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Notice of Proposed Rule Making
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) WT Docket No. 98-143
)
1998 Biennial Regulatory Review --
) RM-9148
Amendment of Part 97 of the Commission's )
RM-9150
Amateur Service Rules.
) RM-9196
)
)
NOTICE OF PROPOSED RULE MAKING
Adopted: July 29, 1998 Released: August 10, 1998
Comment Date: December 1, 1998
Reply Comment Date: January 15, 1999
By the Commission: Commissioner Furchtgott-Roth issuing a statement.
I. INTRODUCTION
1. We are initiating this proceeding
as part of our 1998 biennial review of regulations pursuant to
Section 11 of the Communications Act of 1934, as amended. Section
11 requires us to review all our
regulations applicable to providers of telecommunications service and
determine whether any rule is no longer
in the public interest as a result of meaningful economic competition
between providers of telecommunications
services, and whether such regulations should be deleted or modified.
In conjunction with our biennial review
of regulations required under Section 11, however, we believe it is
appropriate to review all of our regulations
relating to administering wireless services, not just those pertaining
to providers of telecommunications
services, to determine which regulations can be streamlined or eliminated.
2. With this Notice of Proposed Rule
Making (Notice), we commence a proceeding to examine our
rules for the Amateur Radio Service in an effort to eliminate unnecessary
and duplicative rules, as well as to
streamline our licensing processes. We also examine streamlining
initiatives for the Amateur Radio Service
in addition to those already described in our proposals concerning
the Universal Licensing System (ULS).
II. EXECUTIVE SUMMARY
3. In this Notice, we propose to modify our Amateur Radio Service rules as follows:
o Reduce the number of license classes from 6 to 4.
o Provide greater opportunities to volunteer examiners
(VEs) to participate in the examination
process.
o Eliminate Radio Amateur Civil Emergency Service (RACES)
licenses because the emergency
communications
that routinely are transmitted by RACES stations can be transmitted by
primary, club
or military recreation stations.
4. We seek comment on ideas for improving our enforcement processes as they relate to amateur radio.
5. We also seek comment on changes to
the telegraphy requirements for the amateur radio service and
to the written examinations that must be passed to qualify for
an amateur radio license.
6. Finally, we dispose of various routine
and repetitive petitions for rule making which concern matters
on which the Commission already has acted.
III. BACKGROUND
7. Amateur radio operators engage in
voluntary, noncommercial communications with other amateur
operators located in the United States and in foreign countries.
The Amateur Radio Service is for persons of
any age who are interested in radio technique solely with a personal
aim and without pecuniary interest. It
presents an opportunity for self-training, intercommunication and technical
investigation. Millions of amateur
operators in all areas of the world communicate with each other directly
or through ad hoc relay systems. They
exchange messages by voice, teleprinting, telegraphy, digital packets,
facsimile and television. All frequencies
are shared. No frequency is assigned for the exclusive use of
any amateur station. When normal
communication systems have been overloaded, damaged or disrupted
because a disaster has occurred, or is
likely to occur, amateur operators repeatedly have provided essential
communications links and facilitated
relief actions on a purely voluntary basis.
8. There are currently six classes of
amateur operator licenses. The higher the license class, the
more
expertise the licensee must demonstrate by examination and the greater
the frequency privileges the amateur
operator is authorized. Novice Class licensees pass a slow speed
telegraphy examination and have limited
frequency privileges. The Technician Class license holder
may use any of seventeen frequency bands above
50 MHz. Holders of the Technician Plus Class have additional privileges
in four shortwave bands, between
3-30 MHz. The General Class carries privileges in all twenty-seven
amateur service bands. The privileges
of an Advanced Class licensee includes 275 kHz of additional spectrum
in the high frequency (HF) bands. The
frequency privileges of an Amateur Extra Class includes access to an
additional 175 kHz in the HF bands.
The class for which each examinee is qualified is determined by the
degree of skill and knowledge in operating
a station that the examinee demonstrates at the examination.
9. The Amateur Radio Service rules are
designed to provide emergency communications, advance
radio technology, improve operator skills, enhance international goodwill,
and expand the number of trained
operators, technicians and electronic experts. The last major
restructuring of the Amateur Radio Service rules
took place in 1989. At that time, we eliminated unnecessary rules
and simplified complex terminology to
create a more meaningful and easy-to-use body of regulations.
In view of advanced communication techniques,
this is an opportune time to consider additional ways to streamline
and simplify the Amateur Radio Service
Rules by conforming them to contemporary technological advances in
the art of radio communication.
10. Three petitions for rule making filed
by The American Radio Relay League, Inc. (ARRL) are also
addressed in this Notice. In RM-9148, ARRL proposes revision
to the amateur service rules to provide more
opportunities to VEs to prepare and administer examinations.
In RM-9150, ARRL proposes amendment of
the amateur service rules to create a private sector complaint procedure
for resolving cases of malicious
interference in the amateur service. In RM-9196, ARRL proposes
amendment of the amateur service rules
allowing telegraphy examination credit to examinees with a disability.
The issues raised in the ARRL
petitions are within the scope of this Regulatory Review and are consolidated
in this proceeding.
IV. DISCUSSION
A. Number of License Classes
11. There are six classes of operator
licenses in the amateur radio services. Each time that an
amateur operator moves to a higher class, the VEs must prepare and
administer an examination, and the
Commission must process a license transaction to modify the data base
and issue a license document. While
we continue to believe there should be a number of license classes
sufficient to encourage amateur operators
to advance their skills in meaningful ways, six classes of operator
licenses may be unnecessary. Reducing
the number of classes of operator licenses would relieve the VEs from
the tasks of preparing and administering
unnecessary examinations. It would also ease the Commission's
burden of providing oversight of the system
and maintaining a data base of the current operator class for every
amateur operator. We note that an ARRL
committee recommended that the number of license classes be reduced
from six to five by deleting the Novice
Class and restructuring the Technician and Technician Plus Classes.
12. We have reviewed the various license
classes and there appears to be an unnecessary overlap
between the Novice, Technician and Technician Plus license classes.
The Novice Class was established in
1951, at a time when telegraphy was still a common mode of radio communication
in commercial, military,
and marine services and applications. Currently, there are very
few individuals who take the examination
for the Novice Class operator license. For example, in 1997,
we received only 961 applications for the Novice
Class. By comparison, we received 21,416 applications for the
no-code Technician Class operator license.
We believe that the no-code Technician Class operator license has replaced
the Novice Class operator license
as the entry-level license class of choice. Therefore, we tentatively
conclude that the Novice Class operator
license no longer serves a significant, useful purpose and should be
phased out, with the current holders of
Novice Class operator licenses being grandfathered. No new Novice
Class licenses would be granted, but
anyone currently holding licenses would be permitted to modify or renew
their licenses. In addition, Novice
Class operators would be eligible for examination credit for the telegraphy
requirement for any license class.
We seek comment on this proposal. We also seek comment on disposition
of the designated Novice bands.
Currently, other class licensees can operate within the Novice bands,
but only at reduced power. Given the
small number of new Novice licenses now being issued, if we were to
discontinue licensing new Novices, would
it be appropriate to delete the frequency limitations on Novices and
the power limitations on other classes of
operators using the Novice frequencies, so that Novices would continue
to be limited to 200 watts output power
but could operate using the Morse code anywhere within the 80, 40,
15 and 10 meter bands?
13. The only difference between
the Technician and Technician Plus Classes is that a Technician Plus
operator has passed a five words per minute (wpm) telegraphy
examination while a Technician Class
operator has not. Both Technician and Technician Plus Class
licensees predominantly use FM voice and
digital packet technologies on the amateur VHF and UHF bands. Yet,
the VEs are burdened with preparing
and administering telegraphy examinations, and the Commission
is burdened with processing the resulting
applications and revising the data base. We therefore propose
that the Technician Plus Class be phased out.
