Location of FCC Documentation

[productionguy85]

Hello all, I have been searching for hours and decided to post here for help...
I am in search of the FCC location that specifies at what TX wattage, you are required to have a license. I am aware that in general, (anything more then 1/2 watt, requires a license ie. FRS compared to GMRS). But where within the FCC "rules" does it specify that? If anybody has a "part #" or link to help me, it would be greatly appreciated. Thanks.

 

[nd5y]

There are different power limits for different radio services and different types of stations located in different FCC rule parts.
Some services require a license even if the equipment puts out less than 1/2 watt.
The main index for Code of Federal Regulations Title 47 which contains the FCC rules is at eCFR — Code of Federal Regulations

 

[productionguy85]

There are different power limits for different radio services and different types of stations located in different FCC rule parts.
Some services require a license even if the equipment puts out less than 1/2 watt.
The main index for Code of Federal Regulations Title 47 which contains the FCC rules is at eCFR — Code of Federal Regulations

Thank you. To be more specific, this is regarding business LMR UHF band, for business use. Primarily portable with 1 or 4 watts.

 

[nd5y]

That would be under Part 90
eCFR — Code of Federal Regulations

 

[productionguy85]

That would be under Part 90
eCFR — Code of Federal Regulations

I have searched that many times over and have found nothing about "at what wattage requires a license". There is a section about freq pairs and what the max power for a given pair is, ect.

That's why I was asking in case anybody knows it off the top of there head. Google has NOT been my friend on this topic LOL

 

[nd5y]

ALL business radios that operate on part 90 frequencies require a license regardless of power output. The correct term is "power" not "wattage".
The only radios you can use for business purposes that don't require a license are FRS and MURS and the rules for those services are in Part 95 (Personal Radio Services).

 

[SteveC0625]

I have searched that many times over and have found nothing about "at what wattage requires a license". There is a section about freq pairs and what the max power for a given pair is, ect.

All Part 90 frequencies require FCC licensing. There are maximum power limitations.

You are trying make to make the FRS/GMRS and MURS rules fit Part 90. Different service, different rules. Apples and oranges.

 

[Thunderknight]

This misconception seems to linger. All part 90 land mobile frequencies require a license, regardless of TX power.
MURS and FRS (which are part 95) are licensed by rule. As are the national interop channels for public safety.
To answer the OP's question, unless you are using MURS (and all of the MURS restrictions), you NEED a license.
I think the legal traceability for this goes back to the Communications Act.

 

[productionguy85]

Thank you all for your input. First, I was not confusing (what is included in) Part 90 and Part 95. Obviously, I am not real familiar with the FCC regulation which is why I was under the impression, that (somewhere) it is clearly stated that anything over 500mw requires a license. Not just specifically Part 90. Next, I am looking for a specific location in regards to court evidence to show (such as my question). I need something more then just "wiki" saying it. LOL I have found a general page on the FCC site that says such that the entire Industrial/ Business band requires a license. However, I was looking for more in depth to that ie. "in accordance, power not to exceed XXmW" blah blah blah. I will look into that Communication Act.

 

[DaveNF2G]

As others have already explained, you will not find what you are looking for. It sounds like you are trying to get out of a forfeiture for operating in a Part 90 service without a license. Power level is irrelevant; if you had no license, then nothing in the law is going to get you out of trouble. Sorry.

 

[krokus]

Wirelessly posted (Opera/9.80 (Android 2.3.4; Linux; Opera Mobi/ADR-1309251116) Presto/2.11.355 Version/12.10)

Part 15 is where you might find something, but that is (mainly) for mass produced consumer gear. It might well be limited to certain frequency ranges, and is limited to (non-modified) approved equipment.

 

[SteveC0625]

Only those few services like FRS and MURS allow unlicensed operation. Any other LMR services require a license. As I said previously they have upper limits on power. There are no lower limits like you want. Any transmit power greater than ZERO requires an FCC license. Period.

