**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| Amendment of Part 97 of the      | ** |                              |
| Commission's Rules to Implement  |    |                              |
| Certain World Radio              | *  |                              |
|                                  | *) |                              |
| Conference 2003 Final Acts       | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: January 17, 2006 Released: January 19, 2006**

By the Acting Chief, Wireless Telecommunications Bureau:

1.  In this *Order*, the Wireless Telecommunications Bureau, on its own
    motion, adopts certain amendments to the Amateur Radio Service
    rules,[^1] in accordance with the authority delegated by the
    Commission pursuant to Section 0.331(d) of the Commission\'s
    Rules.[^2] These amendments will ensure that the Commission\'s
    Amateur Radio Service rules conform to Article 25 of the
    international Radio Regulations (Radio Regulations), adopted at the
    2003 World Radiocommunication Conference (WRC-03),[^3] and will
    further the Commission's ongoing efforts to streamline its Amateur
    Service Rules.[^4] The overall effect of this action is to update
    the Part 97 Amateur Radio Service rules in the Code of Federal
    Regulations to conform to now-effective international agreements. We
    adopt these conforming amendments to the Part 97 Amateur Radio
    Service rules without notice and comment, which is not required in
    this case under the Administrative Procedure Act (APA).[^5]

2.  As a general matter, we observe that international arrangements have
    been made that permit amateur stations regulated by the Commission
    to communicate with amateur stations located in other countries.
    Those arrangements have been implemented in Sections 97.111, 97.113,
    97.115, and 97.117 of the Commission's Rules.[^6] Amending these
    rules is consistent with the action taken by the Commission in WT
    Docket No. 01-140,[^7] in which it amended Section 97.307(d)[^8] to
    have this rule conform to the Radio Regulations adopted at
    WRC-00[^9] and it amended other amateur service rules to reflect
    changes in Commission organization and practice.[^10]

3.  *Section 97.111:* We revise Section 97.111(a)(1) of the Commission's
    Rules to conform to the current language of Radio Regulations
    Article 25.1.[^11] Previously, Article 25.1 stated
    \"Radiocommunications between amateur stations of different
    countries shall be forbidden if the administration of one of the
    countries concerned has notified that it objects to such
    radiocommunications.\"[^12] Article 25.1, as revised at WRC-03, now
    states \"Radiocommunications between amateur stations of different
    countries shall be permitted unless the administration of one of the
    countries concerned has notified that it objects to such
    radiocommunications.\"[^13] Section 97.111(a)(1) of the Commission's
    Rules currently authorizes amateur stations to make
    \"\[t\]ransmissions necessary to exchange messages with other
    stations in the amateur service, except those in any country whose
    administration has given notice that it objects to such
    communications.\" In order to conform Section 97.111(a)(1) to the
    amended Radio Regulation, we hereby amend the rule to state that
    amateur stations are authorized to make transmissions necessary to
    exchange messages with other stations in the amateur service, except
    those in any country whose administration has notified the ITU that
    it objects to such communications. In this regard, we note that this
    change does not prejudice the Commission's consideration of comments
    to its proposed rule changes to Section 97.111(a)(2)[^14] in the
    ongoing WT Docket 04-140 proceeding.[^15] In that proceeding, the
    Commission has proposed to amend Section 97.111(a)(2) to clarify
    that amateur stations may at all times and on all authorized
    channels transmit communications necessary to meet essential needs
    and to facilitate relief actions.[^16]

4.  *Section 97.115:* We revise Section 97.115(a)(2) of the Commission's
    Rules[^17] to conform to the current language of Radio Regulations
    Article 25.3.[^18] Previously, Article 25.3 stated \"It is
    absolutely forbidden for amateur stations to be used for
    transmitting international communications on behalf of third
    parties.\"[^19] On a related note, Article 25.4 stated \"The
    proceeding provision \[Article 25.3\] may be modified by special
    arrangements between the administrations of the countries
    concerned.\"[^20] Article 25.3, as revised at WRC-03, now states
    "Amateur stations may be used for transmitting international
    communications on behalf of third parties only in case of
    emergencies or disaster relief. An administration may determine the
    applicability of this provision to amateur stations under its
    jurisdiction."[^21] Section 97.115(a) of the Commission's Rules
    states \"An amateur station may transmit messages for a third party
    to: . . . (2) Any station within the jurisdiction of any foreign
    government whose administration has made arrangements with the
    United States to allow amateur stations to be used for transmitting
    international communications on behalf of third parties. No station
    shall transmit messages for a third party to any station within the
    jurisdiction of any foreign government whose administration has not
    made such an arrangement. This prohibition does not apply to a
    message for any third party who is eligible to be a control operator
    of the station.\" In order to conform Section 97.115(a)(2) to the
    amended Radio Regulation, we amend Section 97.115(a)(2) to allow
    amateur stations to transmit international third party
    communications to any station within the jurisdiction of any foreign
    government when transmitting emergency or disaster relief
    communications and to any station within the jurisdiction of any
    foreign government whose administration has made arrangements with
    the United States to allow amateur stations to be used for
    transmitting international communications on behalf of third
    parties.[^22]

