**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of             | * |   | WT Docket No. 04-140    |         |
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| Amendment of Part 97 of the  | ) |   | RM-10313, RM-10352,     |         |
| Commission's Rules           | * |   | RM-10353,               |         |
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| Governing the Amateur Radio  |   |   | RM-10354, RM-10355,     |         |
| Services                     | * |   | RM-10412,               |         |
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| Amendment of Section 97.111  | ) |   | RM-10413, RM-10492,     |         |
| of the Amateur               | * |   | RM-10521,               |         |
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| Radio Service Rules to Limit |   |   | RM-10582, RM-10620,     |         |
| Transmissions of             | * |   | RM-10621                |         |
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| Information Bulletins        | ) |   |                         |         |
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| Conforming Amendments to     | * |   |                         |         |
| Part 97 of                   |   |   |                         |         |
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| Commission's Rules to        | * |   |                         |         |
| Implement the World          | ) |   |                         |         |
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| Radio Conference 1997 Final  | * |   |                         |         |
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| Amendment of Part 97 to      | * |   |                         |         |
| Provide Color-coded          | ) |   |                         |         |
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| License Documents            | * |   |                         |         |
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| Amendment of Part 97 to      | * |   |                         |         |
| Allow Instant Temporary      | * |   |                         |         |
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| Licensing                    | * |   |                         |         |
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| Amendment of the Amateur     |   |   |                         |         |
| Service Rules to Limit       | * |   |                         |         |
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| One--way Voice Broadcasting  | ) |   |                         |         |
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| and 97.113 of the            | * |   |                         |         |
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+------------------------------+---+---+-------------------------+---------+
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+------------------------------+---+---+-------------------------+---------+

NOTICE OF PROPOSED RULEMAKING AND ORDER

**Adopted: March 31, 2004 Released: April 15, 2004**

**Comment Date: June 15, 2004**

**Reply Comment Date: June 30, 2004**

By the Commission:

**TABLE OF CONTENTS**

Paragraph

I. INTRODUCTION AND EXECUTIVE
SUMMARY........................................\...\...\...\...\...\...\...\...1

II\. BACKGROUND 4

III\. DISCUSSION 6

A. Amateur Station Frequency Privileges 6

1\. High Frequency Privileges 7

2\. Very High Frequency Privileges 17

3\. Medium Frequency
Privileges........................................................................\...26

B. Station Operation
Standards.........................................................\...\...\...\...\...\...\...\...\...\.....35

C. Amateur Station Call Sign Systems 48

1\. Vanity Call Sign System 48

2\. Special Event Call Sign System 55

D. Field Repair Requirements for Equipment 58

E. Unlicensed Operation in the 420-450 MHz Band 61

F. Station Identification 64

G. Amateur Station Operation on the 902-928 MHz Band 67

H. Color Coded Amateur Radio Licenses 69

I. Instant Licensing 71

J. Space Station Launch Notification 73

K. Examination Credit for Merit and Service 78

L. Commission Proposals and Order 83

IV\. PROCEDURAL MATTERS 102

V. ORDERING CLAUSES 112

APPENDICES

Appendix A: Proposed rule changes

Appendix B: List of commenters

Appendix C: Adopted rule changes

# INTRODUCTION AND EXECUTIVE SUMMARY

1.  In this *Notice of Proposed Rulemaking* (*Notice*), we propose to
    revise operating privileges for amateur radio service licensees as
    well as to eliminate obsolete and duplicative rules in the Amateur
    Radio Service. Specifically, we propose to amend the Part 97 Amateur
    Radio Service rules[^1] in response to the filing of nineteen
    petitions for rulemaking and one informal request (collectively
    petitions).[^2] Four petitions address on-the-air operating
    privileges for amateur service licensees.[^3] Six petitions relate
    to the types of communications an amateur station may transmit.[^4]
    Three petitions concern the vanity call sign and special event call
    sign systems.[^5] Two petitions focus on the amateur service
    operator licensing system.[^6] Because some of the petitions have
    presented sufficient evidence to warrant proposing rule changes, and
    in the interest of administrative efficiency, we have consolidated
    these matters in this *Notice*. We also propose, on our own motion,
    other amendments to our Rules to conform the amateur radio service
    rules to the international *Radio Regulations*,[^7] revise portions
    of our amateur radio service rules, and amend certain rules to
    reflect changes in Commission organization and practices.

2.  The major rule changes we propose today are as follows:

    **.** Revise the operating privileges[^8] of amateur radio operators
    in four High Frequency bands;

> **.** Permit auxiliary stations to transmit on the 2 m amateur service
> band;
>
> **.** Permit amateur stations to transmit spread spectrum
> communications on the 1.25 m band;
>
> **.** Permit amateur stations to re-transmit communications from the
> International Space Station;
>
> **.** Allow amateur service licensees to designate the amateur radio
> club to receive their call sign, *in memoriam*;
>
> **.** Prohibit an applicant from filing more than one application for
> a specific vanity call sign;

**.** Eliminate unnecessary restrictions imposed on certain equipment
manufacturers;

> **.** Allow amateur radio stations in or near Alaska more flexibility
> in providing emergency communications; and
>
> **.** Eliminate unnecessary rules in the amateur radio operator
> license examination system.

3.  We believe that these proposals will: (1) promote the development of
    the amateur radio service by providing licensees greater flexibility
    in the utilization of amateur service frequencies; (2) eliminate
    unduly burdensome or duplicative requirements that may discourage
    individuals from becoming amateur radio service licensees; and (3)
    promote efficient use of spectrum allocated to the Amateur Radio
    Service. We solicit comments on these proposed rule changes.

# BACKGROUND

4.  Our Rules define the Amateur Radio Service as a radiocommunication
    service for the purpose of self-training, intercommunication and
    technical investigations carried out by amateur radio operators.[^9]
    This definition underlies the five principles that describe the
    fundamental purpose of the amateur service in the Unites
    States.[^10] Amateur radio operators are duly authorized persons
    interested in radio technique solely with a personal aim and without
    pecuniary interest,[^11] who carry out technical investigations[^12]
    and engage in voluntary, non-commercial communications with other
    amateur radio operators located in the United States and in foreign
    countries.[^13] Amateur radio operators may, on a purely voluntary
    basis, provide essential communication links and facilitate relief
    actions when normal communications systems are overloaded, damaged
    or disrupted.[^14]

5.  The *Radio Regulations* require operators of stations in the amateur
    service to be licensed.[^15] Over time, the number of operator
    license classes has varied from three[^16] to six.[^17] As a
    licensee advances to each successive class, the licensee earns more
    frequency privileges.[^18] In 1999, the Commission adopted the
    *License Restructure Report and Order* which substantially
    simplified the amateur service operator license structure and
    examination system.[^19] Although the Commission retained incentives
    in the license structure, such as additional frequency privileges,
    it declined to consider a comprehensive restructuring of operating
    privileges.[^20] The Commission concluded that because simplifying
    the license structure was independent of restructuring operating
    privileges,[^21] the amateur service community should have an
    opportunity to weigh in on such revisions before the Commission
    considers a comprehensive restructuring of operating
    privileges.[^22] Some of the petitions represent efforts within the
    amateur service community to restructure operating privileges for
    such licensees. On the basis of the petitions before us, we conclude
    that a comprehensive restructuring of operating privileges is now
    ripe for consideration.

# DIsCUSSION

## Amateur Station Frequency Privileges.

6.  *Background*. Our Rules authorize amateur stations to transmit
    communications and other radio frequency emissions in certain
    frequency bands.[^23] The class of operator license determines the
    frequency band, or segment of a frequency band, on which an amateur
    station may transmit.[^24] There are six classes of amateur service
    operator license grants currently recognized under our Rules.[^25]
    Among other privileges, our Rules permit a station controlled by a
    Novice Class licensee or a Technician Class licensee who has
    received credit for passing a Morse code examination[^26] to
    transmit a CW emission[^27] on the 3675-3725 kHz, 7100-7150 kHz, and
    21100-21200 kHz frequency segments and a CW, RTTY, and data
    emissions on the 28100-28300 kHz frequency segment.[^28] Moreover,
    our Rules permit a station controlled by a General Class licensee to
    transmit phone emissions on the 3850-4000 kHz, 7225-7300 kHz, and
    21300-21450 kHz frequency segments.[^29] Additionally, a station
    controlled by an Advanced Class licensee may transmit phone
    emissions on the 3775-4000 kHz and 7150-7300 kHz frequency segments
    of the 75 m and 40 m bands.[^30] Finally, our Rules permit an
    amateur station controlled by an Amateur Extra Class licensee to
    transmit phone emissions on the 3750-4000 kHz and 7150-7300 kHz
    frequency segments of the 75 m and 40 m bands.[^31] As discussed in
    further detail below, four petitioners request that we change the
    operator privileges authorized Novice Class, certain Technician
    Class, General, Advanced, and Amateur Extra Class amateur radio
    operators on the High Frequency (HF), Very High Frequency (VHF) and
    Medium Frequency (MF) amateur service bands.[^32]

### High Frequency Privileges. 

7.  [ARRL Petition]{.underline}. *Background.* On March 22, 2002, the
    ARRL requested that we eliminate the telegraphy frequency segments
    currently authorized to Novice and Technician Plus Class licensees,
    and to restructure the operating privileges authorized licensees in
    certain HF amateur service bands.[^33] The ARRL based its request on
    over 4,700 responses to a survey it conducted regarding different
    emission subband options for four of the eight HF amateur service
    bands.[^34] The ARRL notes that while the survey results did not
    reflect a consensus on any one HF band frequency alternative,[^35]
    most respondents favored dissolving the Novice and Technician Plus
    Class telegraphy subbands so that additional spectrum could be
    authorized for phone communications.[^36] The ARRL requests the
    Commission to amend Section 97.301 of its Rules to expand the
    frequency segments of the 80-, 40-, and 15 m HF amateur service
    bands that licensees may use for phone communications.[^37] The ARRL
    states that a "refarming" plan based on eliminating the Novice and
    Technician Plus Class subbands is critical because the segments
    presently authorized for phone and digital communications are
    severely overcrowded.[^38]

8.  Specifically, the ARRL Petition seeks the following: (1) Novice and
    Technician Plus Class licensees should be authorized to control an
    amateur station transmitting in any portion of the 80-, 40- and 15 m
    amateur service bands that provide for telegraphy operation by
    General Class licensees.[^39] The ARRL also requests that we
    authorize these licensees to control an amateur station transmitting
    CW, RTTY and data emissions in the 28000-28300 kHz frequency segment
    of the 10 m band;[^40] (2) General Class licensees should be
    authorized to control an amateur station transmitting voice
    communications on the 3800-4000 kHz, 7175-7300 kHz and 21275-21450
    kHz frequency segments;[^41] (3) Advanced Class licensees should be
    authorized to control an amateur station transmitting voice
    communications on the 3750-4000 kHz and 7125-7300 kHz frequency
    segments;[^42] and (4) Amateur Extra Class licensees should be
    authorized to control an amateur station transmitting voice
    communications on the 3725-4000 kHz and 7125-7300 kHz frequency
    segments.[^43]

9.  *Discussion.* The Commission received over one hundred and twenty
    comments regarding the ARRL's Petition. Several commenters express
    general support for the ARRL's refarming request.[^44] Other
    commenters also note that the Novice Class subbands are
    underutilized thus agreeing with the ARRL's request that we
    reallocate these subbands to other uses.[^45] Other commenters
    supporting the ARRL's request suggest that we either establish
    different frequency limits for the phone subbands,[^46] reallocate
    the Novice subband spectrum for only digital and experimental
    communications,[^47] allow Novice and Technician Plus Class licensee
    use of CW in all HF and MF bands,[^48] or allow Novice and
    Technician Plus Class licensee use of all narrowband digital modes
    in addition to CW in 80-, 40-, 15-, and 10 m bands.[^49] As an
    alternative to the ARRL's request, two commenters suggest that we
    eliminate subbands altogether and allow the amateur service
    community to address emission separation on its own through
    voluntary band planning.[^50] This suggestion, we note, was opposed
    by others.[^51]

10. On the other hand, some commenters oppose the request explaining
    that the current allocation of spectrum for voice communications is
    sufficient.[^52] Two commenters in particular state that allocating
    additional spectrum for single sideband (SSB) phone communications
    is spectrum-inefficient.[^53] Others oppose the request explaining
    they would prefer allocation of the spectrum for digital and
    experimental communications,[^54] or that Novice and Technician Plus
    Class licensees receive authorization to transmit CW in all HF and
    MF bands.[^55] In addition, some commenters believe that the
    proposal will not have any significant effect on congestion in the
    amateur service phone bands,[^56] or that the request for refarming
    of the amateur service frequencies should wait until after
    completion of the World Radio Conference in June 2003.[^57]

11. As an initial matter, we applaud the efforts of the ARRL in
    developing emission subband options[^58] and presenting these
    options to the amateur service community.[^59] We believe that the
    tremendous volume of survey responses indicates intense interest on
    the part of the amateur service community to promote spectrum
    efficiency. Because the ARRL Petition addresses the operating
    privileges of all classes of licensees on these amateur service
    bands, we believe that the ARRL Petition provides a basis for a
    comprehensive restructuring of operating privileges. We note that,
    as proposed, no licensees would lose any spectrum privileges and
    that General, Advanced, and Amateur Extra Class licensees would gain
    spectrum for phone emissions, one of the most popular operating
    modes on the HF bands. For these reasons, we will propose amending
    Part 97 of our Rules as the ARRL requests. We seek comment on this
    proposal.

12. [Rippey Petition]{.underline}. *Background.* On December 27, 2001,
    Mr. John S. Rippey[^60] requested that we authorize additional
    telegraphy and phone privileges in the 80-, 40-, 30-, 17-, 15-, 12-,
    and 10 m amateur service bands to Novice and Technician Plus Class
    amateur service licensees.[^61] The petitioner claims that the
    public interest would be served by increasing both the total number
    of amateur radio licensees and the number of licensees who are
    proficient in Morse code.[^62] The petitioner also states that the
    rule change would provide a greater opportunity for Novice and
    Technician Plus Class licensees to establish contacts with other
    amateur radio operators, thus enhancing their operating
    experience.[^63]

13. *Discussion*. Over forty comments were filed in response to this
    petition. The majority of commenters opposed the petition as
    unnecessary due to the ease in upgrading from the Novice and
    Technician Plus Class to the General or Amateur Extra Class.[^64]
    Other commenters argue that Novice and Technician Plus Class
    privileges have already expanded significantly,[^65] and that
    operating privileges would be more valued if they were
    achievement-based.[^66] Other commenters support the petition so
    long as the frequency subbands remain combined[^67] and a call sign
    system is developed to allow licensees to determine whether an
    operator has the requisite privileges for the frequency on which the
    station is transmitting.[^68]

14. Based on our review of the record, we are not persuaded to amend our
    rules as the petitioner requests. We believe that a Novice or
    Technician Plus Class licensee can easily upgrade to the General or
    Amateur Extra Class,[^69] thereby obtaining access to significantly
    more spectrum and greatly increasing the chance of establishing
    contacts with other amateur radio stations. Additionally, because
    the number of Novice and Technician Plus Class licensees has
    declined significantly,[^70] we believe that we should address
    operating privileges for these license classes only in a
    comprehensive restructuring of operating privileges for all license
    classes.[^71]

15. [Miller Petition]{.underline}. *Background*. On February 25, 2003,
    Mr. Mark Miller requested that we amend Section 97.305(c) of our
    Rules to allow an amateur station to transmit an image emission that
    occupies a bandwidth of 500 Hz or less on the frequency segments of
    HF amateur service bands now authorized for data and RTTY emission
    types.[^72] In support of this request, Mr. Miller states that
    personal computers with sound cards and software have made it
    possible for amateur radio operators to develop new communication
    systems and that these systems are being used on the amateur service
    HF bands.[^73] Petitioner explains that one system in use combines a
    digital emission and a narrowband facsimile (FAX) emission,[^74]
    thereby allowing the operator to establish communications using
    text, then automatically switch to a FAX emission, then
    automatically switch back to the digital emission.[^75] He also
    explains that another system[^76] uses transmitted pulses to
    directly write images on paper or a computer screen.[^77] Petitioner
    notes that amateur radio operators worldwide have been using these
    communication systems since late December, 2002, and that the use of
    these systems has not caused harmful interference to other amateur
    service communications, but that our Rules do not authorize an
    amateur station to transmitting an image emission type in frequency
    segments of the HF bands that are authorized for data emission
    types.[^78] He requests, therefore, that our Rules be amended to
    reflect current emission and operating practices, and to limit the
    occupied bandwidth of image emissions in data segments of the HF
    bands to 500 Hz or less so that the narrow bandwidth nature of these
    band segments is maintained.[^79]

16. *Discussion*. As an initial matter, we note that one of the purposes
    of the amateur service is to contribute to the advancement of the
    radio art.[^80] We believe that amateur radio operators using
    amateur service spectrum to develop new communications systems are
    using the service in a manner that is consistent with the basis and
    purpose of the amateur service. We also believe that our Rules
    should not be an impediment to amateur radio operator's development
    of new or improved communication systems. In this regard, we note
    that the reason amateur radio operators currently may not transmit
    communications that combine image emission types and data emission
    types on HF frequency segments where data emissions are authorized
    is not a technical reason, but rather is because our Rules do not
    authorize stations to transmit both image and data emission types on
    any HF frequency segments.[^81] We also note that amateur radio
    operators apparently have developed communication systems and
    technologies that transmit both image and data emission types, and
    that they are using these systems for communicating. For this
    reason, we are persuaded that our Rules are not in harmony with
    current emission and operating practices and that our Rules may be
    impeding amateur radio operators in advancing the radio art. We
    believe, therefore, that petitioner has presented sufficient reason
    to justify the requested rule amendment. We will not, however,
    propose to revise Section 97.307(c) as requested by the petitioner.
    Rather, we believe that revising the definition of data emission
    types in Section 97.3(c) to include image emission types currently
    being used and to limit image emissions to 500 Hz or less is
    consistent with the petitioner's request and will provide the
    amateur service community greater flexibility in developing
    communication systems and communication technology while maintain
    the narrow bandwidth nature of the data emission band segments.
    Specifically, we propose to revise the definition of data emission
    types that amateur stations may transmit to include emission types
    A1C and F2C[^82] (FAX) having an occupied bandwidth of 500 Hz or
    less. We request comment on this proposal

### Very High Frequency Privileges. 

17. [Auxiliary stations]{.underline}. *Background.* The amateur service
    rules define an auxiliary station as an amateur station, other than
    one in a message forwarding system,[^83] that is transmitting
    point‑to‑point communications within a system of cooperating amateur
    stations.[^84] Section 97.213(a)[^85] of the Commission's Rules
    provides that an amateur station on or within 50 km of the Earth's
    surface may be under telecommand[^86] where there is a radio or
    wireline control link between the control point and the station
    sufficient for the control operator to perform his or her
    duties.[^87] If the control link between the control point and the
    amateur station is a radio control link, then the control link must
    use an auxiliary station.[^88] An amateur station that is an
    auxiliary station may transmit on the 1.25 meter (m) and shorter
    wavelength bands, with certain exceptions.[^89] The underlying
    purpose of limiting auxiliary stations to these bands is to minimize
    the possibility of harmful interference[^90] to other amateur
    service stations and operations, particularly "weak signal"[^91]
    activity in the 2 m (144-148 MHz) band.[^92]

