Must family live with you to operate under your license?

[mwaggy]

Hi all,

 

I've been a ham for about 15 years, but just got my GMRS license the other day. I wanted to clarify something, because what I've heard and what the rules say don't seem to match up.

 

I've frequently seen it said that your GMRS license covers "your household." However, §95.179 never uses the word 'household,' and instead references "immediate family members." https://www.law.cornell.edu/cfr/text/47/95.179

 

Could I, for example, give a radio to my (adult) brother who lives in another town and have us communicate just under my license? My reading of the rules suggests that this is permitted, but it's quite different from how I had understood it. The fact that he doesn't live with me appears wholly irrelevant.

[n4gix]

The "members of your family" do not have to share your residence.

[mwaggy]

Thanks! That's what I suspected, but I didn't want to run afoul of anything.

[jwilkers]

I personally wouldn't let someone outside my household use my call. If someone were to misbehave, it could come back on me. Now, if we were all together, no problem.

 

Sent from my LG-D631 using Tapatalk

[jmoylan69]

95.179 sections 1-7 do not state that immediate family must reside with you. the language is specific

 

§ 95.179 Individuals who may be station operators.

(a) An individual GMRS system licensee may permit immediate family members to be station operators in his or her GMRS system. Immediate family members are the:

(1) Licensee;

(2) Licensee's spouse;

(3) Licensee's children, grandchildren, stepchildren;

(4) Licensee's parents, grandparents, stepparents;

(5) Licensee's brothers, sisters;

(6) Licensee's aunts, uncles, nieces, nephews; and

(7) Licensee's in-laws.

 

 

 

there is no place listed under this ruling that states they must or shall be domiciled in the same household. what is said is that you may allow those listed to be operators of "his or her system"...system would include handhelds repeaters etc. 

 

the FCC set the case for what they are declaring immediate family members, having listed aunts, uncles and nieces etc as well as "in-laws"...so how likely is it that the in-laws will be living in your house?

[ASRM]

I sure wouldn't want mine living under my roof.

[mwaggy]

I sure wouldn't want mine living under my roof.

 

I was pretty sure it wasn't household-only, but I didn't think about the bit about in-laws and uncles as further evidence of that.

[Hans]

The old rules used to read immediate family members in your household. That has since been changed. I think that is where the confusion keeps coming about for people. The rules used to say in the same household but now do not. As long as they are relation specified in the rules, they are good.

[ASRM]

Someone posted on a Yahoo GMRS list that Non-Profits could also operate, I am pretty sure that is not the case. I wish I could find that post.

[n4gix]

GMRS is only licensable by individuals, period. An individual's "family" does not extend to anyone outside even that generously defined extended family.

[jmoylan69]

Just to add substance (if needed) to what N4GIX just mentioned, here is that FCC reg that clarifies or states such.

47 CFR

§ 95.5 Licensee eligibility.

(a) An individual (one man or one woman) is eligible to obtain, renew, and have modified a GMRS system license if that individual is 18 years of age or older and is not a representative of a foreign government.

( A non-individual (an entity other than an individual) is ineligible to obtain a new GMRS system license or make a major modification to an existing GMRS system license (see§ 1.929 of this chapter).

 

 

however, companies in the PAST used to be able to be licensed under GMRS. you can do a search on the FCC database and see this be the case where a company name will show up, however, all that i have seen are long long since expired.

[ASRM]

GMRS is only licensable by individuals, period. An individual's "family" does not extend to anyone outside even that generously defined extended family.

 

 

 

Just to add substance (if needed) to what N4GIX just mentioned, here is that FCC reg that clarifies or states such.

47 CFR

§ 95.5 Licensee eligibility.

(a) An individual (one man or one woman) is eligible to obtain, renew, and have modified a GMRS system license if that individual is 18 years of age or older and is not a representative of a foreign government.

( A non-individual (an entity other than an individual) is ineligible to obtain a new GMRS system license or make a major modification to an existing GMRS system license (see§ 1.929 of this chapter).

 

 

however, companies in the PAST used to be able to be licensed under GMRS. you can do a search on the FCC database and see this be the case where a company name will show up, however, all that i have seen are long long since expired.

 

 

I pretty much figured that, I think whomever had posted that (I want to say at RR) must have been quoting older rules.

 

Thanks for the clarification. I run a non-profit (Australian Shepherd dog rescue) in about 3 states and currently run them on Itinerant for events (all portable). I was like wow, would that save some $$$'s. 

