47 C.F.R. Subpart N—Operating Requirements
Title 47 - Telecommunication
The subpart prescribes general operating requirements for stations licensed under this part. This includes station operating procedures, points of communication, permissible communications, methods of station identification, control requirements, and station record keeping requirements. (a) Licensees of radio stations in the private land mobile radio services shall be directly responsible for the proper operation and use of each transmitter for which they are licensed. In this connection, licensees shall exercise such direction and control as is necessary to assure that all authorized facilities are employed: (1) Only for permissible purposes; (2) Only in a permissible manner; and (3) Only by persons with authority to use and operate such equipment. (b) In carrying out their responsibilities under §90.403(a), licensees shall be bound by the provisions of the Communications Act of 1934, as amended, and by the rules and regulations of the Commission governing the radio service in which their facilities are licensed; and licensees may not, through written or oral agreements or otherwise, relieve themselves of any duty or obligation imposed upon them, by law, as licensees. (c) Except for stations that have been granted exclusive channels under this part and that are classified as commercial mobile radio service providers pursuant to part 20 of this chapter, each licensee must restrict all transmissions to the minimum practical transmission time and must employ an efficient operating procedure designed to maximize the utilization of the spectrum. (d) Communications involving the imminent safety-of-life or property are to be afforded priority by all licensees. (e) Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference. (f) Stations licensed in this part shall not continuously radiate an unmodulated carrier except where required for tests as permitted in §90.405, except where specifically permitted by this part, where specifically authorized in the station authorization, or on an as needed basis in the Radiolocation Radio Service. (g) The radiations of the transmitter shall be suspended immediately upon detection or notification of a deviation from the technical requirements of the station authorization and until such deviation is corrected. For transmissions concerning the imminent safety-of-life or property, the transmissions shall be suspended as soon as the emergency is terminated. [43 FR 54791, Nov. 22, 1978; 44 FR 32220, June 5, 1979, as amended at 59 FR 59965, Nov. 21, 1994] (a) Stations licensed under this part may transmit only the following types of communication: (1) Any communication related directly to the imminent safety-of-life or property; (2) Communications directly related and necessary to those activities which make the licensee eligible for the station license held under this part. In addition, when communication service is provided under the cooperative sharing provisions of §90.179, the licensee providing such service may transmit communications related to the activities for which the parties receiving the service would be eligible to be licensed. (3) Communications for testing purposes required for proper station and system maintenance. However, each licensee shall keep such tests to a minimum and shall employ every measure to avoid harmful interference. (b) The provisions contained in paragraph (a) of this section do not apply where a single base station licensee has been authorized to use a channel above 470 MHz on an exclusive basis, or to stations licensed under this part that are classified as CMRS providers under part 20 of this chapter. [50 FR 6182, Feb. 14, 1985, as amended at 59 FR 59965, Nov. 21, 1994] The licensee of any station authorized under this part may, during a period of emergency in which the normal communication facilities are disrupted as a result of hurricane, flood, earthquake or similar disaster, utilize such station for emergency communications in a manner other than that specified in the station authorization or in the rules and regulations governing the operation of such stations. The Commission may at any time order the discontinuance of such special use of the authorized facilities. [49 FR 36376, Sept. 17, 1984] The licensee of any station authorized under this part may, on a voluntary basis, transmit communications necessary for the implementation of civil defense activities assigned such station by local civil defense authorities during an actual or simulated emergency, including drills and tests. The Commission may at any time order the discontinuance of such special use of the authorized facilities. [49 FR 36376, Sept. 17, 1984] Stations licensed under this part shall not: (a) Transmit program material of any kind for use in connection with broadcasting; or (b) Render a communications common carrier service, except for stations in the Public Safety Pool providing communications standby facilities under §90.20(a)(2)(xi) and stations licensed under this part in the SMR, private carrier paging, Industrial/Business Pool, or 220–222 MHz services. [43 FR 54791, Nov. 22, 1978, as amended at 59 FR 59965, Nov. 21, 1994; 62 FR 18933, Apr. 17, 1997] (a) Any station licensed under this part may communicate with any other station without restriction as to type, service, or licensee when the communications involved relate directly to the imminent safety-of-life or property. (b) Any station licensed under this part may communicate with any other station licensed under this part, with U.S. Government stations, and with foreign stations, in connection with mutual activities, provided that