18. On November 4, 1999, Kenwood Communications Corp. (Kenwood), a
    manufacturer of amateur radio equipment, requested a declaratory
    ruling confirming that its "Sky Command System" (Sky Command)[^93]
    complies with the amateur service rules.[^94] Alternatively, Kenwood
    requested the Commission to grant blanket rule waivers so that
    amateur service licensees could utilize Sky Command.[^95] In 2000,
    the Public Safety and Private Wireless Division denied Kenwood's
    request, concluding that Section 97.201(b) of the Commission's Rules
    does not authorize auxiliary stations to transmit on the 2 m band,
    and that Kenwood did not meet the standards for a waiver
    request.[^96]

19. Subsequently, on May 1, 2001, Kenwood requested that we amend
    Section 97.201(b) of our Rules to allow auxiliary stations to
    transmit on the 2 m band above 144.5 MHz, except 145.8-146.0 MHz, in
    addition to the frequency segments previously authorized.[^97]
    Kenwood states that this proposed rule change would increase the
    flexibility of amateur radio licensees without adversely affecting
    other services or amateur radio stations that use the 2 m band, and
    would promote the development and use of new technology, including
    Sky Command.[^98]

20. *Discussion*. The Commission received twenty-four comments
    supporting Kenwood's request and sixteen comments opposing the
    request. Those supporting Kenwood's request state that (a) the 2 m
    band is not heavily used[^99] and such use is no different than
    other uses already occurring on the band,[^100] (b) auxiliary
    stations transmit on short distance simplex channels which would not
    cause interference to other stations on the band,[^101] (c) it would
    allow for the development of new emergency communication systems and
    capabilities[^102] and support other applications such as
    controlling an HF station[^103] in a vehicle,[^104] or from an
    antenna-restricted residence,[^105] and (d) it is consistent with
    flexible service rules.[^106]

21. On the other hand, some commenters state that it is not necessary
    for auxiliary stations to transmit on the 2 m band because
    sufficient amateur service spectrum is available on and above the
    220 MHz band.[^107] Others claim that the 2 m band is heavily
    used,[^108] and argue that increased interference will occur if the
    rules are revised as Kenwood requests.[^109] Some commenters believe
    that existing rules are sufficient to address this concern,[^110] or
    that licensees can either address this issue amongst themselves or
    through existing coordination policies.[^111]

22. Because we have no basis to conclude that auxiliary stations
    transmitting on the 2 m band would cause harmful interference or
    that user coordination would not be possible,[^112] we believe that
    Kenwood's proposed rule change will be consistent with our
    flexible-use policy in the amateur service. In this regard, we note
    that the frequency segments Kenwood requests does not affect the
    frequency segments authorized to automatically controlled beacon
    stations,[^113] space stations,[^114] earth stations[^115] or those
    frequency segments that amateur radio operators have voluntarily
    agreed to use for simplex and weak signal communications.[^116] We
    therefore believe the record in this proceeding warrants proposing
    the amendment of Section 97.201(b) of our Rules as Kenwood requests,
    and we seek comment on this proposal.[^117]

23. [Spread spectrum]{.underline}. *Background.* Currently, we authorize
    amateur stations to transmit Spread Spectrum (SS) emission types on
    any amateur service frequency above 420 MHz.[^118] In its petition,
    the ARRL also requests that we amend the rules to authorize amateur
    stations to transmit SS emission types on an additional 3 MHz of
    amateur service spectrum.[^119] Specifically, the ARRL requests that
    we amend Section 97.305(c) to authorize amateur stations to transmit
    SS emission in the frequency segment 222-225 MHz.[^120] In support
    of this request, the ARRL states that presently there is no VHF band
    in which amateur stations may transmit SS emissions[^121] and that
    authorizing amateur stations to transmit these emissions on the 1.25
    m band would be consistent with the flexible regulatory framework
    the Commission provided in 1999 when it revised the rules[^122] to
    permit amateur stations to transmit different types of SS
    emissions.[^123] The ARRL also states that this requested rule
    revision would allow amateur radio operators to continue the
    development of new services through experimentation, would promote
    technological innovation, and would eliminate unnecessary regulatory
    burdens.[^124] With regard to the impact of this requested revision
    on other amateur stations using the 1.25 m band, the ARRL states
    that there are significant opportunities for re-use of this spectrum
    for SS communications and experimentation[^125] and that SS
    emissions in the 1.25 m band would remain subject to the
    restrictions set forth in Section 97.311[^126] of our Rules.[^127]
    Two comments were received concerning this requested rule change.
    One commenter states he supports this request.[^128] Another
    commenter, however, opposed the request explaining that interference
    to other amateur stations using the 220 MHz band in Southern
    California may result.[^129]

24. *Discussion*. The Commission adopted the present limitation
    restricting amateur stations to transmitting SS emission types only
    on frequencies above 420 MHz in 1985.[^130] These limitations were
    adopted to reduce the interference potential of SS
    transmissions.[^131] We note that there has been no showing that SS
    transmissions have caused or would cause harmful interference.
    Additionally, we do not believe that mere speculation of
    interference to other stations is a basis for continuing to prohibit
    amateur stations from transmitting SS emission types in an
    additional frequency band. We believe that authorizing amateur
    stations to transmit SS emission types in the 1.25 m band would be
    consistent with the experimental purpose of the amateur
    service[^132] and possibly allow amateur radio operators to
    contribute to the advancement of communications technology. We also
    believe that retaining the requirement that SS emission in the 1.25
    m band remain subject to the restrictions set forth in Section
    97.311[^133] would be sufficient to insure that amateur stations
    transmitting SS emission types do not impact the operation of other
    amateur stations. Therefore, we propose to revise Section 97.305(c)
    as requested by the ARRL and we request comment on this proposal.

25. We note, however, that in addition to the 1.25 m band, we authorize
    amateur stations to transmit on two other frequency bands in the VHF
    portion of the spectrum and that these bands, the 6 m[^134] and the
    2 m[^135] amateur service bands, each contain 4 MHz of spectrum as
    compared to the 3 MHz of spectrum in the 1.25 m band. It appears to
    us that because both of these bands are wider than the 1.25 m band,
    these two additional bands may be even more useful for SS
    experimentation than the 1.25 m band because more spectrum is
    available for spreading of the emissions. We also see no reason that
    the restrictions on SS emissions in other bands[^136] would not be
    sufficient to insure that amateur stations transmitting SS emission
    types do not impact the operation of other amateur stations in the 6
    m and 2 m amateur bands. Additionally, we see no technical reason
    why we should propose authorizing amateur stations to transmit SS
    emissions in the 1.25 m band, but not the 6 m or 2 m amateur bands.
    Therefore, we request comment regarding whether we should allow
    amateur stations to transmit SS emission types on either or both of
    the 6 m and 2 m amateur service bands, in addition to the 1.25 m
    band.

### Medium Frequency Privileges. 

26. *Background.* The 160 m amateur service band[^137] is the only
    MF[^138] amateur service band and the lowest frequency band the
    amateur service is authorized.[^139] Because the 160 m amateur
    service band experiences very high ionospheric absorption during
    daylight hours and high levels of atmospheric noise during the
    summer, the distance communications can be transmitted and received
    on this band is limited, absent very sophisticated receiving
    systems.[^140] Conversely, at night and during sunset and sunrise
    time periods, because the ionospheric absorption is significantly
    less, and during the winter because atmospheric noise is less,
    longer distance two-way communications on this band are more likely
    to result.[^141]

27. The Commission authorizes amateur stations to transmit either an
    international Morse code telegraphy (CW) or a voice emission type on
    any channel in the 160 m band.[^142] Specifically, an amateur
    station controlled by a General, Advanced, or Amateur Extra Class
    amateur service licensee may transmit a CW, RTTY (radioteletype),
    data, phone, or image emission on any channel in the band.[^143] In
    order to accommodate specific operating activities, the amateur
    service community has developed a voluntary band plans for the 160 m
    amateur service band. The goal of this voluntary band plan is to
    minimize interference between stations simultaneously engaging in
    different operating activities.[^144] Voluntary band planning also
    allows the amateur service community to reallocate spectrum to
    accommodate changes in operating interests and technologies. Prior
    to July of 2001, the generally recognized 160 m voluntary band plan
    recommended use of the 1800-1840 kHz frequency segment for CW, RTTY
    and other narrowband modes, and use of the 1840-2000 kHz frequency
    segment for phone, image and other wideband modes.[^145]

28. In response to increased use of the 160 m band and concerns about
    whether the voluntary band plan was meeting the needs of 160 m
    users, the ARRL established a committee to review the 160 m band
    plan and to provide recommendations.[^146] The committee members
    included Mr. Jeffery T. Briggs and Mr. William R. Tippett II.[^147]
    After consideration of the committee's proposed revisions to the
    voluntary band plan, the ARRL recommended a division of the band
    into two segments: (a) the 1800-1843 kHz segment for narrowband,
    data and CW emissions; and (b) the 1843-2000 kHz segment for
    telephony, image, and other wideband emissions.[^148]

29. On September 10, 2001, Mr. Briggs and Mr. Tippett (160 m Petition)
    requested that we amend Section 97.305(c) in accordance with the
    revised voluntary 160 m band plan.[^149] Petitioners argued that the
    revised band plan should be mandatory rather than voluntary.[^150]
    In support of this request, petitioners state that the 160 m amateur
    band's unique propagation anomalies[^151] require the division of
    the band into wideband and narrowband frequency segments.[^152]
    Petitioners explain that such a division would greatly ease the
    interference that occurs between stations transmitting CW and voice
    emissions, particularly in the frequency segment 1800-1843 kHz
    during contests,[^153] and when stations are using CW to attempt
    long distance international communications during the nighttime, at
    sunrise, and at sunset.[^154]

30. Over five hundred twenty comments were filed in response to this
    petition. The majority of commenters support the petition,
    explaining that stations transmitting wideband and narrowband
    signals cannot share the same frequency segment without interfering
    with each other.[^155] These commenters also agree that we should
    set aside a segment of the 160 m for stations using CW and other
    narrowband emissions.[^156] Commenters also generally support a
    mandatory band plan, explaining that voluntary band plans may not be
    followed by all licensees.[^157] Other commenters agree that a
    mandatory band plan is needed, but suggest alternate frequency
    segmentation for narrowband and wideband modes.[^158]

31. On the other hand, those opposing the petition argue against setting
    aside frequency bands on the basis of personal operating
    interests.[^159] Other commenters state that weak signal CW
    communications is a minority operating interest that does not
    warrant a special frequency set-aside.[^160] In addition, some
    commenters believe that the proposal will not protect stations using
    CW from interference[^161] and aver that subdividing the band would
    result in inefficient use of spectrum.[^162] Moreover, some
    commenters generally oppose the notion of mandating a band
    plan.[^163]

32. *Discussion.* The Public Safety and Private Wireless Division
    (Division) previously addressed the issue of a mandatory band plan
    in lieu of a voluntary band plan in 1999.[^164] In the *Order*, the
    Division denied a request[^165] that it declare that any amateur
    radio station control operator who selects a transmitting frequency
    not in harmony with those voluntary band plans is in violation of
    the Commission's Rules.[^166] It noted that such a result would be
    inconsistent with the fundamental principle of shared frequencies in
    the amateur service.[^167] Additionally, the Division stated that
    granting the request would effectively transform voluntary band
    plans into *de facto* required mandates.[^168] Rather, the Division
    found that because all amateur service frequencies are shared, our
    Rules do not assign a particular operating activity (such as using
    CW to attempt long distance international communications) to a
    specific frequency segment.[^169] Because the petitioner has not
    presented any unique or changed circumstances to warrant a mandatory
    band plan, we find no basis to disturb this fundamental principle.

33. We further believe that the recently modified voluntary band plan,
    which provides an additional 3 kHz of spectrum for CW and narrowband
    operating activities, adequately accommodates the operating
    interests of all licensees who use the 160 m band because it was
    based on input from those who use this spectrum.[^170] We note that
    the voluntary nature of the band plan allows amateur service
    licensees the flexibility to make any changes if and when they are
    needed to reallocate the spectrum among operating interests as new
    operating interests and technologies emerge or certain operating
    interests and technologies fall into disfavor. We also find
    unpersuasive the petitioner's concern that contests and special
    events, because they result in increased operating activity, justify
    a mandatory band plan. On this point, we note that participation in
    contests and special events is voluntary and that these operating
    activities are infrequent and primarily weekend or evening events.
    We also note that sponsors of contests, special events, and awards
    may choose to include in their rules a requirement that stations
    operate in harmony with voluntary band plans, thereby mitigating the
    impact of these events on other users of the band.[^171]

34. The issue of willful or malicious interference between amateur
    service stations engaging in different operating activities was also
    previously addressed in the *Order,* where the Division noted that
    we already prohibit such interference in Section 97.101(d) of our
    Rules.[^172] In the absence of a showing that Section 97.101(d) no
    longer serves its purpose, we are not persuaded that a more
    comprehensive rule is necessary. Rather, we believe that cooperation
    between licensees, education, and compliance with Section 97.101(d)
    of our Rules is sufficient to minimize interference. For these
    reasons, we dismiss the 160 m Petition.

## Station Operation Standards 

### Retransmission of Space Station Communications*.*

35. *Background*. Prior to 1993, our Rules prohibited amateur stations
    from transmitting any communications that facilitated the business
    or commercial affairs of any party.[^173] In 1993, the Commission
    allowed amateur radio operators to provide communications for public
    service projects and to satisfy personal communications needs.[^174]
    To insure that amateur radio operators do not use the amateur
    service as a substitute for other communication services, our Rules
    generally prohibit an amateur station from re-transmitting programs
    or signals emanating from any other type of radio station except
    communications originating on United States Government frequencies
    between a space shuttle and its associated Earth stations.[^175]
    Currently, there is no exception for retransmission of
    communications involving the International Space Station
    (ISS).[^176]

36. On December 27, 2001, the NASA John H. Glenn Research Center Amateur
    Radio Club requested that we amend our amateur service rules to
    allow retransmission of communications between a manned spacecraft
    and its associated Earth stations.[^177] Specifically, the
    petitioner requests authority for amateur stations to retransmit
    space shuttle communications as well as communications between the
    ISS, or any other manned spacecraft, and its associated earth
    stations.[^178] In support of this request, the petitioner states
    that manned occupation of the ISS (a permanent space structure) has
    introduced a technicality into the definition of "space shuttle" (a
    transport for astronauts between Earth and space)
    communications.[^179] Petitioner's concern is that because the ISS
    is not a shuttle, the retransmission of ISS communications may be a
    technical violation of our Rules.[^180] Moreover, petitioner
    believes that retransmitting ISS audio on amateur service
    frequencies is within the spirit of the exception in our Rules that
    allows amateur stations to retransmit space shuttle
    communications.[^181]

37. *Discussion.* Eight commenters supported the request stating that
    retransmission of space communications is a public service because
    these retransmissions provide an excellent signal to test and adjust
    station equipment[^182] and allow the general public to monitor the
    space program,[^183] is used as a resource that allows schools to
    follow the space program,[^184] and serves other educational
    purposes such as providing information in the areas of science and
    space exploration.[^185] On the other hand, three commenters oppose
    this request explaining that such retransmissions may cause
    interference to the transmissions of other amateur service
    stations,[^186] that one-way transmissions are not in the best
    interest of ham radio,[^187] and that these transmissions are
    prohibited broadcasts under our Rules.[^188]

38. Based on our review of the record, we are persuaded to propose the
    requested rule amendment. As an initial matter, although we believe
    there are no distinctions between the retransmission of space
    shuttle and ISS communications, we seek comment on whether any
    distinctions exist that should result in disparate treatment between
    the two retransmissions. We do not anticipate that retransmissions
    of ISS communications would cause any significant increase in
    harmful interference to other amateur station's transmissions.
    Moreover, rules that prohibit harmful interference are already in
    place, should such interference occur.[^189] In addition, we agree
    that the request is consistent with the intent of the current rule,
    which allows amateur stations to retransmit space shuttle
    communications. Accordingly, we seek comment on the proposed rule
    change.

### Broadcast and Music Transmissions. 

39. *Background.* In addition to the prohibition on certain
    transmissions, our Rules also prohibit amateur stations from
    engaging in any form of broadcasting.[^190] The Commission adopted
    this prohibition to ensure that amateur service frequencies were not
    used as a substitute for other communication services.[^191]

40. On March 19, 2002, Robert H. Birdsey requested that we delete
    Section 97.113(a)(4)[^192] and (b),[^193] to allow an amateur
    station to broadcast and transmit music.[^194] In support of this
    request, petitioner argues that our Rules violate the First
    Amendment because they allow amateur stations to make one-way
    transmissions, or broadcasts, of information that is determined to
    be of interest to other amateur radio operators, but not the general
    public, and to transmit tones, as long as the tones can not form
    music.[^195] Our Rules define "broadcasting" as "transmissions
    intended for reception by the general public, either direct or
    relayed."[^196] These limitations, petitioner claims, result in the
    Federal government regulating non-commercial individual
    expression.[^197]

41. *Discussion*. We are not persuaded that the petitioner has presented
    sufficient reason to justify the requested rule amendment. The rules
    allow amateur stations to transmit one-way communications only for
    specified purposes and that these purposes are related to the
    operation of, or to communications between, amateur stations.[^198]
    Amateur stations are prohibited from broadcasting and transmitting
    music so that the amateur service and amateur service frequencies
    are not used as an alternative to broadcast services and the
    frequencies these other services are authorized.[^199] With regard
    to the petitioner's claim that amateur stations currently are
    permitted to make only certain one-way "broadcast" transmissions, we
    note that not all one-way transmissions are broadcasts as the term
    is defined in our Rules because not all one-way transmissions are
    intended for reception by the general public.[^200] In this regard,
    we note that the one-way transmissions petitioner refers to are
    information bulletins, which we permit amateur stations to
    transmit.[^201] We also note that tones transmitted by amateur
    stations are not transmitted with the intent of forming "music," but
    rather are the result of transmitting a test emission to adjust
    equipment,[^202] transmitting a CW emission,[^203] or transmitting a
    data emission.[^204] To allow amateur stations to transmit music or
    broadcast, as the term is defined in our rules, would be
    inconsistent with the definition and purpose of the amateur
    service.[^205] For these reasons, we deny the petition.

