Some guy that scans lots of channels, and apparently looks for these kinds of things
sent said group a letter pointing out that any ground based radios must be licensed with the FCC for use - even on a CTAF or Unicom frequency. So, I really didn't want to do this, but as a member of that group, I got assigned (why...?) the very unsavory task of researching this. So a few phone calls later I'm confused and annoyed. It seems that the FCC would require even a handheld, perhaps used by a CFI, to be licensed as a ground station in order to be legally used on CTAF. However, it looks to me like a CFI might not even meet the "eligibility" requirements for that license, and might be assigned a frequency that would be unhelpful for say a student solo...
Anyone here have more knowledge of the subject?
Oh, and we MAYBE use that frequency (which is published on the FAA charts...) for fly-ins or stuff maybe a total of 25 hours a year - if that!
Yes, he's correct. All radios utilized in Aviation band service must have a station license or be specifically exempted.
"Hand-held Aviation VHF Radio: You may only use your hand-held aviation VHF radio from your aircraft, or under the authority of an FCC ground station authorization. Ground station authorizations are usually only issued to aviation service organizations located on airports, businesses engaged in pilot training, aircraft manufacturers, or persons engaged in chase activities related to soaring and ballooning."
If you're operating the handheld radio under the authority of the radio station license issued to the entity holding the UNICOM license (Aviation Fixed) and their license allows such operation, you're good. You need to check with the UNICOM station licensee.
But, usually the reason activities other than UNICOM are moved to another frequency and a license is NOT granted to be on the UNICOM frequency is that mobile and hand-held radios are notorious for having "stuck mic" problems, and the FCC even recognizes that in their license scheme. They'd prefer NOT to set you up for an hour of "no one can talk on the UNICOM" because some volunteer has his HT jammed in his butt jeans pocket with the PTT keyed and no one can figure out that he's gone off-field to lunch at McDonald's.
So there really is a good reason NOT to have operations on the UNICOM frequency.
In addition, the FCC clearly states that the UNICOM station(s) are to talk to AIRCRAFT, and never to each other. If you're using the HTs to talk to each other, that's not the purpose and scope of the Aviation band radio service, that's Land Mobile Radio, and requires different radio gear.
There is also a "Special Issuance" available for situations like you're talking about, when doing temporary events like airshows, fly-ins, etc. These are usually MULTICOM and not on the UNICOM frequency, which is considered an "ATC" frequency by the FCC in some ways. Any of the large airshows will have a communications person on staff who knows how to apply for the appropriate licenses, and it's in their budget. Many of the larger airshow teams also have on-board radios in both the Aviation and Land Mobile licensing realms for coordination of their show activities with their ground crews.
Anyway, best advice is -- everything you need to know is in 47 CFR Part 87. Here's one online copy I found via Google, there are probably better ones that aren't advertising-laden...
http://law.justia.com/us/cfr/title47/47-5.0.1.1.2.html
And if you want a real laugh, see if you think FBOs are following 47 CFR 87.109 while you're there.
The really fascinating section is 87.127, which covers frequencies, and shows how many "other" things are on board many aircraft.
And this one...
"47 CFR 87.213 (b)(1) Unicom transmissions must be limited to the necessities of safe and expeditious operation of aircraft such as condition of runways, types of fuel available, wind conditions, weather information, dispatching, or other necessary information. At any airport at which a control tower, control tower remote communications outlet station (RCO) or FAA flight service station is located, unicoms must not transmit information pertaining to the conditions of runways, wind conditions, or weather information during the hours of operation of the control tower, RCO or FAA service station.
It makes sense, but it's an interesting items since it's actually codified into law that... UNICOMs are specifically BANNED from providing information that the FAA has "official" versions of, if there's an RCO or other way to reach them from an airport. Written long-prior to the outsourcing of such services to LockMart.
I'm sure the last time I called a UNICOM, the operator dutifully logged the contact, and never gave me any information I could get from the FAA.
Many have said the FCC won't prosecute... I would say, just like the FAA... you'll never know when you might get "ramp checked". The FCC Field Offices are low on staff these days, and chasing more important things most of the time, but like the FAA... all it takes is the right "phone call" from someone to the field office alleging anonymously that you're in violation and don't have licenses and... a friendly FCC Field tech could show up in one of their nifty monitoring vans. Why mess with it, just get appropriately licensed, I say. It's relatively inexpensive, and the licenses last 10 years.
http://wireless.fcc.gov/services/index.htm?job=service_home&id=ground_stations
Now this isn't someone who used Aviation band radios, but here's an example of the FCC getting a lot of money out of an aviation organization who didn't pay attention to the licensing issues as they grew...
http://www.fcc.gov/eb/Orders/2008/DA-08-1451A1.html
The typical "voluntary donation" (read: fine) from the FCC is $10,000 for most infractions these days...
Make sure you've created a way to appoint "clergy" and an official "training program", and watch how fast the application flies through the process. (Pun intended.) Government won't mess with religious groups applying for licenses, typically.