[jmoylan69]

I sure wouldn't want mine living under my roof.

LOL no kiddin huh....

[mainehazmt]

LOL no kiddin huh....

. Yea but they come back at times and bring more!

[Guest spd641]

 

Just to add substance (if needed) to what N4GIX just mentioned, here is that FCC reg that clarifies or states such.

47 CFR

§ 95.5 Licensee eligibility.

(a) An individual (one man or one woman) is eligible to obtain, renew, and have modified a GMRS system license if that individual is 18 years of age or older and is not a representative of a foreign government.

( A non-individual (an entity other than an individual) is ineligible to obtain a new GMRS system license or make a major modification to an existing GMRS system license (see§ 1.929 of this chapter).

 

 

however, companies in the PAST used to be able to be licensed under GMRS. you can do a search on the FCC database and see this be the case where a company name will show up, however, all that i have seen are long long since expired.

 

The rules years ago allowed business to operate on GMRS before the name changed from Class A Citizens Radio Service and those were grandfathered in unless they let their license expire.I have one guy a few counties away that had a license since the 1800s I believe.

 

He had been taking advantage of GMRS and was basically selling radios to anyone and covering them under his license and selling air time to the county wide transportation system and they were non-stop chatter from 7 am-5 pm rendering the frequency useless to licensed users.I did some checking and he had several police using it at night as a chit chat channel plus he had it set up with multiple PL tones so it was hit or miss to try and find a free tone.

 

I got so tired of not being able to use the frequency that I actually called the guy out on the air and advised him it was illegal for him to be using GMRS as he was.I received a immediate reply over the radio saying please call me on the phone and let's talk about it.

 

I have not heard them in years but to blatantly set up a government entity and everyone in the town  on a GMRS frequency unlicensed and knowingly do it and getting called out for doing it would cause some embarrassment especially with the wide area repeater he was employing...William

[DonSuter]

Subpart A—General Mobile Radio Service (GMRS)

 

Source: 48 FR 35237, Aug. 3, 1983, unless otherwise noted.

 

{C}{C}{C} Back to Top

 

§95.1   The General Mobile Radio Service (GMRS).

 

(a) The GMRS is a land mobile radio service available to persons for short-distance two-way communications to facilitate the activities of licensees and their immediate family members. Each licensee manages a system consisting of one or more stations.

 

( The 218-219 MHz Service is a two-way radio service authorized for system licensees to provide communication service to subscribers in a specific service area. The rules for this service are contained in subpart F of this part.

 

 

 

 

​This the first part of the GMRS rules.  I would therefore believe that the licences covers the radios operated by immediate family members.  I did not find anything of interest in Sub-part 7.  The fact that the licensee can operate one or more stations seams to say that members of their family's are included.

[n4gix]

I did not find anything of [/size]interest in Sub-part 7.  The fact that the licensee can operate one or more stations seams to say that members of their family's are included.

See §95.179 Individuals who may be station operators.

 

(a) An individual GMRS system licensee may permit immediate family members to be station operators in his or her GMRS system. Immediate family members are the:

 

(1) Licensee;

 

(2) Licensee's spouse;

 

(3) Licensee's children, grandchildren, stepchildren;

 

(4) Licensee's parents, grandparents, stepparents;

 

(5) Licensee's brothers, sisters;

 

(6) Licensee's aunts, uncles, nieces, nephews; and

 

(7) Licensee's in-laws.

[dgnielson]

If I still had kids at home, I would buy them GMRS radios instead of cellphones. A heck-of-a-lot cheaper now!

 

I knew a family with 5 kids, years ago before cellphones, where the parents both had their ham license. They had a rule for the kids that before they could get their Driver License, they had to have their amateur radio license. They strictly enforced it - all of the kids became hams!

[jwilkers]

I have a daughter who has friends in radio range. Radios are very handy. She gets tongue tied on the callsign a LOT though

[WQYC236]

My family is scattered out to about 25 miles away and the three kids use my license to keep track of each other in bad weather etc. We basically set it up as an emergency back up communications system that would cover the three towns where they live. With the local repeater up about 1200 feet we can stay in touch for about 60-70 miles mobile to mobile. If the repeater goes down (as in an EMP/CME) we all have a "hill" within walking distance of each home that would still allow us to make contact once a day at a pre-set time.