This section contains a concise general statement of the basis and purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).

(a) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq.

(b) Purpose. The purpose of these rules is to establish the requirements and conditions under which stations and devices incorporating radio transmitters may be designed, manufactured, certified, marketed, operated and used in the Personal Radio Services.

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

The following terms and definitions apply only to the rules in this part.

Antenna. A device that converts radio frequency electrical energy from a transmitter to radiated electromagnetic energy.

Authorized bandwidth. The maximum permissible occupied bandwidth of an emission.

Automatic control. Operational control of a Personal Radio Services station by automated means, such that the operator does not have to be located at a control point and monitoring communications in order to share channels and avoid interference and rule violations.

Base station. A station at a fixed location that communicates directly with mobile stations and other base stations.

Carrier power output. The average power supplied at the radio frequency output of a transmitter during one radio frequency cycle, measured under the condition of no modulation.

Certified transmitter. A transmitter of a type for which a grant of equipment certification, pursuant to part 2, subpart J of this chapter, has been issued for the Personal Radio Service(s) in which it is intended to be operated.

Citizens band radio service. Pursuant to 47 U.S.C. 307(e)(3), the term “citizens band radio service” means any radio service or other specific classification of radio stations used primarily for wireless telecommunications for which the FCC has determined that it serves the public interest, convenience and necessity to authorize by rule the operation of radio stations in that service or class, without individual licenses, pursuant to 47 U.S.C. 307(e)(1).

Citizens Broadband Radio Service. The rules for this service, including technical rules, are contained in part 96 of this chapter. Only Citizens Broadband Radio Service Devices authorized on a General Authorized Access basis, as those terms are defined in section 96.3, are considered part of the Citizens Band Radio Services.

Communications Act. The Communications Act of 1934, as amended; 47 U.S.C. 151 et. seq.

Control point. Any location where the operator of a Personal Radio Services station may reliably operate that station.

Control station. A station at a fixed location that communicates with mobile stations and other control stations through repeater stations, and may also be used to control the operation of repeater stations.

dB. Decibels.

EIRP. Equivalent Isotropically Radiated Power. Antenna input power times gain for free-space, or in-tissue measurement configurations required by MedRadio, expressed in Watts, where the gain is referenced to an isotropic radiator.

Emergency messages. Communications concerning the immediate safety of life or protection of property.

Emission. Radiated electromagnetic energy from a station.

External radio frequency power amplifier. Any device which, when used with a transmitter as a signal source, is capable of amplification of that signal, and is not an integral part of a radio transmitter as manufactured. See § 2.815 of this chapter.

FCC. The Federal Communications Commission.

Feedline. A cable or transmission line that conveys radio frequency electrical energy from a transmitter to an antenna.

Fixed station. A station at a fixed location that directly communicates with other fixed stations only.

Frequency accuracy. A technical requirement comprising the frequency tolerance, frequency stability, or both.

Frequency tolerance. A design requirement specifying the maximum amount that carrier frequencies of newly manufactured transmitters may normally differ from the frequency or frequencies set forth in the FCC rules.

Frequency stability. A design requirement specifying the maximum amount that carrier frequencies of transmitters may normally change from their nominal value as a result of changes in ambient temperature, power supply voltages, or other external factors.

Hand-held portable unit. A physically small mobile station that can be operated while being held in the operator's hand.

Harmful interference. Any transmission, radiation, or induction that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with applicable laws, treaties, and regulations.

Individual. A human being, e.g., one man or one woman.

Individual license. An authorization to operate a Personal Radio Service station, granted by the FCC to a specific person.

Interference. The effect of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radiocommunication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy.

Licensee. A person that has been granted an individual license by the FCC.

Mean power output. The average power supplied at the radio frequency output of a transmitter during a time interval of at least 0.1 seconds, taken under normal operating conditions.

Mobile station. A station, intended to be used while in motion or during halts at unspecified locations, that communicates directly with base stations and other mobile stations, and with control stations and other mobile stations through repeater stations.

Modulation. A process of altering the amplitude, frequency and/or phase of a radio frequency carrier wave generated within a Personal Radio Service transmitter, for the purpose of impressing onto the carrier wave information to be transmitted.

Necessary bandwidth. For a given class of emission, the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions.

Occupied bandwidth. For an emission, the width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to 0.5% of the total mean power of the emission.

One-way communications. Communications where information always flows in one pre-arranged direction through a communications channel.

Operate. Control the functioning of a Personal Radio Service station; in particular, cause a Personal Radio Service station to begin, continue or cease transmitting.

Operator. An individual who operates a Personal Radio Service station.

