.600 attenuated below the transmitter output Maritime Survivor Locating Device MHz must not exceed 20.0 kHz. power in Watts (P) by at least: (MSLD). A device intended to aid in the ¥ (c) The occupied bandwidth of type (1) 7.27(fd 2.88 kHz) dB on any location of persons in the water. A3E emissions must not exceed 8.0 kHz. frequency removed from the channel Personal Locator Beacon (PLB). A center frequency by a displacement small portable transmitter, compliant § 95.2775 MURS audio filter. frequency (fd in kHz) that is more than with all of the rules in this subpart, that The audio filter referenced in 5.625 kHz, but not more than 12.5 kHz. is intended to provide individuals in § 95.2779 must satisfy the requirements (2) 50 + 10 log (P) dB or 70 dB, remote areas a means to alert others of in this section. whichever is the lesser attenuation, on an emergency situation and to aid (a) The audio filter must be between any frequency removed from the search and rescue personnel to locate the modulation limiter and the channel center frequency by more than those in distress. modulated stage of the transmitter. 12.5 kHz. (b) At any frequency (f in kHz) (3) 25 dB on any frequency removed § 95.2905 PLB registration. between 3 and 15 kHz, the filter must from the channel center frequency by Each PLB owner must initially have an attenuation of at least 40 log (f/ more than 10 kHz, but not more than 20 register their PLB with National Oceanic 3) dB more than the attenuation at 1 kHz. and Atmospheric Administration

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(NOAA) and must advise NOAA of any § 95.2965–95.2969 [Reserved] manufacturer’s quality assurance subsequent change of ownership or program. § 95.2971 PLB emission type. other change in the registration (3) After reviewing the information information. Each PLB is registered by PLB transmitter types must be described in paragraph (b)(2) of this its identification code (see § 95.2987(b)). designed to use emission type G1D on section, the U.S. Coast Guard will issue the frequency band 406.0–406.1 MHz. (a) PLB owners are encouraged to a letter stating whether the MSLD register their PLBs through the internet § 95.2973–95.2985 [Reserved] satisfies all RTCM Recommended using the following Web site: http:// Standards. In the case of an MSLD that www.beaconregistration.noaa.gov § 95.2987 Additional PLB and MSLD includes a function intended to send a certification requirements. (b) PLB owners may also register their distress message directly to the U.S. (a) To be certified for use under this PLBs by mailing a completed Coast Guard or any other search and subpart, 406 MHz PLB transmitter types registration card to the following rescue organization, the letter will also must be designed to satisfy the address: NOAA SARSAT Beacon state whether the U.S. Coast Guard following additional requirements. Registration, NSOF, E/SPO53, 1315 East endorses that function. (1) Certifications. Beginning January (4) A certification application for an West Hwy., Silver Spring, MD 20910– 17, 2018, before submitting an 9684. MSLD must contain a copy of the U.S. application for FCC certification of a Coast Guard letter stating that the device § 95.2907–95.2929 [Reserved] 406 MHz PLB transmitter type, the satisfies all RTCM Recommended applicant must obtain: Standards, a copy of the technical test § 95.2931 Permissible use of PLBs and (i) Certification from a test facility data, and the instruction manual(s). MSLDs. recognized by one of the COSPAS/ (a) PLBs may be used only for SARSAT Partners that the PLB § 95.2989 PLB and MSLD technical transmission of distress and safety of transmitter type satisfies the standards standards. life communications. in RTCM 11010; and, (a) PLB transmitter types must be (b) MSLDs may be used only to aid in (ii) Certification from an independent designed to comply with technical the location of persons in the water. test facility that the PLB transmitter type standard RTCM 1010.2. MSLD complies with the electrical and transmitter types must be designed to § 95.2933 Prohibited use of PLBs and environmental standards associated comply with technical standard RTCM MSLDs. with RTCM 11010. 