Holders of an FCC-issued Technician Class operator license granted
before March 21, 1987, have previously
passed the written examination required to qualify for a General Class
operator license. Other Technician
Plus Class operators could qualify for a General Class operator license
by passing written examination Element
3(B) which consists of thirty questions on the additional privileges
of a General Class operator license and the
13 or 20 wpm telegraphy examination. We seek comments on this
proposal.
B. Greater Volunteer Examiner Opportunities
14. Currently, an Advanced Class
operator cannot prepare or administer a telegraphy examination
for an examinee for a General Class license. Only an Amateur Extra
Class licensee can administer that
examination. The ARRL requested in RM-9148 that the Amateur Radio
Service rules be amended to permit
Advanced Class operators who are VEs to prepare and administer examinations
for a General Class operator
license. The ARRL argues that this is consistent with the Communications
Act and will help fulfill the need
for more volunteer examiners. We agree, and therefore propose
to authorize Advanced Class operators to
prepare and administer examinations for the General Class operator
license. In addition, on our own motion,
we propose to permit General Class operator licensees to prepare and
administer examinations for Technician
Class operator licenses. In all cases, examiners will be administering
only elements which they themselves have
received credit for. These proposals will benefit potential amateur
service licensees by having additional
volunteer examiners available for the examinations. We seek comment
on these proposals.
C. RACES Station Licenses
15. The Radio Amateur Civil Emergency Service
(RACES) is a radio service using amateur stations
for civil defense communications during periods of local, regional
or national civil emergencies. No new
RACES station licenses have been granted since July 14, 1980.
We discontinued issuing new RACES
licenses in order to conserve Commission manpower and resources.
At the time of that action, there were 611
RACES licenses. Currently, there are only 249 RACES licenses.
16. We propose to phase out RACES station licenses
by not renewing them. In addition, we propose
to continue the status quo by not issuing any new RACES station licenses.
By eliminating the RACES
licenses, the Commission is taking a step which not only will conserve
the Commission's financial resources,
but will also eliminate licensing duplication. It should be emphasized
that the same emergency communications
that are now transmitted by RACES stations can continue to be transmitted
by primary, club or military
recreation stations. Our rules permit two types of stations
to operate as part of RACES: (1) a licensed
RACES station, and (2) any amateur station that has been properly registered
with a civil defense
organization. Thus, to engage in RACES communications, it is
not necessary to have a RACES license with
a separate and distinct call sign. We invite
comments on this proposal.
D. Privatization of Certain Enforcement Procedures
17. Pursuant to the Communications Act,
the Amateur Auxiliary is composed of amateur operators
who are recruited and trained by the Commission for the purpose of
detecting, on a voluntary and
uncompensated basis, improper radio transmissions, conveying such information
to the Commission, and
issuing advisory notices to persons who apparently have violated provisions
of the Communications Act
relating to amateur radio or who have violated any of the rules that
govern the amateur radio service. In rule
making petition RM-9150, the ARRL states that amateur operators in
the Amateur Auxiliary could be used
to a greater advantage. ARRL proposes rule changes to establish
a private sector complaint procedure that
would permit the volunteers to bring complaints of malicious interference
directly to the Chief Administrative
Law Judge (CALJ). Upon receiving the complaint, the CALJ would
determine whether the evidence
submitted establishes a prima facie case of malicious interference.
If no such case is made, the information
submitted would be returned to the volunteer observer and no further
action would be taken. If a prima facie
case is made, the matter would be assigned to an Administrative Law
Judge (ALJ) for further proceedings, after
issuance of an Order to Show Cause by the CALJ or an ALJ. The
Wireless Telecommunications Bureau
(Bureau) would be made a party and have responsibility for prosecuting
the case. In support of its petition,
ARRL states that the procedure it advocates would improve and increase
the quantity and quality of
enforcement of the amateur rules and also expedite the handling of
malicious interference cases.
18. We applaud the ARRL for its creative thinking
about ways to improve the Commission's
enforcement processes. Its specific proposal, however, appears
to be inconsistent with the statutory provisions
governing the role of administrative law judges. Specifically,
the assignment of duties to ALJs must be
consistent with their duties and responsibilities as they relate to
conducting formal hearing proceedings.
Accordingly, while we do not seek comment on ARRL's specific proposal,
we do seek comment, consistent with
the ARRL's underlying concerns, on other ideas for improving our enforcement
processes as they relate to
amateur radio. One possibility, for example, would be to encourage
or require persons bringing complaints
of interference to the Commission to include a draft order to show
cause to initiate a revocation or cease and
desist hearing proceeding. We also request additional comments
and suggestions on how we could better utilize
the services of the Amateur Auxiliary, consistent with its statutory
basis.
E. Telegraphy Examination Requirements
19. Currently, three telegraphy examination
elements are prepared and administered by a team of three
VEs to examinees intending to obtain from the Commission an amateur
operator license. The elements an
examinee passes determines the class of operator license granted.
In a telegraphy examination, the VEs
determine the examinee's level of skill in sending and receiving
text in the international Morse code. Our rules
delineate three levels of skill in telegraphy, based upon the rate
at which an examinee correctly receives a
telegraphy message: five, thirteen and twenty words-per-minute
(wpm).
20. In the early days of amateur radio,
radiotelegraphy was the primary communication mode of all
radio operators, including amateurs. Testing for knowledge
of Morse code telegraphy was necessary to ensure
that amateurs could recognize and stay away from Government and commercial
stations as well as stay clear
of maritime distress messages.
Today, radiotelegraphy is just one facet of many diverse modes of
radiocommunication that require a technologically literate licensee.
In 1990, in response to the
sentiment of the amateur community, we established a codeless Technician
Class operator license. In so
doing, we stated that the amateur service should attract technically
inclined persons. We also stated that we
believed that telegraphers would be in less demand than electronics
and communications experts. Therefore,
we provided an entry level opportunity to otherwise qualified persons
who found that telegraphy was a barrier
to pursuing the purposes of the amateur service. Those purposes
include encouragement and improvement
of the amateur service by providing opportunities for advancing both
communication and technical skills, and
the expansion of the existing reservoir within the amateur radio service
of trained operators, technicians and
electronics experts.
21. The decreasing role of telegraphy
as a communications mode also is demonstrated in our
implementation of the Global Maritime Distress and Safety System (GMDSS).
In permitting GMDSS to
replace the mandatory Morse code equipment and operator, we recognized
industry movement to newer and
better technology for distress situations. The GMDSS relies on satellite
and automated terrestrial
communications systems for distress and safety communications.
The Commission noted that by incorporating
these advanced communications techniques into the safety system, GMDSS
would significantly improve safety
of life and property at sea throughout the world.
22. The international Radio Regulations
(Radio Regulations) that apply to the Amateur Radio
Service require that all amateurs licensed to operate below 30 MHz
demonstrate their ability "to send correctly
by hand and to receive correctly by ear, texts in Morse code signals."
The Radio Regulations do not specify
any particular speed. We note that the 1995 World Radiocommunications
Conference (WRC-95) resolved that
Article S25, which includes the international amateur code requirement,
be considered at the 1999 WRC.
Subsequently, this consideration was delayed to the WRC scheduled to
be held in 2001.
23. In preparation for consideration
of the code requirement at a future WRC, the ARRL surveyed
amateur licensees, both members and non-members, to determine their
attitudes on the Morse code requirement.