5.  *Section 97.113:* We revise Section 97.113(a)(4) of the Commission's
    Rules[^23] to conform to the current language of Radio Regulations
    Article 25.2A.[^24] Previously, Article 25.2 stated \"When
    transmissions between amateur stations of different countries are
    permitted, they shall be made in plain language and shall be limited
    to messages of a technical nature relating to tests and to remarks
    of a personal character for which, by reason of their unimportance,
    recourse to the public telecommunications service is not
    justified.\"[^25] Article 25.2A, as adopted at WRC-03, now states
    \"Transmissions between amateur stations of different countries
    shall not be encoded for the purpose of obscuring their meaning,
    except for control signals exchanged between earth command stations
    and space stations in the amateur satellite service.\"[^26] Section
    97.113(a) of the Commission's Rules currently states \"No amateur
    station shall transmit: . . . (4) . . . messages in codes or ciphers
    intended to obscure the meaning thereof, except as otherwise provide
    herein; . . .\" In order to conform Section 97.113(a)(4) to the
    amended Radio Regulations, we amend this rule to prohibit amateur
    stations exchanging messages with amateur stations in other
    countries from making transmissions that are encoded for the purpose
    of obscuring their meaning, except for control signals exchanged
    between earth command stations and space stations in the
    amateur-satellite service. With regard to the exception in the Radio
    Regulations for encoded control signals exchanged between earth
    command stations and space stations in the amateur-satellite
    service, we note that this exception is already set forth in the
    Commission\'s Rules.[^27]

6.  *Section 97.117:* We revise Section 97.117 of the Commission's
    Rules[^28] to reflect the current language of Article 25.2 of the
    Radio Regulations*.*[^29] Article 25.2, as revised at WRC-03, now
    states \"Transmissions between amateur stations of different
    countries shall be limited to communications incidental to the
    purposes of the amateur service, as defined in No. 1.56 \[which
    defines the amateur service\] and to remarks of a personal
    character.\"[^30] Section 97.117 of the Commission's Rules currently
    states \"Transmissions to a different country, where permitted,
    shall be made in plain language and shall be limited to messages of
    a technical nature relating to tests, and, to remarks of a personal
    character for which, by reason of their unimportance, recourse to
    the public telecommunications service is not justified.\" In order
    to conform Section 97.117 to the amended Article 25.2 of the Radio
    Regulations, we amend Section 97.117 to state that amateur stations
    may transmit communications incidental to the purposes of the
    amateur service and to remarks of a personal character.

7.  *Sections 97.3 and 97.309:* We revise the definition of
    \"International Morse code\"[^31] and various digital codes in the
    Amateur Radio Service rules[^32] because these definitions have been
    updated in the current Radio Regulations. Specifically, we note that
    previous Radio Regulation references to International Telegraph and
    Telephone Consultative Committee Recommendations have been
    superseded by references to other recommendations*.* Accordingly, we
    revise Sections 97.3(a)(27) and 97.309(a) to conform to the current
    Radio Regulations definitions*.*[^33]

8.  Accordingly, IT IS ORDERED that Part 97 of the Commission's Rules is
    AMENDED in accordance with the foregoing *Order* and as set forth in
    Appendix A, effective upon publication in the Federal Register. This
    action is taken pursuant to the authority delegated under [47 C.F.R.
    §§
    0.131(a)](http://web2.westlaw.com/find/default.wl?DB=1000547&DocName=47CFRS0.131&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw)
    and
    [0.331(d)](http://web2.westlaw.com/find/default.wl?DB=1000547&DocName=47CFRS0.331&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw).