### Information Bulletin Transmission Limitations*.*

42. *Background.* Our Rules authorize amateur stations to transmit
    one-way communications to assist persons in learning the
    international Morse code[^206] and to disseminate information
    bulletins.[^207] On April 11, 2002, Mr. John J. Elengo requested
    that we amend our Rules to impose three conditions on amateur
    stations that transmit information bulletins: (a) limit these
    stations to a single transmission that does not exceed fifteen
    minutes; (b) require a time period between successive transmissions
    of not less than two hours; and (c) limit such transmissions in any
    given amateur service band to four per amateur station per 24-hour
    period.[^208] Petitioner argues that such transmissions should be
    short and to the point and not continue unabated.[^209] Petitioner
    notes that lengthy transmissions of information bulletins precludes
    other amateur stations from transmitting other communications, and
    that there are other avenues available for disseminating the
    information contained in such bulletins.[^210]

43. On January 22, 2003, Mr. Jonathan S. Gunn requested that we amend
    our Rules to define the term "one-way voice broadcast"[^211]
    transmissions and impose limitations on these transmissions.[^212]
    Gunn proposes that we define "one-way voice broadcasts" as any voice
    transmission which is primarily intended to convey information, but
    which is not reasonably designed to establish immediate two-way
    communications with the station emitting the broadcast.[^213]
    Additionally, he requests that we impose four limitations on amateur
    stations that transmit one-way voice broadcasts, including
    information bulletins: (a) limit a single transmission from a
    station to not more than thirty minutes; (b) limit multiple
    transmissions from any amateur station to sixty minutes per \[each\]
    24-hour period; (c) require a time period of not less than eight
    hours between successive transmissions on the same amateur service
    band; and (d) require that the control operator of a station take
    reasonable steps to assure that these transmissions will not cause
    interference to ongoing communications.[^214] Petitioner explains
    that because the amateur service rules presently do not contain any
    clear limitations on one-way voice broadcasts, an amateur station
    theoretically could transmit these broadcasts twenty-four hours a
    day, seven days a week, thereby effectively claiming a frequency or
    number of frequencies for its exclusive use.[^215] Petitioner argues
    that lengthy transmissions of one-way voice broadcasts are
    inconsistent with shared use of amateur service frequencies because
    such transmissions make it impracticable for other licensees to use
    the frequency, may impede the use of amateur service frequencies for
    emergency communications, may disrupt ongoing communications when
    they commence, and are inconsistent with the purpose of the amateur
    service.[^216]

44. On January 30, 2003, Mr. Bob Sherin requested that we amend our
    Rules to delineate two types of information bulletins: (a)
    spontaneous bulletins such as weather alerts and (b) recurrent
    bulletins.[^217] The petitioner requests that we examine the subject
    matter of recurrent bulletins and that we directly regulate these
    bulletins, and that we limit the number and length of transmissions
    and the frequency diversity of recurrent bulletin
    transmissions.[^218] Petitioner argues that there has been long
    misuse of recurrent information bulletin transmission on the HF
    bands.[^219]

45. On February 12, 2003, Mr. Phillip E. Galasso requested that we amend
    our Rules to prohibit amateur stations from transmitting information
    bulletins on amateur service frequency bands between 1.8 MHz and 30
    MHz and to define information bulletin transmissions as a prohibited
    broadcast transmission.[^220] Petitioner argues that such
    transmissions cause harmful interference to other
    communications[^221] and that information bulletin transmissions
    have become obsolete in light of avenues, such as the sites on the
    internet and electronic mail to members of amateur radio
    organizations, that are available for disseminating
    information.[^222] Petitioner also notes that FCC-licensed HF
    broadcast stations may sell air-time to anyone who wants wide
    coverage of their views and that individuals who desire to broadcast
    on the amateur service bands may buy time on these commercial
    stations.[^223]

46. *Discussion*. An information bulletin is a one-way transmission
    consisting solely of subject matter directly related to the amateur
    service.[^224] In 1988, the former Private Radio Bureau considered
    and denied a request to limit information bulletin transmissions to
    ten minutes per twenty-four hours.[^225] The Private Radio Bureau
    stated that the degree of congestion caused by stations transmitting
    information bulletins was not sufficiently serious to warrant an
    enforced time limit on such transmissions and that there was no
    showing that such bulletins were of lesser importance than other
    types of permitted transmissions.[^226] For these reasons, the
    Commission concluded that it would not serve the public interest to
    amend the rules as requested.[^227]

47. The Commission has historically relied on the judgment of the
    station's control operator in determining the content, length,
    frequency, and emission type of information bulletins. We do not
    believe that it would serve the interest of the amateur service
    community to impose rules limiting the flexibility of licensees
    regarding these transmissions. Rather, we believe that limiting such
    bulletins to the extent requested would prohibit or severely
    restrict[^228] the ability of an amateur station to provide near
    real-time information other amateur stations and the public desire,
    including information concerning severe weather, disasters, and
    operating information.[^229] Petitioners have provided no evidence
    that frequency congestion is being caused by stations transmitting
    information bulletins, that permitting amateur stations to transmit
    information bulletins is hindering other amateur service
    communications, or that such bulletins are not serving the public
    interest. Accordingly, we find no reason to warrant proposing
    changing our Rules at this time and we deny the petitions.

## Amateur Station Call Sign Systems.

### Vanity Call Sign System.

48. [*In Memoriam* provisions]{.underline}. *Background.* The license
    trustee of an amateur service club station may request assignment of
    a deceased club member's station call sign to the club with the
    written consent of a relative, before the call sign becomes
    generally available for assignment.[^230] However, our Rules for the
    vanity call sign system do not permit the licensee of an amateur
    station, while living, to designate the recipient club, *in
    memoriam*.[^231]

49. On October 26, 2001, the Quarter Century Wireless Association, Inc.,
    sought amendment of our Rules to allow currently licensed amateur
    radio operators to designate a specific amateur radio club to
    acquire their call sign *in memoriam*.[^232] In support of this
    request, QCWA explains that the vanity call sign system omits the
    most qualified individuals -- licensees -- from executing a written
    statement expressing a desire as to which radio club receives their
    call signs *in memoriam*.[^233] This omission, QCWA notes, requires
    a relative to make this designation *post mortem*.[^234] QCWA
    recommends that the *in memoriam* provision should rely on either a
    written statement of licensee consent *ante mortem*, or a written
    document provided by a relative of the club member *post
    mortem*.[^235] QCWA avers that this additional option would allow
    its chapters to fulfill the expressed desire of a member *in
    memoriam.*[^236]

50. *Discussion.* A majority of commenters agree with QCWA that a
    licensee should be able to express his or her desire as to which
    radio club receives their call signs *in memoriam*.[^237] Two
    commenters state that it would be much easier for the licensee to
    make the bequest than for his or her relatives.[^238] Those who
    oppose the amendment want the Commission to maintain control over
    call sign grants by requiring radio clubs to apply for such call
    signs.[^239] One commenter opposes the petition on the basis that
    widespread retirement of scarce call signs would force future
    generations of amateur operators to use less efficient call
    signs.[^240] Another commenter opposes the amendment because it may
    complicate legal issues regarding wills, remove the ability to
    monitor license classes, and may affect the Commission's policies on
    revoking call signs and licenses.[^241]

51. We believe that the record supports proposing QCWA's amendment of
    our Rules. We also believe that the request is consistent with the
    filing priorities already incorporated in the vanity call sign
    system and the Commission's determination to maintain a fair and
    equitable vanity call sign assignment system.[^242] Accordingly, we
    invite comment on QCWA's proposal.

52. [Multiple Applications]{.underline}*.* *Background.* Under our
    Rules, an applicant may file multiple applications requesting a
    specific vanity call sign, along with the attendant filing fee for
    each application.[^243] When multiple applicants request the same
    vanity call sign as their first choice, we use a lottery to select
    the first application to be processed.[^244] Applicants who file
    multiple applications requesting the same vanity call sign as their
    first choice have a greater chance that we will select one of their
    applications in the lottery than applicants who file a single
    application. Applicants who file an application that we do not
    select in the lottery are eligible to request a refund of the filing
    fee.[^245]

53. On September 10, 2002, Messrs. Edwards, Lynch, and Young requested
    that we amend Part 97 to prohibit acceptance of more than one
    application per applicant per vanity call sign.[^246] Petitioners
    explain that this restriction will ensure that all applicants
    receive an equal chance to receive the requested call sign.[^247] In
    support of this request, petitioners note that for very desirable
    call signs, such as the "W" or "K" 1 X 2 call signs,[^248] and the 2
    X 1 call signs,[^249] there are almost always multiple applicants
    for a single call sign,[^250] and often those who file multiple
    applications are successful in being awarded the desired call sign
    in the random selection process.[^251] Thus, petitioners state that
    the Commission's practice of allowing an applicant to file multiple
    applications has created a *de facto* lottery which favors wealthy
    applicants.[^252]

54. *Discussion.* When the Commission established the vanity call sign
    system in 1995,[^253] the license process permitted an applicant to
    file more than one application requesting a particular call sign,
    but very few did so. While there is no shortage of call signs that
    amateur service licensees may request as a vanity call sign, many
    licensees have expressed a strong preference for having a W or K 1 X
    2 format call sign assigned to their station. Call signs of this
    format, however, are almost all assigned and seldom become available
    for assignment to other stations. Due to the preference of licensees
    for a W or K 1 X 2 format call sign we usually receive numerous
    applications when one of these call signs becomes assignable. The
    scarcity of these call signs persuades us to consider revising the
    rules to promote our goals of equity and fairness. We note that
    limiting the acceptance of applications to one application per
    applicant per vanity call sign will not eliminate refunds of fees
    for those submitting multiple applications for the same call sign.
    We request comment on this proposal.

### Special Event Call Sign System.

55. *Background.* The special event call sign system[^254] allows the
    licensee of an amateur station, when transmitting in conjunction
    with an event of special significance to the amateur service
    community, to select a call sign from a list of 750 "1 X 1" call
    signs.[^255] A licensee may substitute the special event call sign
    for the call sign shown on the station license grant while the
    station is transmitting.[^256] The ARRL requests that we amend our
    Rules[^257] to add to the special event call sign system certain
    call sign blocks that designate territories and possessions that
    have no specified mailing addresses.[^258] These territories and
    possessions include, among others, Kingman Reef, Baker and Howland
    Islands, and Wake Island in the Pacific Ocean, and the islands of
    Navassa and Desecheo in the Caribbean Sea.[^259] The ARRL notes that
    each of these locations has a call sign prefix associated with it in
    the sequential call sign system, but no call sign may be assigned to
    any station because there is no mailing address.[^260] For this
    reason, the ARRL asserts that these call sign blocks are not
    used.[^261]

56. In support of this request, the ARRL states that amateur station
    operation from uninhabited United States territories and possessions
    for avocational interest, in support of a scientific expedition, and
    radiosporting is an event of special significance to the amateur
    service community and, therefore, a special event within the meaning
    of the special event call sign program.[^262] The ARRL also states
    that while a 1 X 1 call sign indicates the station is participating
    in a special event, these call signs do not denote that the location
    of the station is in one of these United States territories or
    possessions, or denote the location of certain types of special
    events.[^263] Two commenters support the ARRL's request.[^264] One
    commenter opposed the request by asserting that the call signs
    available to the special event call sign system are sufficient to
    address the need.[^265]

57. *Discussion.* We do not believe that the requested rule amendment is
    necessary because there is no requirement in the rules that a
    station transmit its location or denote that it is transmitting from
    a territory or possession when it does so. As a convenience to the
    amateur radio operators, however, our Rules already provide various
    options amateur radio operators may use to indicate that the station
    is transmitting from a particular US territory or possession.
    Specifically, Section 97.119(c) permits the control operator of a
    station to include one or more indicators before, after, or both
    before and after, the call sign.[^266] We note that self-assigned
    indicators that control operators routinely use include the prefix
    reserved in the sequential call sign system for the offshore
    location, the name of the island, an *Islands On The Air* reference
    number, and grid square designators. Self-assigned indicators have
    been used successfully by many FCC and foreign licensees and have
    been accepted by other amateur radio operators. In addition, our
    Rules provide for the use of special event call signs to inform
    other stations of transmissions from locations without a mailing
    address.[^267] In this regard, we note there is no shortage of
    special event call signs and that many licensees have successfully
    used this alternative. [^268]

## Field Repair Requirements for Equipment. 

58. *Background.* On February 11, 2002, Mr. Nickolaus E. Leggett
    requested amendment of the amateur service rules to require all
    commercially-built amateur radio equipment to be
    field-repairable.[^269] In support of his request, Leggett states
    that most commercially-built amateur radio systems are difficult to
    repair in the field due to a very densely packaged structural design
    that is optimized for machine assembly thereby making it extremely
    difficult to access, diagnose, and replace parts in the field.[^270]
    The petitioner also requests the rules to include specific equipment
    design requirements.[^271]

59. *Discussion.* We received over eighty comments to the Leggett
    Petition. All but three commenters oppose the amendment explaining
    that the petition is vague;[^272] that there is no need to regulate
    the repairability of amateur radio equipment;[^273] that
    commercially produced equipment already is repairable in some
    manner;[^274] that adopting the requirements requested in the
    petition would result in less reliable equipment;[^275] that those
    interested in field repairability can buy kits,[^276] and having a
    backup radio available can solve the problem of field repairability
    of equipment .[^277]

60. Based on our review of the record, we are not persuaded that
    proposing the requested rule amendment is warranted. From the
    comments received, there appears to be strong sentiment within the
    amateur radio community against requiring field-repairable
    equipment. Because we are particularly concerned that the requested
    rule is vague and would impose an apparently unnecessary requirement
    on manufacturers, we believe that this request, if adopted, would
    reduce the availability and reliability of commercially produced
    amateur radio equipment. We believe that such a result is not in the
    public interest and, for this reason, we deny the petition.

## Unlicensed Operation in the 420-450 MHz Band. 

61. *Background.* In the United States, the 420-450 MHz frequency band
    is allocated to government radiolocation services on a primary basis
    and the amateur service on a secondary basis.[^278] Part 95 Personal
    Radio Services are not authorized in this frequency band.[^279] On
    January 2, 2002, Dr. Michael C. Trahos (Trahos Petition) requested
    amendment of the amateur service rules and the Personal Radio
    Service rules to authorize a service similar to the Family Radio
    Service (FRS) in the 420-450 MHz band.[^280] In support of his
    request, the petitioner states that in 1998, Europe adopted a 446
    MHz Personal Mobile Radio (PMR) Service, PMR 446, that is similar to
    the FRS, except that PMR 446 utilizes eight channels between 446.0
    MHz and 446.1 MHz.[^281] The petitioner alleges that individuals are
    illegally importing PMR 446 radios into the U.S.[^282] Moreover, he
    asserts that there appears to be no effort to stop this illegal
    importation or use of these PMR 446 radios in the US.[^283] Thus,
    the petitioner requests that we legalize the current use of PMR 446
    radios by visiting non-US resident foreign nationals on a license
    exempt secondary basis to amateur service operations.[^284]

62. *Discussion.* We received over 120 comments were received, each
    strongly opposing the Trahos Petition. Commenters generally argue
    that the 420-450 MHz band is allocated to the U.S. government
    radiolocation services on a primary basis and should not be
    authorized to the unlicensed personal radio services.[^285] The ARRL
    and others oppose the requested rule amendments on the basis that
    unlicensed operation on 446.0-446.1 MHz is contrary to the
    fundamental regulatory structure of the amateur service,[^286] and
    would cause interference to amateur service repeaters and other
    amateur service stations.[^287] Other commenters state that the
    requested rule revision is unnecessary because visitors can purchase
    inexpensive FRS radios while visiting the U.S., thereby keeping
    unlicensed operators on unlicensed frequencies.[^288] In addition,
    some commenters aver that unlicensed operation by foreign visitors
    to the U.S. can be addressed by educating such visitors as to our
    Rules through foreign consular offices and the internet.[^289]

63. As stated previously, in the United States, the 420-450 MHz
    frequency band is allocated to government radiolocation services on
    a primary basis and the amateur service on a secondary basis.[^290]
    Part 95 Personal Radio Services are not authorized in this frequency
    band.[^291] Therefore, absent a new allocation in the 420-450 MHz
    frequency band for an unlicensed personal radio service, we can not
    propose revising the rules as requested. We do not believe that a
    new allocation is necessary because alternative services exist to
    meet the communication needs of such individuals. For example,
    visitors may use FRS units, Multi-Use Radio Service units,[^292] and
    communications devices approved under Part 15 of our Rules to meet
    their need for personal communications. Furthermore, we agree that
    an effective method of curtailing illegal personal use by foreign
    visitors can be achieved through awareness programs and other
    educational material offered via foreign consular offices and the
    Internet. Therefore, we decline to seek comment on the Trahos
    Petition.

## Station Identification.

64. *Background.* Our Rules generally require each amateur station to
    transmit its assigned call sign on its transmitting channel.[^293]
    Specifically, the station must transmit the call sign with an
    emission authorized for the transmitting channel in one of four
    ways, including a CW emission[^294] or a phone emission in the
    English language.[^295] A phone emission includes tone-modulated
    telegraphy (MCW) for the purpose of performing the station
    identification procedure.[^296]

65. In its petition, the ARRL requests that we amend the definition of a
    CW emission in Section 97.119(b)(1)[^297] to include MCW to permit
    an amateur station operating as a repeater[^298] to identify itself
    using an MCW emission, in addition to a CW emission type.[^299] The
    ARRL states that because phone emissions include MCW for the purpose
    of performing the station identification procedure, repeater station
    identification using an MCW emission type should be authorized
    similar to CW emission types.[^300] ARRL also states that this
    amendment would allow a repeater to identify using an MCW emission
    type. Two commenters supported the ARRL's request.[^301]

66. *Discussion.* As an initial matter, we note that our Rules authorize
    an amateur station operating as a repeater to transmit a phone
    emission on any channel on which a repeater may transmit.[^302]
    Further, a station may transmit its call sign using a phone
    emission, which includes a MCW emission when it is transmitted for
    the purpose of identifying the station. Therefore, because our Rules
    permit an amateur station operating as a repeater to identify the
    station using an MCW emission, we find no reason to revise Section
    97.119(b)(2) as requested by the ARRL.

## Amateur Station Operation on the 902-928 MHz Band

67. *Background.* Our Rules set forth a geographic restriction on
    amateur station operation in the 33 cm band (902-928 MHz) in certain
    areas of Colorado and Wyoming.[^303] In 1990, the Commission waived
    this rule to authorize amateur stations in that restricted area to
    transmit in specified frequency segments of the 33 cm band.[^304]
    Under the terms of this waiver, this authorization was for an
    indefinite time period.[^305] The ARRL requests that we incorporate
    the terms of this waiver in the Rules so that the operating
    limitations in Colorado and Wyoming may be known to all amateur
    stations.[^306]

68. *Discussion.* We agree that placing these operating limitations in
    our Rules would increase their availability to all amateur station
    licensees. Accordingly, we believe that inserting these limitations
    into our Rules is a reasonable manner to make these limitations
    known. For these reasons, we propose to amend Section 97.303(g)(1)
    as the ARRL requests.

## Color Coded Amateur Radio Licenses

69. *Background.* Section 97.5 of our Rules sets forth the various types
    of amateur service station license grants we issue.[^307] We print
    amateur service license documents for the different types of station
    licenses and the different classes of operator licenses on the same
    license form using an automated process. On December 10, 2002, Mr.
    Dale E. Reich asked that we issue color-coded amateur radio license
    documents.[^308] Specifically, the petitioner requests that we print
    Advanced and Amateur Extra Class operator licenses on blue paper
    stock, General Class operator licenses on Federal Gold paper stock,
    and Technician Class operator licenses on red paper stock.[^309] Mr.
    Reich states that there is no real advantage to his request other
    than it would be a positive image maker for the amateur radio
    community.[^310] The petitioner also requests that we continue to
    print other amateur service license documents on the paper stock we
    presently use.[^311]

70. *Discussion.* As an initial matter we note that whether an
    individual is an amateur service licensee and the class of operator
    privileges a person has qualified for is determined only by entries
    in our Universal Licensing System database.[^312] Possession of a
    license document is not necessary for an individual to be an amateur
    service licensee or determinative of an individual's class of
    operator license. For this reason, we believe the color-coding of
    license documents is unnecessary. We also will not propose this
    change because we note that, if granted, color-coded license
    documents would obligate us to maintain additional paper stocks to
    print amateur service licenses, thereby increasing our cost of
    administering the amateur service. This change also would adversely
    affect our automated license printing system because we could not
    print licenses in a continuous batch but rather we would have to
    print them in groups based on the color of the paper stock to be
    used, thereby further increasing the cost of administering the
    amateur service. The petitioner presents no reason to issue
    color-coded licenses. We also do not believe this change is
    necessary or serves any significant purpose. Accordingly, we find no
    reason to revise the rules as requested by Mr. Reich and we deny
    this petition.

