FCC Licensing

A word about the FCC

Although not generally known, the Federal Communications Commission (FCC) is a regulatory agency. While it is true that the FCC writes rules and policies (subject to Congressional approval), the fundamental task of the FCC is to administer and ENFORCE the rules for the proper operation of communications devices and networks, both wired and wireless.

Unfortunately, as a result of numerous contributing factors (notably, budget, priorities, and staffing) many feel that this agency is a toothless tiger. Go to most any CB shop and you can easily purchase a CB “kicker” of up to 1000 watts. These illegal amplifiers can destroy legitimate CB communications for legal users as well as endangering the health of the user and those around them.

We know about those who sell unlicensed GMRS radios to hospital emergency room personnel without regard for FCC licensing or the prohibition of business use on GMRS frequencies. Go to any GMRS web forum and you will find that the majority don’t know that an FCC license is required or even care. Most users don’t know the bandwidth or power limitations on MURS frequencies. Even fewer know that equipment capable of producing radio frequency energy must be tested and approved by the FCC. In some cases, the applicable term is certification, while in the case of most 2-way radio communications devices, the term is known as type acceptance AND certification.

Hardly a day goes by that that we don’t see a dual band (VHF/UHF) radio authorized only for amateur use in the hands of public safety users who have been provided with simple modification instructions to allow the illegal use of these radios for public safety use.

We have received several solicitations from a Chinese manufacturer desiring to sell their products in the USA to companies like ours at heavily discounted prices. We probably don’t have to tell you that the products are NOT type accepted. The same situation applies for U.S. products built for export use (Think Motorola GP68 for example).

While we acknowledge than leniency translates to privilege in the minds of many, we also know that justice works only when swiftly and fairly applied with punitive action of sufficient force to discourage all but the most dedicated law breakers. That is why the crime rate in Singapore is MUCH lower than in the United States.

Having said all this, we think it might be noteworthy to comment on current FCC enforcement policies as they relate to wireless communications. The rules call for fines, forfeiture, and even imprisonment for violators but the most common is significant fines which can be as much as eight thousand dollars a day! Here is a partial excerpt from FCC Policy Statement 91-217 which defines violation fines for land mobile users.

Exceeding power limit authorized by license - $5,000

Exceeding authorized antenna height - $6,000

Using unauthorized frequency - $5,000

Operation at unauthorized location - $4,000

Unauthorized emissions - $5,000

Use of unauthorized equipment - $4,000

If you are in potential violation of one or more of these rules, you probably don’t have anything to worry about UNTIL the guys in the black Fords show up. By the way, telling the guy with the badge that your dealer or the nice lady in China said it was OK to violate FCC Rules does not transfer the responsibility. It’s YOURS!

We think it behooves you to know the rules, and to take the necessary action to be sure that you are in compliance. If you have questions, call Falcon Direct at 800.489.2611.

What the FCC does or does not do has a great deal of impact on how you operate your radio system and how you plan for future trends.

First, let's separate fact from fiction. With the exception of CB, FRS and MURS, the operation of a radio transmitter with a power output of over 50 milliwatts requires an FCC license and GMRS can NOT be used for business purposes. Licenses are issued only by the FCC after submission of properly coordinated forms with current authorizations being valid for 10 years. You cannot share a license unless both users are qualified for licensing and there is a valid agreement in writing between the licensee and the unlicensed user. You must transmit you station call signs, either verbally, or in Morse code at least once an hour or at the end of your transmission. Violation of the aforementioned or any condition of your license can result in fines, forfeiture, or even imprisonment!

Most commercial and public safety Low Band, VHF, and UHF systems are authorized a bandwidth of 25 kHz which will be valid until the expiration of FCC license or January 1, 2013, whichever occurs first. Some licenses are granted authorizations for 12.5 kHz which requires radios capable of narrow band operation. For these radios to perform near comparably with 25 kHz radios, a feature called compandering should be used. Otherwise there will be significant range degradation. Current users are under no requirement to reduce bandwidth to 12.5 kHz until expiration of their existing authorization of January 1, 2013 as applicable.

Now it gets a little complicated. The FCC is requiring all manufacturers to produce 6.25 kHz capable equipment by January 1, 2011. This is similar to government requirements that the automobile industry produce vehicles capable of achieving fuel efficiency goals of 40 mpg or better. When that better car is built, people will buy it. The same is true with 6.25 kHz radios since to achieve this performance level, the radio will have to be digital versus current analog technology.

Digital radios consume less current (batteries last longer), generally talk further, and can incorporate advanced features such as text messaging, GPS tracking, and even connection to the Internet. With few exceptions, digital radios cost more than analog radios, but as volume goes up, prices go down. The reverse is also true. When volume goes down on analog radios, the prices will go UP!

There are other government standards such as SAFECOM and Homeland Security mandates requiring digital equipment of a specific type (P25) for all government agencies. Does this have any effect on commercial and public safety users? Indeed it does! The US Forest Service uses P25 digital radios operating at 12.5 kHz. Coordination with the US Forest Service would require a compatible radio.

There is also the issue of channel sharing between analog and digital radio. They don't play well together. Case in point - the Nextel system is digital. It shares channels with conventional analog users, mainly public safety. The use of digital equipment rendered the older analog systems virtually useless. As a result, Nextel (now Sprint) was forced to spend (still spending) millions of dollars to correct the problem. New digital users on current analog 2-way radio channels will NOT be required to correct any problems caused to existing analog users. Caveat emptor!

So, what's the bottom line? The answer is that we have an obligation to make you aware of rules, regulations, and standards as they might apply to you. We maintain up to date information on FCC matters on our Blog page at http://falconinfo.blogspot.com in the FCC Information section. Additional information is also available at www.info4u.us/FCCPrimer.pdf as well as the Site Map section of our main web page at www.falcondirect.com . We hope this information will be helpful for those interested in learning more about FCC Rules and Regulations. This is just a part of what we do for those we serve which we hope includes YOU!

Falcon Direct

Professional Medical Communications