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Did You Know?
FCC Licensing

Every time we think we've heard it all, something happens that proves that the general public awareness for an FCC license to operate 2-way radio is something less that expected. Here are just a few examples of smart people doing dumb things.
 
Case number one, a municipal police department had been operating on an expired license since 2002. They refused to do anything to correct the problem. Another user, this time a fire department, bought some radios from us. When we asked for his frequency information, he said he didn't know - HE GOT THEM FROM RADIO SHACK!

Before proceeding further, please let us clarify the issue of licensing.  In the USA, the use of RF transmitting devices (which includes 2-way radio) is conditioned on three factors.  First, the device to be used must be Type Accepted by the FCC.  This means the device has been tested an approved for use applicable to the intended purpose.  A case in point of of violation is the purchase of a radio approved for Amateur (Ham) use that has been modified for use on public safety or commercial frequencies.  That is a clear violation of the FCC rules which can result in severe fines and penalties.   A similar violation would be the use of a device approved for high power operation applicable to commercial and public safety use that is used on a personal license free service such as FRS or MURS at power levels exceeding the authorized maximum for unlicensed services.

The second factor applicable to FCC licensing is the requirement to use the equipment only for the purpose authorized by the license.  An example of a potential violation would be the use of a radio licensed for GMRS personal use for non-personal commercial, governmental, or public safety use.  GMRS is for personal use only.  It can NOT be used for any other activity which specifically excludes churches, hospitals, and schools.  GMRS is ONLY for personal and family use and the use of GMRS frequencies requires application and issuance of an FCC license. There are NO exceptions. For additional information on GMRS, please go to www.info4u.us/FCCPrimer.pdf.

The third factor applicable to FCC licensing is the absolute requirement for all commercial, governmental, and public safety users to operate only on frequencies authorized for use by the applicable entity or subordinate to use of a frequency grant to another party subject to a WRITTEN agreement with the stipulation that all communications will be subject the the applicable FCC Rules and Regulations pertaining to the authorization issued to the license holder. Additional information on licensing for commercial, non-profit, and government user is available from Falcon Direct at www.info4u.us/FCC_Licensing_Services.pdf. 

 

The majority of those visiting this web page will be industrial, institutional, and transportation users since  we believe that NXDN is the defacto standard for non-public safety communications.  Accordingly, let's deal with the issue of FCC licensing as it applies to public safety users based on three assumptions.  First, all public safety users must be licensed by the FCC for operation of P25 radios.  Second, you have a choice of simplex (Base-mobile-portable operation) or repeater operation for extended range between base, mobile, and portable radios).  You can also use a combination of simplex and repeater frequencies which will be explained later.  Lastly, it is necessary to pay a fee for submission, coordination, and issuance of an FCC license with the fee depending of whether you are a governmental agency (State, County, or Municipal), non-profit (Rescue Squads, VFD's etc.) or private enterprise (Commercial ambulance, wrecker service etc.)

 

Go to www.info4u.us/FCC_Licensing_Services.pdf for additional information.  The fees listed on this site assume that we are providing licensing services only.  If you are a Falcon Direct user or prospective customer for communications products, you are entitled to a 10% discount.  Here is an example.

 

Let's assume you are a manufacturing plant (for-profit entity) and you want to be licensed for five UHF frequencies for on-site use.  Using the information in the aforementioned guide, we determine that your cost is $940 less a 10% discount for a total of $846.

  

Your next step would be to go back to our Licensing Services Guide at the web address listed below.  On the last page is an form to be completed an mailed or faxed to us along with your payment for applicable services.  Enclose mail check payable to Falcon Direct, Inc for applicable amount, a signed FCC Form 601 last page, available at www.info4u.us/FCC_Form_601.pdf and the application form to:  

Falcon Direct - #36 - 20th Avenue NW, Birmingham, AL 35215 or email to sales@falcondirect.com or fax to 205.853.6178 if you will be paying by credit card (American Express, Discover, MasterCard or VISA).  If you have an existing license, whether current, expired, or requiring modification, please fax a copy to 205.853.6178.

We should point out that there are other regulatory agencies involved in the operation of 2-way radios.  In particular, you should be aware of HIPAA (patient privacy issues) in you are involved in emergency rescue services.  One example of what NOT to do is the following example.

 

A major hospital was looking for radios to be used in the Emergency Room and rejected compliant alternatives. They were shown commercially available radios that could be legally licensed by the FCC while simultaneously addressing the HIPAA patient privacy rights requirements . They chose to purchase inexpensive GMRS radios that are illegal for commercial use. Their supplier told them it was no big deal - everybody does it! What he didn't tell them was that a single violation of FCC regulations can cost the violator up to $10,000 PER DAY, blacklisted from obtaining a license, and even the potential of imprisonment! The penalties for HIPAA violations can be even worse. Additional information on FCC licensing is available at www.info4u.us/FCCInfo.pdf. Additional information on HIPAA (primarily of interest to those who provide patient transport services and hospitals) is available on the Internet at www.hhs.gov/ocr/hipaa.  

 

So what were the reasons given for making this illegal purchase? The radios were smaller (because the batteries are too small to make a full shift) and they came in cool colors. As it later turned out, these consumer radio were not designed, nor will they perform to commercial and/or public safety standards.

As a responsible vendor, we have an obligation to give you the facts and to assist you if you wish. This may not come under a maintenance classification, but it certainly involves SERVICE!  If you have questions about licensing, come to the source for factual information.......

 

Falcon Direct
At your service!