Some 63 percent of ARRL members agreed that "[f]or the foreseeable
future, it is important to retain the Morse
code requirement in the international regulations," while 30 percent
agreed that "[t]he Morse code requirement
for amateur radio licensing is no longer relevant, in the international
regulations." Among all amateurs,
members and non-members, 57 percent favored retaining the Morse code
requirement, while 35 percent
regarded it as not relevant. Among ARRL members that addressed
what the code speed requirement should
be for full amateur privileges (Amateur Extra Class), 41 percent favored
a requirement in the 10-13 wpm
range, versus a minority of 32 percent who favored the current 20 wpm
requirement. Based in part on these
survey results, an ARRL committee proposed to reduce the General Class
code speed requirement from 13 to
10 wpm, and for all code examinations to specify one out of five minutes
of copy.
24. In view of changes in
the technologies that amateurs use to communicate generally, and views
with regard to the Morse code requirement specifically, we seek comment
on all aspects of the Morse code
standards used in our examinations. Do the three levels of 5,
13, and 20 wpm remain relevant to today's
communications practices? Should we continue to have three different
levels, or should these be reduced to
one or two -- and, if so, what should be the required speeds?
Were we to reduce the required Morse code
elements, should we add elements to the written examination to ensure
a working knowledge of the newer digital
technologies which, in part, are replacing the Morse code? Or,
should we consider specifying the method of
examining for Morse code proficiency, such as requiring fill-in-the-blank
or copying one out of five minutes
sent, instead of allowing VEs to determine how to test for code speed?
We request comment on these and any
other issues related to our code speed requirements.
25. Additionally, in RM-9196, the ARRL requests
amendment of the amateur rules which allow
telegraphy examination credit for the higher telegraphy speeds to examinees
with a disability. Specifically,
the ARRL requests that the examinee be required to attempt the higher-speed
telegraphy examination before
examination credit is given pursuant to a doctor's certification.
In addition, the ARRL requests that volunteer-
examiner coordinators (VECs) be authorized to request medical information
from the certifying physician
pertaining to the examinee's disability. It should be noted that
these issues only remain relevant if we retain
the higher telegraphy speeds requirement, since if the requirement
were eliminated, a person with a disability
would not have to apply for examination credit. We tentatively
conclude that, if we do maintain the
requirement, neither of these proposals is an appropriate means to
address potential abuses of the physician
certification requirement. We believe that these proposals place
an unfair burden on examinees with
disabilities, and raise serious privacy and confidentiality concerns.
We seek comment on ARRL's proposal and
our tentative conclusion.
F. Written Examinations
26. In addition, a written examination
is prepared and administered to each applicant for an amateur
operator license in order to demonstrate to the Commission that the
examinee possesses the operational and
technical qualifications required to perform properly the duties of
an amateur service operator licensee. The
written examination for each license class currently specifies ten
general topics and the number of questions
for each topic that must be asked in an examination. A uniform national
database of multiple-choice questions
and answers is approved by the National Conference of VECs and is periodically
updated on a regular basis
so that all publishers and applicants have access to current materials.
This is accomplished on a purely
voluntary basis, without formal Commission involvement.
Determining the components of written
examinations was carried over into the VE system from those components
used when the Commission
previously prepared and administered the examinations.
In light of the fact that written examinations now
have been prepared and administered under the VE system for over a
decade, we seek comment on whether the
written examination requirements should be modified to provide VEs
and VECs additional flexibility in
determining the specific contents of written examinations, on the specifics
of what such flexibility should entail,
and on the advantages and disadvantages to providing such flexibility.
27. Specifically, we ask commenters to
address whether the general topics set forth in Section 97.503
of the Commission's Rules adequately cover the significant categories
of information relevant to determining
whether an applicant has the requisite operational and technical qualifications
to become an amateur licensee.
For example, does the current list of topics adequately cover current
technology and contemporary amateur
operating practices? For those commenters who suggest addition
or deletion of general topics, we ask them
to include the rationale underlying such proposals. In addition,
we ask commenters to discuss whether the
required number of questions from each general topic should continue
to be established by rule. For those
commenters who suggest altering the number of questions, we ask that
they discuss alternative numbers or
percentages and the reasons therefor. We are particularly interested
in comments from VEs and VECs
regarding any changes they would recommend, either individually or
collectively, in the written examination
requirements on the amateur community generally, as well as on the
amateur examination process specifically,
including how, if at all, they will affect the integrity of the examination
and licensing process. For instance,
we seek specific comment from VEs and VECs regarding how modifications
to the written examination
requirements would affect their ability to conduct examinations in
an effective, efficient and expeditious
manner.
G. Disposition of Rule Making Petitions
28. We have also received petitions for rule
making filed by various individuals, summarized below,
requesting changes to the amateur rules. The petitions concern
matters on which the Commission has already
taken action. In the interest of administrative efficiency, we
have included such petitions in this proceeding
because in all cases they do not warrant the issuance of a Notice of
Proposed Rule Making and the
commencement of a separate proceeding. Therefore, no rule making
(RM) numbers will be assigned to these
petitions. The petitioners in these cases have not presented
sufficient evidence to justify altering the current
operator privileges, requirements or structure of the Amateur Radio
Service.
29. Mr. Spencer Ritchie petitioned for
a change in frequency privileges in the 75 and 80 meter sub-
bands for Amateur Extra Class licensees. In his petition, Mr. Howard
Kraus requested that Q-signal suffixes,
such as QRP and QST, be made available to amateur stations. His particular
interest was to use a Q-signal
that indicated a decrease in transmitter power so as to publicize the
fact that a certain radio club promoted low-
power operation. A petition filed by Mr. Henry Ruh requested that the
current examination system for an
amateur radio license be changed from one that is based on memorization
of questions and answers to one that
is based on experiential operation of an actual amateur station.
30. A petition for rule change, filed
by Mr. William Houlne, called for the creation of sub-bands
in
the 160 meter band between 1.9 MHz and 2.0 MHz, and in the 80 meter
band between 3.6 MHz and 3.7 MHz
for use by holders of Technician Plus licenses.
A petition filed by Mr. Rod Wheeler requested that the rules
be amended to include new standards that repeaters would be required
to meet and that these standards be used
by frequency coordinators.
31. All of the petitions discussed in
the foregoing paragraphs concern licensing requirements, operator
frequency privileges or seek a restructuring of the amateur license
classes. The current operator frequency
privileges, structure of the license classes and the requirements for
obtaining an amateur license were developed
in accordance with the expressed desires of the amateur community to
provide motivation for amateur operators
to advance their communication and technical skills. We do not believe
that sufficient evidence has been
presented to justify altering the current requirements which are in
accordance with the basis and purpose of the
Amateur Radio Service in the United States. Therefore, we will
dismiss these repetitive petitions.
V. CONCLUSION
32. In view of the foregoing, we propose:
(1) to phase out the Novice Class operator license (current
licensees grandfathered) and the Technician Plus operator license;
(2) to authorize Advanced Class operators
to prepare and administer examinations for the General Class operator
license; and (3) to sunset RACES
station licenses by not issuing any license renewals. We invite
comments of the amateur community with
respect to improving our enforcement processes as they relate to amateur
radio. We also invite comments
regarding the specific telegraphy speed requirements
for the various license classes, and on ways to
streamline and improve the operator examinations. The views of interested
parties on these proposals are
invited. The proposed rules which are appended hereto are intended
to simplify and streamline the regulations
that govern the Amateur Radio Service.
VI. PROCEDURAL MATTERS
Ex Parte Rules - Permit-But-Disclose Proceeding
33. This is a permit-but-disclose notice and
comment rule making proceeding. Ex parte presentations
are permitted, except during the Sunshine Agenda period, provided they
are disclosed as provided in the
Commission's Rules. See generally 47 C.F.R. 1.1202, 1.1203,
and 1.1206(a).