where the communication involves foreign stations prior approval of the Commission must be obtained, and such communication must be permitted by the government that authorizes the foreign station. Communications by Public Safety Pool eligibles with foreign stations will be approved only to be conducted in accordance with Article 5 of the Inter-American Radio Agreement, Washington, DC, 1949, the provisions of which are set forth in §90.20(b). [43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18933, Apr. 17, 1997] Normally, operations licensed under this part are intended to provide intrastation mobile communications. For example, a base station is intended to communicate with its associated mobile stations and mobile stations are intended to communicate between associated mobile stations and associated base stations of the licensee. Accordingly, operations between base stations at fixed locations are permitted only in the following situations: (a) Base stations licensed under subpart T of this part and those in the Public Safety Pool that operate on frequencies below 450 MHz, may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these services or pools. (b) Base stations licensed on any frequency in the Industrial/Business Pool and on base stations frequencies above 450 MHz in the Public Safety Pool may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these pools only when: (1) The messages to be transmitted are of immediate importance to mobile stations; or (2) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this paragraph. (c) Operational fixed stations may communicate with units of associated mobile stations only on a secondary basis. (d) Operational fixed stations licensed in the Industrial/Business Pool may communicate on a secondary basis with associated base stations licensed in these services when: (1) The messages to be transmitted are of immediate importance to mobile stations; or (2) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this paragraph. (e) Travelers' Information Stations are authorized to transmit certain information to members of the traveling public (see §90.242). (f) CMRS Licensees in the SMR categories of part 90, subpart S, CMRS providers authorized in the 220 MHz service of part 90, subpart T, CMRS paging operations as defined by part 90, subpart P and for-profit interconnected business radio services with eligibility defined by section 90.75 are permitted to utilize their assigned spectrum for fixed services on a co-primary basis with their mobile operations. [61 FR 45356, Aug. 29, 1996, as amended at 62 FR 18933, Apr. 17, 1997] Mobile stations, as defined in §90.7, include vehicular-mounted and hand-held units. Such units may be operated by persons other than the licensee, as provided for below, when necessary for the licensee to meet its requirements in connection with the activities for which it is licensed. If the number of such units, together with units operated by the licensee, exceeds the number of mobile units authorized to the licensee, license modification is required. The licensee is responsible for taking necessary precautions to prevent unauthorized operation of such units not under its control. (a) Public Safety Pool. (1) Mobile units licensed in the Public Safety Pool may be installed in any vehicle which in an emergency would require cooperation and coordination with the licensee, and in any vehicle used in the performance, under contract, of official activities of the licensee. This provision does not permit the installation of radio units in non-emergency vehicles that are not performing governmental functions under contract but with which the licensee might wish to communicate. (2) Mobile units licensed under §90.20(a)(2)(iii) may be installed in a vehicle or be hand-carried for use by any person with whom cooperation or coordinations is required for medical services activities. (3) On the Interoperability Channels in the 700 MHz Public Safety Band (See §90.531(b)(1)), hand-held and vehicular transmitters may be operated by any licensee holding a license in the 700 MHz Public Safety Band or by any licensee holding a license for any other public safety frequency pursuant to part 90 of the Commission's rules. Therefore, individual licenses are not required for hand-held and vehicular transmitters in the 700 MHz Band. (b) Industrial/Business Pool. Mobile units licensed in the Industrial/Business Pool may be installed in vehicles of persons furnishing under contract to the licensee and for the duration of the contract, a facility or service directly related to the activities of the licensee. (c) In addition to the requirements in paragraphs (a) and (b) of this section, frequencies assigned to licensees in the Private Land Mobile Radio Services may be installed in the facilities of those who assist the licensee in emergencies and with whom the licensee must communicate in situations involving imminent safety to life or property. [65 FR 60877, Oct. 13, 2000, as amended at 66 FR 10635, Feb. 16, 2001] (a) Except as provided in paragraphs (b), (c), and (d) of this section, and except as may be provided in other sections of this part with respect to operation on specific frequencies, mobile stations first authorized after September 14, 1973, under this part may be operated aboard aircraft for air-to-mobile, air-to-base, air-to-air and air-to-ship communications subject to the following: (1) Operations are limited to aircraft that are regularly flown at altitudes below 1.6 km (1 mi) above the earth's surface; (2) Transmitters are to operate with an output power not to exceed ten watts; (3) Operations are secondary to land-based systems; (4) Such