Actually, Part 90 Type-Accepted radios that operate above 450 MHz and do not have Front Panel Programming capabilities may operate on Part 95, Subpart E freqs (GMRS) pursuant to Parts 95.335(a) and 95.1761(c) providing they comply with other applicable subpart E rules.
And there are no Part 95, Subpart E freqs (GMRS) listed in the Indutrial/Business Pool frequency table 90.35(b)(3).
You keep quoting this part, but I don't think you've actually followed the links to the sections.
95.355 is the rule section that covers all the Personal Radio Services:
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.
Key word is "that service". What service you are referring to is 95E, for GMRS.
"Except as provided in
paragraph (a) of this section"
So, lets look at paragraph A:
(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.
"governing that specific radio service".
95.735 is for 95c Radio Control Radio Service, and has nothing to do with GMRS, so it does not apply to the GMRS radio service.
95.1735 is in the range of 95E, however if you look at the current FCC rules (
Federal Register :: Request Access ), 95.1735 DOES. NOT. EXIST.
95.1735 DOES. NOT. EXIST. in the current rules. So that "exception" for GMRS does not exist. Here's what you get if you look for 95.1735:
Maybe this is an FCC error (they've done it before), but the currently published rules does not include that exception for GMRS.
If you think the FCC has made an error, then you should bring it up with them. But repeatedly quoting a rule section that does not exist doesn't magically make it true.
You know what rule DOES exist? This one:
95.1761 GMRS transmitter certification.
(a) Each GMRS transmitter (a transmitter that operates or is intended to operate in the GMRS) must be certified in accordance with this sub
part and part 2 of this chapter.
"This subpart". That's all it says. Doesn't say anything about Part 90, or Part 97, or anything else.
Look, we all know that people use Part 90 radios on GMRS. That's not an argument.
But quoting this rule as proof it's allowed, over and over again, when it doesn't say what you think it says, isn't helping your case.