Regulatory Flexibility Act
34. We certify that the Regulatory Flexibility
Act does not apply to this rule making proceeding
because, if the proposed rule amendments are promulgated, there will
not be a significant economic impact on
a substantial number of small business entities, as defined in Section
601(3) of the Regulatory Flexibility Act.
The amateur stations that are the subject of this proceeding would
not be authorized to transmit any
communications where the station licensee or control operator has a
pecuniary interest.
Comment Date
35. Pursuant to Sections 1.415 and 1.419
of the Commission's Rules, 47 C.F.R. 1.415, 1.419,
interested parties may file comments on or before December 1, 1998
and reply comments on or before January
15, 1999. Comments may be filed using the Commission's Electronic
Filing System (ECFS) or by filing
paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 Fed. Reg. 24, 121 (1998).
36. Comments filed through the ECFS can
be sent as an electronic file via the Internet
to<http://www.fcc.gov/e-file/ecfs.html>. Generally, only one
copy of an electronic submission must be filed.
If multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must
transmit one electronic copy of the comments to each docket or rulemaking
number referenced in the caption.
In completing the transmittal screen, commenters should include their
full name, Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to
ecfs@fcc.gov, and should include the following words in the body of
the message, "get form <your e-mail
address>." A sample form and directions will be sent in reply.
37. Parties who choose to file by paper
must file an original and four copies of each filing. If more
than one docket or rulemaking number appears in the caption of this
proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
All filings must be sent to the
Commission's Secretary, Magalie Roman Salas, Office of the Secretary,
Federal Communications Commission,
1919 M St., N. W., Room 222, Washington, D. C. 20554.
38. Parties who choose to file by paper
should also submit their comments on diskette. These diskettes
should be submitted to: MJDePont, Public Safety and Private Wireless
Division, Wireless Telecommunications
Bureau, Room 8332, 2025 M Street, N. W., Washington, D. C. 20554.
Such a submission should be on a
3.5 inch diskette formatted in an IBM compatible format using WordPerfect
5.1 for Windows or compatible
software. The diskette should be accompanied by a cover letter
and should be submitted in "read only" mode.
The diskette should be clearly labelled with the commenter's name,
proceeding (including the lead docket
number in this case, WT Docket No. 98-143), type of pleading (comment
or reply comment), date of
submission, and the name of the electronic file on the diskette.
The label should also include the following
phrase "Disk Copy - Not an Original." Each diskette should contain
only one party's pleadings, preferably in
a single electronic file. In addition, commenters must send diskette
copies to the Commission's copy contractor,
International Transcription Services, Inc., 1231 20th Street, N. W.,
Washington, D. C. 20037.
39. Alternative formats (computer diskette,
large print, audio cassette and Braille) are available to
persons with disabilities by contacting Martha Contee at (202) 418-0260,
TTY (202) 418-2555, or at
mcontee@fcc.gov. This Notice can also be downloaded at:
http://www.fcc.gov/dtf/
VII. ORDERING CLAUSES
40. Accordingly, IT IS ORDERED that,
pursuant to Sections 4(i) and (j), 303(r), and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i) and (j),
303(r) and 403, notice is hereby given
of the proposed amendments to Part 97 of the Commission's Rules, 47
C.F.R. Part 97, set forth in the
Appendix hereto, in accordance with the proposals, discussions, and
statement of issues in this Notice of
Proposed Rule Making. Comments are sought on these proposals.
41. IT IS FURTHER ORDERED, that, in accordance
with the reasons given herein, rule making
petitions RM-9148 and RM-9150 ARE GRANTED to the extent indicated herein.
42. IT IS FURTHER ORDERED, that, in accordance
with the reasons set forth above, the rule
making petitions filed by Spencer Ritchie, Howard Krause, Henry Ruh,
William Houlne, and Rod Wheeler
ARE HEREBY DISMISSED
43. IT IS FURTHER ORDERED that the Commission's
Office of Public Affairs, Reference
Operations Division, SHALL SEND a copy of this Notice of Proposed Rule
Making, including the Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
Further Information
44. For further information, contact
Maurice J. DePont, mdepont@fcc.gov, Policy and Rules Branch,
Public Safety and Private Wireless Division,
Wireless Telecommunications Bureau, (202) 418-0690, or
call (202) 418-7233 TTY.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
Attachment: Appendix
APPENDIX
Part 97 of Chapter I of Title 47 of the Code
of Federal Regulations is proposed to be amended as
follows:
Part 97 - Amateur Radio Service
1. The authority citation for Part 97 continues to read as follows:
Authority citation: 48 Stat. 1066, 1082,
as amended; 47 U.S.C. 154, 303. Interpret or apply
48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609,
unless otherwise noted.
2. Section 97.9 is revised to read as follows:
97.9 Operator license.
(a) The classes of amateur operator licenses
are: Novice, Technician, General, Advanced and
Amateur Extra. A person who has been granted an operator license
is authorized to be the control operator
of an amateur station with the privileges of the operator class specified
on the license.
(b) A person who has been granted an
operator license of Novice, Technician, General or Advanced
Class and who has properly submitted to the administering VEs an application
document, FCC Form 610, for
an operator license of a higher class, and who holds a CSCE indicating
that the person has completed the
necessary examinations within the previous 365 days, is authorized
to exercise the rights and privileges of the
higher operator class until final disposition of the application or
until 365 days following the passing of the
examination, whichever comes first.
3. Section 97.13 is revised to read as follows:
97.13 Restrictions on station location.
(a) Before placing an amateur station
on land of environmental importance or that is significant in
American history, architecture or culture, the licensee may be required
to take certain actions prescribed by
1.1301-1.1319 of the FCC Rules.
(b) A station within 1600 m (1 mile)
of an FCC monitoring facility must protect that facility from
harmful interference. Failure to do so could result in imposition
of operating restrictions upon the amateur
station by an EIC pursuant to 97.121 of this Part. Geographical
coordinates of the facilities that require
protection are listed in 0.121(c) of the FCC Rules.
(c) Before causing or allowing an amateur
station to transmit from any place where the operation of
the station could cause human exposure to RF electromagnetic field
levels in excess of those allowed under
1.1310 of this chapter, the licensee is required to take certain actions.
(1) The licensee must perform the routine
RF environmental evaluation prescribed by 1.1307(b) of
this chapter, if the power of the licensee's station exceeds the limits
given in the following table:
Wavelength Band
Evaluation Required if
Power* (watts) Exceeds:
MF
160 m
500
HF
80 m
500
75 m
500
40 m
500
30 m
425
20 m
225
17 m
125
15 m
100
12 m
75
10 m
50
VHF (all bands)
50
UHF
70 cm
70
33 cm
150
23 cm
200
13 cm
250
SHF (all bands)
250
EHF (all bands)
250
Repeater stations (all bands)
non-building-mounted antennas: height
above ground level to lowest point of
antenna < 10 m and power > 500 W ERP
building-mounted antennas:
power > 500 W ERP
* Power = PEP input to antenna except, for
repeater stations only, power exclusion is based on ERP
(effective radiated power).
(2) If the routine environmental evaluation
indicates that the RF electromagnetic fields could exceed
the limits contained in 1.1310 of this chapter in accessible areas,
the licensee must take action to prevent
human exposure to such RF electromagnetic fields. Further information
on evaluating compliance with these
limits can be found in the FCC's OET Bulletin Number 65, "Evaluating
Compliance with FCC Guidelines for
Human Exposure to Radio Frequency Electromagnetic Fields."
