[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45128-45131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21248]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 95

[WT Docket No. 95-102; FCC 95-261]


To Establish a Very Short Distance, Unlicensed, Two-Way Voice 
Radio Service in the Ultra High Frequency (UHF) Portion of the Radio 
Spectrum

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has proposed rules to establish a new personal 
radio service that would permit individuals a very short distance, 
unlicensed, two-way voice radio service in the Ultra High Frequency 
(UHF) portion of the radio spectrum. This action is in response to a 
petition for rule making from the Radio Shack Division of Tandy 
Corporation (Tandy). Allowing uses of the radio spectrum in this manner 
would meet a burgeoning public demand for an affordable and convenient 
means of direct, short-range, two-way voice communication among small 
groups of persons.

DATES: Comments must be submitted on or before October 2, 1995 and 
reply comments must be filed on or before October 16, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
William Cross at (202) 418-0680, Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, WT Docket No. 95-102, FCC 95-261, adopted June 
22, 1995, and released August 2, 1995. The proposed rules are at the 
end of this document. The full text of this Notice of Proposed Rule 
Making is available for inspection and copying during normal business 
hours in the FCC Reference Center, Room 230, 1919 M Street, N.W., 
Washington, D.C. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 2100 M Street, Suite 140, Washington, DC 20037, telephone (202) 
857-3800.

Initial Regulatory Flexibility Analysis

Reason for Action

    The Commission is proposing to amend Part 95 of its rules to 
establish a new Family Radio Service within the CB Radio Service. This 
change will provide a new and innovative communication service and 
promote more efficient use of the radio spectrum.

Objectives

    The proposed rules will encourage rapid deployment and growth of 
inexpensive low power communications equipment for use by groups in 
which members need to communicate over short distances.

Legal Basis

    The proposed action is authorized under Sections 4(i), 303(b), 
303(r), and 307(e) of the Communications Act, 47 U.S.C. Secs. 154(i), 
303(b), 303(r), and 307(e).

Report, Recordkeeping and Other Compliance Requirements

    None.

Federal Rules Which Overlap, Duplicate or Conflict With These Rules

    None.

[[Page 45129]]


Description, Potential Impact, and Small Entities Involved

    The proposed rule change would benefit individuals by allowing them 
to make use of new services, and procedures of personal communications 
equipment. Most users are expected to be members of groups such as 
families that desire to communicate by radio over very short distances.

Any Significant Alternatives Minimizing the Impact on Small Entities 
Consistent with the Stated Objectives

    None.

List of Subjects in 47 CFR Part 95

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

    Part 95 of Chapter I of Title 47 of the Code of Federal Regulations 
is proposed to be amended as follows:

Part 95--Personal Radio Services

    1. The authority citation for Part 95 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

    2. Subpart B, Sections 95.191 through 95.194, is added to Part 95 
to read as follows:

Subpart B--Family Radio Service (FRS), General Provisions

Sec.
95.191  (FRS Rule 1) Eligibility and responsibility.
95.192  (FRS Rule 2) Authorized locations.
95.193  (FRS Rule 3) Types of communications.
95.194  (FRS Rule 4) FRS units.

Subpart B--Family Radio Service (FRS)
General Provisions


Sec. 95.191  (FRS Rule 1) Eligibility and responsibility.

    (a) Unless you are a representative of a foreign government, you 
are authorized by this rule to operate an FCC certified FRS unit in 
accordance with the rules in this subpart. No license will be issued.
    (b) You are responsible for all communications that you make with 
the FRS unit. You must share each channel with other users. No channel 
is available for the private or exclusive use of any entity.


Sec. 95.192  (FRS Rule 2) Authorized locations.

    (a) Provided that you comply with these rules, you are authorized 
to operate an FRS unit:
    (1) Within or over any area of the world where radio services are 
regulated by the FCC; (this area includes the fifty United States and 
the District of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands (50 islets and cays), American Samoa (seven 
islands), the Commonwealth of Northern Marianna Islands, and Guam 
Island) or
    (2) Within or over any other area of the world, except within or 
over the territorial limits of areas where radio services are regulated 
by an agency of the United States other than the FCC or any foreign 
government (you are subject to its rules); or
    (3) Aboard any vessel aircraft registered in the United States, 
with the permission of the captain, that is within or over any area of 
the world where radio services are regulated by the FCC or upon or over 
international waters; or
    (4) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company that is within or over any area of 
the world where radio services are regulated by the FCC or upon or over 
international waters.
    (5) You must operate the FRS unit only accordingly to any 
applicable treaty to which the United States is a party. The FCC will 
make public notice of any such conditions.
    (b) Your use of an FRS unit must not cause harmful interference to 
a FCC monitoring facility. Doing so could result in imposition of 
restrictions upon the operation of the FRS unit within 0.8 km (0.5 
mile) of the facility by its Engineer-in-Charge. (Geographical 
coordinates of the facilities that require protection are listed in 
Sec. 0.121(c) of this chapter.)
    (c) The FCC may impose additional restrictions on a FRS station if 
the station is located at a point within the National Radio Quiet Zone 
(an area within the States of Maryland, Virginia and West Virginia). 
The Zone is the area bounded by:
    (1) 39 deg.15' N. on the North;
    (2) 78 deg.30' W. on the East;
    (3) 37 deg.30' N. on the South; and
    (4) 80 deg.30' W. on the West.


