Last Revised: January 20, 2000
The text below was originally released by the FCC as a portion of the Notice of Proposed Rule Making in Docket 98-128, Biennial Review of Part 90. This discussion explains the direction that the FCC is expected to take soon in the creation of MURS, a new Citizens Band Radio Service.
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Section 90.113 of the Commission's rules, 47 CFR 90.113, states that a radio transmitter cannot be operated under the Commission's Part 90 rules without proper authorization from the Commission. We have been receiving a significant number of inquiries from the public concerning the use of one-watt and two-watt, hand-held portable radios that are becoming increasingly available from retail and mail order sources.
The radios are mostly single-channel or two-channel radios, low-cost, and operate on one or more of six low power frequencies assigned to the Industrial/Business Pool. The low power frequencies used include two VHF high band frequencies, 154.570 MHz, and 154.600 MHz, and four UHF frequencies, 467.850 MHz, 467.875 MHz, 467.900 MHz, and 467.925 MHz. Each frequency is identified by a different "color dot" or "color star" on the unit. This frequency identification code was developed by, and apparently is uniformly used by the manufacturers of these radios.
Pursuant to Section 90.175 of the Commission's rules, all six frequencies require frequency coordination prior to licensing by the Commission. In some cases, advertisements for these radios will state that an FCC license is required or that the radios are for business use and require coordination. However, many advertisements imply that these radios can be used by anybody for any purpose, whether commercial or recreational, and make no mention of the licensing requirement. Manufacturers have informally indicated to us that it is their belief that only a small percentage of persons buying these radios actually apply for a license.
In the Part 90 Omnibus NPRM, we proposed to delete the frequency coordination requirement for 154.570 MHz and 154.600 MHz. We also proposed to exempt three additional 150 MHz low power frequencies from the frequency coordination requirement. The frequencies are 151.820 MHz, 151.880 MHz, and 151.940 MHz. They were created for low power use in the Business Radio Service (now the Industrial/Business Pool).
These five frequencies are licensed as mobile frequencies and the station license, therefore, does not contain station coordinates. We stated that frequency coordination for these frequencies no longer serves a regulatory purpose, particularly given that the frequency coordinator does not know the precise location of the user. Thus, the combination of two circumstances: (1) the existence of our current proposal to eliminate the coordination requirement for these frequencies; and (2) the claim that most users of these frequencies probably are not licensed, cause us now to invite comments on whether these five frequencies should be further deregulated by eliminating the requirement that they be licensed.
Should we decide to take this action, we would reallocate the frequencies from Part 90 to a radio service that does not require licensing, such as the Citizens Band, Low Power Radio, or Family Radio Services. We invite comments on the effect such a reallocation would have on existing Part 90 licensees of these frequencies. We also invite comments on whether there are other frequencies in Part 90 for which we could eliminate the licensing requirement.
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