## Instant Licensing

71. *Background.* When an individual initially qualifies for an amateur
    radio license, the volunteer examiners (VEs) submit the examinee's
    application to the coordinating volunteer examiner coordinator (VEC)
    who then electronically transmits the applications to us.[^313]
    After we receive the file from the VEC, we revise the amateur
    service database to grant the examinee a station license and to show
    that the examinee has qualified for a particular class of amateur
    service operator license. When an entry for a person appears in the
    amateur service database, that person may be the control operator of
    an amateur station.[^314] On December 4, 2002, Mr. Dale E. Reich
    requested that we amend the amateur service rules to allow VEs to
    issue an "instant temporary license" to examinees who qualify for an
    amateur radio operator license for the first time.[^315] In support
    of this request, the petitioner states that issuing an "instant
    temporary license" to successful examinees would allow these
    individuals an option to gain rapid access to amateur radio upon
    passing the examinations.[^316]

72. *Discussion.* As an initial matter, we note that the Commission
    considered "instant licensing" of amateur radio operators when it
    established the VEC system.[^317] Specifically, the Commission noted
    that it does not permit private organizations to issue temporary or
    permanent licenses.[^318] We note that since that time the
    Commission has not received statutory authority to allow VEs or VECs
    to issue amateur service operator or station licenses.[^319] We also
    note that technological changes have resulted in the VECs filing
    applications electronically with the Commission thereby allowing
    individuals who have qualified for their first amateur service
    license, the only individuals who could benefit from instant
    licensing,[^320] to be on the air within a few days of passing their
    examination. We do not believe that this minimal wait is
    unreasonable, especially in light of the obligation of the VECs to
    screen collected information, verify the VEs certifications, resolve
    all discrepancies, and perform other duties required of them.[^321]
    We conclude the petitioner presents no new information that warrants
    changing the rules. Accordingly, we find no reason to revise the
    rules as requested by Mr. Reich and we deny this petition.

## Space Station Launch Notification

73. *Background*. Any amateur station may be a space station.[^322]
    Moreover, the license grantee of a space station must file with the
    Commission written pre-space station notifications twenty-seven and
    five months before initiating space station transmissions, seven
    days following initiation of these transmissions, and no later than
    three months after termination of these transmissions.[^323] These
    notifications are required so that the ITU Radiocommunications
    Bureau may be informed of space stations in the amateur-satellite
    service when these stations operate in bands shared with other
    services.[^324]

74. On December 2, 2002, the Radio Amateur Satellite Corporation (AMSAT)
    requested that we amend our Rules to require the filing of pre-space
    station notification information within thirty days after obtaining
    a launch commitment rather than twenty-seven and five months before
    initiating space station transmissions.[^325] In support of this
    request, AMSAT argues that, as a practical matter, amateur service
    licensees can not comply with the twenty-seven month notification
    requirement because secondary payload launch commitments, which
    amateur-satellite service space stations invariably fly as, rarely
    become available twenty-seven months or more in advance.[^326]
    Petitioner also states that the present notification requirements
    are an unnecessary burden both for amateur service licensees and the
    Commission because they result in the Commission receiving a request
    to waive all or part of Section 97.207(g) every time an
    amateur-satellite service space station is launched.[^327] In order
    to continue notification to others in case harmful interference
    occurs, however, AMSAT states that a more practical procedure would
    be to require the filing of pre-space station notification
    information within thirty days after obtaining a launch
    commitment.[^328] Finally. AMSAT asserts that amateur service
    licensees can file additional information if significant changes
    occur in spacecraft design or launch parameters between the original
    filing and launch.[^329]

75. *Discussion*. We received twenty six comments in response to the
    AMSAT Petition. All of the commenters support the amendment
    explaining that the present requirement can not be met,[^330] that
    the twenty-seven month notification requirement is excessively
    long,[^331] and that the requested amendment would eliminate the
    need for the Commission to process waiver requests.[^332] We agree
    that because amateur radio space stations are secondary payload
    launch commitments and these commitments rarely become available
    twenty-seven months or more in advance, it is not possible for
    licensees to meet a twenty-seven month notification requirement. We
    also believe that a rule that we routinely waive because it cannot
    be met serves no useful purpose. Additionally, we note that the
    intent of notification, to inform others of transmissions in case
    harmful interference occurs, can be satisfied by using other
    benchmarks for the dates notification must be submitted.

76. We will not propose to require that notification information be
    submitted within thirty days after obtaining a launch commitment as
    AMSAT requests because we do not believe that thirty days after a
    launch commitment is obtained provides adequate time for us to
    review the notification and make a determination as to its
    sufficiency. Rather, we propose to use the date the space station
    launch vehicle is determined and the date integration of the space
    station into the launch vehicle occurs as dates for determining when
    notification must be submitted. Specifically, we propose to require
    that pre-space notification be submitted within 30 days after the
    launch vehicle is determined, but no later than 90 days before the
    space station is integrated into the launch vehicle. In this regard,
    we note that the date a launch vehicle is determined usually occurs
    well before a launch commitment is obtained. We believe that
    requiring a licensee to provide notification within thirty days
    after the launch vehicle is determined and no later than 90 days
    before integration of the space station into the launch vehicle
    provides adequate time before launch to make changes in the space
    station if we find that the notification is deficient in some
    material way. We also propose to consolidate all notification
    requirements in one paragraph of the Section 97.207. We request
    comment on these proposals.

77. We also seek comment on what actions the Commission should take if
    it is presented with an orbital debris mitigation plan that raise
    concerns as to the debris mitigation practices of an amateur service
    space station.[^333] In this regard, we note that the submission of
    a plan that is deficient in some way might require that the
    Commission take further action, such as modification of the
    licensee's station license grant, in connection with that space
    station.[^334] In light of this concern, we also seek comment on
    whether we should require an affirmative prior approval of amateur
    service space station launches and operations, and on whether there
    are alternative processes, such as the use of licensing procedures
    based under or upon procedures in Part 25 of our rules, that may
    help to address our and amateur radio operators' concerns with the
    timing of amateur space station notification filings.

## Examination Credit for Merit and Service 

78. *Background*. When a person takes an examination for an amateur
    radio operator license, our Rules require that the VE must give that
    person examination credit for certain examination elements if that
    person can show he or she holds or has held certain amateur radio
    license grants, other Commission licenses, or certain other
    documents.[^335] No credit is granted based on length of licensure,
    operating or participation activities, or any other service
    activities a licensee may have performed.

79. On November 14, 2002, Mr. Dale E. Reich requested that we amend our
    Rules to allow VEs to give examination credit to Novice and Advanced
    Class licensees for length of licensure and merit.[^336]
    Specifically, petitioner requests that we authorize VEs to give
    Novice and Advanced Class licensees examination credits necessary
    for them to qualify for a Technician or Amateur Extra Class operator
    license, respectively, if those licensees have been licensed twenty
    or more years or who have been without a serious FCC rule
    violation.[^337] In support of this request, Mr. Reich states that
    we should allow some of the remaining Novice and Advanced Class
    licensees to advance to the next higher class operator license
    without examination because more difficult examinations were
    required of licensees in the past.[^338]

80. *Discussion.* We received over one hundred and seventy comments in
    response to the Reich Petition. The majority of commenters oppose
    the petition explaining that the request is vague;[^339] that
    upgrading from the Novice and Advanced Class operator licenses to
    the Technician or Amateur Extra Class is not difficult;[^340] that
    length of licensure or credit for public service is unrelated to
    whether a person qualifies for the operating privileges of a higher
    class operator license;[^341] and that the proposal would impose
    unreasonable administrative and record keeping burdens on VEs and
    VECs.[^342]

81. Based on our review of the record, we are not persuaded that
    proposing the requested rule amendment is warranted. As an initial
    matter, we note that the issue of whether to upgrade Advanced Class
    licensees who had been licensed more that twenty years to the
    Amateur Extra Class operator license was considered but declined
    when the Commission simplified the amateur service license structure
    in 1999.[^343] This decision was influenced by the request of other
    commenters in that proceeding that current licensees
    [not]{.underline} receive additional privileges without passing the
    required examination elements.[^344] From the comments received,
    there still appears to be strong sentiment within the amateur radio
    community against allowing examination credit based on length of
    licensure. The petitioner presents no new information or reason that
    causes us to change our view. Additionally, we are particularly
    concerned that length of licensure in and of itself does not show
    that a licensee possesses the operational and technical
    qualifications of a higher class operator license.

82. Likewise, we do not believe that operating without a serious FCC
    rule violation shows that a licensee necessarily possesses the
    operational and technical qualifications of a higher class operator
    license. Rather, we believe that passing an examination concerning
    the operational and technical privileges of a higher class operator
    license shows that a licensee qualifies for that license. In this
    regard, we note that because current examination questions reflect
    current technological advances and operating practices that did not
    exist twenty years ago[^345] the examinations an examinee must pass
    today may be more difficult than the examinations required of
    licensees in the past. For these reasons, we deny the petition.

## Commission Proposals and Order

83. In addition to the changes recommended by the petitioners, we also
    propose various amendments to our Rules. We believe these changes
    will streamline our proceedings, simplify our administration of the
    amateur service, and eliminate unnecessary restrictions and
    requirements imposed on licensees.

84. [Third-party communications]{.underline}. Third party communications
    are messages from the control operator of an amateur station to
    another amateur station control operator on behalf of another
    person, the third party.[^346] Generally, the third party is an
    individual who is not a licensee in the amateur service.
    Authorization to transmit third party communications allows amateur
    radio operators to assist the public, particularly with respect to
    providing emergency communications, because amateur radio operators
    may transmit messages on behalf of members of the public.[^347] In
    order to prevent individuals who have violated our Rules in the past
    from communicating via amateur radio stations, however, our Rules
    prohibit certain former licensees from being third parties.[^348] We
    propose to revise Section 97.115 of our Rules to add to the existing
    list of individuals who are not eligible to be third-parties a
    former licensee whose license was not renewed after a hearing, and
    to clarify that only a station transmitting a RTTY or data emission
    may be automatically controlled while transmitting third-party
    communications.[^349] We request comment on these proposals.

85. [Limitations imposed on manufacturers]{.underline}. Our Rules
    prohibit commercial manufactures from marketing power amplifiers
    that are capable of transmitting on the 12 m and 10 m amateur
    service bands to amateur radio operators.[^350] We believe that
    these rules impose unnecessary restrictions on manufacturers of
    amateur radio equipment, are inconsistent with the experimental
    nature of the amateur service,[^351] and may result in amateur
    stations transmitting at higher power levels than necessary.[^352]
    Accordingly, we propose to amend Sections 97.315 and 97.317 of our
    Rules[^353] to clarify and simplify the exceptions in our Rules.
    Specifically, to eliminate the disparate restrictions imposed on
    manufacturers as compared to the restrictions imposed on amateur
    service licensees, to allow manufacturers to market equipment in the
    United States that they may market overseas, and to eliminate any
    ambiguity in these rules, we will propose to delete the following
    requirements: (a) a manufacturer must design an amplifier to use a
    minimum of 50 watts drive power, and (b) the amplifier must not be
    capable of operating on any frequency between 24 MHz and 35
    MHz.[^354] Historically, we note that the Commission promulgated
    Sections 97.315 and 97.317 of our Rules at a time when the Citizens
    Band (CB**)** Radio Service was the primary service that individuals
    used to satisfy their personal communication needs.[^355] The
    Commission adopted these Rules in 1978 to prevent commercial
    manufacturers from marketing to CB Radio Service users RF power
    amplifiers that had been approved for use at amateur stations.[^356]
    We note, however, that Section 95.411 of our Rules already satisfies
    the policy objectives sought by Sections 97.315 and 97.317.
    Specifically, Section 95.411 of our Rules prohibits, under any
    circumstances, an individual from attaching an external RF power
    amplifier or any device capable of amplifying the signal to a CB
    transmitter.[^357] Thus, an individual who uses an amplifier at a CB
    Radio Service station would violate a CB Radio Service rule and not
    an amateur service rule. Therefore, to eliminate redundancy and
    provide clarity in our rules, we propose to amend Sections 97.315
    and 97.317 of our Rules. We request comment on this proposal.

86. We also propose to delete Section 97.3(a)(19) of our Rules.[^358]
    This rule section defines an external RF power amplifier kit as a
    number of electronic parts which, when assembled, is an external RF
    power amplifier, even if additional parts are required to complete
    assembly.[^359] Because of the broad scope of this definition, we
    are concerned that an amateur radio operator would find it difficult
    to determine if a group of electronic parts he or she purchases or
    possesses will be defined by the Commission as an external RF power
    amplifier kit. In this regard, we note that because many electronic
    parts used in RF power amplifiers are also used in other electronic
    equipment, any group of electronic parts, particularly if
    supplemented by additional parts, could be assembled to make a power
    amplifier or part of a RF power amplifier.[^360] Because of the
    uncertainty created by this rule, we propose to eliminate Section
    97.3(a)(19) of our Rules. We request comment on this proposal.

87. [Public service communications]{.underline}. Currently, our Rules
    limit amateur station transmissions in support of relief actions to
    disaster situations when normal communication systems are
    overloaded, damaged or disrupted.[^361] We propose to amend Section
    97.111(a) to clarify that amateur stations may at all times and on
    all channels authorized to the control operator, make transmissions
    necessary to meet essential communication needs and to facilitate
    relief actions.[^362] One of the fundamental purposes of the amateur
    service is providing emergency communications to the public.[^363]
    Consistent with the public interest, we believe that we should not
    restrict these communications, which may be instrumental in saving
    human life and property. We also believe that amending Section
    97.111(a) as proposed obviates the need for Sections 97.401(a)
    (concerning disaster communications) and 97.401(c) (concerning the
    priority given to disaster communications). Thus, we propose to
    delete these sections. We request comment on these proposals.

88. [Alaska Emergency Frequency]{.underline}. Section 97.401(d) of our
    Rules[^364] authorizes an amateur station in Alaska, or within 92.6
    km of Alaska, to transmit communications during emergencies on
    5.1675 MHz (the Alaska Emergency Frequency).[^365] However, this
    authorization does not include communication for training drills and
    tests. In contrast, we authorize other amateur stations to transmit
    communications for training drills and tests on channels they would
    use in the event of an emergency.[^366] We believe that authorizing
    an amateur station in or near Alaska to transmit communications for
    training drills and testing purpose, in addition to communications
    during emergencies, would enhance emergency communication
    capabilities, thus serving the public interest. For this reason, we
    propose to amend Section 97.401(d) of our Rules to authorize an
    amateur station in, or within 92.6 km of Alaska to transmit
    communications during tests and drills on 5.1675 MHz. We request
    comment on this proposal.

89. [Radio Amateur Civil Emergency Service (RACES)]{.underline}. The
    RACES was established in 1952.[^367] It authorizes specific
    frequency bands for amateur service stations to use for providing
    civil defense communications in the event that amateur service use
    of the radio spectrum is suspended due to war or other national
    emergency.[^368] Presently, procedures for the use and coordination
    of the radio spectrum during such emergencies are specified, among
    other places, in Parts 201 and 214 of our Rules.[^369] These
    procedures specify that during certain periods of wartime
    emergency[^370] the Director of the Office of Science and Technology
    Policy (OSTP) will serve as the central authority over the Nation\'s
    telecommunications facilities, systems, and services,[^371] and will
    authorize, modify, or revoke the continuance of all frequency
    authorizations issued by the Commission.[^372] Additionally, these
    procedures authorize the Director, OSTP, to issue policy guidance,
    rules, regulations, procedures, and directives to assure effective
    frequency usage during wartime emergency conditions.[^373]

90. Section 97.407(b) of our Rules authorize RACES stations and amateur
    stations participating in RACES to transmit on certain specified
    frequency segments during periods of wartime emergency.[^374]
    Section 97.407(b) does not indicate, however, that such
    authorization is subject to other rules that are in place for the
    use and coordination of the radio spectrum during such emergencies.
    We believe that specifying frequency segments that RACES stations
    and amateur stations participating in RACES may transmit on is
    unnecessary in light of these rules. In this regard, we note that
    the Director, OSTP, has the authority to specify which, if any,
    frequency segments RACES stations and other amateur stations may
    transmit on. We also believe that Section 97.407(b) should be
    consistent with current emergency use and coordination procedures.
    For this reason, we propose to amend Section 97.407(b) of our Rules
    to delete the frequency bands and segments specified therein and to
    clarify that during certain emergencies the frequency segments
    available to RACES stations and amateur stations participating in
    RACES would be authorized pursuant to Part 214 of our Rules. We
    request comment on this proposal.

91. [Qualifying examination system rules]{.underline}. We propose to
    amend certain amateur radio test administration rules to conform to
    current practices.[^375] Specifically, we propose to eliminate
    Section 97.509(a) of our Rules,[^376] which requires a public
    announcement of test locations and times, because test locations and
    times are given adequate coverage on club and Volunteer-examiner
    Coordinator (VEC) websites,[^377] in newsletters,[^378] and in other
    media. We also note that requiring these public announcements serves
    no useful purpose when the examination location is not accessible to
    the general public (*e.g.,* the location is a corporate office or
    military facility) or the test is being administered to one examinee
    as an accommodation for a disability or as a special examination
    procedure.[^379] In addition, we believe this rule may cause some
    VEs to question whether our Rules prohibit them from conducting
    quickly-arranged examination sessions. We request comment on this
    proposal.

92. Section 97.505(a)(9) of our Rules[^380] currently requires that VEs
    give examination credit for the telegraphy examination element to an
    examinee who holds an expired Technician Class license document
    granted before February 14, 1991. An examinee who holds an expired
    Technician Class license document granted after February 14, 1991,
    and who also has received credit for passing the telegraphy
    examination element, however, would not receive examination credit
    for the telegraphy examination element because Section 97.505(a)(9)
    does not allow the VEs to give telegraphy examination element credit
    to an examinee holding an expired Technician Class license document
    granted after February 14, 1991. We believe that an examinee who
    holds an expired Technician Class license and who has passed the
    telegraphy examination element should receive examination credit for
    this element regardless of when their Technician Class license was
    first granted. Therefore, we propose to add Section 97.505(a)(10) to
    our rules so that an examinee who holds a Technician Class license
    document granted after February 14, 1991, and who has documentation
    showing they have passed a telegraphy examination element, will
    receive examination credit for this element. We seek comment on this
    proposal.

93. We also propose to amend Sections 97.509(m) and 97.519(b) of our
    Rules to eliminate from both rules the mandated ten-day time during
    which VEs and VECs must submit or forward applications.[^381] This
    limitation is not required by statute, but rather the Commission
    adopted it in 1984 to ensure the timely filing of examinee's paper
    applications with the Commission.[^382] Technological changes that
    have occurred since 1984, however, have allowed the VECs to file
    applications electronically with the Commission and the rules
    require that they do so.[^383] Therefore, we believe that a rule
    mandating a ten-day submission time is unnecessary in light of the
    current rules and actual practices in the VEC system. Accordingly,
    we invite comment on this proposal. We also request comment
    regarding whether there are other unnecessary rules applicable to
    the amateur service qualifying examination system that we should
    eliminate, and whether there are other rules we should amend to
    conform with actual practices in the examination system.

94. [Order]{.underline}. We are making minor amendments to various rule
    sections to clarify or eliminate duplicative language, or conform
    them with other rule sections. First, we will revise Section
    0.131(n) of our Rules[^384] to remove the phrases "commercial radio
    operator program (part 13 of this chapter) and" and "the program for
    construction, marking and lighting of antenna structures (part 17 of
    this chapter) and." Section 0.131 states the functions of the
    Wireless Telecommunications Bureau. These phrases also are contained
    in Section 0.131(j) of our Rules.[^385] Consequently, Section 0.131
    states that the Wireless Telecommunications Bureau administers the
    commercial radio operator program and the antenna structure
    registration program in two separate provisions. This redundancy
    serves no useful purpose.