Sec. 95.193  (FRS Rule 3) Types of communications.

    (a) You may use an FRS unit to conduct two-way voice communications 
with another person. You may use the FRS unit to transmit one-way 
communications only to establish communications with another person, 
send an emergency message, provide traveler assistance, make a voice 
page, or to conduct a brief test.
    (b) The FRS unit may transmit tones to make contact or to continue 
communications with a particular FRS unit. If the tone is audible (more 
than 300 Hertz), it must last no longer than 15 seconds at one time. If 
the tone is subaudible (300 Hertz or less), it may be transmitted 
continuously only while you are talking.
    (c) You must not use an FRS unit in connection with any activity 
which is against federal, state or local law.
    (d) You must, at all times and on all channels, give priority to 
emergency communication messages concerning the immediate safety of 
life or the immediate protection of property.
    (e) No FRS unit may be interconnected to the public switched 
telephone network.


Sec. 95.194  (FRS Rule 4) FRS units.

    (a) You may only use an FCC certified FRS unit. (You can identify 
an FCC certified FRS unit by the label placed on it by the 
manufacturer.)
    (b) You must not make, or have made, any internal modification to 
an FRS unit. Any internal modification cancels the FCC certification 
and voids your authority to operate the unit in the FRS.
    (c) You may not attach any antenna, power amplifier, or other 
apparatus to an FRS unit that has not been FCC certified as part of 
that FRS unit. There are no exceptions to this rule and attaching any 
such apparatus to a FRS unit cancels the FCC certification and voids 
everyone's authority to operate the unit in the FRS.
    3. Section 95.401 is revised to read as follows:


Sec. 95.401  (CB Rule 1) What are the Citizens Band Radio Services?

    The Citizens Band Radio Services are:
    (a) The Citizens Band (CB) Radio Service--a private, two-way, 
short-distance voice communications service for personal or business 
activities of the general public. The CB Radio Service may also be used 
for voice paging.
    (b) The Family Radio Service (FRS)--a private, two-way, very short-
distance voice communications service for facilitating family and group 
activities. The rules for this service are contained in subpart B of 
this part.
    4. Section 95.601 is revised to read as follows:


Sec. 95.601  Basis and purpose.

    These rules provide the technical standards to which each 
transmitter (apparatus that converts electrical energy received from a 
source into RF (radio frequency) energy capable of being radiated) used 
or intended to be used in a station authorized in any of the Personal 
Radio Services must comply. They also provide requirements 

[[Page 45130]]
for obtaining type acceptance of such transmitters. The Personal Radio 
Services are the GMRS (General Mobile Radio Service), the Family Radio 
Service (FRS), the R/C (Radio Control Radio Service), and the CB 
(Citizens Band Radio Service). For operating rules, see subparts A 
through D of this part 95.
    5. Section 95.603 is amended by revising the heading and adding 
paragraph (d) to read as follows:


Sec. 95.603  Type acceptance or certification required.

* * * * *
    (d) Each FRS unit (a transmitter that operates or is intended to 
operate in the FRS) must be certified for use in the FRS in accordance 
with subpart J or part 2 of this chapter.
    6. Section 95.605 is revised to read as follows:


Sec. 95.605  Type acceptance and certification procedures.

    Any entity may request type acceptance or certification for its 
transmitter in one of the Personal Radio Services, following the 
procedures in part 2 of this chapter.
    7. Sections 95.627 through 95.669 are redesignated as Secs. 95.629 
through 95.671 and a new Sec. 95.627 is added to read as follows:


Sec. 95.627  FRS unit channel frequencies.

    (a) The FRS unit channel frequencies are:

------------------------------------------------------------------------
                        Channel No.                             (MHz)   
------------------------------------------------------------------------
1..........................................................     462.5625
2..........................................................     462.5875
3..........................................................     462.6125
4..........................................................     462.6375
5..........................................................     462.6625
6..........................................................     462.6875
7..........................................................     462.7125
8..........................................................     467.5625
9..........................................................     467.5875
10.........................................................     467.6125
11.........................................................     467.6375
12.........................................................     467.6625
13.........................................................     467.6875
14.........................................................     467.7125
------------------------------------------------------------------------

    (b) Each FRS unit must be maintained within a frequency tolerance 
of 0.0005%.
    8. Newly designated 95.629 is amended by revising paragraph (b), 
redesignating paragraphs (d) and (e) as paragraphs (e) and (f) 
respectively, and adding a new paragraph (d) to read as follows:


Sec. 95.629  Emission types.

