And The Discussions Continue: 47CFR95.129 revisited

[PastorGary]

This link below is for reference reading and the link adds to the discussion that many persons have had over the years regarding Part 90 ONLY certified equipment being used in Part 95 service.

 

This link was provided by one of our members (thank you) and it details a long back and forth discussion at "Popular Wireless" from 2004. The official rules in Part 95 have not changed since this 2004 discussion took place, therefore it is still applicable to today's operations.

 

It contains statements from an official agency source that should be looked at very carefully and please read the entire discussion top to bottom.

 

This is for reference reading as you have time >>>

 

http://www.popularwireless.com/ubb/Forum6/HTML/001002.html

 

 

We are also asking this ongoing question again - "Can any member here at the forum DOCUMENT that ANY licensed GMRS operator has ever been cited by the agency for using Part 90 ONLY equipment in Part 95 service?"

 

We are looking for official documentation, not hearsay, opinions or conjecture... just verifyable citation facts, if they exist, from legal case history. Please reference any citation documents in this thread.

 

Thank you.

 

MyGMRS Mod Staff

[PastorGary]

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We are adding additional info links to this thread as we find them. In the following link, scroll down to "Access Permission" sub section   for an eye opening statement from a large regional organization:

 

http://www.northgeorgiagmrs.com/membership/memorandum-of-understanding/

 

 

We are currently evaluating all policies here at MyGMRS for possible modification - (if and when we find that the strictest interpretation of commission rules is not so strict after all, and using Part 90 only equipment is not netting licensed GMRS users citations or fines, then we may possibly allow Part 90 equipment discussions again. However, we are not at that point as yet.)

 

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[Guest spd641]

On a side note we are NOT here to condemn anybody for their choice of radio,we like to see those who visit the site to be aware of the rules and hopefully provide those with the information they seek.If someone post information that is questionable or a gray area we will do our best to check into it and not to dispute others comments but to find a suitable explanation or answer,remember we are here to assist whenever possible and call upon us when the need arises with any question or problem you may have...William

[unit14]

You will notice that a specific radio is type accepted for only one service and that's that. My Motorola units are not accepted for Ham, FRS or GMRS. My Yasue's are Ham only and the front panel programming will only allow transmitting on Ham frequencies. My CCR is, in my opinion, totally illegal except for some reason, has type acceptance for business. Yet it is front panel programmable on PD and Fire channels. For FRS it has a removable antenna which is against FCC regulations.
That said, even though you have to get a GMRS license, most purchasers of GMRS bubble-paks do not. I think the FCC is lucky that enough of us do. Avoid the Ham test, pay a lot more, get half the license time. I know I'm rambling but it's good to see that at least some people take a FCC license seriously. I got this current GMRS license just to XXXX around with what will soon be included in unregulated spectrum. I also have licenses on low and high VHF, UHF plus my extra ticket.
All I'm saying is, try to follow the rules and keep your radios in the service they were meant for.

[zap]

You will notice that a specific radio is type accepted for only one service and that's that. My Motorola units are not accepted for Ham, FRS or GMRS. 

 

Not quite true. Look at the FCC ID for a Motorola GP300 (90/95), Icom F21 (90/95), Kenwood TK-880 (90/95), Motorola M1225 (90/95), nearly all of the Kenwood TKR-8XX repeaters, they are out there. 

 

A man with an extra ticket should seriously reconsider his closing statement. Many hams run Part 90 equipment (most of it is better built). Hams even have P25 and DMR repeaters up…I wonder how that works. Not to mention, 33 cm only has one Part 97 radio option (most of 1.25m and 33 cm is made up of Part 90 equipment).