§  95.1705   Individual licenses required; eligibility; who may operate;
cooperative use.

   A valid individual license is required to operate a GMRS station. To
   obtain an individual license, an applicant must be eligible and follow
   the applicable rules and procedures set forth in this subpart and in
   part 1 of this chapter, and must pay the required application and
   regulatory fees as set forth in part 1, subpart G of this chapter.

   (a) Eligibility. This paragraph contains eligibility requirements for
   individual licenses in the GMRS.

   (1) Only an individual who is at least 18 years old and who meets the
   requirements of § 95.305 is eligible to obtain a new individual GMRS
   license.

   (2) Any person that holds a valid individual license is eligible to
   obtain a renewed license, or a modified license to reflect a change of
   name or address.

   (b) Individual licensee responsibility. The holder of an individual
   license to operate GMRS stations is responsible at all times for the
   proper operation of the stations in compliance with all applicable
   rules in this part.

   (c) Individuals who may operate a GMRS station. This paragraph
   establishes who may operate a GMRS station under the authority of an
   individual license.

   (1) Any individual who holds an individual license may operate his or
   her GMRS stations.

   (2) Any individual who holds an individual license may allow his or her
   immediate family members to operate his or her GMRS station or
   stations. Immediate family members are the licensee's spouse, children,
   grandchildren, stepchildren, parents, grandparents, stepparents,
   brothers, sisters, aunts, uncles, nieces, nephews, and in-laws.

   (3) Any individual who holds an individual license may allow anyone to
   operate his or her GMRS station if necessary to communicate an
   emergency message.

   (4) Any non-individual person that holds a grandfathered GMRS license
   may allow individuals to operate its grandfathered GMRS station(s) only
   in accordance with the following paragraphs:

   (i) A partnership may allow its partners and employees to operate its
   GMRS station(s).

   (ii) A corporation may allow its officers, directors, members and
   employees to operate its GMRS station(s).

   (iii) An association may allow its members and employees to operate its
   GMRS station(s).

   (iv) A governmental unit may allow its employees to operate its GMRS
   station(s).

   (d) Individual licensee duties. The holder of an individual license:

   (1) Shall determine specifically which individuals, including family
   members, are allowed to operate (i.e., exercise operational control
   over) its GMRS station(s) (see paragraph (c) of this section);

   (2) May allow any person to use (i.e., benefit from the operation of)
   its GMRS repeater, or alternatively, may limit the use of its GMRS
   repeater to specific persons;

   (3) May disallow the use of its GMRS repeater by specific persons as
   may be necessary to carry out its responsibilities under this section.

   (e) Individual license term. Each individual license in the GMRS will
   normally have a term of ten years from the date of grant or renewal,
   and may be renewed pursuant to the procedures in part 1 of this
   chapter. The FCC may grant a shorter license term at renewal as a
   sanction for violation of the FCC rules.

   (f) Cooperative use of GMRS stations. GMRS licensees may share the use
   of their stations with other persons eligible in the GMRS, subject to
   the conditions and limitations in this paragraph.

   (1) The GMRS station to be shared must be individually owned by the
   licensee, jointly owned by the participants and the licensee, leased
   individually by the licensee, or leased jointly by the participants and
   the licensee.

   (2) The licensee must maintain access to and control over all stations
   authorized under its license.

   (3) A station may be shared only:

   (i) Without charge;

   (ii) On a non-profit basis, with contributions to capital and operating
   expenses including the cost of mobile stations and paging receivers
   prorated equitably among all participants; or

   (iii) On a reciprocal basis, i.e., use of one licensee's stations for
   the use of another licensee's stations without charge for either
   capital or operating expenses.

   (4) All sharing arrangements must be conducted in accordance with a
   written agreement to be kept as part of the station records.

   (g) Limitations on grandfathered GMRS licenses. GMRS licenses that were
   issued prior to July 31, 1987 authorized GMRS station operation at
   specified locations, on specified channels, and with specified antenna
   height and transmitter power. Grandfathered GMRS licenses authorize
   only continued operation of those specific stations by these licensees,
   at the specified locations, channels, antenna heights and transmitting
   power. The FCC does not accept applications to modify, assign, or
   transfer grandfathered GMRS licenses (other than administrative updates
   to change contact information).