4. Section 97.17 is amended by adding
a new paragraph (c) and redesignating paragraphs (c) (d) (e)
(f) and (g) as paragraphs (d) (e) (f) (g) and (h).
97.17 Application for new license or reciprocal permit for alien amateur licensee.
(a) Any qualified person is eligible to apply for an amateur service license.
(b) Each application for a new amateur service license must be made on the proper document:
(1) FCC Form 610 for a new Technician,
General, Advanced or Amateur Extra Class
operator/primary station license;
(2) FCC Form 610-A for a reciprocal permit for alien amateur licensee; and
(3) FCC Form 610-B for a new amateur service club or military recreation station license.
(c) No application for a new Novice or
Techncian Plus Class operator/primary station license will be
accepted for filing.
(d) Each application for a new operator/primary
station license must be submitted to the VEs
administering the qualifying examination.
(e) Any eligible person may apply for
a reciprocal permit for alien amateur licensee. The application
document, FCC Form 610-A, must be submitted to the FCC, 1270 Fairfield
Road, Gettysburg, PA 17325-
7245.
(1) The person must be a citizen of a
country with which the United States has arrangements to grant
reciprocal operating permits to visiting alien amateur operators and
be eligible to apply for a reciprocal permit
for alien amateur licensee.
(2) The person must be a citizen of the same country that issued the amateur service license.
(3) A United States citizen, regardless
of any other citizenship also held, is not eligible to apply for
a reciprocal permit for alien amateur licensee.
(4) No person who has been granted by
the FCC an amateur operator/primary station license is
eligible for a reciprocal permit for alien amateur licensee.
(f) No person shall obtain or attempt
to obtain, or assist another person to obtain or attempt to obtain,
an amateur service license or reciprocal permit for alien amateur licensee
by fraudulent means.
(g) One unique call sign will be shown
on the license of each new primary, club, and military
recreation station. The call sign will be selected by the sequential
call sign system.
(h) Each application for a new club or
military recreation station license must be submitted to the
FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. No new license
for a RACES station will be issued.
5. Section 97.21 is revised to read as follows:
97.21 Application for a modified or renewed license.
(a) A person who has been granted an amateur station license that has not expired:
(1) Must apply for a modification of
the license as necessary to show the correct mailing address,
licensee name, club name, license trustee name, or license custodian
name. The application document must
be submitted to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
For an operator/primary station
license, the application must be made on FCC Form 610. For a
club or military recreation station license, the
application must be made on FCC Form 610-B.
(2) May apply for a modification of the
license to show a higher operator class. The application must
be made on FCC Form 610 and must be submitted to the VEs administering
the qualifying examination.
(3) May apply for renewal of the license
for a new term. Application for renewal of a Technician Plus
Class operator/primary station license will be processed as an application
for renewal of a Technician Class
operator/primary station license.
(i) When the license does not show a
call sign selected by the vanity call sign system, the application
must be made on FCC Form 610. For a club or military recreation
station license, the application may be made
on FCC Form 610-B. The application may be submitted no more than
90 days before its expiration to: FCC,
1270 Fairfield Road, Gettysburg, PA 17325-7245. When the application
for renewal of the license has been
received by the FCC at 1270 Fairfield Road, Gettysburg, PA 17325-7245
on or before the license expiration
date, the license operating authority is continued until the final
disposition of the application. No application
for renewal of a RACES station license will be granted.
(ii) When the license shows a call sign
selected by the vanity call sign system, the application must
be filed as specified in Section 97.19(b). When the application
has been received at the proper address
specified in the Wireless Telecommunications Bureau Fee Filing Guide
on or before the license expiration date,
the license operating authority is continued until final disposition
of the application.
(4) May apply for a modification of the
license to show a different call sign selected by the sequential
call sign system. The application document must be submitted
to: FCC, 1270 Fairfield Road, Gettysburg, PA
17325-7245. The application must be made on FCC Form 610.
This modification is not available to club,
military recreation or RACES stations.
(b) A person who had been granted an
amateur primary, club or military recreation station license,
but the license has expired, may apply for renewal of the license for
another term during a 2 year filing grace
period. The application document must be received by the FCC
at 1270 Fairfield Road, Gettysburg, PA
17325-7245 prior to the end of the grace period. For an operator/primary
station license, the application must
be made on FCC Form 610. For a club or military recreation station
license, the application must be made on
FCC Form 610-B. Unless and until the license is renewed, no privileges
in this Part are conferred.
(c) Each application for a modified
or renewed amateur service license must be accompanied by a
photocopy (or the original) of the license document unless an application
for renewal using FCC Form 610-R
is being made, or unless the original document has been lost, mutilated
or destroyed.
(d) Unless the holder of a station license
requests a change in call sign, the same call sign will be
assigned to the station upon renewal or modification of the station
license.
(e) A reciprocal permit for alien amateur
licensee cannot be renewed. A new reciprocal permit for
alien amateur licensee may be issued upon proper application.
6. Section 97.301 is revised to read as follows:
97.301 Authorized frequency bands.
The following transmitting frequency bands
are available to an amateur station located within 50 km
of the Earth's surface, within the specified ITU Region and outside
any area where the amateur service is
regulated by authority other than the FCC.
(a) For a station having a control operator
who has been granted an operator license of Technician,
General, Advanced or Amateur Extra Class:
Wavelength ITU
ITU ITU
Sharing requirements
band
Region 1 Region 2 Region 3
See 97.303,
Paragraph:
VHF MHz
MHz MHz
6 m
---
50-54 50-54
(a)
2 m
144-146 144-148 144-148 (a)
1.25 m
--- 219-220
--- (a),
(e)
-Do-
--- 222-225
--- (a)
UHF MHz
MHz MHz
70 cm
430-440 420-450 420-450
(a), (b), (f)
33 cm
--- 902-928
--- (a), (b), (g)
23 cm 1240-1300
1240-1300 1240-1300 (j)
13 cm
2300-2310 2300-2310 2300-2310 (a), (b), (j)
-Do-
2390-2450 2390-2450 2390-2450 (a), (b), (j)