other conditions, including additonal reductions of altitude and power limitations, as may be required to minimize the interference potential to land-based systems. (b) Exceptions to the altitude and power limitations set forth in paragraph (a) of this section may be authorized upon a showing of unusual operational requirements which justify departure from those standards, provided that the interference potential to regular land-based operations would not be increased. (c) Mobile operations aboard aircraft in the services governed by this part, under licenses in effect September 14, 1973, may be continued without regard to provisions of paragraph (a) of this section, as follows: (1) Operations may be continued only for the balance of the term of such licenses if aircraft involved are regularly flown at altitudes greater than 1.6 km (1 mi) above the earth's surface. (2) Operations may be continued for one additional renewal license term if the aircraft involved are regularly flown at altitudes below 1.6 km (1 mi) above the earth's surface. (d) Operation of radiolocation mobile stations may be authorized without regard to limitations and conditions set forth in paragraphs (a), (b), and (c) of this section. [43 FR 54791, Nov. 22, 1978, as amended at 58 FR 44960, Aug. 25, 1993] Stations licensed under this part shall transmit identification in accordance with the following provisions: (a) Identification procedure. Except as provided for in paragraphs (d) and (e) of this section, each station or system shall be identified by the transmission of the assigned call sign during each transmission or exchange of transmissions, or once each 15 minutes (30 minutes in the Public Safety Pool) during periods of continuous operation. The call sign shall be transmitted by voice in the English language or by International Morse Code in accordance with paragraph (b) of this section. If the station is employing either analog or digital voice scrambling, or non-voice emission, transmission of the required identification shall be in the unscrambled mode using A3E, F3E or G3E emission, or International Morse, with all encoding disabled. Permissible alternative identification procedures are as follows: (1) A mobile relay stations call sign may be used to identify the associated control and mobile stations, except in the Public Safety Pool where the stations operate on frequencies below 450 MHz. Alternatively, a base station (including a mobile relay station) which is controlled by radio may be identified by the transmission of the call sign of the station at which communications originate. (2) One or more fixed relay stations may be identified by the transmission of the call signs of the stations at which the communications originate. (3) When a mobile station transmits on a different frequency than its associated base station, the assigned call sign of either the mobile station or the base station may be transmitted. Further, a single mobile unit in the licensee's authorized geographic area of operation may transmit station identification on behalf of any other operating mobile units in the fleet. (4) Use of an identifier other than the assigned call sign. (i) In the Public Safety Pool, mobile units licensed to a governmental entity and which operate on frequencies above 30 MHz may use an identifier which contains, at a minimum, the name of the licensee if the licensee maintains at the station a list of the special identifiers to be used by the mobile units. (ii) In the Industrial/Business Pool, licensees may request the Commission's local Engineer-in-Charge to approve the use of special mobile unit identifiers in lieu of the assigned call sign. Such requests, however, will not be granted where it appears that harmful interference to international operations may be caused by stations below 50 MHz, or by stations operating in areas within 80 km (50 miles) of an international boundary, or where it appears that the proposed method of identification will not adequately distinguish the mobile units of the applicant from the mobile units of other licensees in the area. (iii) In the Industrial/Business Pool, railroad licensees (as defined in §90.7) may identify stations by the name of the railroad and the train number, caboose number, engine number, or the name of the fixed wayside station. If none of these forms are practicable, any similar name or number may be designated by the railroad concerned for use by its employees in the identification of fixed points or mobile units; Provided, That, a list of such identifiers is maintained by the railroad. An abbreviated name or the initials of the railroad may be used where such are in general usage. In those areas where it is shown that no difficulty would be encountered in identifying the transmission of a particular station (as, for example, where stations of one licensee are located in a yard isolated from other radio installations), approval may be given to a request from the licensee for permission to omit the station identification. (5) Use of identifiers in addition to assigned call signs. Nothing in this section shall be construed as prohibiting the transmission of station or unit identifiers which may be necessary or desirable for system operation, Provided, That, they are transmitted in addition to the assigned station call sign or other permissible form of identification. (b) Use of automatic Morse code identification equipment. Automatically activated equipment may be used to transmit station identification in International Morse Code pursuant to the following conditions: (1) The signal output of the automatic identification equipment shall be connected to the