Out-of-band emissions. Unwanted emissions that result from the modulation process and whose frequencies are immediately outside of the necessary bandwidth.

Person. An individual, a corporation, a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or other legal entity.

Personal Radio Services station. Any transmitter, with or without an incorporated antenna or receiver, which is certified by the FCC to be operated in one or more of the Personal Radio Services.

Personal Radio Services. The Personal Radio Services are the citizens band radio services, radio control radio services, the 218-219 MHz Service and individually licensed services comprising all of the radio services and other classifications of radio stations governed by the rules in this part (47 CFR part 95).

Plain language voice communications. Voice communications without codes or coded messages intended to provide a hidden meaning. Foreign languages and commonly known radio operating words and phrases, such as “ten four” and “roger,” not intended to provide a hidden meaning, are not considered codes or coded messages.

Radio control radio service. Pursuant to 47 U.S.C. 307(e)(3), the term “radio control radio service” means any radio service or other specific classification of radio stations used primarily for wireless telecommand and/or wireless telemetry purposes, for which the FCC has determined that it serves the public interest, convenience and necessity to authorize by rule the operation of radio stations in that service or class, without individual licenses, pursuant to 47 U.S.C. 307(e)(1).

Remote control. Operation of a Personal Radio Services station from a location that is not in the immediate vicinity of the transmitter. Operation of a Personal Radio Services station from any location on the premises, vehicle or craft where the transmitter is located is not considered to be remote control.

Repeater station. A station in a fixed location used to extend the communications range of mobile stations, hand-held portable units and control stations by receiving their signals on one channel (the input channel) and simultaneously retransmitting these signals on another channel (the output channel), typically with higher transmitting power from a favorable antenna location (typically high above the surrounding terrain).

Spurious emissions. Unwanted emissions, the level of which may be reduced without affecting the corresponding transmission of information, including harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but excluding out-of-band emissions.

Network connection. Connection of a Personal Radio Services station to the public switched network, so that operators of other stations in that service are able to make (and optionally to receive) telephone calls through the connected station.

Transmit. Radiate electromagnetic energy.

Transmitter. A device which supplies radio frequency electrical energy to an antenna, either directly or through a feedline.

Transmitter type. A sample transmitter submitted for testing to evaluate compliance with the technical and design rules in this part, for the purpose of FCC certification pursuant to part 2, subpart J of this chapter. The sample transmitter is identical to (as defined in § 2.908 of this chapter) and representative of all other transmitters of the same type.

Two-way communications. Communications where information flows in both directions through a communications channel, either simultaneously (duplex operation) or alternately (simplex operation).

Unwanted emissions. Emissions whose frequencies are outside of the necessary bandwidth; comprising out-of-band emissions and spurious emissions.

User. Any person who uses or benefits from the operation of a Personal Radio Service station.

Voice obscuring feature. A feature incorporated into a Personal Radio Service telephony transmitter that alters the sound of the user's voice in such a way that the communications are intended to be understandable only to individuals using a similar unit that reverses the process on the receiving end, so that the voice again becomes intelligible.

Pursuant to 47 U.S.C. 307(e)(1), this rule section authorizes eligible persons to operate part 95 Personal Radio Service stations and part 96 Citizens Broadband Radio Service stations without individual licenses, except as provided in paragraph (a). Such operation must comply with all applicable rules in this part.

(a) Individual licenses. A valid individual license may be required under this part to operate or use stations in a particular service, certain types of stations, stations transmitting on certain channels or frequency bands, or stations transmitting with power above a certain level. Any such requirements applicable to stations in any of the Personal Radio Services are set forth in the subpart governing that specific service. See e.g., § 95.1705. Otherwise, the FCC does not require or accept applications for an individual license to operate any type of Personal Radio Service station.

(b) Operator eligibility. Some of the Personal Radio Services have specific operator eligibility requirements, which are set forth in the subparts governing those services. Otherwise, any person is eligible to operate a Personal Radio Service station, except as stated in paragraphs (c) and (d) of this section.

(c) Foreign government operator. No entity that is a foreign government or which is acting in its capacity as a representative of a foreign government is authorized by this section to operate Personal Radio Service stations.

(d) Cease and desist order. No person subject to a cease and desist order issued pursuant to § 95.313(d) is authorized by this section to operate Personal Radio Service stations.

(e) Federal station. No person is authorized by this section to operate a United States Government radio station.

(f) Foreign station. No person is authorized by this section to operate a foreign government radio station.