* * * * *
    (b) An R/C transmitter may transmit any appropriate non-voice 
emission which meets the emission limitations of Sec. 95.633.
* * * * *
    (d) An FRS unit may transmit only emission type F3E. A non-voice 
emission is limited to selective calling or tone-operated squelch tones 
to establish or continue voice communications.
* * * * *
    9. Newly designated Sec. 95.631 is amended by adding a new 
paragraph (c) to read as follows:


Sec. 95.631  Emission bandwidth.

* * * * *
    (c) The authorized bandwidth for emission type F3E transmitted by a 
FRS unit is 12.5 kHz.
    10. Newly designated Sec. 95.633 is amended by revising paragraph 
(b) introductory text and the table immediately following it to read as 
follows:


Sec. 95.633  Unwanted radiation.
* * * * *
    (b) The power of each unwanted emission shall be less than TP as 
specified in the applicable paragraph:

------------------------------------------------------------------------
     Transmitter            Emission type         Applicable paragraphs 
------------------------------------------------------------------------
GMRS................  A1D, A3E, F1D, G1D, F3E,  (1), (3), (7)           
                       G3E with filtering.                              
                      A1D, A3E, F1D, G1D, F3E,  (5), (6), (7)           
                       G3E without filtering.                           
                      H1D, J1D, R1D, H3E, J3E,  (2), (4), (7)           
                       R3E.                                             
FRS.................  F3E with filtering......  (1), (3), (7)           
                                                                        
------------------------------------------------------------------------
      Note: Filtering refers to the requirement in Sec.  95.635(b)      
                                                                        
------------------------------------------------------------------------
R/C:                                                                    
    27 MHz band.....  As specified in Sec.      (1), (3), (7)           
                       95.629(b).                                       
    72-76 MHz band..  As specified in Sec.      (1), (3), (7)           
                       95.629(b).               (10) (11), (12)         
CB..................  A1D, A3E................  (1), (3), (8), (9)      
                      H1D, J1D, R1D, H3E, J3E,  (2), (4), (8), (9)      
                       R3E.                                             
                      A1D, A3E type accepted    (1) (3), (7)            
                       before September 10,                             
                       1976.                                            
                      H1D, J1D, R1D, H3E, J3E,  (2), (4), (7)           
                       R3E type accepted                                
                       before September 10,                             
                       1986.                                            
------------------------------------------------------------------------

    Note 1: * * *

    Note 2: * * *
* * * * *
    11. Newly designated Sec. 95.635 is amended by revising paragraph 
(a) to read as follows:


Sec. 95.635  Modulation standards.

    (a) A GMRS transmitter that transmits emission types F1D, G1D, or 
G3E must not exceed a peak frequency deviation of plus or minus 5 kHz. 
An FRS unit or a GMRS transmitter that transmits emission type F3E must 
not exceed a peak frequency deviation of plus or minus 5 kHz.
* * * * *
    12. Newly designated Sec. 95.637 is amended by adding a new 
paragraph (d) to read as follows:


Sec. 95.637  Maximum transmitter power.

* * * * *
    (d) No FRS unit, under any condition of modulation, shall exceed 
0.500 W Carrier power (average TP during one unmodulated RF cycle) when 
transmitting emission type F3E.
    13. Newly designated Sec. 95.645 is revised to read as follows:


Sec. 95.645  FRS unit and R/C transmitter antennas.

    The antenna of each FRS unit, and the antenna of each R/C station 
transmitting in the 72-76 MHz band, must be an integral part of the 
transmitter. The antenna must have no gain (as compared to a half-wave 
dipole) and must be vertically polarized.
    14. Newly designated Sec. 95.647 is revised to read as follows:

[[Page 45131]]



Sec. 95.647  Power capability.

    No CB or R/C station transmitter or FRS unit shall incorporate 
provisions for increasing its transmitter power to any level in excess 
of the limit specified in Sec. 95.637.
    15. Newly designated Sec. 95.649 is revised to read as follows:


Sec. 95.649  Crystal control required.

    All transmitters used in the Personal Radio Services must be 
crystal controlled, except an R/C station that transmits in the 26-27 
MHz frequency band, and a FRS unit.
    16. Appendix 1 to subpart E is amended by adding the definition for 
``FRS'', in alphabetical order, to read as follows:

Appendix 1 to Subpart E--Glossary of Terms

* * * * *
    FRS. Family Radio Service.
* * * * *
[FR Doc. 95-21248 Filed 8-29-95; 8:45 am]
BILLING CODE 6712-01-M