• To anyone looking to acquire commercial radio programming software:

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Digged up some info on SMR and eligibility and now I'm confused

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celestis

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I was lurking around the Internet and found a 1991 document from the FCC and in it, it mentions that in 1988 they issued a Report and Order (Docket Number 86-404) that allowed individuals to be SMR end users. Unfortunately that document is so old you can't find it on ECFS now...

The document from 1991 mentions the following:
Specialized Mobile Radio Service. A radio service in which licensees provide land mobile communications services in the 800 MHz and 900 MHz bands on a commercial basis to entities eligible to be licensed under this part, federal government entities, and individuals.

That's an excerpt of 47 CFR § 90.7 and, as of now in 2017, it hasn't exactly changed much:
Specialized Mobile Radio system. A radio system in which licensees provide land mobile communications services (other than radiolocation services) in the 800 MHz and 900 MHz bands on a commercial basis to entities eligible to be licensed under this part, Federal Government entities, and individuals.

Does this mean any guy with the resources could apply for a proper 800 MHz SMR license and just sell service to any Joe Schmoe? I was under the impression everything Part 90 was non-personal use only
 

freddaniel

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Individuals can be eligible IF they are engaged in one of the following, as spelled out in the rules:

§ 90.35 Industrial/Business Pool.
(a)Eligibility. Persons primarily engaged in any of the following activities are eligible to hold authorizations in the Industrial/Business Pool to provide commercial mobile radio service as defined in part 20 of this chapter or to operate stations for transmission of communications necessary to such activities of the licensee:
(1) The operation of a commercial activity;
(2) The operation of educational, philanthropic, or ecclesiastical institutions;
(3) Clergy activities; or
(4) The operation of hospitals, clinics, or medical associations.
....

In other words, NOT TO THE GENERAL PUBLIC
 

celestis

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Individuals can be eligible IF they are engaged in one of the following, as spelled out in the rules:

§ 90.35 Industrial/Business Pool.
(a)Eligibility. Persons primarily engaged in any of the following activities are eligible to hold authorizations in the Industrial/Business Pool to provide commercial mobile radio service as defined in part 20 of this chapter or to operate stations for transmission of communications necessary to such activities of the licensee:
(1) The operation of a commercial activity;
(2) The operation of educational, philanthropic, or ecclesiastical institutions;
(3) Clergy activities; or
(4) The operation of hospitals, clinics, or medical associations.
....

In other words, NOT TO THE GENERAL PUBLIC

Sure, but take a look at 47 CFR 90.603(c).

§ 90.603 Eligibility.
The following persons are eligible for licensing in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands.

(a) Any person eligible for licensing under subparts B, C, D, or E of this part.

(b) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part on a not-for-profit, cost-shared basis.

(c) Any person eligible under this part and proposing to provide on a commercial basis base station an ancillary facilities as a Specialized Mobile Radio Service System operator, for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part.

Part 90, Subparts B and C encompass the Public Safety and Business/Industrial rules, 90.35 included
 

freddaniel

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I think you answered your own question. Nowhere does it say anything about serving the general public. To be eligible under those parts, even INDIVIDUALS must be involved in one or more of the activities specified.
 

celestis

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I think you answered your own question. Nowhere does it say anything about serving the general public. To be eligible under those parts, even INDIVIDUALS must be involved in one or more of the activities specified.
I don't think the FCC would make a clear distinction between a Part 90 eligible and a plain individual if that were the case.

Keep in mind 800 and 900 MHz are the only bands where individuals are explicitly allowed
 

freddaniel

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Why ask if you have already made up your mind what the FCC intended to say in the rules.

I have made a good living in this business for over 52 years, and when I am in doubt, I either (a) contact the FCC and ask to speak to an Engineer to clarify a point in the rules. The FCC general information number is 1-888-CALL FCC (225-5322), or (b) I ask my FCC attorney to make a formal request in writing to clarify the point. You might get a referral from the Federal Communication Bar Assn. See {www.fcba.org}

The cost to construct a SMR system is significant and the cost to ask is so small in comparison.
 
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