95. Second, we will revise the definition of an "amateur operator" in
    Section 97.3(a)(1) of our Rules[^386] to reflect that it is not the
    possession of a license document, but rather an entry on our
    Universal Licensing System (ULS) that determines whether a person is
    an amateur radio operator.[^387] In 1994, the Private Radio Bureau
    made non-substantive rule changes to decrease the delay between
    license grant and actual operation by amateur radio operators.[^388]
    Accordingly, an applicant may begin operating as soon as the ULS
    database reflects the license grant. The applicant does not have to
    wait for the printing, mailing, and receipt of the license document
    before operating. This change conforms our Rules to past changes and
    permits licensees to benefit from technological enhancements the
    Commission has embraced.

96. Third, we will replace the term "Engineer-In-Charge" with "District
    Director" in Section 97.109(d).[^389] We will make this change
    because the Enforcement Bureau (EB) no longer uses the term
    "Engineer-in-Charge" (EIC) and because the EIC function is now
    performed by a District Director in EB.[^390] Additionally, we will
    delete the definition of EIC from Section 97.3(a).[^391]

97. Fourth, we also note that the rules applicable to repeater stations
    are found in Sections 97.203(h) and 97.205 of our Rules.[^392] We
    will consolidate these rules in Section 97.205 by redesignating
    Section 97.203(h),[^393] a notification requirement applicable to a
    repeater within 16 km of the Arecibo Observatory, as Section
    97.205(h). We believe that consolidating the rules in one section
    will simplify their use for licensees.

98. Fifth, the international *Radio Regulations* have been amended to
    require that, as of January 1, 2003, the mean power of any spurious
    emission from a new amateur station transmitter or amplifier
    transmitting on a frequency below 30 MHz to be at least 43 dB below
    the mean power of the fundamental emission.[^394] Our current rule
    that implements this *Radio Regulation*, Section 97.307(d), is
    inconsistent with the *Radio Regulations* because it permits the
    mean power of any spurious emission from a new transmitter or
    amplifier to be only 40 dB below the mean power of the fundamental
    emission.[^395] Because Section 97.307(d) of our Rules is
    inconsistent with the *Radio Regulations*, we will amend it to
    implement the current *Radio Regulations* requirement.

99. Sixth, we will revise Section 97.505(a)(9) to refer to only expired
    Technician Class license documents granted before February 14, 1991.
    Section 97.505(a)(9) currently refers to both expired and unexpired
    Technician Class Operator license documents granted before February
    14, 1991. Because the term of an amateur service license grant is
    normally ten years, there are no more unexpired Technician Class
    Operator license documents that the Commission granted before
    February 14, 1991. This change eliminates an unnecessary requirement
    of the VEs.

100. Lastly, we will revise Section 97.507(a)(2) of our Rules[^396] so
     that it conforms with Section 4 of the Communications Act of 1934,
     as amended.[^397] Section 4(f)(4)(A) of the Act requires the
     preparation of an amateur radio operator examination by an amateur
     radio operator who holds a higher class of operator license than
     the class of license for which the examination is being prepared.
     Thus, we will amend Section 97.507(a)(2) to remove authority for a
     Technician Class amateur radio operator to prepare a Technician
     Class operator license examination. We conclude that these
     non-substantive changes to the amateur service rules are not
     subject to notice and comment under the Administrative Procedure
     Act.[^398] Specifically, we find that notice and comment on these
     rule changes is unnecessary because amendment of Section 0.131(n)
     reflects rules of agency practice and organization, and amendment
     of Sections 97.3(a)(1), 97.3(a)(17), 97.109(d), and 97.203(h)
     reflect agency organization or procedure. We also find good cause
     to adopt amendments to Sections 97.307(d) and 97.507(a)(2) without
     notice and comment. We request comment, however, as to whether
     other rule sections in Part 97 may be clarified, revised to
     eliminate duplicative language, or conformed with other sections of
     our Rules.

101. In summary, we believe that the public interest will be served by
     revising the amateur service rules as indicated above. We believe
     that these proposed rule changes will allow amateur service
     licensees to better fulfill the purpose of the amateur service and
     will enhance the usefulness of the amateur service to its
     licensees. We also seek comment on other rule changes that should
     be considered at this time.

# PROCEDURAL MATTERS

102. *Initial Regulatory Flexibility Certification.* The Regulatory
     Flexibility Act of 1980, as amended (RFA),[^399] requires an
     initial regulatory flexibility analysis to be prepared for notice
     and comment rulemaking proceedings, unless the agency certifies
     that "the rule will not, if promulgated, have a significant
     economic impact on a substantial number of small entities."[^400]
     The RFA generally defines the term "small entity" as having the
     same meaning as the terms "small business," "small organization,"
     and "small governmental jurisdiction."[^401] In addition, the term
     "small business" has the same meaning as the term "small business
     concern" under the Small Business Act.[^402] A "small business
     concern" is one which: (1) is independently owned and operated; (2)
     is not dominant in its field of operation; and (3) satisfies any
     additional criteria established by the Small Business
     Administration (SBA).[^403]

103. *In* this *Notice*, we propose to amend the rules that apply to how
     an individual who has qualified for an amateur service operator
     license and is the control operator of an amateur radio station can
     use an amateur radio station to pursue the basis and purpose of the
     amateur service.[^404] The proposed rules apply exclusively to
     individuals who are licensees in the amateur radio service and to
     individuals who are control operators of amateur radio stations.
     Such amendments would be in the public interest because they would
     allow more flexibility in the way an amateur radio station can be
     used by a licensee, would allow the control operator of an amateur
     radio station additional flexibility in the operation of the
     station, and would take advantage of technological developments in
     equipment and communication techniques that have occurred since the
     Commission last considered operating privileges in the amateur
     radio service.

104. In addition, the rules proposed in this *Notice*, potentially could
     affect manufactures of amateur radio equipment. Based on requests
     from manufactures for certification of amateur radio transmitters
     and receivers, we believe that there are between five and ten
     manufactures of amateur radio equipment and that none of these
     manufactures are small entities. The proposed rule changes, if
     adopted, would apply to the control operator of an amateur radio
     station and would not result in a mandatory change in manufactured
     amateur radio equipment. Therefore, we certify that the proposals
     in this *Notice*, if adopted, will not have a significant economic
     impact on a substantial number of small entities. The Commission
     will send a copy of the *Notice*, including a copy of this Initial
     Regulatory Flexibility Certification, to the Chief Counsel for
     Advocacy of the SBA.[^405] This initial certification will also be
     published in the Federal Register.[^406]

105. *Paperwork Reduction Analysis*. This *Notice* does not contain
     either a proposed or modified information collection requirement.

106. *Ex Parte Rules Presentations.* This is a permit-but-disclose
     notice and comment rulemaking 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, 1.1206(a).

107. *Alternative formats.* Alternative formats (computer diskette,
     large print, audiocassette, and Braille) are available from Brian
     Millin at (202) 418-7426, TTY (202) 418-7365, or at
     \<<bmillin@fcc.gov>\>. This *Notice* can also be downloaded from
     the Commission's web site at \<<http://www.fcc.gov/>\>.

108. *Comment Dates.* 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 June 15, 2004, and reply comments on
     or before June 30, 2004. Comments may be filed using the
     Commission's Electronic Comment Filing System (ECFS) or by filing
     paper copies.[^407]

109. 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, one copy of an electronic submission must be filed. 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.

110. Parties who chose to file by paper must file an original and four
     copies of each filing. The docket number appearing in the caption
     of this proceeding must appear in each comment or filing. All
     filings must be sent to the Commission's Secretary, Marlene H.
     Dortch, Office of the Secretary, Federal Communications Commission,
     445 12^th^ Street, SW, Room TW-A325, Washington, D.C. 20554.

111. For further information, contact William T. Cross, Public Safety
     and Critical Infrastructure Division, Wireless Telecommunications
     Bureau, (202) 418-0680, or TTY (202) 418-7233.

# ORDERING CLAUSES

112. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 303(r) of
     the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
     154(j), and 303(r), NOTICE IS HEREBY GIVEN of the proposed
     amendment to Parts 0, 2 and 97 of the Commission's Rules, 47 C.F.R.
     Parts 0, 2 and 97, as described above, and that COMMENT IS SOUGHT
     on these proposals.

113. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10313,
     submitted by Kenwood Communications Corporation, Inc., on May 1,
     2001, IS GRANTED to the extent indicated herein.

114. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10352,
     submitted by Mr. Jeffery T. Briggs and Mr. William R. Tippett II on
     September 10, 2001, IS DENIED.

115. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10353,
     submitted by The Quarter Century Wireless Association, Inc., on
     December 17, 2001, IS GRANTED to the extent indicated herein.

116. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10354,
     submitted by Mr. John S. Rippey on December 27, 2001, IS DENIED.

117. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10355,
     submitted by NASA John H. Glenn Research Center Amateur Radio Club
     on December 27, 2001, IS GRANTED to the extent indicated herein.

118. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10412,
     submitted by Mr. Nickolaus E. Leggett on February 11, 2002, IS
     DENIED.

119. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10413,
     submitted by ARRL, Inc., on March 22, 2002, IS GRANTED to the
     extent indicated herein.

120. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10492,
     submitted by Mr. Robert H. Birdsey on March 19, 2002, IS DENIED.

121. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10521,
     submitted by Dr. Michael C. Trahos on January 2, 2002, IS DENIED.

122. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10582,
     submitted by Messrs. Marvin W. Edwards, Frank A. Lynch, and C.
     Norman Young, Jr., on September 10, 2002, IS GRANTED to the extent
     indicated herein.

123. IT IS FURTHER ORDERED that the Petition for Rule Change, RM-10620,
     submitted by Mr. Dale E. Reich on November 14, 2002, IS DENIED.

124. IT IS FURTHER ORDERED that the Petition for Rulemaking, RM-10621,
     submitted by The Radio Amateur Satellite Corp. on December 2, 2002,
     IS GRANTED to the extend indicated herein.

125. IT IS FURTHER ORDERED that the Request for Rule Amendment submitted
     by Mr. Peter Chadwick on April 9, 2001, IS GRANTED to the extent
     indicated herein.

126. IT IS FURTHER ORDERED that the Petition for Rulemaking submitted by
     Mr. John J. Elengo on April 11, 2002, IS DENIED.

127. IT IS FURTHER ORDERED that the Petition for Rule Change submitted
     by Mr. Dale E. Reich on December 4, 2002, IS DENIED.

128. IT IS FURTHER ORDERED that the Petition for Rule Change submitted
     by Mr. Dale E. Reich on December 10, 2002, IS DENIED.

129. IT IS FURTHER ORDERED that the Petition for Rulemaking submitted by
     Mr. Johnathan S. Gunn on January 22, 2003, IS DENIED.

130. IT IS FURTHER ORDERED that the request for a Notice of Inquiry
     submitted by Mr. Bob Sherin on January 30, 2003, IS DENIED.

131. IT IS FURTHER ORDERED that the Petition for Rulemaking submitted by
     Mr. Phillip E. Galasso on February 12, 2003, IS DENIED.

132. IT IS FURTHER ORDERED that the Petition for Rulemaking submitted by
     Mr. Mark Miller on February 25, 2003, IS GRANTED to the extend
     indicated herein.

133. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(f),
     303(r), and 332 of the Communications Act of 1934, as amended, 47
     U.S.C. § § 154 (i), 303(f), 303(r) and 332, this *Order* IS
     ADOPTED.

134. IT IS FURTHER ORDERED that Part 97 of the Commission\'s Rules IS
     AMENDED as specified in Appendix C, effective June 1, 2004.

135. IT IS FURTHER ORDERED that the Commission's Consumer and
     Governmental Affairs Bureau, Reference Information Center, SHALL
     SEND a copy of this NOTICE OF PROPOSED RULEMAKING AND ORDER,
     including the Initial Regulatory Flexibility Certification, to the
     Chief Counsel for Advocacy of the Small Business Administration.

> **FEDERAL COMMUNICATIONS COMMISSION**
>
> Marlene H. Dortch
>
> Secretary

**APPENDIX A**

**PROPOSED RULE CHANGES**

Chapter 1 of Title 47 of the Code of Federal Regulations is proposed to
be amended as follows:

PART 1 -- Application Requirements and Procedures

The authority citation for part 1 continues to read as follows:

**AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and
325(e).**

1\. Section 1.934 is amended by redesignating paragraph (d)(3) as
(d)(4), and adding a new paragraph (d)(3) to read as follows:

**§ 1.934 Defective applications and dismissal.**

\* \* \* \* \*

\(d\) \* \* \*

\(3\) It includes a list of amateur station vanity call signs in order
of preference and requests, as the first preferred call sign, the same
call sign requested on another application filed on the same day by the
same applicant.

\* \* \* \* \*

Part 2 -- Frequency Allocations And Radio Treaty Matters; General Rules
And Regulations

The authority citation for part 2 continues to read as follows:

**AUTHORITY: 47 U.S.C 154, 302a, 303, and 336, unless otherwise noted.**

1\. Section 2.106 is amended by revising United States footnote US267 to
read as follows:

**§ 2.106 Table of Frequency Allocation.**

\* \* \* \* \*

US267 In the band 902-928 MHz, amateur radio stations shall transmit on
the frequency segments 902.0-902.4, 902.6-904.3, 904.7-925.3,
925.7-927.3, and 927.7-928.0 MHz within the States of Colorado and
Wyoming, bounded by the area of latitude 39 deg. N. to 42 deg. N. and
longitude 103 deg. W. to 108 deg. W.

\* \* \* \* \*

2\. Section 2.815 is amended by removing paragraphs (d) and (e), and
revising paragraphs (b) and (c) to read as follows:

**§ 2.815 External radio frequency power amplifiers.**

\* \* \* \* \*

\(b\) After April 27, 1978, no person shall manufacture, sell or lease,
offer for sale or lease (including advertising for sale or lease), or
import, ship, or distribute for the purpose of selling or leasing or
offering for sale or lease, any external radio frequency power amplifier
unless the amplifier has been approved in accordance with subpart J of
this part and other relevant parts of this chapter. This proscription
shall not apply to the marketing to an amateur radio operator of an
external radio frequency power amplifier provided the amplifier is for
use at an amateur radio station and the requirements of Sections 97.315
and 97.317 of this chapter are met.

\(c\) No person shall manufacture, sell or lease, offer for sale or
lease (including advertising for sale or lease) or import, ship or
distribute for the purpose of selling or leasing or offering for sale or
lease, any external radio frequency power amplifier unless the amplifier
has received a grant of certification in accordance with subpart J of
this part and other relevant parts of this chapter. No more than 10
external radio frequency power amplifiers may be constructed for
evaluation purposes in preparation for the submission of an application
for a grant of certification. This proscription shall not apply to the
marketing to a licensed amateur radio operator of an external radio
frequency power amplifier provided the amplifier is for use at an
amateur radio station and the requirements of Sections 97.315 and 97.317
of this chapter are met.

3\. Section 2.1060 is amended by removing paragraph (c), redesignating
paragraph (d) as paragraph (c) and revising paragraph (c) to read as
follows:

**§ 2.1060 Equipment for use in the amateur radio service.**

\* \* \* \* \*

\(c\) Certification of external radio frequency power amplifiers may be
denied when denial would prevent the use of these amplifiers in services
other than the Amateur Radio Service.

Part 97 - Amateur Radio Service

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.**

1\. Section 97.3 is amended by removing and reserving paragraph (a)(19)
and revising paragraph (c)(2) to read as follows:

**§ 97.3 Definitions.**

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

\(c\) \*\*\*

\(2\) Data. Telemetry, telecommand and computer communications emissions
having designators with A, C, D, F, G, H, J or R as the first symbol; 1
as the second symbol; D as the third symbol; emissions A1C and F2C
having an occupied bandwidth of 500 Hz or less, and J2D. Only a digital
code of a type specifically authorized in this part may be transmitted.

\* \* \* \* \*

2\. Section 97.19 is amended by revising paragraphs (c)(3) and (d)(1) to
read as follows:

**§ 97.19 Application for a vanity call sign.**

\* \* \* \* \*

\(c\) \* \* \*

\(3\) Except for an applicant who is the spouse, child, grandchild,
stepchild, parent, grandparent, step-parent, brother, sister,
stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and
except for an applicant who is a club station license trustee acting
with a statement of consent signed by the person *ante mortem* or the
written consent of at least one relative, as listed above, of a person
now deceased, the call sign shown on the license of a person now
deceased is not available to the vanity call sign system for 2 years
following the person\'s death, or for 2 years following the expiration
of the license grant, whichever is sooner.

\(d\) \*\*\*

( 1) The applicant must request that the call sign shown on the license
grant be vacated and provide a list of up to 25 call signs in order of
preference. In the event that an applicant requests the same call sign
as their first preferred call sign in more that one application on the
same receipt day, only the first processable application received by the
Commission will be considered.

\* \* \* \* \*

3\. Section 97.111 is amended by redesignating paragraphs (a)(2) through
(a)(4) as (a)(3) through (a)(5), respectively, and adding a new
paragraph (a)(2) to read as follows:

**§ 97.111 Authorized transmissions.**

\(a\) \* \* \*

\(2\) Transmissions necessary to meet essential communication needs and
to facilitate relief actions.

\* \* \* \* \*

4\. Section 97.113 is amended by revising paragraph (e) to read as
follows:

**§ 97.113 Prohibited transmissions.**

\* \* \* \* \*

\(e\) No station shall retransmit programs or signals emanating from any
type of radio station other than an amateur station, except propagation
and weather forecast information intended for use by the general public
and originated from United States Government stations, and
communications, including incidental music, originating on United States
Government frequencies between a manned spacecraft and its associated
Earth stations. Prior approval for manned spacecraft communications
retransmissions must be obtained from the National Aeronautics and Space
Administration. Such retransmissions must be for the exclusive use of
amateur radio operators. Propagation, weather forecasts, and manned
spacecraft communications retransmissions may not be conducted on a
regular basis, but only occasionally, as an incident of normal amateur
radio communications.

\* \* \* \* \*

5\. Section 97.115 is amended by revising paragraph (b)(2),
redesignating paragraph (c) as paragraph (d), and adding a new paragraph
(c), to read as follows:

**§ 97.115 Third party communications.**

\* \* \* \* \*

\(b\) \* \* \*

\(2\) The third party is not a prior amateur service licensee whose
license was revoked or not renewed after hearing and re-licensing has
not taken place; suspended for less than the balance of the license term
and the suspension is still in effect; suspended for the balance of the
license term and re-licensing has not taken place; or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings. The third party may not be the subject of a
cease and desist order which relates to amateur service operation and
which is still in effect.

\(c\) No station may transmit third party communications while being
automatically controlled except a station transmitting a RTTY or data
emission.

\* \* \* \* \*

6\. Section 97.201 is amended by revising paragraph (b) to read as
follows:

**§ 97.201 Auxiliary station.**

\* \* \* \* \*

\(b\) An auxiliary station may transmit only on the 2 m and shorter
wavelength bands, except the 144.0-144.5 MHz, 145.8-146.0 MHz, 219-220
MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments.

\* \* \* \* \*

7\. Section 97.207 is amended by revising paragraph (g) and removing
paragraphs (h) and (i) to read as follows:

**§ 97.207 Space station.**

\* \* \* \* \*

\(g\) The license grantee of each space station must file the following
notification with the International Bureau, FCC, Washington, DC 20554.