SHF
GHz GHz
GHz
9 cm
--- 3.3-3.5
3.3-3.5 (a), (b), (k), (l)
5 cm
5.650-5.850 5.650-5.925 5.650-5.850
(a), (b), (m)
3 cm
10.00-10.50 10.00-10.50 10.00-10.50
(b), (c), (i), (n)
1.2 cm
24.00-24.25 24.00-24.25 24.00-24.25
(a), (b), (i), (o)
EHF
GHz GHz
GHz
6 mm
47.0-47.2 47.0-47.2 47.0-47.2
4 mm
75.5-81.0 75.5-81.0 75.5-81.0 (b), (c), (h)
2.5 mm 119.98-120.02
119.98-120.02 119.98-120.02 (k), (p)
2 mm
142-149 142-149 142-149
(b), (c), (h), (k)
1 mm
241-250 241-250 241-250 (b), (c), (h),
(q)
---
above 300 above 300 above 300 (k)
(b) For a station having a control operator
who has been granted an operator license of Amateur Extra
Class:
Wavelength ITU
ITU ITU
Sharing requirements
band
Region 1 Region 2 Region 3 See 97.303,
Paragraph:
MF
kHz kHz
kHz
160 m
1810-1850 1800-2000 1800-2000 (a), (b), (c)
HF
MHz MHz
MHz
80 m
3.50-3.75 3.50-3.75 3.50-3.75 (a)
75 m
3.75-3.80 3.75-4.00 3.75-3.90 (a)
40 m
7.0-7.1 7.0-7.3 7.0-7.1 (a)
30 m
10.10-10.15 10.10-10.15 10.10-10.15
(d)
20 m
14.00-14.35 14.00-14.35 14.00-14.35
17 m 18.068-18.168
18.068-18.168 18.068-18.168
15 m
21.00-21.45 21.00-21.45 21.00-21.45
12 m
24.89-24.99 24.89-24.99 24.89-24.99
10 m
28.0-29.7 28.0-29.7 28.0-29.7
(c) For a station having a control operator
who has been granted an operator license of Advanced
Class:
Wavelength ITU
ITU ITU
Sharing requirements
band
Region 1 Region 2 Region 3 See 97.303,
Paragraph:
MF
kHz kHz
kHz
160 m
1810-1850 1800-2000 1800-2000 (a), (b), (c)
HF
MHz MHz
MHz
80 m
3.525-3.750 3.525-3.750 3.525-3.750
(a)
75 m
3.775-3.800 3.775-4.000 3.775-3.900
(a)
40 m
7.025-7.100 7.025-7.300 7.025-7.100
(a)
30 m
10.10-10.15 10.10-10.15 10.10-10.15
(d)
20 m 14.025-14.150
14.025-14.150 14.025-14.150
-Do- 14.175-14.350
14.175-14.350 14.175-14.350
17 m 18.068-18.168
18.068-18.168 18.068-18.168
15 m 21.025-21.200
21.025-21.200 21.025-21.200
-Do- 21.225-21.450
21.025-21.450 21.025-21.450
12 m
24.89-24.99 24.89-24.99 24.89-24.99
10 m
28.0-29.7 28.0-29.7 28.0-29.7
(d) For a station having a control operator who has been granted an operator license of General Class:
Wavelength ITU
ITU ITU
Sharing requirements
band Region 1
Region 2 Region 3
See 97.303,
Paragraph:
MF
kHz kHz
kHz
160 m
1810-1850 1800-2000 1800-2000 (a), (b), (c)
HF
MHz MHz
MHz
80 m
3.525-3.750 3.525-3.750 3.525-3.750
(a)
75 m
--- 3.85-4.00
3.85-3.90 (a)
40 m
7.025-7.100 7.025-7.150 7.025-7.100
(a)
-Do-
--- 7.225-7.300
--- (a)
30 m
10.10-10.15 10.10-10.15 10.10-10.15
(d)
20 m 14.025-14.150
14.025-14.150 14.025-14.150
-Do- 14.225-14.350
14.225-14.350 14.225-14.350
17 m 18.068-18.168
18.068-18.168 18.068-18.168
15 m 21.025-21.200
21.025-21.200 21.025-21.200
-Do-
21.30-21.45 21.30-21.45 21.30-21.45
12 m
24.89-24.99 24.89-24.99 24.89-24.99
10 m
28.0-29.7 28.0-29.7 28.0-29.7
(e) For a station having a control operator
who has been granted an operator license of Novice Class
or Technician Class and who has received credit for proficiency in
telegraphy in accordance with the
international requirements:
Wavelength ITU
ITU ITU
Sharing requirements
band
Region 1 Region 2 Region 3 See 97.303,
Paragraph:
HF
MHz MHz
MHz
80 m
3.675-3.725 3.675-3.725 3.675-3.725
(a)
40 m
7.050-7.075 7.10-7.15 7.050-7.075 (a)
15 m
21.10-21.20 21.10-21.20 21.10-21.20
10 m
28.10-28.50 28.10-28.50 28.10-28.50
VHF MHz
MHz MHz
1.25 m
--- 222-225 ---
(a)
UHF MHz
MHz MHz
23 cm
1270-1295 1270-1295 1270-1295 (h) (i)
7. Section 97.305 is revised to read as follows:
97.305 Authorized emission types.
(a) An amateur station may transmit a
CW emission on any frequency authorized to the control
operator.
(b) A station may transmit a test emission
on any frequency authorized to the control operator for brief
periods for experimental purposes, except that no pulse modulation
emission may be transmitted on any
frequency where pulse is not specifically authorized.
(c) A station may transmit the following
emission types on the frequencies indicated, as authorized
to the control operator, subject to the standards specified in 97.307(f)
of this Part.
Wavelength Frequencies
Emission types
band
authorized
See 97.307(f),
Paragraph:
MF
160 m Entire
band Phone, image
(1) (2)
-Do-
-Do- RTTY,
data
(3) (9)
HF
80 m Entire
band RTTY, data
(3), (9)
75 m Entire
band Phone, image
(1), (2)
40 m 7.000-7.100
MHz RTTY, data .
(3), (9)
-Do- 7.075-7.100
MHz Phone, image
(1), (2), (9), (11)
-Do- 7.100-7.150
MHz RTTY, data
(3) (9)
-Do- 7.150-7.300
MHz Phone, image
(1), (2)
30 m Entire
band
RTTY, data
(3), (9)
20 m 14.025-14.150
MHz RTTY, data
(3), (9)
-Do- 14.175-14.350
MHz Phone, image . (1), (2)
17 m 18.068-18.110 MHz RTTY,
data . (3), (9)
-Do- 18.110-18.168 MHz Phone,
image (1), (2)
15 m 21.025-21.200
MHz RTTY, data
(3), (9)
-Do- 21.225-21.450
MHz Phone, image
(1), (2)
12 m 24.89-24.93
MHz RTTY, image
(3), (9)
-Do- 24.93-24.99
MHz Phone, image
(1), (2)
10 m 28.0-28.3
MHz RTTY, data
(4), (9)
-Do- 28.3-28.5
MHz Phone, image
(1), (2), (10)
-Do- 28.5-29.0
MHz Phone, image .
(1), (2)
-Do- 29.0-29.7
MHz Phone, image
(2), (14)
VHF
6 m 50.1-51.0
MHz RTTY, data
MCW, phone, image (2), (5)
-Do- 51.0-54.0
MHz RTTY, data, test
MCW, phone, image . (2),
2 m 144.1-148.0
MHz RTTY, data, test
MCW, phone, image (2), (5), (8)
1.25 m 219-220 MHz
Data
(2)
-Do- 222-225
MHz RTTY, data, test
MCW, phone, image (2), (6), (8)
UHF
70 cm Entire
band MCW, phone, image,
RTTY,
data, SS, test
(6), (8)
33 cm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
23 cm Entire
band MCW, phone, image,
RTTY,
data, SS, test
(7), (8), (12)
13 cm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
SHF
9 cm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
5 cm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
3 cm Entire
band MCW, phone, image,
RTTY, data, SS, test . (7), (8), (12)
1.2 cm Entire band
MCW, phone, image, RTTY,
data, SS, test, pulse (7),
(8), (12)
EHF
6 mm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
4 mm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
2.5 mm Entire band
MCW, phone, image, RTTY,
data, SS, test, pulse (7),
(8), (12)
2 mm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
1 mm Entire
band MCW, phone, image,
RTTY,
data, SS, test, pulse (7),
(8), (12)
--- Above
300 MCW, phone, image, RTTY,
GHZ data, SS, test, pulse
(7), (8), (12)
8. Section 97.307 (f)(9) and (10) are revised to read as follows:
97.307 Emission standards.
* * * * *
(f) * * *
(9) A station having a control operator
holding a Novice Class operator license may transmit only
messages sent by hand using emission type CW.
(10) A station having a control operator
holding a Novice Class operator license may only transmit
emission type CW using the international Morse code or phone emissions
J3E and R3E.
* * * * *
9. Section 97.311(d) (1) is revised
to read as follows:
97.311 SS emission types.
* * * * *
(d) * * *
(1) Only the following sets of connections may be used:
Number of stages
Taps used
in shift register
in feedback
7
7, 1
13
13, 4, 3, 1
19
19, 5, 2, 1
* * * * *
10. Section 97.313 is revised to read as follows:
97.313 Transmitter power standards.
(a) An amateur station must use the minimum
transmitter power necessary to carry out the desired
communications.