> FEDERAL COMMUNICATIONS COMMISSION
>
> Catherine W. Seidel
>
> Acting Chief, Wireless Telecommunications Bureau

**APPENDIX A**

**Final RULES**

**PART 97 -- AMATEUR RADIO SERVICE**

1\. The authority citation for Part 97 continues to read as follows:

Authority: 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 97.3(a)(27) is amended to read as follow:

**§ 97.3 Definitions.**

\(a\) \*\*\*

\(27\) International Morse code. A dot-dash code as defined in ITU-T
Recommendation F.1 (March, 1998), Division B, I. Morse code.

\*\*\*\*\*

3\. Section 97.111(a)(1) is amended to read as follows:

**§ 97.111 Authorized transmissions.**

\(a\) \*\*\*

\(1\) Transmissions necessary to exchange messages with other stations
in the amateur service, except those in any country whose administration
has notified the ITU that it objects to such communications. The FCC
will issue public notices of current arrangements for international
communications;

\*\*\*\*\*

4\. Section 97.113(a)(4) is amended to read as follows:

**§ 97.113 Prohibited transmissions.**

\(a\) \*\*\*

\(4\) Music using a phone emission except as specifically provided
elsewhere in this section; communications intended to facilitate a
criminal act; messages encoded for the purpose of obscuring their
meaning, except as otherwise provided herein; obscene or indecent words
or language; or false or deceptive messages, signals or identification;

\*\*\*\*\*

5\. Section 97.115(a)(2) is amended to read as follows:

**§ 97.115 Third party communications.**

\(a\) \*\*\*

\(2\) Any station within the jurisdiction of any foreign government when
transmitting emergency or disaster relief communications and any station
within the jurisdiction of any foreign government whose administration
has made arrangements with the United States to allow amateur stations
to be used for transmitting international communications on behalf of
third parties. No station shall transmit messages other than emergency
or disaster relief communications for a third party to any station
within the jurisdiction of any foreign government whose administration
has not made such an arrangement. This prohibition does not apply to a
message for any third party who is eligible to be a control operator of
the station.

**\*\*\*\*\***

6\. Section 97.117 is amended to read as follows:

**§ 97.117 International communications.**

Transmissions to a different country, where permitted, shall be shall be
limited to communications incidental to the purposes of the amateur
service and to remarks of a personal character.

7\. Section 97.309(a)(1)-(3) is amended to read as follows:

**§ 97.309 RTTY and data emission codes.**

\(a\) \*\*\*

\(1\) The 5-unit, start-stop, International Telegraph Alphabet No. 2,
code defined in ITU-T Recommendation F.1, Division C (commonly known as
\"Baudot\").

\(2\) The 7-unit code specified in ITU-R Recommendations M.476-5 and
M.625-3 (commonly known as \"AMTOR\").

\(3\) The 7-unit, International Alphabet No. 5, code defined in ITU-T
Recommendation T.50 (commonly known as \"ASCII\").

\*\*\*\*\*

[^1]: 47 C.F.R. Part 97. The amateur radio services are the amateur
    service, the amateur-satellite service, and the radio amateur civil
    emergency service. *See* 47 C.F.R. § 97.3(a)(2).

[^2]: 47 C.F.R. § 0.331(d). Section 0.331(d) provides:

    > The Chief, Wireless Telecommunications Bureau shall not have the
    > authority to act upon notices of proposed rulemaking and inquiry,
    > final orders in rulemaking proceedings and inquiry proceedings,
    > and reports arising from any of the foregoing *except* such orders
    > involving *ministerial conforming amendments to rule parts, or*
    > *orders conforming any of the applicable rules to formally adopted
    > international conventions or agreements where novel questions of
    > fact, law, or policy are not involved* (emphasis added).

[^3]: *See* International Telecommunications Union (ITU) *World
    Radiocommunication Conference Final Acts (Geneva, 2003)* (*WRC-03
    Final Acts*), Article 25, to which the United States was a
    signatory. The *WRC‑03 Final Acts* applicable to the amateur service
    became effective on July 5, 2003. *See WRC‑03 Final Acts*, Annex.

[^4]:
    > *See* Amendment of Part 97 of the Commission's Rules Governing
    > Amateur Radio Services, WT Docket No. 04-140, *Notice of Proposed
    > Rulemaking and Order*, 19 FCC Rcd 7293 (2004) (proposing to revise
    > operating privileges for Amateur Radio Service licensees as well
    > as to eliminate obsolete and duplicative rules in the Amateur
    > Radio Service) (*Amateur NPRM*).