\(1\) A pre-space notification within 30 days after launch vehicle
determination, but no later than 90 days before integration of the space
station into the launch vehicle. This notification shall include an
electronic file containing the information required by Appendix 4 of the
ITU Radio Regulations in the format consistent with ITU requirements.
With that notification, the license grantee of the space station shall
include a description of the design and operational strategies the space
station will use to mitigate orbital debris, including a casualty risk
assessment if planned post-mission disposal involves atmospheric
re-entry of the spacecraft. The description must include an analysis
demonstrating that debris generation will not result from the conversion
of chemical, pressure, or kinetic energy sources on board the spacecraft
into energy that fragments the spacecraft. This demonstration should
address whether stored energy will be removed at the spacecraft's
end-of-life, by depleting residual fuel and leaving all fuel line valves
open, venting any pressurized system, leaving all batteries in a
permanent discharge state, and removing any remaining source of stored
energy, or through other equivalent procedures. If any material item
described in the notification changes before launch, a replacement
pre-space notification shall be filed with the International Bureau. The
replacement notification shall be filed no later than 90 days before
integration of the space station into the launch vehicle.

\(2\) An in-space station notification no later than 7 days following
initiation of space station transmissions. This notification must update
the information contained in the pre-space notification.

\(3\) A post-space station notification no later than 3 months after
termination of the space station transmissions. When termination of
transmissions is ordered by the FCC, the notification is required no
later than 24 hours after termination of transmissions.

8\. Section 97.301 is amended by revising paragraphs (b), (c), (d), and
(e) to read as follows:

**§ 97.301 Authorized frequency bands.**

\* \* \* \* \*

\(b\) \* \* \*

Wavelength ITU ITU ITU Sharing requirements

band Region 1 Region 2 Region 3 See § 97.303,

Paragraph:

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

[HF]{.underline} [MHz]{.underline} [MHz]{.underline} [MHz]{.underline}

80 m 3.50‑3.725 3.50‑3.725 3.50‑3.725 (a)

75 m 3.725‑3.800 3.725‑4.000 3.725‑3.900 (a)

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

\(c\) \* \* \*

Wavelength ITU ITU ITU Sharing requirements

band Region 1 Region 2 Region 3 See § 97.303,

Paragraph:

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

[HF]{.underline} [MHz]{.underline} [MHz]{.underline} [MHz]{.underline}

80 m 3.525‑3.725 3.525‑3.725 3.525‑3.725 (a)

75 m 3.750‑3.800 3.750‑4.000 3.750‑3.900 (a)

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

15 m 21.025‑21.200 21.025‑21.200 21.025‑21.200

‑Do‑ 21.225‑21.450 21.225‑21.450 21.225‑21.450

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

\(d\) \* \* \*

Wavelength ITU ITU ITU Sharing requirements

band Region 1 Region 2 Region 3 See § 97.303,

Paragraph:

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

[HF]{.underline} [MHz]{.underline} [MHz]{.underline} [MHz]{.underline}

80 m 3.525‑3.725 3.525‑3.725 3.525‑3.725 (a)

75 m ‑‑‑ 3.800‑4.000 3.800-3.900 (a)

40 m 7.025‑7.125 7.025‑7.125 7.025‑7.125 (a)

‑Do‑ ‑‑‑ 7.175‑7.300 ‑‑‑ (a)

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

15 m 21.025‑21.200 21.025‑21.200 21.025‑21.200

‑Do‑ 21.275‑21.45 21.275‑21.45 21.275‑21.45

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

\(e\) \* \* \*

Wavelength ITU ITU ITU Sharing requirements

band Region 1 Region 2 Region 3 See § 97.303,

Paragraph:

[HF]{.underline} [MHz]{.underline} [MHz]{.underline} [MHz]{.underline}

80 m 3.525-3.725 3.525-3.725 3.525-3.725 (a)

40 m 7.025-7.075 7.025-7.125 7.025-7.075 (a)

15 m 21.025-21.200 21.025-21.200 21.025-21.200

10m 28.0-28.5 28.0-28.5 28.0-28.5

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

9\. Section 97.303 is amended by revising paragraph (g)(1) to read as
follows:

**§ 97.303 Frequency sharing requirements.**

\* \* \* \* \*

\(g\) \* \* \*

\(1\) In the States of Colorado and Wyoming, bounded by the area of
latitude 39 deg. N. to 42 deg. N. and longitude 103 deg. W. to 108 deg.
W., an amateur station may transmit on the frequency segments
902.0-902.4, 902.6-904.3, 904.7-925.3, 925.7-927.3, and 927.7-928.0 MHz.
This band is allocated on a secondary basis to the amateur service
subject to not causing harmful interference to, and not receiving any
interference protection from, the operation of industrial, scientific
and medical devices, automatic vehicle monitoring systems, or Government
stations authorized in this band.

\* \* \* \* \*

10\. Section 97.305 is amended by revising paragraph (c) to read as
follows:

**§ 97.305 Authorized emission types.**

\* \* \* \* \*

\(c\) \* \* \*

Wavelength Frequencies Emission types Standards

band authorized See § 97.307(f),

Paragraph:

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

HF

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

40 m 7.000-7.075 MHz RTTY, data \...\...\...\...\.... (3), (9)

-Do- 7.075-7.100 MHz Phone, image \...\...\...\..... (1), (2), (9), (11)

-Do- 7.100-7.125 MHz RTTY, data \...\...\...\...\...\...(1), (9)

-Do- 7.125-7.300 MHz Phone, image \...\...\...\..... (1), (2)

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

VHF

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

1.25 m 219-220 MHz Data \...\...\...\...\...\...\..... (13)

-Do- 222-225 MHz RTTY, data, test

MCW, phone, SS, image\...\... (2), (6), (8)

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

11\. Section 97.313 is amended by revising paragraph (c) to read as
follows:

**§ 97.313 Transmitter power standards.**

\* \* \* \* \*

\(c\) No station may transmit with a transmitter power exceeding 200 W
PEP:

\(1\) On the 10.10-10.15 MHz segment;

\(2\) When the control operator is a Novice Class operator or a
Technician Class operator who has received credit for proficiency in
telegraphy in accordance with the international requirements; or

\* \* \* \* \*

12\. Section 97.315 is amended by revising paragraphs (a), (b)
introductory text, (b)(1) through (b)(3), and (c) to read as follows:

**§ 97.315 Certification of external RF power amplifiers.**

\(a\) Any external RF power amplifier (see Section 2.815 of the FCC
Rules) manufactured or imported for use at an amateur radio station must
be certificated for use in the amateur service in accordance with
Subpart J of Part 2 of the FCC Rules. No amplifier capable of operation
below 144 MHz may be constructed or modified by a non-amateur service
licensee without a grant of certification from the FCC.

\(b\) The requirement of paragraph (a) does not apply if one or more of
the following conditions are met:

\(1\) The amplifier is constructed or modified by an amateur radio
operator for use at an amateur station.

\(2\) The amplifier was manufactured before April 28, 1978, and has been
issued a marketing waiver by the FCC, or the amplifier was purchased
before April 28, 1978, by an amateur radio operator for use at that
operator\'s station.

\(3\) The amplifier is sold to an amateur radio operator or to a dealer,
the amplifier is purchased in used condition by a dealer, or the
amplifier is sold to an amateur radio operator for use at that
operator\'s station.

\(c\) Any external RF power amplifier appearing in the Commission\'s
database as certificated for use in the amateur service may be marketed
for use in the amateur service.

13\. Section 97.317 is amended by revising paragraph (a) introductory
text, paragraphs (a)(1), (a)(2), and paragraph (b) to read as follows:

**§ 97.317 Standards for certification of external RF power
amplifiers.**

\(a\) To receive a grant of certification, the amplifier must:

\(1\) Satisfy the spurious emission standards of Sec. 97.307(d) or (e)
of this part, as applicable, when the amplifier is operated at the
lesser of 1.5 kW PEP or its full output power and when the amplifier is
placed in the "standby" or "off" positions while connected to the
transmitter.

\(2\) Not be capable of amplifying the input RF power (driving signal)
by more than 15 dB gain. Gain is defined as the ratio of the input RF
power to the output RF power of the amplifier where both power
measurements are expressed in peak envelope power or mean power.

\(b\) Certification may be denied when the Commission determines the
amplifier can be used in services other than the Amateur Radio Service.

14\. Section 97.401 is amended by removing and reserving paragraph (a),
removing paragraph (b), redesignating paragraph (c) as paragraph (a),
and revising paragraph (a) to read as follows:

**§ 97.401 Operation during a disaster.**

\(a\) A station in, or within 92.6 km of, Alaska may transmit emissions
J3E and R3E on the channel at 5.1675 MHz for emergency communications.
The channel must be shared with stations licensed in the Alaska private
fixed service. The transmitter power must not exceed 150 W. A station
in, or within 92.6 km of, Alaska may transmit communications for tests
and training drills necessary to ensure the establishment, operation,
and maintenance of emergency communication systems.

\* \* \* \* \*

15\. Section 97.407 is amended by revising paragraph (b) to read as
follows:

**§ 97.407 Radio amateur civil emergency service.**

\(a\) \*\*\*

\(b\) The frequency bands, 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
frequency segments authorized pursuant to part 214 of this chapter.

\* \* \* \* \*

16\. Section 97.505 is amended by adding paragraph (a)(10) to read as
follows:

**§ 97.505 Element credit.**

\(a\) \* \* \*

\(10\) An expired FCC-issued Technician Class license document and a
CSCE indicating the examinee has passed a telegraphy examination:

> Element 1.

\* \* \* \* \*

17\. Section 97.509 is amended by revising paragraphs (a) and (m) 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. The number of examinees at the session may be
limited.

\* \* \* \* \*

\(m\) After the administration of a successful examination for an
amateur service operator license, the administering VEs or the VE
session manager must submit the application document to the coordinating
VEC according to the coordinating VEC's instructions.

18\. Section 97.519 is amended by revising paragraph (b) to read as
follows:

**§ 97.519 Coordinating examination sessions.**

\* \* \* \* \*

\(b\) At the completion of each examination session, the coordinating
VEC must collect applicant information and test results from the
administering VEs. The coordinating VEC must:

\* \* \* \* \*

APPENDIX B

**Commenters**

**RM-10313**

RICHARD C. BAUM, KE2K

KENNETH RICHARDS

RODGER ALEXANDER

SCOTT HONAKER

ANTHONY BUROKAS

BRIAN BADGER

MARTIN S. WILCOXSON

RONALD A. PFEIFFER

DAVID P SCHORNAK

ROBERT KOERNER

STEVEN JAMES ROBESON

GREG PERALTA

DONALD YOUNG

BOB BAILEY KAØMR

KENWOOD COMMUNICATIONS CORP.

ROBERT F. ACINAPURA

GARY P. STANDORF

TIMOTHY P. DUGAN, JR.

W. LEE MCVEY, P.E. - W6EM

LEONARD J. UMINA

ROBERT FULLER

RON KARGER AB8DT

ROBERT E. BRUNINGA

RICHARD A. MERHAR

RICHARD ILLMAN

PHILIP KARRAS

ROY LEWIS KE4SLL

HANS J. MILLER

JOHN MCAULEY

KEN ROGERS

GARY A. COOPER, N7ZHG

JAMES RICK SOHL

MATTHEW SADLER

STEVEN J ROBESON

THOMAS E. WALSH / KB7EFZ

ROBERT MITILIERI - N9EF

NICKOLAUS E. LEGGETT

DOPRAN S. PLATT

RICHARD M. WINTER K7JKY

WILLIAM J. GALLAGHER

KENWOOD COMMUNICATIONS-REPLY

**RM-10352**

PAUL S. COURSON

ART PIGHTLING

WILLIAM R. TIPPETT

BRIGGS AND TIPPETT

SCOTT JONES

HENRY PERRAS

CHARLES T. RAUCH

G. J. CHOUINARD

MIKE COWART

JOSEPH T. SUBICH

M. ROBIN CRITCHELL

KEN CARUSO

SCOTT D. HUDLER

DAVID HUMBERTSON

WARREN H. ZIEGLER

JEFFREY A. MAASS

JIM MILLER

OWEN MITCHELL

RALPH L. DUVALL

KURT B. PAUER

JEREMY L. MULLER

PAUL S. COURSON

DANIEL LOVE

WILLIAM F. SANTELMANN, JR. N1AU

HOWARD L. LESTER

EDWARD L. STUCKEY

DONALD W. STRIBLING KH6DX

DONALD L KEROUAC

JAMES E. COOK

EUGENE SKOPAL

JOSEPH E LONG

BARRY A. BOOTHE, W9UCW

MELVIN LEHMANN

DARRYL G. LINDBERG

JAMES H. YOUNG

PAUL S. COURSON

DAVID M. CALHOUN SR.

DAVID J. TARRANT

CHARLES HANSEN

WILLIAM T. HOMEWOOD

THOMAS J. MACKIE

JOHN R. WELTY

ROGER D JOHNSON

MICHAEL TESSMER

JAMES PFISTER

RICHARD L. WILDER K3DI

CHARLES E HANSEN

RONALD MCCLAIN

KRIS MRAZ

JOSHUA L HOUK

KENNETH N. BOLIN

JAMES P. MICCOLIS, N2EY

WILLIAM C. WHITE

ANDREW J. KETNER

JAMES D. SPAULDING

ERIC SCACE K3NA

ROBERT A. WALLS

ROBERT TILLER

GEORGE W. HIPPISLEY

S SCHIEVING JR. W0HG

DWIGHT G. BOSSELMAN

FREDERICK HANDSCOMBE

ROBERT S MORRIS

JOSEPH T. SUBICH

JEFF BENSON - N8CC

KENNETH RAMIREZ

LEO DRESCHER

WALLACE C. ECKLES

JAMES A JAKUBIN

LEE A. WARD

MIKE SAWYER

JAMES V. MINOR IV

ALAN J. CUNNINGHAM

ERIC VAN HORN

MARVIN D. TAYLOR

GARY G. HEMBREE

RAYMOND A. COFFEY

ERNEST J. ZINGLEMAN

B J PITTMAN

EUGENE WALTER

HAROLD HERRING

YVES A. FEDER

TOMAS HOOD, NW7US

JOHN S MATTHEWS

GARY MCCAUGHEY

ROBERT D. EDMONDSON

GARY A. BREED

MICHAEL D. BROWN

LOUIS CRUZ

JUAN ARENCIBIA

BENNY H. BADDLEY

JULIO PEREZ

CLARK L. STEWART

JULIO RIPOLL, WD4JR

RANDALL K. MARTIN K0EU

OWEN MITCHELL KB5XE

JAMES S. IDELSON

JOSEPH H. REISERT

JULIO HNERIQUEZ, AD4Z

JESUS HERNANDEZ

CARL HERRERA

STEVE LANYI

BILL JOHNSON

JOHN SPENCER

ALEX W. BONNER

JAMES D. JORGENSEN

VINCENT CORTINA

ANTHONY B. (BERNIE) MCCLENNY, JR. W3UR

THOMAS A. BAUGH

BRADLEY R. ANBRO, N9EN

DAVE PASCOE KM3T

WILLIAM S. JAMES

LAWRENCE R. TAFT

THOMAS E. KUEHL

JIM FUNK

NICHOLAS C. WISLOCKI

ROBERT E. BRUHNS

STEVEN R. DANIEL

NORMAN DOUGLAS GRANT

STEPHEN D. BOLIA

WILLIAM A. PRESTON

ROBERT CALLAHAN

NICHOLAS A. FERRO

JOHN D. ALLYN

MAHLON R. HAUNSCHILD

MICHAEL J WAGNER

A. PIGHTLING

JESS LEBOW K8LJQ

PHIL A. LEVIN

SPENCER M. LAZAR

LARRY BURKE

KIERAN J. O\'HAGAN

RICHARD SAEGER

KENNETH V. MILLER

WILLIAM EWING

LLOYD CHASTANT

JOHN C. ABSALOM

SCOTT FREEBERG

WILLIAM E. CHAMBERS

RALPH W. DAME

THOMAS CATHEY

PAUL COURSON

TODD D. BIGELOW

TIMOTHY P. HAAKE

WELDON FIELDSWE

KIM PIGHTLING

RON RUBIN

JAMES JOHNSON

GARRY R. SHAPIRO

GLEN ALLEN

MICHAEL H. LAJOIE

PAUL GOODMAN

STEPHEN ICKES

WILLIAM R. MCNEIL N4JI

JAMES J. REISERT

JOHN LYLES

ERIC MARTIN

MARK SPECK

WILLIAM B. SMITH

STEVEN TUTHILL

BARBARA SWEET

JOSEPH CRO N3IBX

GEORGE M. HALL

RICHARD M. TAVAN

PAUL D. SERGI

EDWIN S. REDKEY

MARC TARPLEE

ARLAN L. BOWEN

LARRY ECKENRODE

ANTHONY A. DEBIASI

PRESTON T. SMITH

IRA P. STOLER

CLIFTON T. TRICE

JAMES E FRUSHER

DONALD B. CHESTER

ROBERT N. TELLEFSEN

PAUL H. NEWBERRY, JR.

JOHN KAUFMANN

HERBERT R SWEET

JAMES T. GRANGER, W4TMM

ERIC L. ZUST

JAMES L KINSER

RICHARD E. MOSER

ROBERT CRANFORD

ARTHUR PREWITT

HARDY LANDSKOV

FRITZ REUNING

PAUL W. MAIKRANZ

MICHAEL D. LONNEKE

ROBERT DOHERTY

BRYCE A. CARR

JIM WILLIAMS

JEFFREY A. MAASS

MAYLON J HARVEY

WILLIAM S. MCCONNELL, N9US

R. CARL LUETZELSCHWAB

ROBERT S. WRUBLE

GORDON LEE MUISE

PETER H. BRIGGS

THOMAS L. VISELLI, JR.

JEFFREY A. MAASS

PAUL WOMBLE

JOE M. OWEN

THOMAS M. GREENWAY

FERALD F. LOFSTEAD

FRED A CRESCE

ROBERT LUKASZEWSKI

DAVID A. PRUETT

ROBERT L. GILL

WALTER P. BERNADYN

MIKE CRABTREE

RALPH MCCLINTOCK

GREGORY J. CARTER

LESLIE H. MURPHY

WILLIAM E. KENNAMER

RONALD ST.LAURENT

GEORGE R. OLIVA, JR

MARTIN L. ROCKFIELD, JR.

JOHN W. DAY

JOHN A. SCOTT

CHARLES W. SHAW

STEPHEN P. HART

LAYFIELD L. LAMB

JIM HENDERSON

HENRY G. ELWELL, JR.

ARCHIBALD C. DOTY, JR.

MICHAEL DINELLI

JOE BLACKWELL

JERRY W. ROSALIUS

DOUGLAS R. MADDOX

WILLIAM L. DAWSON

HAROLD PRICE SMITH, JR.