(b) No station may transmit with a transmitter power exceeding 1.5 kW PEP.
(c) No station may transmit with a transmitter power exceeding 200 W PEP on:
(1) The 30 meter band;
(2) On the 160 through 10 meter bands when the control operator is a Novice operator; or
(3) The 7.050-7.075 MHz segment when the station is within ITU Regions 1 or 3.
(d) No station may transmit with a transmitter
power exceeding 25 W PEP on the VHF 1.25 m band
when the control operator holds a Novice Class operator license.
(e) No station may transmit with a transmitter
power exceeding 5 W PEP on the UHF 23 cm band
when the control operator holds a Novice Class operator license.
(f) No station may transmit with a transmitter
power exceeding 50 W PEP on the UHF 70 cm band
from an area specified in footnote US7 to 2.106 of this Part, unless
expressly authorized by the FCC after
mutual agreement, on a case-by-case basis, between the EIC of the applicable
field facility and the military area
frequency coordinator at the applicable military base. An Earth
station or telecommand station, however, may
transmit on the 435-438 MHz segment with a maximum of 611 W effective
radiated power (1 kW equivalent
isotropically radiated power) without the authorization otherwise required.
The transmitting antenna elevation
angle between the lower half-power (-3 dB relative to the peak or antenna
bore sight) point and the horizon
must always be greater than 100.
(g) No station may transmit with a transmitter
power exceeding 50 W PEP on the 33 cm band from
within 241 km of the boundaries of the White Sands Missile Range.
Its boundaries are those portions of Texas
and New Mexico bounded on the south by latitude 31o 41' North, on the
east by longitude 104o 11' West, on
the north by latitude 34o 30' North, and on the west by longitude 107o
30' West.
(h) No station may transmit with a transmitter
power exceeding 50 W PEP on the 219-220 MHz
segment of the 1.25 m band.
11. Section 97.407(b) is revised to read as follows:
97.407 Radio Amateur Civil Emergency Service.
* * * * *
(b) The frequency bands and segments
and emissions authorized to the control operator are available
to stations transmitting communications in RACES on a shared basis
with the amateur service. In the event
of an emergency which necessitates the invoking of the President's
War Emergency Powers under the provisions
of Section 706 of the Communications Act of 1934, as amended, 47 U.S.C.
606, RACES stations and
amateur stations participating in RACES may only transmit on the following
frequency segments:
Wavelength band
Frequency segment
MF
160 m
1800-1825 kHz
-Do-
1975-2000 kHz
HF
80 m
3.50-3.55 MHz
75 m
3.93-3.98 MHz
-Do-
3.984-4.000 MHz
40 m
7.079-7.125 MHz
-Do-
7.245-7.255 MHz
30 m
10.10-10.15 MHz
20 m
14.047-14.053 MHz
-Do-
14.22-14.23 MHz
-Do-
14.331-14.350 MHz
15 m
21.047-21.053 MHz
-Do-
21.228-21.267 MHz
10 m
28.55-28.75 MHz
-Do-
29.237-29.273 MHz
-Do-
29.45-29.65 MHz
VHF
6 m
50.35-50.75 MHz
-Do-
52-54 MHz
2 m
144.50-145.71 MHz
-Do-
146-148 MHz
13 cm
2390-2450 MHz
1.25 m
entire band
UHF
70 cm
entire band
23 cm
entire band
The channels at 3.997 MHz and 53.30 MHz may be used in emergency areas
when required to make initial
contact with a military unit and for communications with military stations
on matters requiring coordination.
(c) A RACES station may only communicate with:
(1) Another RACES station;
(2) An amateur station registered with a civil defense organization;
(3) A United States Government station
authorized by the responsible agency to communicate with
RACES stations;
(4) A station in a service regulated
by the FCC whenever such communication is authorized by the
FCC.
(d) An amateur station registered with a civil defense organization may only communicate with:
(1) A RACES station licensed to the civil
defense organization with which the amateur station is
registered;
(2) The following stations upon authorization
of the responsible civil defense official for the
organization with which the amateur station is registered:
(i) A RACES station licensed to another civil defense organization;
(ii) An amateur station registered with the same or another civil defense organization;
(iii) A United States Government station
authorized by the responsible agency to communicate with
RACES stations; and
(iv) A station in a service regulated
by the FCC whenever such communication is authorized by the
FCC.
(e) All communications transmitted in
RACES must be specifically authorized by the civil defense
organization for the area served. Only civil defense communications
of the following types may be transmitted:
(1) Messages concerning impending or
actual conditions jeopardizing the public safety, or affecting
the national defense or security during periods of local, regional,
or national civil emergencies;
(2) Messages directly concerning the
immediate safety of life of individuals, the immediate protection
of property, maintenance of law and order, alleviation of human suffering
and need, and the combating of
armed attack or sabotage;
(3) Messages directly concerning the
accumulation and dissemination of public information or
instructions to the civilian population essential to the activities
of the civil defense organization or other
authorized governmental or relief agencies; and
(4) Communications for RACES training
drills and tests necessary to ensure the establishment and
maintenance of orderly and efficient operation of the RACES as ordered
by the responsible civil defense
organization served. Such drills and tests may not exceed a total
time of 1 hour per week. With the approval
of the Chief Officer for Emergency Planning in the applicable State,
Commonwealth, District or Territory,
however, such tests and drills may be conducted for a period not to
exceed 72 hours, but no more than twice
in any calendar year.
12. Section 97.501 is revised to read as follows:
97.501 Qualifying for an amateur operator
license.
An applicant must pass an examination for
a new amateur operator license grant and for each change
in operator class. Each applicant for the class of operator license
grant specified below must pass, or otherwise
receive examination credit for, the following examination elements:
(a) Amateur Extra Class operator: Elements 1(C), 3(A), 3(B), 4(A) and 4(B);
(b) Advanced Class operator: Elements 1(B) or 1(C), 3(A), 3(B) and 4(A).
(c) General Class operator: Element 1(B) or 1(C), 3(A) and 3(B);
(d) Technician Class operator: Element 3(A).
13. Section 97.503(b) and (c) are revised to read as follows:
97.503 Element standards.
* * * * *
(b) A written examination must be such
as to prove that the examinee possesses the operational and
technical qualifications required to perform properly the duties of
an amateur service licensee. Each written
examination must be comprised of a question set as follows:
(1) Element 3(A): 65 questions
concerning the privileges of a Technician Class operator license.
The
minimum passing score is 48 questions answered correctly.
(2) Element 3(B): 30 questions
concerning the privileges of a General Class operator license. The
minimum passing score is 22 questions answered correctly.
(3) Element 4(A): 50 questions
concerning the privileges of an Advanced Class operator license.
The
minimum passing score is 37 questions answered correctly.
(4) Element 4(B): 40 questions
concerning the privileges of an Amateur Extra Class operator license.
The minimum passing score is 30 questions answered correctly.
(c) The topics and number of questions
that should be included in each written examination question
set are listed below:
Topics: Element: 3(A) 3(B) 4(A) 4(B)
(1) FCC rules for the amateur radio services. 15 4 6 8
(2) Amateur station operating procedures. 5 3 1 4
(3) Radio wave propagation characteristics
of amateur 4 3 2
2
service frequency bands
(4) Amateur radio practices. 8 5 4 4
(5) Electrical principles as applied
to amateur station 6 2
10 6
equipment.
(6) Amateur station equipment circuit components. 4 1 6 4
(7) Practical circuits employed in amateur
station 3 1 10
4
equipment.
(8) Signals and emissions transmitted
by amateur 4 2 6
4
stations.
