§  97.5   Station license required.

   (a) The station apparatus must be under the physical control of a
   person named in an amateur station license grant on the ULS
   consolidated license database or a person authorized for alien
   reciprocal operation by § 97.107 of this part, before the station may
   transmit on any amateur service frequency from any place that is:

   (1) Within 50 km of the Earth's surface and at a place where the
   amateur service is regulated by the FCC;

   (2) Within 50 km of the Earth's surface and aboard any vessel or craft
   that is documented or registered in the United States; or

   (3) More than 50 km above the Earth's surface aboard any craft that is
   documented or registered in the United States.

   (b) The types of station license grants are:

   (1) An operator/primary station license grant. One, but only one,
   operator/primary station license grant may be held by any one person.
   The primary station license is granted together with the amateur
   operator license. Except for a representative of a foreign government,
   any person who qualifies by examination is eligible to apply for an
   operator/primary station license grant.

   (2) A club station license grant. A club station license grant may be
   held only by the person who is the license trustee designated by an
   officer of the club. The trustee must be a person who holds an Amateur
   Extra, Advanced, General, Technician Plus, or Technician operator
   license grant. The club must be composed of at least four persons and
   must have a name, a document of organization, management, and a primary
   purpose devoted to amateur service activities consistent with this
   part.

   (3) A military recreation station license grant. A military recreation
   station license grant may be held only by the person who is the license
   custodian designated by the official in charge of the United States
   military recreational premises where the station is situated. The
   person must not be a representative of a foreign government. The person
   need not hold an amateur operator license grant.

   (4) A RACES station license grant. A RACES station license grant may be
   held only by the person who is the license custodian designated by the
   official responsible for the governmental agency served by that civil
   defense organization. The custodian must be the civil defense official
   responsible for coordination of all civil defense activities in the
   area concerned. The custodian must not be a representative of a foreign
   government. The custodian need not hold an amateur operator license
   grant.

   (c) The person named in the station license grant or who is authorized
   for alien reciprocal operation by § 97.107 of this part may use, in
   accordance with the applicable rules of this part, the transmitting
   apparatus under the physical control of the person at places where the
   amateur service is regulated by the FCC.

   (d) A CEPT radio-amateur license is issued to the person by the country
   of which the person is a citizen. The person must not:

   (1) Be a resident alien or citizen of the United States, regardless of
   any other citizenship also held;

   (2) Hold an FCC-issued amateur operator license nor reciprocal permit
   for alien amateur licensee;

   (3) Be a prior amateur service licensee whose FCC-issued license was
   revoked, suspended for less than the balance of the license term and
   the suspension is still in effect, suspended for the balance of the
   license term and relicensing has not taken place, or surrendered for
   cancellation following notice of revocation, suspension or monetary
   forfeiture proceedings; or

   (4) Be the subject of a cease and desist order that relates to amateur
   service operation and which is still in effect.

   (e) An IARP is issued to the person by the country of which the person
   is a citizen. The person must not:

   (1) Be a resident alien or citizen of the United States, regardless of
   any other citizenship also held;

   (2) Hold an FCC-issued amateur operator license nor reciprocal permit
   for alien amateur licensee;

   (3) Be a prior amateur service licensee whose FCC-issued license was
   revoked, suspended for less than the balance of the license term and
   the suspension is still in effect, suspended for the balance of the
   license term and relicensing has not taken place, or surrendered for
   cancellation following notice of revocation, suspension or monetary
   forfeiture proceedings; or

   (4) Be the subject of a cease and desist order that relates to amateur
   service operation and which is still in effect.

   [ 59 FR 54831 , Nov. 2, 1994, as amended at  62 FR 17567 , Apr. 10, 1997;
    63 FR 68977 , Dec. 14, 1998]