JULIUS B. CHILLER

W. MIKE WOOD

RODNEY R. INGRAM

DENNIS MOTSCHENBACHER

THOMAS WELTZER

RICHARD K. KARLQUIST

STEPHEN S. REICHLYN

CHARLES MORRISON - N1RR

MICHAEL MRAZ N6MZ

STEVE WOODRUFF

THOMAS A. RUSSELL N4KG

ROGER BOROWSKI

LAWRENCE. H MOLITOR

ROBERT D. PETERSON

JAMES H. MCCOOK

TOM G. WHITESIDE

THEODORE J. COHEN

WILLEM A. ANGENENT

DAVID KENNEDY

ANTHONY KAZMAKITES

WILLIAM G. MCDOWELL

RON POMATTO

THOMAS A. MCKEE

KEN J CLAERBOUT

JIM MONAHAN

DAVID S. MCCALLUM

LUTHER J. CAMP

STAN SEIFFERT

WAYNE A. STRAHL

MARK A. SHELTON

RICK STURDIVANT

JOSEPH T. SUBICH

WILLIAM B. FAGEOL

D. BRYAN VAUGHAN

JOHN GODWIN

PHILIP LAZAR

JOHN R. SILVA

THOMAS G. VAVRA

KENNETH S. CANNADAY

DAVID N. HAUPT

MICHAEL C. FULCHER

DALE L KALCHERT

MARSHALL G. EMM

THOMAS F. GIELLA

RICHARD J. CASEY

WILLIAM GIOIA

MARK MAY

DANIEL R. SIMMONDS

FRANK O. LONG

DAVE HOTTELL

JOHN W. BROSNAHAN

GARY BAYLESS

DARRYL J. KELLY

KEVIN D. ADAM

MARK ANTHONY

PETER HUTTER

WILLIAM R. TIPPETT W4ZV

PATRICK M. BARKEY

RONALD J GORSKI

ROY C. KOEPPE

CHARLES COMERFORD

MICHAEL C. TOPE

NICHOLAS J. STANZIOLA

ROBERT A JOHNSON

W. TIPPETT

ISAAC R. PRICE

RONALD C. BEDNARZ

ALFRED C. ROUSSEAU

HOWARD M. KLEIN

ALAN BROWN

DANIEL H HOGAN

DOUGLAS W. ATTAWAY

ROBBERT G. FLORY

WALTER A. WESSEL, JR.

FLOYD A. REYNOLDS

PETER J. MALVASI

MICHAEL STOVER

PHILIP CAMERA

BILLY W. COX JR.

CHARLES M. DUNLAP, JR.

ALLEN BARDWELL

G.E. TUCKER, W5VU

DAVID E SINCLAIR

HARRY WILLIAMS

SAMUEL A. LESLIE

H ALLEN ROBBINS

WILLARD H. SITTON

STEPHEN K. STONE

TIMOTHY N. COLBERT

MICHAEL C. POOLE

RICHARD N. BODINE

ELLIOT V. BLAIZE JR.

MICHAEL J MCGIRR

CHARLES L DIETZ

JAMES WOLF

PATRICIA COLVIN

GARY R. NICHOLS

JERRY L. BARTACHEK SR.

DAVID L. THOMPSON

PAUL M. ELLIOTT, JR.

JOHN H. SHANNON

TERRY HATTON

JERRY R. SPRAY

TIMOTHY H. HEATON

JAMES STAHL

MICHAEL CHRISTIE

MICHAEL ST. ANGELO

TERRY A. POSEY, PE

JESS COLVIN

R. K. QUIN

DONALD STRIBLING KH6DX

FERNANDO VIGUERAS

LUCIANO MARTINEZ

KEN ADAMS, K5KA

NEIL SMITH

VIC KELLER

GUSTAV W. HELLMAN

LARRY SCHIMELPFENIG

WILLIAM GAINES

ROBERT KING

ROBERT DIXON

JOHN D. HENSLEY

JOHN R BINGHAM

BRADFORD E. REHM, KV5V

OSVALDO PLA

MIGUEL MAZQUIARAN

STEVEN J. LITWINS

JOSE M. CHAVEZ

DEAN W. SHOWALTER

DAVID A. RAYMOND

EDWARD J. CHANCE K3JJG

GARY D. ELLIOTT

PETER G. SMITH

PATRICK L. COLLINS

STEPHEN BERTSCH

OSVALDO MARTINEZ

EUGENIO A. FLORES

FREDY GOMEZ

GREGORIO MENDEZ

JESUS HERNANDEZ

MIGUEL ESPINOSA

DUANE L. MITCHELL

WILLIAM H SMITH

PETER MARKHAM WA4HEI

PAUL KICIAK N2PK

CYRIL H HALBACH

JOHN BURGIO, W2JB

JOHN E GERLACH

LESLIE M. NUHN

CHARLES W CLARKE

GREG WILSON

CHARLES T. RAUCH

MARK F. ZEGEL

GEORGE W. BRIGGS

GEORGE A. GUERIN

SILVERIO L. REMIGIO

EARL W. CUNNINGHAM

ELWOOD C. VEREGGE

THEOODORE DEMOPOULOS

JULIUS GOSTEL JR.

ED GILLILAND

P. FRED MUNZENMAYER

FR. JOHN HILL

RANDY C. SCHAAF

ED GILLILAND

DENNIS A. HOMERICK

ALAN VAN BUREN

JOHN BREWER

ROGER J PARSONS

JOHN P. LARSON

PAUL D. SCHRADER N4XM

ROBERT LEO

AUSTIN REGAL

CLEO M. CHRISTENSEN

EDWARD C. GRAY

FRANK A. LYNCH, W4FAL

GEORGE E. TAFT

JOSEPH N. VERAS

JAMES P. BOWMAN

JON ZAIMES

DICK WOLF - N6FF

ROBERT W. WILSON

ROBERT GARRETT

JAMES WILSON

JOHN B. VICKERS

MARK D. MCINTYRE SR.

MARK C. KILLMON

HENRY S KASTELBERG

DONALD B. HALL

KENNETH H. MOORE, JRF

DENNIS EGAN, NB1B

ROBERT E. HELMS

PHILIP J. GOETZ

JIM MONAHAN, K1PX

R. DEAN STRAW

JOHN B. MITCHELL

BRYON VEAL

RICHARD WOLF - N6FF

JOHN ROBERT ESHLEMAN, W4DR

CHARLES E. DEWEY, JR.,W0CD

BILL BROWN K0UK

DAVE BOWKER

HAROLD TATE N8FXH

GLENN L. ROESER

STEVE P. GECEWICZ

WALTER E. WILSON, JR

LAWRENCE T. HARRISON, JR.

VICTOR H. GADZIK

CHARLES R. SCHWARTZ

CURTIS BLEVINS

YURI BLANAROVICH

JOEL B. HOAG

JOSEPH A. GAGLIARDI

JAMES L. JARVIS

WILLIAM HOISINGTON

JOHN GODWIN

RICHARD B. WILBORG

JOHN TERLESKI

MICHAEL F. GILMER

DAVID R. PATTON

G. LLOYD RIGG

MICHAEL D. SAWYER

WILLIAM P. TURNEY

KENNETH G. BYERS, JR

ROBERT MARCH

JEFFREY L. KELLER

BILL RAMSEY

PETER PELLACK

FREDERICK MAAS

DOUGLAS C. WALLER

JOHN. G. HIPP

JARI JUSSILA

WILLIAM R. TIPPETT

VAUGHN WORTH

ART PIGHTLING

GALE A. STEWARD

J. EDWARD MUNS

FREDERICK L. CAPOSSELA

BARRY GROSS

THOMAS FRANKLIN GIELLA

DUANE A. CALVIN

ED GILLILAND

MILTON KENT MILLER

BILL KLERONOMOS

JOSEPH H WILKOWSKI K8FC

RONALD L. FEUTZ

WILLIAM G. RINKER

PATRIC D. WINTHEISER

JOHN O. BAUMGARTEN

ERIC BALL

PHILIP E. GALASSO

MARION L. JACKSON, JR.

DONALD A. KARVONEN

NICHOLAS D. RICCI

KENNETH J. FATTMANN

GARY J. FERDINAND W2CS

WILLIAM HOHNSTEIN

GRIFFITH L. GORDON

DANIEL J. FLAIG

DAVE BOWKER

PAUL T. OBERT

PHILIP W. FINKLE

HOWARD HOYT N4AF

ANDREW BLANK

JAY RUTHERFORD

RANDALL A THOMPSON

THOMAS W. PARKINSON

HUGH S. PHILLIPS

COLLIN DVORAK

JOHN C. HOLLIMAN

DAVID J. SCHMOCKER

JAMES L. JARVIS

JOHN E. GERCKEN, AA9UF

TOM WHITTEN

JOHN GETZ

RON GRANDMAISON

JOHN C. GOLLER

KEN WARREN

JEFFREY T. BRIGGS

CHARLES G. SUMMERS, JR.

STEVE IRELAND

KEITH P JILLINGS

JOHN P. ROGERS

GRAHAM BRETT ALEXANDER

GREG SMITH

**RM-10353**

QCWA

DAVE BOWKER

FR. JOHN HILL - KC4OKW

HAROLD TATE N8FXH

JEFFREY L GOODNUFF

EDWIN R. LAPPI

STEVEN BRYANT

COLLIN DVORAK

THOMAS M. LEHNERT

KELLY, SAM R.

KENNETH ALAN

**RM-10354**

JAY JENKINS

MICHAEL H. LAJOIE

WILLIAM R. TIPPETT

PHYLLISAN WEST

HAROLD TATE N8FXH

JAMES M. MAY

CHARLES G. SUMMERS, JR.

HUGH S. PHILLIPS

JOHN MARTIN -W4KYL

MIKE MELLO, N5MJ

ALLEN K. LOVETT

ALAN J. WORMSER

PAUL CARPENTER

DENNIS DUFFIN

COLLIN DVORAK

DR. DAVID M. COLBURN, KD4E

WILLIAM R. EATON

MICHAEL J. LYNESS, AF4LQ

DREW R.MCCARSKY-KB2SEO

STEVE DRAGER W3UXZ

HERBERT W RAEMSCH

WILLIAM D. PRICE

PAUL GATEWOOD

MARK RICHARDS

KELLY, SAM R.

JEFFREY THAU

ALLAN KRUGER

BREN DORECK

JOHN GETZ

RICHARD BRITTINGHAM

HANS BRAKOB K0HB

**RM-10355**

DAVID W. DUKE

JET PROPULSION LABORATORY ARC

MATTHEW J GILBERT

SCOTT H. LINDSEY-STEVENS

HAROLD TATE N8FXH

JOHN L. GAFFORD

JAMES M. MAY

JOHN C. HOLLIMAN

KEITH E. WYATT

JOHN CHAMBERLAIN, AC5CV,

WACO AMATEUR TELEVISION SOCIETY

Dr. DAVID M. COLBURN, KD4E

JOHN COOPER JR

**RM-10412**

DON SCHELLHARDT, ESQUIRE

WILLIAM C. WHITE/KD7BFX

NICKOLAUS E. LEGGETT REPLY COMMENTS

SCOTT D. HERNALSTEEN

THOMAS P. CURRIE

NEIL J NITZBERG

WILLIS WHATLEY

MARTIN S. WILCOXSON

GEORGE J. MCCOUCH

THOMAS P. CURRIE

BRENNAN PRICE

POHM, MARC A

NICKOLAUS E. LEGGETT

DANNY BLACKBURN

DAVID A. MERRIWEATHER

KENNETH MEYER

RICH EYRE - REC NETWORKS - K7REC

JAY D. BERRINGER

KEN MEYER

RICKEY D. PIERCE

CHRISTOPHER J. CIESLAK

HOWARD STICKLEY

KERRY STEFFENS WØON

RANDALL WINCHESTER

STEVE SILVERWOOD

HANS BRAKOB, K0HB

DAVID N. KAMP

ED BODNAR

MARK RICHARDS

JOHN P. FLYNN

CARL R. STEVENSON WK3C

CHARLES L. JOHNSON, WA7JOS

RICK REICHERT, KF4LM

JOE NEIL

J.W. WHITE K1EXE

JOHN GETZ

VINCENT DIMALTA WB3LJQ

PETER K.MURRICANE

DONALD L. COLLINSON

PATRICK W. TICE

LARRY L. LEDLOW, JR. N1TX

DANIEL MARLOW

KURT A. LUDWIG

FRED C. KELLY III

PATRICK E. FREEMAN

PHILLIP D. BRITTENHAM

W. LEE MCVEY

M CLAY JACKSON

FRANCES J BRADLEY

CHRIS KARPINSKY

TERRY L. NIXON WB0VQP

ROBERT BOEHMER

MICHAEL MAIORANA

JOHN J. SCHMITZ, P.E.

BRIAN H. DAVIS

DANA H. MYERS

RICHARD G. THOMASSON

PAUL GENE HADLEY

TIMOTHY M. TAPIO AG4QE

THOMAS A. GEIS

ALEXANDER KRAUSKA

RONALD D. ROSSI

DAVID M. REYNOLDS

JOHN ELLIS, NP2B

KEN COUGHLIN

VINCENT MASTROGIOVANNI KK5RZ

CHARLES P. ADKINS

BARRY SCHIEFERSTEIN

JOHN WAGNER

JACK BECKMAN

ROBIN RUMBOLT

MARK K. HUNTINGTON KA2MHY

CHRISTOPHER J. CIESLAK

FRANK A. LYNCH

CARL SWANSON

JOHN DEWEY KA9CAR

**RM-10413**

WILLIAM R. TIPPETT W4ZV REPLY COMMENTS

TIMOTHY J. FIEBIG

JOHN S. RIPPEY REPLY

JAMES HERSHEY

STEPHEN L WOLFCALE

RICHARD FOWLER

ALAN J. WORMSER, N5LF

MICHAEL J. LYNESS

MICHAEL DINELLI

MARSHALL G. EMM

BRANDON WHITE, NB5E

DONALD B. CHESTER

HOWARD PARRISH, JR., W4IEO

LEE P. CALLACI

WILLIAM R. TIPPETT

PHILIP E. GALASSO

JAMES E. COOK

SCOTT D. HERNALSTEEN

BRIAN P. BURKE

JIM EVANS

PHILIP LAZAR, K9PL

JEFFREY T. BRIGGS, K1ZM

NEIL J NITZBERG

HANS BRAKOB, K0HB REPLY COMMENT

TIMOTHY J.FIEBIG

STEVEN FISHER

JAMES P. MICCOLIS N2EY

LARRY D CLARK

WAYNE C. KLUSMAN

FREDERICK C. GANTZER

MARK SPATNY KD6JLS

GEORGE J. MCCOUCH

EDWARD P. MURPHY

MICHAEL J BUCKLAEW

GREGORY J. BEAT

JAY D. BERRINGER

ADC TELECOMM AMATEURS K0RT

JOHN S. RIPPEY, W3ULS

ROGER C. ROSE

TOM MILLER

JAMES R. MATHERLY

JOHN M MARCH

EDWARD T. TANTON

JOHN W. HUGHES

KARL J. ZUK

JOHN L. BARBER, N5JB

NICKOLAUS E. LEGGETT

MARK FARR N9MIU

C. K. BRAKOB

JAMES L. BURKE, WT4Q

DONALD YOUNG

HANS BRAKOB, K0HB

RICHARD L. TANNEHILL

THOMAS F. GIELLA

JAMES E. BROMLEY

MARK RICHARDS

KENNETH V. HUDELSON

JOHN P. FLYNN

ROLAND GUIDRY

WILLIAM F. OSLER

PAUL E. CARPENTER

MERRITT W. OLSON

KEN LINDER

ROBERT E. LYDON W3REL

WILLIAM K. MABRY, N4QA

JOHN S. RIPPEY

ROBERT S HARTMAN

DONALD R PUTNICK

RICHARD S MCKEE, KC8AON

STEPHEN A SAGEMAN

RICK MILLER

DONALD L. COLLINSON

JULIO BRITO K6-AVU

KURT A. LUDWIG

PATRICK WINTHEISER

PATRICK E. FREEMAN

ROBERT CASEY

FRANCES J BRADLEY

M CLAY JACKSON

TERRY L. NIXON WB0VQP

EDWIN R. KESSLER

BRIAN R BOWMAN

DANA H. MYERS

ARNIE MACY

RICHARD G. THOMASSON

DONALD E. PULLEN KG4PTE

PAUL A. PASSMAN

ARRL

GEORGE WASHBURN

PAUL GENE HADLEY

MARK SHEFFIELD

THOMAS A. GEIS

BRIAN DAVIS

GILBERTO COMIN

RICHARD J. KRUIS

JOHN ELLIS, NP2B

BRUCE WILKINSON

HANS BRAKOB, K0HB

KEN COUGHLIN

PHYLLISAN WEST

NEIL SCHWANITZ

GREGORY J. SMITH

MICHAEL T. SHELEHEDA

VICTOR GADZIK

LARRY R. FRAVEL

LEROY M. JENNINGS

JEFFREY L. DAVIS, N9AVG

KEN CUBILO

FRANK A. LYNCH

JOHN DEWEY

STEVEN E. MATDA

HAROLD TATE N8FXH

KEVIN MANZER

ROBERT D. MONTGOMERY

FRANK A. TODD, IV, K3EKO

RICK LABANCA

REC NETWORKS - K7REC - RICH EYRE

**RM-10521**

RICHARD L. TANNEHILL

KENTON E. STURDEVANT

DR. MICHAEL C. TRAHOS REPLY COMMENTS

ARRL

DONALD L BYRER

LEROY E. HENDRICKSON

STEVEN E. MATDA, KE4MOB

KENTUCKY MOUNTAINS ARC

OSBORNE

MICHAEL BEATH

CHRIS J. SMITH

JR BYFORD KD5RPU

JAMES A. PIERSON JR. N1SZ

KEN MEYER K9KJM

BJ JENKINS

DANNY L. MUSTEN

TODD RICHARD ELLIS

SUSAN SWIDERSKI

PAUL R. GOODMAN

CHRISTOPHER BRADY

ROBERT S. GORDON

DUANE WHITTINGHAM - N9SSN

ROBERT A. MASTERS

H. ALEX HEDRICK, JR. N8FWL

DONALD L WILLIAMS JR W4VT

JEFFERY S. GRANTHAM

RICHARD LINDER

DR. EUGENE P. KAISER, Ph.D.

STEVEN KARTY

MARK JAMES MULLINS

JAMES MAROLDA

RON CLUSTER - AC7TK

TRIPP OWENS

GEORGE CERMIN - W5GCJ

JAMES EDWIN WHEDBEE

WALTER B. TURNER

WILLIAM H CONAWAY W8HNT

JOSEPH S. GOTTLIEB

BLAIR ALPER

STEPHEN MICHAEL KELLAT

DAVID M. EAKINS

DAN M. KIRBY

CHARLES P. LOCKE

JAMES MOGLE - W0JAG

JOE ZOBKIW - WA2UZO

KEVIN L. BARDON

STEPHEN R. YATES - AA5TB

EDWIN G. DOOLEY, JR.

NICKOLAUS E. LEGGETT

MARTIN CAMPBELL KB0HAE

HANS BRAKOB K0HB

WILLIAM HOLCOMB

CHARLES P. ADKINS

BRAD BAKER

E.R. WIRTH

LEWIS R. LONG

PAUL L. WOMBLE

RICK REICHERT - KF4LM

NEIL JESSEN - N6VHF

WILLIAM TOTH

KRIS MRAZ, N5KM

JOHN R. ROBERTS

STEVEN JAMES ROBESON

PAT MARTINI / KI3P

KAMP DAVID

GERALD CARLBURG K5OKE

TOM SHERWOOD

JOHN P. SLATER, JR.

GEORGE SALZMANN

RONALD RUSS

VERNON L. CASH

JAMES P. WELLMAN KC9AHC

GEORGE WASHBURN

JOSEPH R SEMER

GARY PEARCE

DR. JEFFREY ATWOOD

ROBERT EVINGER

WILLIAM F. GREEN JR.

WAYNE H. THOMPSON

ALLAN KRUGER

JOHN C. BATTLEFIELD

JAMES DAVID HARRIS

BRIAN CATER

THOMAS J. WEIGEL

DANA HOGGATT

MICHAEL JOENS

JERRY OXENDINE

ERNEST HOWARD

JOHN C. LEMAY, JR.