Personal Radio Service stations generally may be operated in any location included within the descriptions in the following paragraphs in this section. In certain specific locations, however, co-ordination procedures or operating restrictions may apply, as set forth in § 95.309. Operation of Personal Radio Service stations in any location outside of those described in the following paragraphs is not authorized by this part.

(a) Within the United States and its territories. Those areas include the fifty United States and the District of Columbia, the Commonwealth of Puerto Rico, Navassa Island, the United States Virgin Islands (50 islets and cays), American Samoa (seven islands), Baker Island, the Commonwealth of Northern Marianna Islands, Guam Island and Howland Island, Jarvis Island, Johnston Island (Islets East, Johnston, North and Sand), Kingman Reef, Midway Island (Islets Eastern and Sand), Palmyra Island (more than 50 islets), and Wake Island (Islets Peale, Wake and Wilkes).

(b) Aboard any vessel or aircraft registered in the United States. With the permission of the captain, while the vessel or aircraft is within or over the United States or its territories, U.S. territorial waters, or upon or over international waters.

(c) Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company. While that vessel or aircraft is within or over the United States or its territories, U.S. territorial waters or upon or over international waters.

(d) Other locations. Any other area of the world, except within the territorial limits of areas where radio services are regulated by:

(1) An agency of the United States other than the FCC. (You are subject to its rules.)

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

The operator of a Personal Radio Service station may be required to coordinate operation in advance and/or may be subject to operating restrictions if the station is to be operated in certain locations, described in the following paragraphs in this section.

(a) In a Quiet Zone or near a protected FCC field office. Rules for these locations are set forth in § 1.924 of this chapter.

(b) Near a U.S. border or in an area that is or may be subject to an international treaty or agreement. Treaties and agreements may be viewed or downloaded from the FCC Web site: http://www.fcc.gov/ib/sand/agree/.

(c) At an environmentally sensitive site, or in a manner that may raise environmental concerns. Rules for these locations are set forth in part 1, subpart I of this chapter (Procedures Implementing the National Environmental Policy Act of 1969).

(d) In an area administered by the United States Government. For example, the Department of Defense may impose restrictions on a station transmitting on land under its jurisdiction. Before operating a station at such a point, the operator should consult with the commanding officer in charge of the land.

(e) Near the Arecibo Observatory. Anyone planning to operate a Personal Radio Services station on the islands of Puerto Rico, Desecheo, Mona, Vieques, or Culebra in a manner that could pose an interference threat to the Arecibo Observatory must notify the observatory at least 45 days in advance of the planned operation, by mail or email, to the following address: Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612; email: [email protected].

(1) To determine whether a planned operation could pose an interference threat to the Arecibo Observatory, operators may consult interference guidelines provided by Cornell University.

(2) The notification must include the geographical coordinates of the station, if it is a fixed or base station.

(3) After receipt of such notifications, the FCC will allow the Arecibo Observatory 20 days to comment on or object to the proposed operation. The operator must make reasonable efforts to resolve or mitigate any potential interference concern with the Arecibo Observatory. If the FCC determines that an operator has made reasonable efforts to protect the Observatory from interference, the operator may be allowed to operate the station.

Operators of Personal Radio Service stations must respond to and comply with official communications from the FCC.

(a) The FCC may send a letter to the operator of a Personal Radio Service station requesting specific information about the Personal Radio Service station or its operation. Upon receipt of such a letter, the operator must respond in writing to the FCC office that sent the letter, within the time period stated in the letter. The written response must contain the information requested by the FCC, must be complete in itself, and should not rely on references to other communications or notices.

(b) If it appears to the FCC that the operator of a Personal Radio Services station has violated the Communications Act or the FCC's rules, the FCC may send that operator an official notice concerning the apparent violation. Upon receipt of such official notice, the operator must respond in writing to the FCC office that sent the letter, within the time period stated in the letter and comply with all instructions in the notice concerning the response. The written response must contain a complete written statement that fully addresses each violation, reports any action that the operator has taken to correct the violation and to prevent it from happening again, and any other pertinent information, such as other operators or stations that may have caused the violation.

(c) If the FCC notifies the operator of a Personal Radio Service station that the station is causing interference for technical reasons, the operator must follow all instructions in the official notice. The operator must comply with restricted hours of station operation if so specified in the official notice. The notice may require the operator to stop operating the station until technical adjustments or repairs have been made to the station equipment, such that the technical problem is corrected.

Operators of Personal Radio Service stations may be assessed penalties for violations of the Communications Act and the FCC Rules.

(a) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any provision of the Communications Act, that operator may be fined up to $10,000 or be imprisoned for a period not exceeding one year, or both. Upon a subsequent violation, the imprisonment may be for a period not exceeding two years. See § 501 of the Communications Act (47 U.S.C. 501).

