Finally dipped a toe into GMRS

[Hillbilly Heaven]

There is a difference using a Part 97 accepted ( Ham) radio in the GMRS spectrum Part 95 accepted. It will get you more than a slap on the wrist. But the opposite is not frowned upon. Using a Part 90 or 95 accepted radio in the Part 97 spectrum is accepted as being ok since Ham radio operators are allowed to modify or ( homebrew) experiment within the spectrum.

Typically Part 97 radios will receive outside the ham bands but will not transmit. Your radio must have been modified to allow it to transmit outside the ham bands, another no no, unless you are licensed
as a ham and hold a MARS license too.

Modifying a Part 95 (ham) or Part 90 ( commercial) to operate in the GMRS spectrum Part 95 is very illegal that can result in thousand of dollars fine. The likelihood of you being caught are slim. If you are going to do it just don't talk or post about doing it.

 

[JimBiram]

As far as I know, the FCC does not have a regulation that designates a radio as Part 97. Ham's, operating within the designated frequencies for Amateur Radio, can operate any type of radio in those designated frequencies, as long as it complies with Part 15 (Emissions) following the operating procedures of Part 97. Part 95 (GMRS) is very different. The FCC REQUIRES that all radios that operate in the GMRS frequencies (or FRS for that matter) be type certified for Part 95. That means that any radio operating in the GMRS/FRS frequencies have a Part 95 identification sticker noting the FCC certification number inside the radio and/or included with any manual for that radio. Part 90 radios are designed and certified to operate in the business band of frequencies, and while most Part 90 radios can be programmed into other bands, one needs a Part 90 license to operate in the business bands. Hams can operate a Part 90 radio under the Part 97 rules, which allow the use of any radio transmitter, as long as the Ham operates in the designated frequencies allowed under Part 97. But unless they have a Part 90 license for a business band, they cannot operate that radio in the business bands. Nor can they operate that Part 90 radio in the GMRS frequencies, even if they hold a GMRS license, as it just isn't allowed under the Part 95 rules, which require the radio to be type certified. Three years ago the FCC changed the regulations in Part 95, and while there were many petitions to allow Part 90 radios to be used in GMRS, the FCC specifically excluded them in their discussion for the justification of their Rules changes. So, just because your radio may be capable of it, just know that you would be operating in violation of the FCC regulations. And if you choose to do so, keep it to yourself, as most Hams respect the airwaves and try to comply with the rules.

 

[Hillbilly Heaven]

You said it better than I did.

 

[E.J.]

How so? I programmed the GRMS channels, and that's what I use. Don't be silly.

https://www.law.cornell.edu/cfr/text/47/95.1761

TLDR? If a radio is capable of transmitting on amature radio frequencies it isn't legal for transmitting on GMRS, licensed or not. Also "programming controls in each GMRS transmitter must be internal to the transmitter and must not be accessible from the exterior of the transmitter operating panel or from the exterior of the transmitter enclosure". Sure you can do it, but considering it "very above-board " is delusional.

EDIT: What Jim said.

 

[DaveInDenver]

As far as I know, the FCC does not have a regulation that designates a radio as Part 97. Ham's, operating within the designated frequencies for Amateur Radio, can operate any type of radio in those designated frequencies, as long as it complies with Part 15 (Emissions) following the operating procedures of Part 97. Part 95 (GMRS) is very different. The FCC REQUIRES that all radios that operate in the GMRS frequencies (or FRS for that matter) be type certified for Part 95. That means that any radio operating in the GMRS/FRS frequencies have a Part 95 identification sticker noting the FCC certification number inside the radio and/or included with any manual for that radio. Part 90 radios are designed and certified to operate in the business band of frequencies, and while most Part 90 radios can be programmed into other bands, one needs a Part 90 license to operate in the business bands. Hams can operate a Part 90 radio under the Part 97 rules, which allow the use of any radio transmitter, as long as the Ham operates in the designated frequencies allowed under Part 97. But unless they have a Part 90 license for a business band, they cannot operate that radio in the business bands. Nor can they operate that Part 90 radio in the GMRS frequencies, even if they hold a GMRS license, as it just isn't allowed under the Part 95 rules, which require the radio to be type certified. Three years ago the FCC changed the regulations in Part 95, and while there were many petitions to allow Part 90 radios to be used in GMRS, the FCC specifically excluded them in their discussion for the justification of their Rules changes. So, just because your radio may be capable of it, just know that you would be operating in violation of the FCC regulations. And if you choose to do so, keep it to yourself, as most Hams respect the airwaves and try to comply with the rules.

There is no Part 97 commercial type acceptance broadly speaking with a couple of exceptions. Any manufacturers (e.g. either the ham himself home brewing or formally by a business) of external (e.g. linear) amplifiers have to test and have certified amps capable of transmitting below 144 MHz.

They don't want off the shelf amps that work on 11m/CB, the specific rule being they must show 0dB gain between 26 and 28 MHz, as well a rule about spurious emissions and a maximum of 15 dB of gain. If you're designing or modifying your own radio you don't need a formal certificate but you technically need to do the certification tests yourself.

AFAIK there's no rule that states they *must* do a test or show by design or analysis that any radio or external amplifier above 144 MHz can't transmit out of band on business, FRS, GMRS, etc. like that so why ham radio manufacturers do that is I think mainly convenience so we don't do it inadvertently or perhaps it's a standing agreement they come like that so the FCC doesn't increase the testing required beyond the standard Part 15 that everything must do.

The rule for other services is the inverse, meaning a radio must be tested and approved for use. So it's a double positive (or is it negative?) exclusion. Our radios do not have to be tested for compliance within band and since they are not they then can't be used elsewhere out of band.

OTOH, a Part 90 or Part 95 radio is fine to use in theory for ham and as long as you don't physically modify it such that it would lose it's original approval. It should be still fine to use for the other service still, too. For Part 90 this is generally not a problem since most radios are designed to work over very wide spectrum and don't require physical changes (just access to programming software) but the rules for Part 95 (FRS, GMRS, CB) make it essentially impossible to use one legally for ham without modifications that render their original approval void.