(9) Amateur station antennas and feed lines. 6 4 5 4
(10) Radiofrequency environmental safety
practices 10 5 0
0
at an amateur station.
14. Section 97.505 is revised to read as follows:
97.505 Element credit.
(a) The administering VEs must give credit
as specified below to an examinee holding any of the
following licenses and documents:
(1) An unexpired (or expired but within
the grace period for renewal) Advanced Class operator
license: Elements 1(B), 3(A), 3(B) and 4(A).
(2) An unexpired (or expired but within
the grace period for renewal) General Class operator license:
Elements 1(B), 3(A) and 3(B).
(3) An unexpired (or expired but within
the grace period for renewal) Technician Plus Class operator
license: Elements 1(A) and 3(A).
(4) An unexpired (or expired but within
the grace period for renewal) Technician Class operator
license: Element 3(A).
(5) An unexpired (or expired but within
the grace period for renewal) Novice Class operator license:
Element 1(A)..
(6) A CSCE: Each element the CSCE indicates the examinee has passed.
(7) An unexpired (or expired less than
5 years) FCC-issued commercial radiotelegraph operator
license or permit document: Element 1(C).
(8) An expired FCC-issued Technician
Class operator license document (or proof of having held the
document) granted before March 21, 1987: Element 3(B).
(9) An expired, or unexpired, FCC-issued
Technician Class operator license document (or proof of
having held the document) granted before February 14, 1991: Element
1(A).
(b) No examination credit, except as
herein provided, shall be allowed on the basis of holding or
having held any other license grant or document.
15. Section 97.507 is revised to read as follows:
97.507 Preparing an examination.
(a) Each telegraphy message and each
written question set administered to an examinee must be
prepared by a VE holding an Amateur Extra Class operator license.
A telegraphy message or written question
set may also be prepared for the following elements by a VE holding
an operator license of the class indicated:
(1) Element 3(B): Advanced Class operator.
(2) Element 1(A) and 3(A): Advanced or General Class operator.
(b) Each question set administered to
an examinee must utilize questions taken from the applicable
question pool.
(c) Each telegraphy message and each
written question set administered to an examinee for an amateur
operator license must be prepared, or obtained from a supplier, by
the administering VEs according to
instructions from the coordinating VEC.
(d) A telegraphy examination must consist
of a message sent in the international Morse code at no less
than 5 wpm for a minimum of 5 minutes. The message must contain
each required telegraphy character at least
once. No message known to the examinee may be administered in
a telegraphy examination. Each 5 letters
of the alphabet must be counted as 1 word. Each numeral, punctuation
mark, and prosign must be counted as
2 letters of the alphabet.
16. Section 97.509 is revised to read as follows:
97.509 Administering VE requirements.
(a) Each examination for an amateur operator
license must be administered by a team of at least 3 VEs
at an examination session coordinated by a VEC. Before the session,
the administering VEs or the VE session
manager must ensure that a public announcement is made giving the location
and time of the session. The
number of examinees at the session may be limited.
(b) Each administering VE must:
(1) Be accredited by the coordinating VEC;
(2) Be at least 18 years of age;
(3) Be a person who holds an amateur operator license of the class specified below:
(i) Amateur Extra, Advanced or General
Class in order to administer a Technician Class operator
license examination;
(ii) Amateur Extra or Advanced Class
in order to administer a General Class operator license
examination;
(iii) Amateur Extra Class in order to
administer an Advanced or Amateur Extra Class operator license
examination.
(4) Be a person whose amateur station
license or amateur operator license has never been revoked or
suspended.
(c) Each administering VE must be present
and observing the examinee throughout the entire
examination. The administering VEs are responsible for the proper
conduct and necessary supervision of each
examination. The administering VEs must immediately terminate
the examination upon failure of the examinee
to comply with their instructions.
(d) No VE may administer an examination
to his or her spouse, children, grandchildren, stepchildren,
parents, grandparents, stepparents, brothers, sisters, stepbrothers,
stepsisters, aunts, uncles, nieces, nephews
and in-laws.
(e) No VE may administer or certify any
examination by fraudulent means or for monetary or other
consideration including reimbursement in any amount in excess of that
permitted. Violation of this provision
may result in the revocation of the VE's amateur station license and
the suspension of the VE's amateur
operator license.
(f) No examination that has been compromised
shall be administered to any examinee. Neither the
same telegraphy message nor the same question set may be re-administered
to the same examinee.
(g) Passing a telegraphy receiving examination
is adequate proof of an examinee's ability to both send
and receive telegraphy. The administering VEs, however, may also
include a sending segment in a telegraphy
examination.
(h) Upon completion of each examination
element, the administering VEs must immediately grade the
examinee's answers. The administering VEs are responsible for
determining the correctness of the examinee's
answers.
(i) When the examinee is credited for
all examination elements required for the operator license sought,
the 3 VEs must certify on the examinee's application document that
the applicant is qualified for the license
and that they have complied with these administering VE requirements.
The certifying VEs are jointly and
individually accountable for the proper administration of each examination
element reported on the examinee's
application FCC Form 610. The certifying VEs may delegate to
other qualified VEs their authority, but not
their accountability, to administer individual elements of an examination.
(j) When the examinee does not score
a passing grade on an examination element, the administering
VEs must return the application document to the examinee and inform
the examinee of the grade.
(k) The administering VEs must accommodate
an examinee whose physical disabilities require a
special examination procedure. The administering VEs may require
a physician's certification indicating the
nature of the disability before determining which, if any, special
procedures must be used.
(l) The administering VEs must issue
a CSCE to an examinee who scores a passing grade on an
examination element.
(m) Within 10 days of the administration
of a successful examination for an amateur operator license,
the administering VEs must submit the application document to the coordinating
VEC.
Separate Statement of Commissioner Harold W. Furchtgott-Roth
In re: Notice of Proposed Rule Making
1998 Biennial Regulatory Review -- Amendment of Part 97 of the Commission's
Rules to Simplify the
Amateur Service Rules and to Delete Unnecessary Requirements and Procedures
I support adoption of this NPRM. In
my view, any reduction of unnecessary regulatory burdens is
beneficial. To that extent, this item is good and I am all for
it. This item should not, however, be mistaken for
complete compliance with Section 11 of the Communications Act.
As I have explained previously, the FCC is
not planning to "review all regulations issued under this
Act . . . that apply to the operations or activities of any provider
of telecommunications service," as required
under Subsection 11(a) in 1998 (emphasis added). See generally
1998 Biennial Regulatory Review -- Review
of Computer III and ONA Safeguards and Requirements, 13 FCC Rcd 6040
(released Jan. 30, 1998). Nor
has the Commission issued general principles to guide our public
interest analysis and decision-making
process across the wide range of FCC regulations.
In one important respect, however, the FCC's
current efforts are more ambitious and difficult than I
believe are required by the Communications Act. Subsection 11(a)
-- "Biennial Review" -- requires only that
the Commission "determine whether any such regulation is no longer
necessary in the public interest"
(emphasis added). It is pursuant to Subsection 11(b) -- "Effect
of Determination" -- that regulations determined
to be no longer in the public interest must be repealed or modified.
Thus, the repeal or modification of our
rules, which requires notice and comment rule making proceedings, need
not be accomplished during the year
of the biennial review. Yet the Commission plans to complete
roughly thirty such proceedings this year.
I encourage parties to participate in these
thirty rule making proceedings. I also suggest that parties
submit to the Commission -- either informally or as a formal filing
-- specific suggestions of rules we might
determine this year to be no longer necessary in the public interest
as well as ideas for a thorough review of
all our rules pursuant to Subsection 11(a).
*******
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