[^5]: *See* 5 U.S.C. § 553(a)(1) (notice and comment rulemaking
    procedures do not apply "to the extent that there is involved---a .
    . . foreign affairs function of the United States"); *Int\'l
    Brotherhood of Teamsters v. Pena,* 17 F.3d 1478, 1486 (D.C. Cir.
    1994) (explicitly rejecting argument that APA's notice and comment
    requirements applied to rules that Department of Transportation
    (DOT) adopted pursuant to the North American Free Trade Agreement,
    and stating that foreign function exception of APA's Section
    553(a)(1) applied because "\[t\]he rule at issue . . . did no more
    than implement an agreement between the United States and Mexico . .
    . \[and\] the United States would have been reneging on
    international obligations if DOT had not issued the rule"); *WBEN,
    Inc. v. United States,* 396 F.2d 601, 616 (2d Cir. 1968) (applying
    Section 553 \"foreign affairs\" exception to FCC rule implementing
    agreement between the U.S. and Canada that imposed power limits on
    pre-sunrise broadcasts).

[^6]: *See* 47 C.F.R. §§ 97.111, 97.113, 97.115, 97.117. *See also*
    Amateur Service International Radiocommunication, *Public Notice*, 4
    FCC Rcd 6660 (PRB 1989); Amateur Service Arrangements, *Public
    Notice*, 13 FCC Rcd 17930 (WTB 1998).

[^7]: *See Amateur NPRM*, 19 FCC Rcd at 7335 ¶ 98.

[^8]: 47 C.F.R. § 97.307(d).

[^9]: *See* Final Acts of the World Radiocommunication Conference
    (WRC-97), Geneva, 1997, and Final Acts of the World
    Radiocommunication Conference (WRC-2000), Istanbul, 2000 (*2000*
    *Radio Regulations).*

[^10]: *See Amateur NPRM*, 19 FCC Rcd at 7334 ¶ 96.

[^11]: *See WRC-03 Final Acts*, Article 25.1.

[^12]: *See 2000* *Radio Regulations,* Article 25.1.

[^13]: Given the international context of both the communications
    referred to and the Radio Regulations, notification is to be
    provided to the ITU.

[^14]: *See* 47 C.F.R. § 97.111(a)(2). This rule concerns emergency
    communications exchanged between an Amateur Radio Service station
    and stations in other Commission-regulated services.

[^15]: *See Amateur NPRM*, 19 FCC Rcd at 7331 ¶ 87.

[^16]: Currently, our Rules limit amateur station transmissions in
    support of relief actions to disasters in circumstances where normal
    communication systems are overloaded, damaged or disrupted. *See* 47
    C.F.R. § 97.401.

[^17]: 47 C.F.R. § 97.115(a)(2).

[^18]: *See WRC-03 Final Acts*, Article 25.3.

[^19]: *See 2000* *Radio Regulations,* Article 25.3.

[^20]: *See 2000* *Radio Regulations,* Article 25.4.

[^21]: *See WRC-03 Final Acts*, Article 25.3.

[^22]: The conforming amendment that we adopt here does not implicate
    the Commission's proposal in WT Docket 04-140 to revise Sections
    97.115(b)(2) and (c) of the Rules to expand to the existing list of
    individuals not eligible to be third-parties. *See* *Amateur NPRM*,
    19 FCC Rcd at 7329 ¶ 84.

[^23]: 47 C.F.R. § 97.113(a)(4).

[^24]: *See WRC-03 Final Acts*, Article 25.2A.

[^25]: *See 2000* *Radio Regulations,* Article 25.2.

[^26]: *See WRC-03 Final Acts*, Article 25.2A.

[^27]: Specifically, this exception is codified in Section 97.211(b), 47
    C.F.R. § 97.211(b), which provides that an Amateur Radio Station
    that is controlling an amateur service space station may transmit
    special codes intended to obscure the meaning of telecommand
    messages transmitted to the space station.

[^28]: 47 C.F.R. § 97.117.

[^29]: *See WRC-03 Final Acts*, Article 25.2.

[^30]: *Id.*

[^31]: *See* 47 C.F.R. § 97.3(a)(27); *see also* Leonard H. Anderson
    Comments, WT Docket No. 04-140, at 1.

[^32]: *See* 47 C.F.R. § 97.309(a).

[^33]: 47 C.F.R. §§ 97.3(a)(27), 97.309(a).