11901.1. (a) PLBs must not be used for any (2) Identification code. An (b) The standards required in this purpose other than transmission of identification code, recognized by the section are incorporated by reference distress and safety of life National Oceanic and Atmospheric into this section with the approval of communications. Administration (NOAA), the United the Director of the Federal Register States Program Manager for the 406 under 5 U.S.C. 552(a) and 1 CFR part 51. (b) Use of MSLDs on land is not MHz COSPAS/SARSAT satellite system, All approved material is available for authorized. must be programmed into each PLB to inspection at FCC headquarters at 445 § 95.2935–95.2959 [Reserved] establish a unique identification for that 12th Street SW., Washington, DC 20554, PLB. and is available from the sources § 95.2961 PLB and MSLD transmitter (b) To be certified for use under this indicated in this paragraph (b). It is also certification. subpart, MSLD transmitter types must available for inspection at the National (a) Each PLB and MSLD transmitter be designed to satisfy the following Archives and Records Administration must be certified in accordance with additional requirements. (NARA). For information on the this subpart and part 2 of this chapter. (1) A test report from a test laboratory availability of this material at NARA (b) A grant of equipment certification which shows that the MSLD complies call 202–741–6030 or go to http:// will not be issued for any PLB or MSLD with the electrical and environmental www.archives.gov/federal_register/ transmitter type that fails to comply standards associated with RTCM 11901. code_of_federal_regulations/ibr_ with all of the applicable rules in this The test laboratory must be accredited locations.html. subpart. to ISO–IEC 17025 with a scope covering (1) The following standards are the applicable requirements and test available from the Radio Technical § 95.2963 PLB and MSLD frequency procedures. Commission for Maritime Services, 1611 bands. (2) After the MSLD has been certified N. Kent St., Suite 605, Arlington, (a) The frequency band 406.0–406.1 by a test laboratory, the following Virginia 22209–2128. MHz is an emergency and distress information must be submitted in (i) RTCM 11010.2, ‘‘406 MHz Satellite frequency band available for use by duplicate to the U.S. Coast Guard, 2703 Personal Locator Beacons (PLBs),’’ Personal Locator Beacons (PLBs). Use of Martin Luther King Jr. Ave. SE., Stop including Amendments 1 and 2, dated these frequencies must be limited to 7126, Washington, DC 20593–7126: June 8, 2012 (RTCM 11010). transmission of distress and safety of (i) The name of the manufacturer or (ii) RTCM 11901.1, ‘‘Maritime life communications. grantee and model number of the MSLD; Survivor Locating Devices (MSLD),’’ (ii) Copies of the test report and test (b) MSLDs must: dated June 4, 2012. data showing that the MSLD complies (2) [Reserved]. (1) Transmit on at least one of the with the electrical and environmental following frequencies: 121.5 MHz, standards associated with RTCM 11901; § 95.2991 PLB and MSLD marketing 156.525 MHz, 156.750 MHz, 156.800 and limitations. MHz, 156.850 MHz, 161.975 MHz, or (iii) Instruction manuals associated (a) No device may be marketed or sold 162.025 MHz; or with the MSLD, description of the test in the United States as a ‘‘PLB’’ or (2) Include a function intended to characteristics of the MSLD including ‘‘Personal Locator Beacon’’ unless it is send a distress message directly to the assembly drawings, electrical compliant with all of the rules in this U.S. Coast Guard or any other search schematics, description of parts list, subpart. Previously approved PLBs that and rescue organization. specifications of materials and the do not meet the requirements of RTCM

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11010 shall not be manufactured, § 95.2995–95.3099 [Reserved] concerning non-priority OBU imported, or sold in the United States communications associated with beginning January 17, 2020. Subpart L—DSRCS On-Board Units Roadside Units (RSUs) are governed by (b) No device may be marketed or sold § 95.3101 Scope. the provisions of § 90.377(e) and (f) of in the United States as a ‘‘MSLD’’ or This subpart contains rules that apply this chapter. Disputes concerning non- ‘‘Maritime Survivor Locating Device’’ only to On-Board Units (OBUs) priority OBU communications not unless it complies with the transmitting in the 5850–5925 MHz associated with RSUs are governed by requirements of RTCM 11901. frequency band in the Dedicated Short- §§ 95.325, 95.327, and 95.359. Previously approved devices intended Range Communications Services § 95.3161 OBU transmitter