Part 90 Radio programmed on both GMRS and Amateur?

[ak7an]

I have a Kenwood NX-800 K2 that I would like to use for both GMRS and Ham frequencies. Is this allowable? I have been told that it is not, quoting CFR 47, 95.363.

§ 95.363 Channels available for use.​

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

To me this rule only applies to a radio certified for part 95. The Kenwood is Part 90. I would like someone with more knowledge than myself to clarify.
Thanks
Ed
AK7AN

 

[nd5y]

The placard on the back of the radio should have a FCC ID number and what rule parts it is certified for.
If it doesn't list the rules parts you can look up the FCC ID and find out.

Some higher end Kenwood and other radios are certified for Part 22, 74, 80, 90, 95. If the radio doesn't have Part 95 certification then it's not legal for GMRS.

If the radio is ONLY certified for Part 95E then it probably isn't capable of transmitting on anything but GMRS channels.

Amateur equipment doesn't require certification except for certain amplifiers and VHF/UHF receivers with scanning capability. Licensed amateurs can use any equipment.

 

[nd5y]

95.363 applies to operators not equipment. It means if you only have a GMRS license, or no license and operate other Part 95 services that don't require operator or station licenses, then you may not transmit on amateur, business, public safety, marine, aviation, government, or other frequencies belonging to services oustside of Part 95.

 

[ak7an]

Tom,
Thanks so much for the info. I did look my radio up on the FCC website and it is not listed for Part 95. Big BUMMER, I am sure it is because this radio is capable of digital (NXDN) transmissions. That answers my question. Great stuff here on RadioReference.
Take Care
Ed
AK7AN

 

[prcguy]

There is wording in the FCC rules forbidding GMRS and any other service being used in the same radio. At least one radio mfr had to pull radios off the market because GMRS and MURS were useable in the same radio or something similar.

 

[mmckenna]

Tom,
Thanks so much for the info. I did look my radio up on the FCC website and it is not listed for Part 95. Big BUMMER, I am sure it is because this radio is capable of digital (NXDN) transmissions. That answers my question. Great stuff here on RadioReference.
Take Care
Ed
AK7AN

If you have the high split UHF model (450-520MHz), they do have Part 95A certification. The 450-520 models will usually go part way down towards 440MHz before the VCO unlocks.

Low split UHF models do NOT have Part 95 certification.
Doesn't have anything to do with the NXDN capability, it's just that Kenwood didn't feel like applying for it.