The FCC & Radios - More than you really wanted to know about FCC stuff:

Our system of laws is complicated but there is (generally) some underlying logic to their structure.  In the case of radio transmissions from an aircraft it is necessary to understand that while the FAA could be thought of as “owning” your aircraft (through the various regs - FARs - contained within TITLE 14 of the US Code), the radios you carry in it and use are “owned” by the Federal Communications Commission (through TITLE 47 of the US Code). 

Except for military and certain other government operations, within the USA and its possessions all devices that radiate RF (and some other equipment too) fall under the FCC’s legal control, making the FCC  the primary government arm legally empowered to specify both the technical characteristics required of your aircraft radio and how it is to be operated.  So if you say the FAA regulations don't require, for instance, any certain type of radio ID, you are more or less correct, that type of regulation appears within the FCC's playground, Title 47.  Try Section 87.107, for one.

The FAA can and does add their own operations-specific regulations where they see a need, as in the separate FCC and FAA regulations regarding cell-phone operations aboard aircraft. 

Regulations do evolve, but at a glacial pace.  Older pilots remember that for decades every radio-equipped aircraft had to have its own “radio license” and the pilot needed a radio operator license or permit.  Today only those of us who fly internationally need to have those.  This is the result of a major policy shift that in 1996 led to, among other things, the FCC’s elimination of formal licensing for radios used domestically in most private aircraft & small boats.  However, even though you may have no paper license, be assured your aircraft transmissions are still regulated by the FCC, and the FCC officially demands you identify yourself on initial call.  

The current regulation on identification of aircraft voice radio transmissions is actually a compromise between the needs (wants?) of the FAA and FCC.  The FAA wants to hear the type-of-aircraft information plus a specific ID, while the FCC only cares that a specific ID identifying who is transmitting is given. Years ago, technically you were supposed to use your full “N-number with the N” on initial call-ups because that was (still is) your “official” FCC call sign, "N" being a USA call sign identifier. Some where along the line (1980's?) the FCC acceded to FAA’s desire for alternative call signs that included the valuable type-of-aircraft data within the call and rewrote its reg. 

Admittedly it would be an extremely unlikely event to be dinged by an agency currently more interested in selling off the public’s radio spectrum than enforcing regulations. But the regulation does exist and could be brought into play if "they" find it useful.
 

"ULTRALIGHT" ADDENDUM 8/31/08:  I got an email from a pilot who was going into ultralights and wanted to know about ultralight radios & what call sign should be used, since ultralights are not assigned an FAA registration number.

Here's most of what I wrote him back:

Well, there is no requirement for actually "licensing" the radio you use in the ultralight, or any private aircraft not flown internationally, but in operating the radio the FCC still has a regulation saying that for aircraft you are to use the FAA's registration as your call sign. For ultralights with no FAA number, FCC regulation 87.107 used to say the ultralight should be identified by an "assigned FCC control number" but following a December 2006 amendment it now says nothing at all about ultralights. My guess is you could talk to a control tower using "Ultralight" plus something you choose yourself to make it specific, like "one-juliet-hotel", which would seem to conform to the spirit of 87.107(a).

I know I have heard a few ultralights communicating with control towers but can't recall what kind of call sign they used.

As you say, in practice the important thing is to communicate for safety and both the FCC & FAA recognize this, so it's virtually certain no one will ever take formal notice of improper call signs unless someone in authority decides you were intentionally trying to obscure your identity in the process of doing something wrong.

I am going to look further into this, because the FCC rule change seems to have left ultralight aircraft radio use in limbo, an uncharacteristic thing for the agency, whose general rule is to "dot every I and cross every T" .

And MORE (9/2008):   I did email FCC an inquiry asking what FCC's policy is on the type of callsign that should be used by unlicensed ultralight aircraft, and received the following nice reply:

Dear Mr. Wilson,

Thank you for contacting the Federal Communications Commission.

On 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. 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. You may view this Order at: http://www.fcc.gov//Bureaus/Wireless/Orders/1996/fcc96421.txt

Station identification requirements as set forth in Title 47, Sections 2.301 and 87.107 of the FCC Rules and notes that each station using radio frequencies shall identify its transmissions according to the procedures prescribed by the rules governing the class of station to which it belongs with a view to the elimination of harmful interference and the general enforcement of applicable radio treaties, conventions, regulations, arrangements, and agreements in force, and the enforcement of the Communications Act of 1934, as amended, and the Commission's rules.

You may view the FCC Rules at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title47/47tab_02.tpl

Also reference Sections 2.302 regarding call signs and 2.303 concerning other forms of identification of stations.

Thank you for your inquiry.
Brenda Althoff
Consumer Advocate and Mediation Specialist
Federal Communications Commission Consumer and Governmental Affairs Bureau

Unfortunately, the above failed answer my question, merely restating the current rule which as I noted does not specifically accommodate aircraft not registered by the FAA.  I really did not expect more, as a direct answer would have set policy...an action way above pay grade for anyone who handles inquiries like mine.  She did, however, cite Section 2.303, which makes a general statement regarding identification in lieu of assigned callsign.  This Section says, in part:

2.303 Other forms of identification of stations:  "Such recognized means of identification may be one or more of the following: name of station, location of station, operating agency, official registration mark, flight identification number, selective call number or signal, selective call identification number or signal, characteristic signal, characteristic of emission or other clearly distinguishing form of identification readily recognized internationally."

Lacking further official direction, I would say this means ultralight pilots can ID any way they want as long as it is "clearly distinguishing" from other aircraft or stations.
So there it rests.

John Wilson

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