transmitter at the microphone input or any other manufacturer-provided signal input terminal and shall be adjusted to produce 40 percent ±10 percent of the maximum permissible modulation or deviation level. This adjustment shall be performed when all other modulating signals are absent. (2) The Morse code transmission rate shall be maintained between 20 and 25 words per minute. (3) The frequency of the keyed tone comprising the identification signal shall be 1200 ±800 Hz. A licensee may be required to change the frequency in order to prevent interference to the operations of another co-channel licensee. (4) Should activation of automatic Morse code identification equipment interrupt the communications of another co-channel licensee, the Commission may require the use of equipment which will delay automatic station identification until such co-channel communications are completed. (c) Special provisions for identification in the Radiolocation Service. (1) Stations in the Radiolocation Service are not required to identify except upon specific instruction from the Commission or as required by paragraph (c)(2) of this section. (2) Stations in the Radiolocation Service operating on frequencies above 3400 kHz that employ spread spectrum techniques shall transmit a two-letter manufacturer's designator, authorized by the Commission on the station authorization, at the beginning and ending of each transmission and once every 15 minutes during periods of continuing operation. The designator shall be transmitted in International Morse Code at a speed not exceeding 25 words per minute, and the spread spectrum mode of operation shall be maintained while the designator is being transmitted. The identifying signal shall be clearly receivable in the demodulated audio of a narrow-band FM receiver. (d) General exemptions. A station need not transmit identification if: (1) It is a mobile station operating on the transmitting frequency of the associated base station. (2) It is a mobile station in the Public Safety Pool using F1E or G1E emission. (3) It is transmitting for telemetering purposes or for the activation of devices which are employed solely as a means of attracting attention, or for remote control purposes, or which is retransmitting by self-actuating means, a radio signal received from another radio station or stations. (4) It is any type of radiopositioning or radar station authorized in a service other than the Radiolocation Service. (5) It is used solely for automatic vehicle monitoring or location. (6) It is a paging station authorized in accordance with the provisions of §90.20(a)(2)(v). (7) It is a mobile station employing non-voice emissions and the associated base station identifies on behalf of the mobile unit(s). (8) It is a base or mobile station in the 220–222 MHz band authorized to operate on a nationwide basis in accordance with subpart T of this part. (9) It is a wireless microphone station operating in accordance with the provisions of §90.265(b). (10) It is a Roadside Unit in a DSRCS system. (e) Special provisions for stations licensed under this part that are classified as CMRS providers under part 20 of this chapter. (1) Station identification will not be required for 929–930 MHz nationwide paging licensees or MTA or EA-based SMR licensees. All other CMRS stations will be required to comply with the station identification requirements of this paragraph. (2) CMRS stations subject to a station identification requirement will be permitted to use a single call sign for commonly owned facilities that are operated as part of a single system. The call sign must be transmitted each hour within five minutes of the hour, or upon completion of the first transmission after the hour. (3) CMRS stations granted exclusive channels may transmit their call signs digitally. The station licensee must provide the Commission with information sufficient to decode the digital transmission to ascertain the transmitted call sign. [43 FR 54791, Nov. 22, 1978] Editorial Note: For (a) Each transmitter shall be so installed and protected that it is not accessible to or capable of operation by persons other than those duly authorized by and under the control of the licensee. Provisions of this part authorizing certain unlicensed persons to operate stations, or authorizing unattended operation of stations in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of station licensees to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations and transmitter units in accordance with the terms of the licenses of those stations. (b) Except for frequencies used in accordance with §90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized. [43 FR 54791, Nov. 22, 1978, as amended at 52 FR 47570, Dec. 15, 1987] (a) Control point required. Unless permitted to be operated on an unattended basis, each station shall be provided with a control point; (b) A control point is an operating position: (1) Which must be under the control and supervision of the licensee; (2) Where a person immediately responsible for the operation of the transmitter is stationed; (3) Where the monitoring facilities required by this part are installed. (c) Control point location. The location of the control point will be specified in the station license and will be assumed to be the same as that of the transmitting equipment unless an application for a different location has been approved by the Commission. (d) Control point facilities required. At each control point, the following facilities shall be installed: (1) A carrier-operated device which will provide continuous visual indication when the transmitter is radiating, or, a pilot lamp or meter which