Inexpensive Hand Held Two Way Radios - The Legalities

Every church with a security team and a facility large enough for team members to be out of hearing and/or sight of each other should use some sort of hand held two way radios. These units are commonly called HT's.

HT's are cheap these days and the quality is good. But, their operation is licensed by the FCC and illegal use can result in stiff fines. Good stewardship requires that you know what your are doing.  While enforcement by the FCC is rare, when it does happen the fines can run anywhere from $10,000.00 to $30,000.00 and up.

There are two types of HT's commonly available in the U.S. These small radios are adequate to serve small church security teams with simple communications needs.  They are programmed to serve two separate FCC licensing schemes. The rules for each have significant differences.  This is complicated by the fact that many if not most HT's are capable of working in both frequency bands.

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The Family Radio Service (FRS) is in the 462 - 467 MHz spectrum range. The most common use for FRS spectrum is short-distance, two-way communications using small, portable hand-held devices that function similar to walkie-talkies. The Family Radio Service (FRS) is licensed by rule. This means an individual license is not required to operate an FRS device. You can operate an FRS device regardless of your age and for personal or business use so long as you are not a representative of a foreign government. The FCC service rules for the Family Radio Service (FRS) are located in 47 C.F.R. Part 95.

FRS radios are limited to 500 milliwatts according to FCC regulations. Channels 1 to 7 are shared with low-power interstitial channels of GMRS, the General Mobile Radio Service. A license is required for those channels if the power output is over FRS limits.

FRS radios frequently have provisions for using sub-audible tone squelch (CTCSSand DCS) codes, filtering out unwanted chatter from other users on the same frequency. Although these codes are sometimes called "privacy codes" or "private line codes" (PL codes), they offer no protection from eavesdropping and are only intended to help share busy channels. Tone codes also do nothing to prevent desired transmissions from being swamped by stronger signals having a different code. FRS rules permit only +/-2.5kHz maximum deviation (NFM).

FRS stations on channels 1 through 7 may communicate with GMRS stations on those shared channels; the GMRS stations may use up to 5 watts of power, while the FRS stations are restricted to 500 milliwatts (half a watt). FRS radios must use only permanently attached antennas, such as walkie-talkies; there are also table-top FRS "base station" radios that have whip antennas. This limitation intentionally restricts the range of communications, allowing greatest use of the available channels. The use of duplex radio repeaters and interconnects to the telephone network are prohibited under FRS rules, unlike other radio services.

The presence of large buildings, trees, etc., will reduce range. Under exceptional conditions, (such as hilltop to hilltop) communication is possible over 60 km (37 mi) or more, but that is rare. Under normal conditions, with line of sight blocked by a few buildings or trees, FRS has an actual range of about 0.5 to 1.5 km (0.3 to 1 mile).

The General Mobile Radio Service (GMRS) is in the 462 - 467 MHz spectrum range. The most common use of GMRS spectrum is short-distance, two-way communications using small, portable hand-held devices that function similar to walkie-talkies.  Similar services include the Family Radio Service (FRS) and the Multi-Use Radio Service (MURS).  In 1988, the FCC adopted rules to limit eligibility for new GMRS systems to individuals, in order to make the service more available to personal users who, unlike businesses, are not eligible to operate in other private land mobile radio services.  In 2010, the FCC proposed to remove the individual licensing requirement for GMRS and instead license GMRS “by rule” (meaning that an individual license would not be required to operate a GMRS device). This proposal is still pending.  An FCC license is required to operate a General Mobile Radio Service (GMRS) system. Licenses are issued for a five-year term and can be renewed between 90 days prior to the expiration date and up to the actual expiration date of the license.

You can apply for a GMRS license if you are 18 years or older and not a representative of a foreign government. If you receive a license, any family member, regardless of age, can operate GMRS stations and units within the licensed system. You can find information about GMRS licenses in the Universal Licensing System (ULS). The ULS radio service code and description for GMRS is ZA – General Mobile Radio Service. The FCC service rules for the GMRS are located in 47 C.F.R. Part 95.

The license extends privileges of the primary licensee to include communications with the licensee's immediate family members, and authorizes immediate family members to use the licensee's station(s) to conduct the activities of the licensee. Additionally, the FCC rules allow GMRS licensees to communicate with other GMRS licensees. GMRS licensees are allowed to communicate with FRS users on those frequencies that are shared between the two services. The rules require each GMRS user family to have a license, rather than (as in the case of commercial and public safety land mobile license) authorizing a licensee's employees to use the same license.

As for other UHF radio services, reliable range is considered to be line-of-sight and the distance to the radio horizon can be estimated based on antenna height. Theoretically, the range between two hand-held units would be about one or two miles (about one and a half to three km); mobile units have higher antennas and a range of around 5 miles (8 km). A GMRS repeater with an antenna that is high above the surrounding terrain can extend the usable range over a wide area – for example, up to a 20-mile radius around the repeater station.[5] Obstructions such as hills and buildings can reduce range. Higher power does not necessarily give a proportional increase in range, although it may improve the reliability of communication at the limits of line-of-sight distance.

