95.1705 Individual licenses required; eligibility; who may operate; cooperative use.§ 95.1705 Individual licenses required; eligibility; who may operate; cooperative use.
A valid individual license is required to operate a GMRS station. To obtain an individual license, an applicant must be eligible and follow the applicable rules and procedures set forth in this subpart and in part 1 of this chapter, and must pay the required application and regulatory fees as set forth in part 1, subpart G of this chapter.
(a) Eligibility. This paragraph contains eligibility requirements for individual licenses in the GMRS.
(1) Only an individual who is at least 18 years old and who meets the requirements of § 95.305 is eligible to obtain a new individual GMRS license.
(2) Any person that holds a valid individual license is eligible to obtain a renewed license, or a modified license to reflect a change of name or address.
(b) Individual licensee responsibility. The holder of an individual license to operate GMRS stations is responsible at all times for the proper operation of the stations in compliance with all applicable rules in this part.
(c) Individuals who may operate a GMRS station. This paragraph establishes who may operate a GMRS station under the authority of an individual license.
(1) Any individual who holds an individual license may operate his or her GMRS stations.
(2) Any individual who holds an individual license may allow his or her immediate family members to operate his or her GMRS station or stations. Immediate family members are the licensee's spouse, children, grandchildren, stepchildren, parents, grandparents, stepparents, brothers, sisters, aunts, uncles, nieces, nephews, and in-laws.
(3) Any individual who holds an individual license may allow anyone to operate his or her GMRS station if necessary to communicate an emergency message.
(4) Any non-individual person that holds a grandfathered GMRS license may allow individuals to operate its grandfathered GMRS station(s) only in accordance with the following paragraphs:
(i) A partnership may allow its partners and employees to operate its GMRS station(s).
(ii) A corporation may allow its officers, directors, members and employees to operate its GMRS station(s).
(iii) An association may allow its members and employees to operate its GMRS station(s).
(iv) A governmental unit may allow its employees to operate its GMRS station(s).
(d) Individual licensee duties. The holder of an individual license:
(1) Shall determine specifically which individuals, including family members, are allowed to operate (i.e., exercise operational control over) its GMRS station(s) (see paragraph (c) of this section);
(2) May allow any person to use (i.e., benefit from the operation of) its GMRS repeater, or alternatively, may limit the use of its GMRS repeater to specific persons;
(3) May disallow the use of its GMRS repeater by specific persons as may be necessary to carry out its responsibilities under this section.
(e) Individual license term. Each individual license in the GMRS will normally have a term of ten years from the date of grant or renewal, and may be renewed pursuant to the procedures in part 1 of this chapter. The FCC may grant a shorter license term at renewal as a sanction for violation of the FCC rules.
(f) Cooperative use of GMRS stations. GMRS licensees may share the use of their stations with other persons eligible in the GMRS, subject to the conditions and limitations in this paragraph.
(1) The GMRS station to be shared must be individually owned by the licensee, jointly owned by the participants and the licensee, leased individually by the licensee, or leased jointly by the participants and the licensee.
(2) The licensee must maintain access to and control over all stations authorized under its license.
(3) A station may be shared only:
(i) Without charge;
(ii) On a non-profit basis, with contributions to capital and operating expenses including the cost of mobile stations and paging receivers prorated equitably among all participants; or
(iii) On a reciprocal basis, i.e., use of one licensee's stations for the use of another licensee's stations without charge for either capital or operating expenses.
(4) All sharing arrangements must be conducted in accordance with a written agreement to be kept as part of the station records.
(g) Limitations on grandfathered GMRS licenses. GMRS licenses that were issued prior to July 31, 1987 authorized GMRS station operation at specified locations, on specified channels, and with specified antenna height and transmitter power. Grandfathered GMRS licenses authorize only continued operation of those specific stations by these licensees, at the specified locations, channels, antenna heights and transmitting power. The FCC does not accept applications to modify, assign, or transfer grandfathered GMRS licenses (other than administrative updates to change contact information).