Thank you for the thorough response. This is the license for the agency of which I am a member. The president was looking for clarification on the use of the license.
OK, that makes sense.
Ideally the president of your group should not be getting advice off a hobby website. I'm happy to do what I can, and I have been doing this for a long time, but he'd be wise to talk to whoever did his licensing.
Do you know the license precludes the use of personal radios (Part 90 accepted) to operate on team frequencies as opposed to team radios? Can you point me in the direction of the regulations? I tried navigating the CFRs for Land Mobile Radio, but I kept going in circles trying to figure out what applied to us.
I took 2 sections out that don't answer your question, and included the two important ones.
What these say, in layman's terms is:
90.433 (c) - Mr. Barnas, since his name is on the FCC license as the "licensee" is responsible for the proper operation, maintenance and enforcement of the rules for anyone who operates under that license.
That includes: Making sure the system is operating within FCC rules and the confines of the license. This can mean that he can/should hire a radio shop to come in and periodically (once a year minimum) check everything and make sure all radios are operating properly. Many don't do this, but they should.
Essentially, since his name is on the license, it's his responsibility to make sure nothing is being done outside FCC rules.
90.433 (d) - This is the important one. It is his responsibility to make sure no one is adding radios to his system without his approval. That applies to everyone, even volunteers, employees, amateur radio operators, everyone.
It also means that if he grants permission to anyone to add radios to his system, he is responsible for making sure they follow FCC rules, correctly type accepted equipment is used, and all operation of said radios is done in accordance with the FCC license, no exceptions.
§ 90.433 Operator requirements.
(c) The station licensee shall be responsible for the proper operation of the station at all times and is expected to provide observations, servicing and maintenance as often as may be necessary to ensure proper operation. All adjustments or tests during or coincident with the installation, servicing, or maintenance of the station should be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services by an organization or committee representative of users in those services.
(d) The provisions of
paragraph (b) of this section shall not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof), in accordance with the terms of the licenses of those stations.
§ 90.203 Certification required.
(a) Except as specified in
paragraphs (b) and
(l) of this section, each transmitter utilized for operation under this part and each transmitter marketed as set forth in
§ 2.803 of this chapter must be of a type which has been certified for use under this part.
There's a bunch more on this section, but this is one of the important parts. It means that any and all radios used under this license MUST has FCC Part 90 certification. This rules out amateur radios and a lot of the cheap radios sold on Amazon and e-Bay.
Why this is important:
There's a bunch of rules about what radio users can do with the equipment and what they cannot do with the equipment. The Part 90 certification means that the radio meets these requirements. It also means they meet the strict technical requirements and, if properly maintained, will not cause interference to other users.
So, it's important that the agency does not allow anyone to use a MARS/CAP modded amateur radio on their frequencies/under their license, and no one is using the non-type accepted Cheap Chinese Radios off e-bay/Amazon. As an agency that performs search and rescue, making sure you have proper equipment that is going to work when needed and won't cause issues for other users should be really high on your list.
There's a ton of other stuff. I cannot cover it all, but this is the two things that often get ignored.