UNLESS it is an emergency. FCC allows for emergency radio transmissions w/o a license. I have an amateur radio license.
Private airports
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Sorry, but most likely the FAA today is following the recommendations that will eventually become the rule. (according to my local FSDO)
According to the FAA NPRM of Part 107 line 13 of the Operational limitations, it says:
- Operations in Class B, C, D and E airspace are allowed with the required ATC permission.
https://www.faa.gov/regulations_policies/rulemaking/media/021515_sUAS_Summary.pdf
Sorry again! Since October 25, 1996, the FCC released a Report and Order in WT Docket No. 96-82 eliminating the individual licensing requirement for all aircraft, including scheduled air carriers, air taxis and general aviation aircraft operating domestically.
I own two portable aircraft radios within the last 15 years and there has been no requirement to have a license for these type radios.
http://wireless.fcc.gov/services/index.htm?job=licensing&id=aircraft_stations
You should read the whole paragraph:
On October 25, 1996, the FCC released a Report and Order in WT Docket No. 96-82 (text) eliminating the individual licensing requirement for all aircraft, including scheduled air carriers, air taxis and general aviation aircraft operating domestically. This means that you do not need a license to operate a two-way VHF radio, radar, or emergency locator transmitter (ELT) aboard aircraft operating domestically. All other aircraft radio stations must be licensed by the FCC either individually or by fleet.
Only the station license for radios aboard an aircraft don't need a separate license.
Then your local FSDO is making up nonexistent rules.
Part 107 rules are not finalized, so they can't be enforced. They don't yet exist. Besides that, Part 107 rules are for commercial drone operations. Hobby flight will still be governed by AC 91-7 which says: "Notify".
I guess you are correct. The use of a handheld radio aboard an aircraft is permitted without a license. On the ground, it requires a permit.
Throughout the years I have seen many Instructors (CFIs) use a handheld radio to communicate with a student in a first solo.
I was also confused by an Amendment to FCC Part 87 which I understood to have settle the issue in 1999:
"III. CONCLUSION
34. In view of the foregoing, we are amending Parts 17 and 87 of the rules to: (1) permit the operation of automated unicom stations, (2) facilitate the transmission of differential GPS augmentation data to aircraft, (3) allow ground crews at airports to communicate directly with flight crews using aeronautical enroute frequencies, and (4) incorporate, by reference, two revised FAA Advisory Circulars concerning antenna structure painting and lighting. These amendments will improve air safety by facilitating the implementation of state-of-the-art radio technologies promoting operational flexibility in the Aviation Services and will unify federal guidelines concerning the painting and lighting of antenna structures."
The full document also appears on the FCC website as a text file...
https://transition.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99040.txt
I searched for AC 91-7 and I am sorry, but I could not find it.
Any way the FAA has issue an "Interpretation of the Special Rule for Model Aircraft" for the "special rule for model aircraft in section 336 of the FAA Modernization and Reform Act of 2012"
and it basically says:
"Finally, the statute sets a requirement for model aircraft operating within 5 miles of an airport to notify the airport operator and control tower, where applicable, prior to operating.
If the model aircraft operator provides notice of forthcoming operations which are then not authorized by air traffic or objected to by the airport operator, the FAA expects the model aircraft operator will not conduct the proposed flights. The FAA would consider flying model aircraft over the objections of FAA air traffic or airport operators to be endangering the safety of the NAS.
Additionally, we note that following this 5-mile notification procedure would be read in conjunction with FAA rules governing airspace usage discussed below."
This is clear to me.
To read the whole text, please visit here:
http://www.faa.gov/uas/media/model_aircraft_spec_rule.pdf
You are reading the FAA's interpretation of Section 336 of the FAA Modernization and Reform Act of 2012.
In August 2014, three separate legal challenges to the FAA's Interpretation ("Petitions for Review") were filed in the D.C. Circuit Court of Appeals by attorney Brendan Schulman, on behalf of several Petitioners. The court granted a Motion for Abeyance. Under the terms of the Court's granting of the Motion for Abeyance, the FAA is required to provide 90-day updates on its comment review process. And if the FAA attempts to enforce anything it purports to require or restrict under the Interpretation, (such as its claimed ban on commercial operations), all bets are off and the original case may proceed. As of February 12, 2015, the FAA has stated that it had not even begun to analyze the public comments.
See details [here]
Until the FAA finishes analyzing the comments to the Petitions for Review, they cannot enforce Section 336 as rules. My guess is that they are just going to ride out the clock in this because when the Part 107 rules are finalized, the text of Section 336 will be codified.
For now AC 91-57 is the guidelines for hobby flight and all that is required is notification of flights near an airport.
A Google search for "AC 91-57" yielded 324,000 results, so I am surprised that you couldn't find it.
To answer the OP's question I will provide you with a quote straight from the horses mouth (FAA)...
- Don't fly within 5 miles of an airport unless you contact the airport and control tower before flying
So there ya are, question answered.
And with that we'll draw to a close another dramatic episode of "As the prop turns".
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