U.S. · Amateur radio · 47 CFR 97.5

Do you need a license for ham radio? Who needs which station license

Pick your situation to see what section 97.5 says.

Under 47 CFR 97.5(a), an amateur station may not transmit on any amateur frequency from a place where the FCC regulates the amateur service unless the station apparatus is under the physical control of a person named in an amateur station license grant on the FCC's ULS database (or a person authorized for alien reciprocal operation). The three kinds of grant are operator/primary, club and military recreation, and one person may hold only one operator/primary grant.

47 CFR 97.5, Station license requiredRead November 2, 2026

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The basic license requirement

Section 97.5(a) is the rule that answers "do I need a license." 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 section 97.107, before the station may transmit on any amateur service frequency from any place that is within one of three areas: within 50 km of the Earth's surface at a place where the FCC regulates the amateur service; within 50 km of the surface aboard a vessel or craft documented or registered in the United States; or more than 50 km above the surface aboard a craft documented or registered in the United States.

In plain terms, the rule keys on the person who has physical control of the equipment, and that person has to appear in the FCC database. The rule also makes clear that what you may do, as the licensee, is use the transmitting apparatus under your physical control at places where the FCC regulates the amateur service, in accordance with the applicable rules of part 97 (paragraph (c)).

The three kinds of license grant

Paragraph (b) lists the types.

  1. Operator/primary station license grant. One, but only one, 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.
  2. Club station license grant. Held only by the license trustee, who is designated by an officer of the club and must hold an operator/primary grant. The club must have at least four persons, a name, a document of organization, management, and a primary purpose devoted to amateur service activities consistent with part 97.
  3. Military recreation station license grant. Held only by the license custodian designated by the official in charge of the United States military recreational premises where the station is situated. The custodian must not be a representative of a foreign government and need not hold an amateur operator license grant.

Visitors: CEPT licenses and IARPs

Paragraphs (d) and (e) cover visiting amateurs from other countries. A CEPT radio-amateur license is issued to a person by the country of which that person is a citizen, and an IARP likewise. In both cases the person must not be a resident alien or citizen of the United States, regardless of any other citizenship held, must not hold an FCC-issued amateur operator license or reciprocal permit, must not be a former amateur licensee whose FCC license was revoked, suspended (with the suspension still in effect or for the balance of the term without relicensing), or surrendered after notice of revocation, suspension or a monetary forfeiture proceeding, and must not be subject to a cease and desist order relating to amateur operation that is still in effect. Section 97.301 lists CEPT and IARP holders in its band tables; see the bands by class page.

Worked examples

A friend lets you use their radio. Under paragraph (a), the apparatus must be under the physical control of a person named in a license grant. Whether you may use someone else's station while they control it depends on other rules, such as the control operator rules in part 97, which this page did not read; this section alone does not make it lawful for an unlicensed person to transmit.

A school club of three students. It does not meet the four-person minimum, so it cannot hold a club grant, though each licensed member holds an individual grant.

A ship's station. A station aboard a U.S.-registered vessel falls inside the license requirement under paragraph (a)(2), even at sea, so the person with physical control must be named in a grant.

Keeping the grant valid

The grant lasts for a term and must be renewed; section 97.21 sets the renewal route and the 2-year filing grace period. See the renewal and grace period page. A licensee also has a duty to keep the mailing and email address current. If you want a call sign of your choice, the vanity call sign page covers section 97.19. To earn the license in the first place, you qualify by examination; the volunteer examiner page covers who gives it.

What this section does not say

Section 97.5 does not list the exam elements, the fees, the term of the license, or the penalties for unlicensed operation. It also does not define what counts as "physical control" beyond the words used. Questions about a specific station should go to the FCC, a volunteer examiner coordinator, or a communications lawyer.

Sources

Text read: the eCFR (Electronic Code of Federal Regulations) text of Title 47 as it stood on October 29, 2026, retrieved through the eCFR versioner API on November 2, 2026. The eCFR is an editorial compilation and is not the official legal edition; the Federal Register and the annual CFR are. Rules change, so confirm the current wording on the eCFR before relying on it. This page paraphrases the rule and does not replace it.

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Frequently asked questions

Do I need a license to transmit on ham radio?

Yes. Under section 97.5(a), the station apparatus must be under the physical control of a person named in an amateur station license grant on ULS (or authorized for alien reciprocal operation) before the station may transmit.

Can I hold more than one amateur license?

You may hold only one operator/primary station license grant. Section 97.5(b)(1) says one, but only one, may be held by any one person.

What do I need to form a club station?

At least four persons, a name, a document of organization, management and a primary purpose devoted to amateur service, with a trustee who holds an operator/primary license.

Does a military recreation station need an operator license?

The custodian who holds the grant need not hold an amateur operator license, but must be designated by the official in charge of the premises and must not be a representative of a foreign government.

Can a U.S. citizen use a CEPT license here?

No. A CEPT license is issued by the country of the person's citizenship, and the holder must not be a citizen or resident alien of the United States.

Not legal advice

This page explains a Federal Communications Commission rule and is not legal advice. Whether a station, device or business complies is decided by the FCC, not by this page. Read the rule on the eCFR and, for a specific situation, ask the FCC, a volunteer examiner coordinator or a communications lawyer. Everything runs in your browser; nothing you enter is sent anywhere.