will provide continuous visual indication when the transmitter circuits have been placed in a condition to produce radiation. The provisions of this subparagraph shall not apply to hand-carried transmitters or transmitters installed on motorcycles. The control point for a transmitter utilized to activate another radio station may employ a single pilot lamp or meter as an indication of the activation of local and remote transmitters. (2) Facilities which will permit the person responsible for the operation of the transmitter either to disconnect the dispatch point circuits from the transmitter or to render the transmitter inoperative from any dispatch point under his supervision; and (3) Facilities which will permit the person responsible for the operation of the transmitter to turn the transmitter carrier on and off at will. (e) Dispatch point. A dispatch point is any position from which messages may be transmitted under the supervision of the person at a control point who is responsible for the operation of the transmitter. Dispatch points may be installed without authorization from the Commission. [43 FR 54791, Nov. 22, 1978; 44 FR 67118, Nov. 23, 1979, as amended at 48 FR 29517, June 27, 1983] No person is required to be in attendance at a station when transmitting during normal rendition of service and when either: (a) Transmitting for telemetering purposes; or, (b) Retransmitting by self-actuating means a radio signal received from another radio station or stations. (a) No operator license or permit is required for the operation, maintenance, or repair of stations licensed under this part. (b) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications. (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. (Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures Act, 5 U.S.C. 553) [49 FR 20672, May 16, 1984] (a) The current original authorization for each station shall be retained as a permanent part of the station records but need not be posted. (b) Entities authorized under this part must make available either a clearly legible photocopy of the authorization for each base or fixed station at a fixed location at every control point of the station or an address or location where the current authorization may be found. (c) An applicant operating under temporary authority in accordance with §90.159 must post an executed copy of FCC Form 601 at every control point of the system or an address or location where the current executed copy may be found. [43 FR 54791, Nov. 22, 1978, as amended at 45 FR 59884, Sept. 11, 1980; 47 FR 41045, Sept. 16, 1982; 47 FR 51883, Nov. 18, 1982; 54 FR 4030, Jan. 27, 1989; 59 FR 59965, Nov. 21, 1994; 63 FR 68966, Dec. 14, 1998] All stations and records of stations in these services shall be made available for inspection at any reasonable time and any time while the station is in operation upon reasonable request of an authorized representative of the Commission. The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter. In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting. [61 FR 4369, Feb. 6, 1996] Each licensee of a station in these services shall maintain records in accordance with the following: (a) For all stations, the results and dates of the transmitting measurements required by §90.215 of this part and the name of the person or persons making the measurements. (b) For all stations, the dates and pertinent details of any maintenance performed on station equipment, and the name and address of the service technician who did the work. If all maintenance is performed by the same technician or service company, the name and address need be entered only once in the station records. (c) For private land stations that are interconnected with the public switched telephone network, the licensee must maintain a detailed description of how interconnection is accomplished. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. See §90.477. (d) For shared land stations, the records required by §90.179. [43 FR 54791, Nov. 22, 1978, as amended at 48 FR 26621, June 9, 1983; 48 FR 29518, June 27, 1983; 50 FR 39681, Sept. 30, 1985; 50 FR 40976, Oct. 8, 1985; 61 FR 4369, Feb. 6, 1996] (a) Station records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record. (b) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded. (c) No record or portion thereof shall be erased, obliterated, or wilfully destroyed within the required retention period. Any necessary correction may be made only by the person originating the entry, who shall strike out the erroneous portion, initial the correction made, and indicate the date of correction. Records required by this part shall be retained by the licensee for at least one year.
Title 47: Telecommunication
PART 90—PRIVATE LAND MOBILE RADIO SERVICES
Subpart N—Operating Requirements
§ 90.401 Scope.
§ 90.403 General operating requirements.
§ 90.405 Permissible communications.
§ 90.407 Emergency communications.
§ 90.411 Civil defense communications.
§ 90.415 Prohibited uses.
§ 90.417 Interstation communication.
§ 90.419 Points of communication.
§ 90.421 Operation of mobile station units not under the control of the licensee.
§ 90.423 Operation on board aircraft.
§ 90.425 Station identification.
§ 90.427 Precautions against unauthorized operation.
§ 90.429 Control point and dispatch point requirements.
§ 90.431 Unattended operation.
§ 90.433 Operator requirements.
§ 90.437 Posting station licenses.
§ 90.439 Inspection of stations.
§ 90.441 Inspection and maintenance of antenna structure marking and associated control equipment.
§ 90.443 Content of station records.
§ 90.445 Form of station records.
§ 90.447 Retention of station records.
