TITLE 47--TELECOMMUNICATION (excerpt)
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
PART 95--PERSONAL RADIO SERVICES
Sec. 95.402 (CB Rule 2) How do I use these rules?
(a) You must comply with these rules (See CB Rule 21 Sec. 95.421, for the penalties for violations) when you operate a station in the CB Service from:
(1) Within or over the territorial limits of places where radio services are regulated by the FCC (see CB Rule 5, Sec. 95.405);
(2) Aboard any vessel or aircraft registered in the United States; or
(3) Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company.
(b) Your CB station must comply with technical rules found in subpart E of part 95.
(c) Where the rules use the word "you", "you" means a person operating a CB station.
(d) Where the rules use the word "person," the rules are concerned with an individual, a corporation, a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or other legal entity.
(e) Where the rules use the term "FCC", that means the Federal Communications Commission.
(f) Where the rules use the term "CB station", that means a radio station transmitting in the CB Radio Service.
Sec. 95.403 (CB Rule 3) Am I eligible to operate a CB station?
You are authorized to operate a CB station unless:
(a) You are a foreign government, a representative of a foreign government, or a federal government agency; or
(b) The FCC has issued a cease and desist order to you, and the order is still in effect.
Sec. 95.404 (CB Rule 4) Do I need a license? You do not need an individual license to operate a CB station. You are authorized by this rule to operate your CB station in accordance with the rules in this subpart.
Sec. 95.405 (CB Rule 5) Where may I operate my CB station?
You are authorized to operate your CB station from:
(a) Within or over any area of the world where radio services are regulated by the FCC. Those areas are within the territorial limits of:
(1) The fifty United States.
(2) The District of Columbia.
Caribbean Insular areas
Pacific Insular areas
[list omitted]
(b) Any other area of the world, except within the territorial limits of areas where radio services are regulated by--
(1) An agency of the United States other than the FCC. (You are subject to its rules.)
(2) Any foreign government. (You are subject to its rules.)
(c) An aircraft or ship, with the permission of the captain, within or over any area of the world where radio services are regulated by the FCC or upon or over international waters. You must operate your CB station according to any applicable treaty to which the United States is a party.
Sec. 95.406 (CB Rule 6) Are there any special restrictions on the location of my CB station?
(a) If your CB station is located on premises controlled by the Department of Defense you may be required to comply with additional
regulations imposed by the commanding officer of the installation.
(b) If your C/B station will be constructed on an environmentally sensitive site, or will be operated in such a manner as to raise environmental problems, under Sec. 1.1307 of this chapter, you must provide an environmental assessment, as set forth in Sec. 1.1311 of this chapter, and undergo the environmental review, Sec. 1.1312 of this chapter, before commencement of construction.
How To Operate a CB Station
Sec. 95.407 (CB Rule 7) On what channels may I operate?
(a) Your CB station may transmit only on the following channels (frequencies):
[table omitted]
(b) Channel 9 may be used only for emergency communications or for traveler assistance.
(c) You must, at all times and on all channels, give priority to emergency communication messages concerning the immediate safety of life or the immediate protection of property.
(d) You may use any channel for emergency communications or for traveler assistance.
(e) You must share each channel with other users.
(f) The FCC will not assign any channel for the private or exclusive use of any particular CB station or group of stations.
(g) The FCC will not assign any channel for the private of exclusive use of CB stations transmitting single sideband or AM.
Sec. 95.408 (CB Rule 8) How high may I put my antenna?
(a) Antenna means the radiating system (for transmitting, receiving or both) and the structure holding it up (tower, pole or mast). It also means everything else attached to the radiating system and the structure.
(b) If your antenna is mounted on a hand-held portable unit, none of the following limitations apply.
(c) If your antenna is installed at a fixed location, it (whether receiving, transmitting or both) must comply with either one of the following:
(1) The highest point must not be more than 6.10 meters (20 feet) higher than the highest point of the building or tree on which it is mounted; or
(2) The highest point must not be more than 18.3 meters (60 feet) above the ground.
(d) If your CB station is located near an airport, and if you antenna structure is more than 6.1 meters (20 feet) high, you may have to obey additional restrictions. The highest point of your antenna must not exceed one meter above the airport elevation for every hundred meters of distance from the nearest point of the nearest airport runway. Differences in ground elevation between your antenna and the airport runway may complicate this formula. If your CB station is near an airport, you may contact the nearest FCC field office for a worksheet to help you figure the maximum allowable height of your antenna. Consult part 17 of the FCC's Rules for more information.
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WARNING: Installation and removal of CB station antennas near powerlines is dangerous. For your safety, follow the installation directions included with your antenna.
[48 FR 24894, June 3, 1983, as amended at 55 FR 20398, May 16, 1990]
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