The GMRS-only channels are defined in pairs, with one frequency in the 462 MHz range for simplex and repeater outputs, and another frequency 5 MHz higher for repeater inputs. There are eight channels exclusively for GMRS and seven "interstitial" channels shared with Family Radio Service. GMRS use requires an FCClicense, and licensees are permitted to transmit at up to 50 wattson GMRS frequencies, depending on the type of station,[6] but 1 to 5 watts is more common. Units are allowed to have detachable or external antennas.

GMRS licensees are also able to use the first 7 FRS frequencies (the "interstitial" GMRS frequencies) with a few limitations. Specifically, they may be used as long as one-way pages are not transmitted, communications are limited to voice, and transmission power (ERP) does not exceed 5 watts (FCC Code §95.29, section f). This allows GMRS users to transmit on a total of 15 channels. FRS channels 8 through 14 are not available for GMRS use; use of these frequencies requires an FRS transceiver, or a hybrid transceiver operating under FRS rules.[7][8]

Recently, hybrid FRS/GMRS consumer radios have been introduced with 22 channels, instead of the 14 channels associated with FRS. On this type of radio, channels 8-14 are strictly license-free FRS channels. Transmitting on all channels above channel 14 requires a license. Transmitting on the shared FRS/GMRS channels 1-7 requires a license, if using more than ½-watt. It is the responsibility of the radio user to read and understand all applicable rules and regulations regarding GMRS. These hybrid radios are often referred to as "bubble pack" radios, since they are often packed in a plastic shell, for hanging on a display shelf. The massive sales of these radios have led to the term "bubble-pack pirates", persons who use GMRS without a license.[9]

The FCC rules for use of hybrid radios on channels 1-7 require licensing only when operating under the rules that apply to the GMRS.[10] Many hybrid radios have an ERP that is lower than one half watt on channels 1-7, or can be set by the user to operate at low power on these channels. This allows hybrid radios to be used under the license free FRS rules if the ERP is less than one half watt and the unit is certified for FRS operation. Only two makers of hybrid FRS/GMRS radios (Garmin and Motorola) presently sell radios that will operate on the GMRS repeater channels; the common "22 channel" radios cannot be used with GMRS repeaters. The Icom IC-F21GM is a solely-GMRS radio which will also work repeaters.

Use +/-2.5 kHz (NFM) deviation on the FRS shared channels (FRS rules permit only that deviation) and switch to +/-5 kHz (WFM) deviation on the GMRS channels (GMRS is allowed that deviation). Use (NFM) on the FRS channels (1-14) and just (FM or WFM) for the GMRS channels (15-22). Note the use of WFM and NFM in this discussion can be confusing as historically, +/-5 kHz (25 kHz channel BW) has been considered a narrow band emission.

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What does this all mean to me?  If I were the security director for a small church where this level  of equipment might work, I would conduct a site check to make sure that I had reliable communications with every part of the property on Channels 8-14, the low power, no license channels.  I would also make absolutely sure that the radio units were properly programmed to the low power setting.  Obviously, the time to do this is before you buy radios.  These radios are so common that you should be able to borrow a pair easily to conduct your tests.  If Channels 8-14 on low power won't work for you, I would test again using the higher power GMRS frequencies. If they work, you will need to apply to the FCC for a license.  The cost is $85.00 and there is no test. 

All of this only applies to relatively small churches.  Churches with buildings much over two stories, with large steel reinforcement construction and a large area may require more powerful, more specialized commercial radio equipment.  Churches with a large campus may require more powerful equipment.  This type of equipment will be discussed in another blog post.

A final warning.  As previously noted, while enforcement by the FCC in these frequency ranges is spotty it can be very expensive if you are caught operating illegally.  Also, it has become common practice to use much more powerful Amateur Radios programmed to these frequencies.  While an FCC License is not required to purchase or own these units, a LICENSE IS REQUIRED TO TRANSMIT ON THEM unless they are very carefully programmed to stay within the license free bands and the operator knows enough about the unit to avoid illegal transmissions on other bands.

Units of this type are very useful for senior or supervisory security personnel for monitoring local weather conditions and emergency communications by government agencies. But, they are legal for use in the unlicensed frequency bands only so long as they are programmed to the power limitations of that band and the operator knows NOT TO TRANSMIT on the frequencies that are covered by other licensing schemes. Since it  is possible to program these radios to monitor local police department, fire service, ambulance service and national weather service frequencies, an inexperienced operator could get in serious trouble by simply pushing the transmit button by mistake on the wrong band.

For example, in much of the Midwest, the best and most up to date weather information is available by monitoring the frequencies shared by licensed radio amateurs working as storm spotters and civil defense authorities. This information is very useful to local security directors tasked with the responsibility of storm preparedness for their church.  But, traffic on these frequencies during storm season is heavy and carefully monitored.  An accidental transmission by an unlicensed operator could be found quickly by local amateurs who administer these radio nets and rest assured they will report the matter to the FCC.   Again, so long as you only listen there is no problem. But, if an inexperienced operator becomes confused and accidentally transmits on one of these frequencies, criminal charges and stiff fines could occur.