certification. to aid in the location of persons in the (DSRCS) (see § 90.371 of this chapter). (a) Each Dedicated Short Range water that do not meet the requirements § 95.3103 Definitions, OBUs. Communications On-Board Unit of this subpart shall not be IDSRCS–OBU) that operates or is manufactured, imported, or sold in the Dedicated Short-range Communications Services (DSRCS). A intended to operate in the DSRCS must United States beginning January 17, be certified in accordance with this 2018. service providing for data transfer between various mobile and roadside subpart and subpart J of part 2 of this § 95.2993 PLB identification plate or label transmitting units for the purposes of chapter. (b) A grant of equipment certification and registration card. improving traffic flow, highway safety for this subpart will not be issued for and performing other intelligent To enhance protection of life and any OBU transmitter type that fails to transportation functions. See § 90.7 of property, it is mandatory that each 406 comply with all of the applicable rules this chapter for a more detailed MHz PLB be registered with NOAA and in this subpart. that information be kept up-to-date. definition. On-Board Unit (OBU). OBUs are low- (a) Identification plate or label. In § 95.3163 OBU channels. power devices on vehicles that transfer The following table lists the channels addition to the identification plate or data to roadside units in the Dedicated label requirements contained in §§ 2.925 allotted for use by On-Board Units Short-Range Communications Service (OBUs): and 2.926 of this chapter, each 406 MHz (see §§ 90.371–90.383 of this chapter), to PLB must be provided on the outside improve traffic flow and safety, and for with a clearly discernable permanent Channel Channel Frequency other intelligent transportation system No. use range plate or label. purposes. See § 90.7 of this chapter. (MHz) (1) The plate or label must contain the Roadside Unit (RSU). See § 90.7 of following statement: this chapter. 170 ...... Reserved ...... 5850–5855 172 ...... Service ...... 5855–5865 The owner of this 406 MHz PLB must § 95.3105–95.3129 [Reserved] 174 ...... Service ...... 5865–5875 register the identification code on this label 175 ...... Service ...... 5865–5885 with the National Oceanic and Atmospheric § 95.3131 Permissible uses, OBUs. 176 ...... Service ...... 5875–5885 Administration (NOAA) whose address is: On-Board Units (OBUs) may transmit 178 ...... Control ...... 5885–5895 NOAA/SARSAT Beacon Registration, NSOF, signals to other OBUs and to Roadside 180 ...... Service ...... 5895–5905 E/SPO53, 1315 East West Hwy., Silver Units (RSUs), which are authorized 181 ...... Service ...... 5895–5915 Spring, MD 20910–9684. 182 ...... Service ...... 5905–5915 under part 90 of this chapter. 184 ...... Service ...... 5915–5925 (2) For PLBs with identification codes § 95.3133–95.3157 [Reserved] that can be changed after manufacture, (a) Channels 174 and 176 may be the identification code shown on the § 95.3159 OBU channel sharing and combined to create a 20 MHz bandwidth plate or label must be easily replaceable priority of use. channel designated as Channel 175. using commonly available tools. In general, the provisions of (b) Channels 180 and 182 may be (b) Registration card. With each §§ 95.359, 95.325, and 95.327 apply to combined to create a 20 MHz bandwidth marketable PLB unit, the manufacturer OBU operation, subject to the rules in channel designated as Channel 181. or equipment certification grantee must this section governing access priority. (c) Channels 172 and 184 are include a postage pre-paid registration (a) Priority communications. OBU designated for public safety applications card. communications described in this involving safety of life and property. paragraph are priority communications. (1) The identification code of the PLB (1) OBU communications involving § 95.3165 [Reserved] (see § 95.2987(c)) must be printed on the the safety of life have access priority § 95.3167 OBU transmit power limit. registration card. over all other OBU communications. The maximum output power for (2) Subject to a Control Channel (2) The registration card must be portable On-Board Unit transmitter priority system management strategy addressed to: NOAA SARSAT Beacon types is 1.0 mW. For purposes of this (see ASTM E2213–03 DSRC Standard at Registration, NSOF, E/SPO53, 1315 East paragraph, a portable is a transmitting § 4.1.1.2(4)), OBU communications West Hwy., Silver Spring, MD 20910– device designed to be used so that the involving public safety have access 9684. radiating structure(s) of the device is/are priority over all other OBU (3) The registration card must request within 20 centimeters of the body of the communications except those involving the owner’s name, address, telephone user. safety of life. OBUs operated by state or number and alternate emergency local governmental entities are contact. § 95.3169–95.3187 [Reserved] presumed to be engaged in public safety (4) The registration card must include (priority) communications. § 95.3189 OBU technical standard. the following statement: (b) Non-priority communications. All On-Board Unit transmitter types WARNING—failure to register this PLB OBU communications other than those operating in the 5850–5925 MHz band with NOAA could result in a monetary described in paragraph (a) are non- must be designed to comply with the forfeiture order being issued to the owner. priority communications. Disputes technical standard ASTM E2213–03,

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Standard Specification for Commission must publish a document go to http://www.archives.gov/federal_ Telecommunications and Information in the Federal Register and the material register/code_of_federal_regulations/ Exchange Between Roadside and must be available to the public. The ibr_locations.html. Vehicle Systems—5 GHz Band material is available for inspection at Dedicated Short-range Communications the Federal Communications Appendix A to Part 95—Cross (DSRC) Medium Access Control (MAC) Commission, 445 12th Street SW., Reference to Previous Rules and Physical Layer (PHY) Specifications Washington, DC 20554 and may be This table in this appendix to part 95 published 2003 (ASTM E2213–03). obtained from ASTM International, 100 shows the current subpart or section ASTM E2213–03 is incorporated by Barr Harbor Drive, P.O. Box C700, West number(s) (or ‘‘removed’’ if the section was reference into this section with the Conshohocken, PA 19428–2959.: http:// eliminated) of the CFR unit containing the approval of the Director of the Federal www.astm.org. It is also available for corresponding subject material, for each of Register under 5 U.S.C. 552(a) and 1 inspection at the National Archives and the part 95 subparts, rules and appendices CFR part 51. To enforce any edition Records Administration (NARA). For that, in general, were in effect prior to other than that specified in this section, information on the availability of this September 28, 2017. the Federal Communications material at NARA, call 202–741–6030 or

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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 95.307. FCC. 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 sta- 95.309 tion?. 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 caus- 95.311, 95.319. ing interference?. 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 sta- 95.309. tion?. 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 95.357, 95.931, 95.957. traveler?. 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 caus- 95.311, 95.319. ing interference?. 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, 95.2525, 95.2559, 95.2563(e), 95.2565, 95.2567, and 451–457 MHz bands. 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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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 95.2309(f). 608–614 MHz band. 95.1121 Specific requirements for wireless medical telemetry devices operating in the 95.2309(g). 1395–1400 and 1427–1432 MHz bands. 95.1123 Protection of medical equipment ...... 95.2395. 95.1125 RF safety ...... 95.2385. 95.1127 Station identification ...... 95.351. 95.1129 Station inspection ...... 95.323. Subpart I—Medical Device 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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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 Part 95, Subpart L. (DSRCS–OBUs). 95.1501 Scope ...... 95.3101. 95.1503 Eligibility ...... 95.305. 95.1505 Authorized locations ...... 95.307. 95.1507 Station identification ...... 95.351. 95.1509 ASTM E2213–03 DSRC Standard ...... 95.3189. 95.1511 Frequencies available ...... 95.325, 95.359, 95.3159, 95.3163, 95.3167.

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

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