(b) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any FCC rule, the operator may be fined up to $500 for each violation, or in the case of a continuing violation, $500 for each day that the violation continued. See section 502 of the Communications Act (47 U.S.C. 502).

(c) If the FCC finds that a Personal Radio Service station operator has willfully or repeatedly violated one or more sections of the Communications Act or of the FCC Rules, that operator may be liable for forfeiture. See § 1.80 of this chapter for details about the forfeiture procedures and amounts.

(d) If the FCC finds that a Personal Radio Service station operator is using a Personal Radio Service station in a way that violates one or more sections of the Communications Act or of the FCC Rules, the FCC may order the operator to cease and desist (i.e., immediately stop operating the station). See § 312(b) of the Communications Act (47 U.S.C. 312(b)).

(a) Each antenna structure used for a Personal Radio Service station is subject to the antenna structure rules set forth in part 17 of this chapter. In particular, the owner of an antenna structure that is more than 60.96 m (200 ft) in height above ground level (see § 17.7 of this chapter for specific criteria) may be required to notify the FAA and register the antenna structure with the FCC.

(b) Further, stations located on or near a military or public-use airport with an antenna structure that is more than 6.10 meters (20 feet) high may have to obey additional restrictions. The highest point of the antenna must not exceed one meter above the airport elevation for every hundred meters of distance from the nearest point of the nearest airport runway. Differences in ground elevation between the antenna and the airport runway may complicate this formula. For stations near an airport, see http://appsint.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to figure the maximum allowable height of the antenna. Consult part 17 of the FCC's Rules for more information (47 CFR part 17).

If the operator of a Personal Radio Services station becomes aware that the transmitting equipment is no longer functioning properly, he or she must stop making transmissions (except for emergency communications) using the malfunctioning transmitting equipment until it has been adjusted and/or repaired, as necessary, to restore proper operation.

(a) FCC request to discontinue operation. If an FCC representative informs a Personal Radio Services station operator that the technical characteristics of his or her transmitted signals are not in compliance with the applicable rules (e.g., regarding power, unwanted emissions, frequency accuracy), he or she must immediately stop making transmissions with the transmitter producing the non-compliant signals.

(b) Internal repairs. Internal adjustments and repairs to Personal Radio Services transmitters must be performed by or under the supervision of an individual who is qualified to maintain and repair transmitters.

(c) Test transmissions. The operator of any Personal Radio Services station may make brief test transmissions to verify the functional status of the transmitting equipment at any time, provided that such transmissions do not cause interference to the communications of other stations. A qualified individual maintaining or repairing a Personal Radio station transmitter in accordance with paragraph (b) of this section may make test transmissions as necessary to maintain or repair the transmitter, provided that such transmissions do not cause interference to communications of other stations.

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

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

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

For information about the Personal Radio Services, see the FCC's internet Web site (www.fcc.gov). To speak with an FCC representative about the Personal Radio Services, call the FCC's information line 888-CALL-FCC (888-225-5322). To write the FCC about these services, address the Federal Communications Commission, Attention: Mobility Division, Wireless Telecommunications Bureau, at the address of the FCC's main office indicated in 47 CFR 0.401(a).

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

No person shall use a Personal Radio Service station:

(a) In connection with any activity which is against Federal, State or local law;

(b) To transmit advertisements or program material associated with television or radio broadcasting;

(c) To transmit messages for hire or provide a common carrier service;

(d) To intentionally interfere with the communications of another station;

(e) To transmit obscene, profane or indecent words, language or meaning; or

(f) To transmit a false or deceptive communication.

Except as provided in paragraph (a) of this section, no person shall operate a transmitter in any Personal Radio Service unless it is a certified transmitter; that is, a transmitter of a type which has obtained a grant of equipment certification for that service, pursuant to part 2, subpart J of this chapter. Use of a transmitter that is not FCC-certified voids the user's authority to operate that station. See sections 302(a), (b), and (e) of the Communications Act (47 U.S.C. 302(a), (b), and (e)).

(a) Exceptions. Under certain exceptions, non-certified Personal Radio Service transmitters, or transmitters certified for use in the land mobile radio services may be operated. Any such exceptions applicable to stations in a Personal Radio Service are set forth in the subpart governing that specific service. See e.g., §§ 95.735 and 95.1735.

(b) Revoked or withdrawn certification. In the event that the FCC revokes or withdraws a grant of equipment certification for a type of Personal Radio Service transmitter, existing transmitters already in service may continue to be operated unless and until the FCC determines otherwise and gives Public Notice of that decision.