 

[DisasterGuy]

Thank you all for your input. First, I was not confusing (what is included in) Part 90 and Part 95. Obviously, I am not real familiar with the FCC regulation which is why I was under the impression, that (somewhere) it is clearly stated that anything over 500mw requires a license. Not just specifically Part 90. Next, I am looking for a specific location in regards to court evidence to show (such as my question). I need something more then just "wiki" saying it. LOL I have found a general page on the FCC site that says such that the entire Industrial/ Business band requires a license. However, I was looking for more in depth to that ie. "in accordance, power not to exceed XXmW" blah blah blah. I will look into that Communication Act.

You will not find what you are looking for. As others have mentioned, all of the IG pool requires a license (and in almost every case coordination) and you will find that expressed in Part 90. There is nothing that says anything about a license required at a certain power because that simply doesn't exist. If you read 47 CFR you will clearly understand the Commissions' ability to require a license as well as the actual requirement for licensing and coordination for the IG pool.

 

[zz0468]

You've already received some good answers, but I'll elaborate a bit.

...I was under the impression, that (somewhere) it is clearly stated that anything over 500mw requires a license.

Simply and unequivocally untrue. Period. End of discussion. There is no such thing that so clearly states that.

...However, I was looking for more in depth to that ie. "in accordance, power not to exceed XXmW" blah blah blah. I will look into that Communication Act.

You won't find it there.

What you're interested in is Part 15, which specifically deals with unlicensed transmitters. It spells out frequencies, power levels, etc. Generally, Part 15 power levels are very very low, except for certain specific subparts, such as the rules for operation at 915 MHz, 2.4 GHz and 5.8 GHz.

Outside part 15 is the previously mentioned Part 95 which includes 'licensed by rule' services such as CB and FRS. There, some very specific technical parameters are set such as mode, frequency, and power levels.

Buried within Part 15 is language that would allow you to operate within various frequenices without a license, but I would use extreme caution in trying to interpret any such thing. Power levels are generally specified in terms of field strength, not transmitter power output in watts.

There are also lists of frequencies that one is prohibited from intentionally radiating at all in unlicensed operation.

Some of the language within part 15 is very technical, and not necessarily intended for mass public consumption. If you're technically equipped to interpret and follow the rules then, maybe, you're capable of something beyond bubblepack FRS radios.

 

[productionguy85]

Once again, thank you for all your responses. As some of you have stated, I was not correct in my understanding and comprehension of Part 90. This is why I came here and asked for help. As for the reasoning behind the question, it is so that I (primarily) along with other will be able to adequately defend ourselves with FACT and legality, in a possible upcoming small claims case in regards to (a companies) LMR radios (HT1250ls+) being cleared of programming do to lack of authorization.

 

[krokus]

Wirelessly posted (Opera/9.80 (Android 2.3.4; Linux; Opera Mobi/ADR-1309251116) Presto/2.11.355 Version/12.10)

in regards to (a companies) LMR radios (HT1250ls+) being cleared of programming do to lack of authorization.

A company took their radios to a dealer, and the dealer removed frequencies from the radio's programming?

 

[zz0468]

...As for the reasoning behind the question, it is so that I (primarily) along with other will be able to adequately defend ourselves with FACT and legality, in a possible upcoming small claims case in regards to (a companies) LMR radios (HT1250ls+) being cleared of programming do to lack of authorization.

You need an attorney well versed in communications law, not a hobby oriented website noted for doling out questionable advice.

 

[WA0CBW]

There have been several cases where radio dealers were fined for programming frequencies into a radio for which the user had no license or authorization to use those frequencies. In our shop if a radio comes in with frequencies that the user has no license or authorization to use those frequencies we simply hand them the radio back. We do notify the actual licensee of those frequencies the name of the person who was using them without their authorization. As was mentioned above all part 90 radios require a license.
BB