Introduction
ham radio operators are not required to have a license to operate on certain frequencies, as long as they are not transmitting. This includes frequencies in the amateur radio bands, as well as some frequencies in the shortwave and CB bands.
The Legal Framework
The FCC’s Legal Authority
The Commission has statutory responsibility for “the regulation of interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient nationwide and worldwide wire and radio communication service with adequate facilities at reasonable charges.”
The FCC’s Rulemaking Process
The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC’s jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.
The FCC is governed by a five-member Commission appointed by the President with the advice and consent of the Senate for five-year terms. No more than three Commissioners can belong to any one political party. The President designates one Commissioner to serve as Chairman.
The Chairman is responsible for general supervision of the Commission and for executing its orders and decisions. He or she may delegate this responsibility to another Commissioner or to an employee of the Commission.
Commissioners are guided by law, court precedent, and FCC rules and policies in making decisions. They are not bound by the recommendations of staff members or by the wishes of interest groups or members of Congress.
The role of Congress in communications law is twofold. First, Congress has established the overall framework within which the FCC operates through various statutes, including most notably, the Communications Act of 1934. Second, individual members of Congress often play an important role in shaping specific communications legislation and in influencing FCC policy making through their own independent initiatives
The FCC’s Enforcement Authority
The FCC is vested with the responsibility of enforcing the Communications Act of 1934, as amended (Act), and the Commission’s rules and orders. The Communications Act does not impose a general obligation on broadcasters to be accurate or fair in their news coverage. However, the Act contains provisions specifically prohibiting certain practices in connection with broadcast journalism. In addition, certain other statutes not related to broadcasting may apply to broadcasting, depending on the nature of the allegations.
The Amateur Radio Service
The Amateur Radio Service is a service in which amateur radio operators are allowed to communicate with one another for the purpose of self-training, recreation and public service. The frequencies that are available for use by amateur radio operators are known as the amateur radio bands. There are a number of ham frequency bands that are available for use without a license.
What is the Amateur Radio Service?
The Amateur Radio Service is a class of two-way radio communications service that is regulated by the FCC. Amateur radio operators use this service to communicate with other amateur radio operators for personal, non-commercial purposes.
Amateur radio operators must be licensed by the FCC in order to operate an amateur radio station. To obtain a license, amateur radio operators must pass an examination that tests their knowledge of electronic fundamentals, operating procedures, and regulations.
There are three classes of amateur radio licenses: Technician, General, and Extra. The Technician license is the entry-level license, and it allows amateur radio operators to communicate on all frequencies authorized for use by Technician licensees. The General license allows amateur radio operators to communicate on all frequencies authorized for use by General and Technician licensees. The Extra license is the highest level of amateur radio license, and it allows amateur radio operators to communicate on all frequencies authorized for use by all classes of amateur radio licenses.
What are the rules for the Amateur Radio Service?
The FCC has rules for the Amateur Radio Service (ARS) in Title 47 of the Code of Federal Regulations (CFR), Part 97. These rules are designed to promote international harmony and goodwill, as well as to foster advances in the radio art. The rules also set forth certain administrative practices and procedures of the ARS.
The major objectives of the ARS rules are:
-To prevent interference between communicating stations;
-To provide for the efficient use of limited radio spectrum resources;
-To maintain amateur radio as a free and open service, accessible to all persons regardless of their level of expertise;
-To encourage experimentation, self-training, and intercommunication by amateurs in related scientific and technical fields;
-To enhance international goodwill and understanding through amateur radio communications;
-To maintain amateur radio as a reserve communications service to be used during emergencies.
Frequencies Available for Use Without a License
There are several frequencies available for use without a license. The most common frequencies are 162.400 MHz to 162.550 MHz, also known as the National Weather Service (NWS) frequencies. There are also a few other frequencies available, which are listed below.
General Use Frequencies
There are numerous frequencies that can be used without a license, including:
-Button cell batteries: 315, 433.92, 868, 915 MHz
-Citizen’s band (CB) radio: 26.965-27.405 MHz
-FM radio: 87.5-108 MHz
-Industrial, scientific and medical (ISM): 13.56 MHz, 27.12 MHz, 40.68 MHz, 433.05-434.79 MHz, 902-928 MHz
-Marine VHF radio: 156.025-162.425 MHz
-Shortwave radio: 2200-17025 kHz (1.725-29.7125 MHz)
-Television broadcast: 54-88 MHz, 174-216 Mhz, 470-806 Mhz
Satellite communications: 2400
Specific Use Frequencies
There are a number of frequencies that can be used without a license for specific purposes. Some of these frequencies are reserved for specific government agencies, while others can be used by anyone.
-Emergency frequencies: these are set aside for use in life-threatening situations and include emergency medical, fire and police frequencies.
-Amateur radio frequencies: these are available for use by amateur radio enthusiasts and include several bands in the HF, VHF and UHF ranges.
-Citizens band (CB) radio frequencies: these are available for use by the general public for two-way communications. CB radios operate on AM or SSB signals in the HF range.
Conclusion
The amateur radio service is regulated by the Federal Communications Commission (FCC) in the United States. Part 97 of the FCC’s rules and regulations governing amateur radio state that: “No amateur station shall transmit… on any frequency below 144 MHz.”
Therefore, in order to use frequencies below 144 MHz, you must have a license from the FCC.