(c) Grantee permissible modifications. Only the grantee of the equipment certification may modify the design of a certified Personal Radio Service transmitter type, and then only pursuant to and in full compliance with the requirements and procedures for permissible changes and modifications in part 2 of this chapter. See §§ 2.932 and 2.1043 of this chapter.

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

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

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

(a) Unless the station is operating under automatic control, the operator of a Personal Radio Services station must be located at a control point and monitoring communications while the station is transmitting.

(b) For Personal Radio Services stations operating under the authority of an individual license, the licensee is responsible for proper operation of the station in compliance with all applicable rules in this part, regardless of who is operating the station.

(c) For Personal Radio Services stations operating under the authority of an individual license, the licensee must maintain station records. If no individual license is required for a particular Personal Radio Service, the station operator must maintain the station records. Station records include copies of any FCC violation notices or other FCC letters received by the licensee or operator, any responses to such letters, each written permission received from the FCC, and other documents as the FCC may require be included.

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

Operation of Personal Radio Services stations under automatic control is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service. See, e.g., §§ 95.1747, 95.2347, 95.2547, 95.3347.

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

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

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

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

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

(a) Unless otherwise provided in the subpart governing that service or in other parts of this chapter, each transmitter that operates or is intended to operate in a service of the Personal Radio Service must be certified in accordance with the governing subpart and part 2 of this Chapter.

(b) A copy of the instruction manual specified in § 95.393 must be forwarded to the FCC with each request for certification of the relevant transmitter. If a final copy of that manual is not available when the certification application is submitted, the applicant may include with its application a draft or preliminary copy provided it forwards a final copy to the FCC when such a copy becomes available.

(c) Equipment certification will not be issued for transmitter types where any control, switch or other type of adjustment—which, when manipulated, can result in a violation of the rules—is accessible to the user.

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

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

In general, Personal Radio Services stations may transmit any emission type that is appropriate for the permissible uses of the specific service, provided that it does not exceed the authorized bandwidth for that service and is in full compliance with the modulation limits (if any) and unwanted emission limits for the specific service.

(a) Exceptions. In some of the Personal Radio Services, stations may transmit only certain specific emission types. Any such limits are set forth in the emission types rule in the subpart governing that service. See e.g., §§ 95.971 and 95.2971.

(b) Emission type designators. Emission type designators are defined in § 2.201 of this chapter. Designators for emissions commonly used in the Personal Radio Services are as follows:

Personal Radio Service stations that transmit voice emissions may also transmit audible or subaudible tones or other signals for the purpose of selective calling and/or receiver squelch activation. These tones and signals are ancillary to voice communications and are considered to be included within the voice emission types, e.g., A3E, F3E, and G3E.

(a) Tones that are audible (having a frequency higher than 300 Hertz), must last no longer than 15 seconds at one time.

(b) Tones that are subaudible (having a frequency of 300 Hertz or less), may be transmitted continuously during a communication session.

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

(a) Personal Radio Services devices are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b), 2.1091 and 2.1093 of this chapter, as appropriate.

(b) FCC certification (see § 95.335) of transmitter types that are “portable devices,” as defined in § 2.1093(b) of this chapter, and are designed to operate in certain Personal Radio Services, is subject to rules requiring radiofrequency radiation exposure routine evaluation pursuant to §§ 1.1307(b) and 2.1093 of this chapter. See §§ 95.2385 and 95.2585.

No person shall manufacture, import, sell, or offer for sale non-certified equipment for the Personal Radio Services except as provided for in §§ 2.803(c)(2)(i) and 2.1204(a)(11) of this chapter. See § 302(b) of the Communications Act (47 U.S.C. 302a(b)). See also part 2, subpart I (§ 2.801 et seq.) of this chapter for rules governing marketing of radiofrequency devices; part 2, subpart K (§ 2.1201 et seq.) of this chapter for rules governing import conditions.

(a) A user's instruction manual must be supplied with each transmitter that can be used in a Personal Radio Service.

(b) The manual described in paragraph (a) of this section must contain all information necessary for the proper installation and operation of the transmitter including:

(1) Instructions concerning all controls, adjustments and switches that may be operated or adjusted without resulting in a violation of FCC rules;

(2) Warnings concerning any adjustment that could result in a violation of FCC rules or that is recommended to be performed only by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the relevant radio service by an organization or committee representative of users of that service;

(3) Warnings concerning the replacement of any transmitter component (crystal, semiconductor, etc.) that could result in a violation of FCC rules; and

(4) For a transmitter that can only be operated with an FCC license, warnings concerning compliance with applicable licensing requirements and information concerning license application procedures.