WAYNE C. GREAVES

ROBERT A DAVISSON

THOMAS H. BUSCH WB8WOR

FRANK A. LYNCH, W4FAL

SCOTT F. MIGALDI - K9PO

PAUL W. CAVNAR

CARL SWANSON, K6CRS

DORAN S. PLATT III

ROBERT A. MOREHOUSE

BOB MORROW

ROBERT D. MONTGOMERY K3BM

MARK W. REISING

JOSEPH P. CASTRO

JACOB LAUSER

MICHAEL JANTZEN

MATTHEW J. CASSARINO

FRANKLIN E. BRODY

REC NETWORKS

**RM-10582**

ALEX KNIGHT

JAY URISH

MITCHELL H. MONTGOMERY

MARK R. SMITH

WILLIAM DAVID MONTGOMERY

KEITH A. ZERINGUE

HOWARD W. THORNTON

BARRY JOHNSON

JAMES MAROLDA KE4DRN

WILLIAM H. WEINEL III

KENNETH SLOUGH

STEVEN C. GALLAFENT

HELENE FOWLER

JEFFREY L. KELLER

RUSSELL C. BROWN

RICHARD FOWLER

TERRY W. ROCKHOLD

JAMES BEDIENT

BOB LUKASZEWSKI

DARRELL G. GORDON

JOE PETERSON

ROBERT CLUNN

MICHAEL R. HEEBINK

DAVID CRUSAN

RICHARD B, BLANCHARD, JR,.

C. NORMAN YOUNG

**RM-10620**

DALE E. REICH

DAVID J. MOCK

JOSEPH SPERONI

BRADLEY FARRELL

MELVIN LEHMANN

RICK DUBBS

THORSTEN C. PRUTZ

LARRY W. WHEELER

JOSEPH M. CASEY

CHRISTOPHER THOMAS CASEY

JOHN C. PARKER, K4OAC

JAYSON A. QUILANTAN

GAYLE RUSSELL NORBERG

GEORGE E. HALL

DALE E. REICH

TERRY W. ATKINS

DALE E. REICH - K8AD

TERRY L. WHITE

BRADLEY FARRELL

DALE E. REICH

TOM CRAIG

ROBERT CZEKAJ

DALE E. REICH

WILLIAM J. WILLIAMS, JR.

TIM ISOM

JAMES T. VIELE

D. MICHAEL CEGELSKI

THOMAS N. PARK

LLOYD COLSTON

STEVEN JOACHIM

DALE E. REICH - K8AD

HERBERT SWEET

PAUL S. COURSON, WA3VJB

RICH EYRE, K7REC

DAVID REEDER

JOHN HITE

HOWARD C. BARNES

GEORGE E. BOSWELL

THOMAS N PARK

A. ROBERT PATZLAFF

KAY W. HARGIS

ROBERT B, STREET

WILBERT A NUSSELMAN

ROBERT A SHAFFER JR

GEORGE E. BOSWELL

DAVID A. ORIENTI

BECKETT, JAMES W.

KYLE A. YOKSH

STUBBE JOHN W

DAVID R. MAZZA KB9EI

J. DALTON MCCRARY

CRAIG WM. VAGELL

PAUL J. TOTH

ROBERT CERRETO

KENNETH D. HOPPER

HAROLD E. DAVIS, JR.

WILLIAM E. SCHOLTZ, JR.

EDWIN R. KESSLER

THOMAS CHAMBERS

JOHN R. ROBERTS

KEVIN SCHROEDER KD4TOZ

GERALD R. COLVIN

EARL PAAZIG

MICHAEL D. PRICE

WILMER E. HAAS

JOHN G KUMIEGA

CHARLES COLLIER

JOHN P. SLATER, JR. N4KFT

OLGA KRUGER KC7QMD

FRED E. CAMPBELL W5FAE

PAUL T. MASON

RALSTON CONNELL

KENTON E. STURDEVANT

FRANK TAYLOR SMITH

CHARLES J SPONAUGLE

WILLIAM EWING, WA0KAQ

RAYMOND E. MIKESELL

PHIL HARTZ

LOUIS F. MAAG

RANDY BYNUM

PAUL BRANSZTET

JOSEPH A. RICH

PETRASH, TERRY G

WILLIAM A. BELL

MICHAEL E. VOURNAZOS - KC8GOW

PAUL J. GRAZIANI

CHRISTOPHER TODD

JAMES L HALL/KY1H

BRUCE MULTHUP

MILTON NEVRENCHAN

STEVE FRAASCH, K0SF

EDMUND C. TYNAN

JOHN P. FLYNN

SCOTT LINDSEY-STEVENS

RAYMOND J. GREEN

WILLIAM D. TAYLOR

PAUL D. FEE

JAMES SLEEMAN

WILLIAM M HOPKINS

ROBERT D. GAGE

JAMES OLSON

JONATHAN YOUMANS

ALLAN KRUGER W7ZK

J. B. EDMONDS

DONALD LAMA

MARK ROTHSTEIN, P.E. , KC3JV

ARNOLD G. PETERSON

JOHN M. HOYT / W5UGD

LEWIS W BRUCE

FREDERICK H. WAGNER

DANIEL D. BOGLE

JOHN EDWARD BERRY

R. DON MURRAY

ROBERT COCKREAM AB9EE EXTRA

RON D\'EAU CLAIRE

WILLIAM DEMAIO

JAMES H. DAVIS

HAROLD F. PFANNENSCHMID

PAUL DROTHLER

JOSEPH W. ACKERMANN

ALLAN KRUGER

FRED K. STENGER

JAY K. BELL

MARK A. SKOWRONSKI

RAYMOND R. PICK

RICHARD ANGELIN

LYNDON SMITH

KENNETH V. HUDELSON ARS K0KEN

DALE REICH

DAVID S. MCCALLUM, W7SAC

GLEN E. HAZEN

ROBERT HALSING

RICHARD D MILLER

EDWARD W. GARDNER, KC2BYA

STEVE DRAGER

EDWARD F MUELLER

J DOUGLAS FERGUSON

MARK HORNINGER

DAVID SALT

WEBSTER D. WILLIAMS

ROBERT R KELLER

WILLIAM A MCKAY

MILTON PENDARVIS

PHYLLISAN WEST

WILLIAM J. ROBERTS

GREGORY B. RAUCH

L. D. CARPENTER

ALAN K. UNANGST

GARY STEINBECK

MURRAY GREEN

SCOTTY W. NEUSTADTER

TERRY L. NIXON

ERIC HARLAN CHRISTENSEN, KF4OTN

JOSEPH C. HANNIGAN

KENNETH W. SKINNER

JOSE BERRIOS

JOHNSTON II, TIM E.

BRUCE BRODER

GEORGE D. SCHWAB

MARK RYAN

TOM EVANS

BENJAMIN R. BUNCH KJ7HW

GEORGE B. PEARSE

RAYMOND J. YAKESH K7PIG

DAVID CRUSAN

GLEN EARL ZOOK

STEVEN KARTY

RICHARD P. SULLIVAN

JAMES T. FERRELL N8QOQ

BILL STRICKLAND

BILL GOFF

BARRY B. DIAMOND

WILEY CLARKSON WA5OTR

CHARLES RISTORCELLI

RANDY PERKINSON

THOMAS H. BUSCH WB8WOR

JOHN A. REYNOLDS

CARL R. SWANSON, K6CRS

NATHAN BARGMANN

STEVEN E. MATDA, KE4MOB

WILLIAM HOULNE - WB6BNQ

TIMOTHY S. HAGFORS

STEPHEN MICHAEL KELLAT

**RM-10621**

ARRL, INC.

WILIAM R. HANSELL

JAKE A. SCHAFFNER

JAYSON A. QUILANTAN

D. MICHAEL CEGELSKI

ALLOWAY RICHARD D

NICKOLAUS E. LEGGETT

KYLE A. YOKSH

STEPHEN J. HORAN

GERALD R. COLVIN

MICHAEL D. PRICE

PAUL T. MASON

RANDY BYNUM

HAROLD C. BACON

RANDALL D.MELTON

HOWARD DEFELICE

SCOTT LINDSEY-STEVENS

J. B. EDMONDS

DANIEL D. BOGLE

RICHARD D MILLER ARS K1RDM

J DOUGLAS FERGUSON

TERRY L. NIXON

JAMES EDWIN WHEDBEE

JUSTIN COX

REICH, DALE E. K8AD

STEPHEN MICHAEL KELLAT

**APPENDIX C**

**RULE CHANGES**

Chapter 1 of Title 47 of the Code of Federal Regulations is amended as
follows:

PART 0 -- Commission Organization

The authority citation for part 0 continues to read as follows:

**AUTHORITY: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225,
unless otherwise noted.**

1\. Section 0.131 is amended by revising paragraph (n) to read as
follows:

**§ 0.131 Functions of the Bureau.**

\* \* \* \* \*

\(n\) Administers the Commission\'s amateur radio programs (part 97 of
this chapter) and the issuing of maritime mobile service identities
(MMSIs).

\* \* \* \* \*

Part 97 - Amateur Radio Service

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.**

1\. Section 97.3 is amended by revising paragraph (a)(1) and by removing
and reserving paragraph (a)(17) to read as follows:

**§ 97.3 Definitions.**

\(a\) \* \* \*

\(1\) Amateur operator. A person named in an amateur operator/primary
license station grant on the ULS consolidated licensee database to be
the control operator of an amateur station.

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

2\. Section 97.109 is amended by revising paragraph (d) and removing
paragraph (e) to read as follows:

**§ 97.109 Station control.**

\* \* \* \* \*

\(d\) When a station is being automatically controlled, the control
operator need not be at the control point. Only stations specifically
designated elsewhere in this part may be automatically controlled.
Automatic control must cease upon notification by a District Director
that the station is transmitting improperly or causing harmful
interference to other stations. Automatic control must not be resumed
without prior approval of the District Director.

\* \* \* \*

3\. Section 97.203(h) is redesignated as Section 97.205(h).

4\. Section 97.307 is amended by revising paragraph (d) to read as
follows:

**§ 97.307 Emission standards.**

\* \* \* \* \*

\(d\) For transmitters installed after January 1, 2003, the mean power
of any spurious emission from a station transmitter or external RF power
amplifier transmitting on a frequency below 30 MHz must be at least 43
dB below the mean power of the fundamental emission. For transmitters
installed on or before January 1, 2003, the mean power of any spurious
emission from a station transmitter or external RF power amplifier
transmitting on a frequency below 30 MHz must not exceed 50 mW and must
be at least 40 dB below the mean power of the fundamental emission. For
a transmitter of mean power less than 5 W installed on or before January
1, 2003, the attenuation must be at least 30 dB. A transmitter built
before April 15, 1977, or first marketed before January 1, 1978, is
exempt from this requirement.

\* \* \* \* \*

5\. Section 97.505 is amended by revising paragraph (a)(9) to read as
follows:

**§ 97.505 Element credit.**

\(a\) \* \* \*

(9) An expired FCC-issued Technician Class operator license document
    granted before February 14, 1991: Element 1.

\* \* \* \* \*

6\. Section 97.507 is amended by revising paragraph (a)(2) to read as
follows:

**§ 97.507 Preparing an examination.**

\(a\) \* \* \*

\(2\) Elements 1 and 2: Advanced or General Class operators.

\* \* \* \* \*

[^1]: *See* 47 C.F.R. Part 97.

[^2]: *See* Kenwood Communications Corporation, Inc., Petition for
    Rulemaking (filed May 1, 2001) (Kenwood Petition); Mr. Jeffery T.
    Briggs and Mr. William R. Tippett II, Petition for Rulemaking (filed
    Sep. 10, 2001) (160 m Petition); The Quarter Century Wireless
    Association, Inc., Petition for Rulemaking (filed Dec. 17, 2001)
    (QCWA Petition); Mr. John S. Rippey, Petition for Rulemaking (filed
    Dec. 27, 2001) (Rippey Petition); NASA John H. Glenn Research Center
    Amateur Radio Club, Petition for Rulemaking (filed Dec. 27, 2001)
    (Glenn Petition); Mr. Nickolas E. Leggett, Petition for Rulemaking
    (filed Feb. 11, 2002) (Leggett Petition); American Radio Relay
    League, Inc., Petition for Rulemaking (filed Mar. 22, 2002) (ARRL
    Petition); Mr. Robert H. Birdsey, Petition for Rulemaking (filed
    Mar. 19, 2002) (Birdsey Petition); Dr. Michael C. Trahos, Petition
    for Rulemaking (filed Jan. 2, 2002) (Trahos Petition); Messers.
    Marvin W. Edwards, Frank A. Lynch, and C. Norman Young, Jr.,
    Petition for Rulemaking (filed Sep. 10, 2002) (Edwards Petition);
    Radio Amateur Satellite Corporation, Petition For Rule Making (filed
    Dec. 2, 2002) (AMSAT Petition); Mr. John J. Elengo, Petition for
    Rulemaking (filed Apr. 11, 2002) (Elengo Petition); Mr. Bob Sherin,
    Notice of Inquiry (filed Jan. 30, 2003) (Sherin Petition); Mr.
    Phillip E. Galasso, Petition For Rule Making (filed Feb. 12, 2003);
    Mr. Dale E. Reich, Petition For Rule's Change (filed Nov. 14, 2002);
    Mr. Dale E. Reich, Petition For Rule Change (filed Dec. 4, 2002);
    Mr. Dale E. Reich, Petition For Rule Change (filed Dec. 10, 2002);
    Mr. Jonathan S. Gunn, Petition For Rule Making (filed Jan. 22, 2003)
    (Gunn Petition); Mr. Mark Miller, Petition For Rule Making (filed
    Feb. 25, 2003) (Miller Petition); Mr. Peter Chadwick, April 9, 2001
    e-mail "ITU-R Recommendation SM.329" (Chadwick Request).

[^3]: *See* Kenwood Petition, 160 m Petition, ARRL Petition, Rippey
    Petition.

[^4]: *See* Glenn Petition, Birdsey Petition, Elengo Petition, Gunn
    Petition, Galasso Petition, Sherin Petition.

[^5]: *See* ARRL Petition, QCWA Petition, Edwards Petition.

[^6]: *See* Reich Petition (Nov. 14, 2002), Reich Petition (Dec. 4,
    2002).

[^7]: *See* *Final Acts of the World Radiocommunication Conference
    (WRC-97*), Geneva, 1997, and *Final Acts of the World
    Radiocommunication Conference (WRC-2000*), Istanbul, 2000, (*Radio
    Regulations);* Chadwick Request.

[^8]: In the amateur service, "operating privileges" generally refer to
    the frequency bands available to the control operator of an amateur
    station and to the emission types an amateur station may transmit.

[^9]: *See* 47 C.F.R. §§ 2.1(c), 97.3(a)(4).

[^10]: *See* 47 C.F.R. § 97.1. The purpose of the amateur service
    includes recognition and enhancement of the value of the amateur
    service to the public as a voluntary noncommercial communications
    service, continuation of the amateur's proven ability to contribute
    to the advancement of the radio art; expansion of the existing
    reservoir of trained operators, technicians, and electronic experts;
    and continuation of the amateur's unique ability to enhance
    international goodwill. 47 C.F.R. § 97.1(a)-(e).

[^11]: *See* 47 U.S.C. § 153(2); 47 C.F.R. §§ 2.1(c), 97.3(a)(4),
    97.113.

[^12]: *See* 47 C.F.R. § 97.1.

[^13]: *See* 47 C.F.R. § 97.111(a)(1).

[^14]: *See* 47 C.F.R. § 97.401.

[^15]: *See Radio Regulation* S25.6.

[^16]: *See* Amendment of Part 12, Rules Governing Amateur Radio
    Service, Docket 9295, *Report and Order*, 42 FCC 198 (1951) (*1951
    License Structure Decision)*. At that time, the Commission converted
    the three classes of amateur service operator licenses, the Class A,
    B, and C operator licenses, to the Advanced Class and the General or
    Conditional Class operator licenses, respectively. The *1951 License
    Structure Decision* added the Novice, Technician, and Amateur Extra
    operator licenses classes to the amateur service license structure.
    After adoption of the *1951 License Structure Decision*, the amateur
    service operator license classes, in ascending order of frequency
    privileges, were: Novice, Technician, Conditional and General,
    Advanced, and Amateur Extra Class.

[^17]: The Commission added a sixth operator license, the Technician
    Plus Class operator license, in 1994. *See* Amendment of the Amateur
    Service Rules to Change Procedures for Filing an Amateur Service
    License Application and to Make Other Procedural Changes, *Order*, 9
    FCC Rcd 6111 (1994).

[^18]: *See* 47 C.F.R. § 97.301.

[^19]: *See* 1998 Biennial Regulatory Review \-- Amendment of Part 97 of
    the Commission\'s Amateur Service Rules, *Report and Order,* WT
    Docket No. 98-143, 15 FCC Rcd 315, 316 ¶ 3 (1999) (*License
    Restructure Report and Order)*, which reduced to three the number of
    amateur service operator licenses for which an individual may
    qualify (the Technician Class, General Class, and Amateur Extra
    Class operator licenses) and reduced the number of examination
    elements from eight to four.

[^20]: *See* 47 C.F.R. §§ 97.301, 97.305.

[^21]: *See License Restructure Report and Order*, 15 FCC Rcd at 325 ¶
    17.

[^22]: *See id.*

[^23]: *See* 47 C.F.R. § 97.301.

[^24]: *See* 47 C.F.R. § 97.9(a).

[^25]: *See id.*

[^26]: Technician Class licensees who have received credit for passing a
    Morse code examination are known within the amateur service
    community as "Technician Plus" Class licensees.

[^27]: We define a CW emission as International Morse code telegraphy
    emissions having certain emission designators. *See* 47 C.F.R. §
    97.3(c)(1).

[^28]: 47 C.F.R. § 97.301(e).

[^29]: 47 C.F.R. § 97.301(d).

[^30]: 47 C.F.R. § 97.301(c).

[^31]: 47 C.F.R. § 97.301(b). All frequency segments refer to ITU Region
    2 authorizations.

[^32]: The MF amateur service bands are between 300 kHz and 3,000 kHz.
    The HF amateur service bands are between 3000 kHz and 30,000 kHz.
    The VHF amateur service bands are between 30 MHz and 300 MHz. *See*
    47 C.F.R. § 2.101.

[^33]: *See* ARRL Petition at 5.

[^34]: *See id.* at 6-8.

[^35]: *See id.* at 7.

[^36]: *See id.* at 7.

[^37]: *See id.* at 9.

[^38]: *See id.* at 5.

[^39]: *See* ARRL Petition at 8. The ARRL explains that Novice Class and
    these Technician Class operators would be precluded from
    transmitting in segments of these bands where General, Advanced and
    Amateur Extra Class Licensees are authorized to transmit a phone
    emission. *Id.*

[^40]: *See id.* at 12.

[^41]: *See* ARRL Petition at 9-12.

[^42]: *See* ARRL Petition at 9-12.

[^43]: *See* ARRL Petition at 9-12.

[^44]: *See, e.g.,* Richard Fowler Comments at 1, William R. Tippett
    Comments at 1, Jeffery T. Briggs Comments at 1, Neil J. Nitzberg
    Comments at 1, Wayne C. Klusman Comments at 1, Frederick C. Gantzer
    Comments at 1, Ed Murphy Comments at 1, Thomas F. Giella Comments at
    1, William R. Tippett Reply Comments at 1.

[^45]: *See, e.g.,* Kenneth V. Hudelson Comments at 1*,* Timothy J.
    Fiebig Reply Comments at 1, Robert S. Hartman Comments at 1, Mark
    Richards Comments at 1, Patrick E. Freeman Comments at 1.

[^46]: *See, e.g.,* Donald B. Chester Comments at 2, Alan J. Wormser
    Comments at 1, Howard Parrish, Jr., Comments at 1, John L. Barber
    Comments at 1, James l. Burke Comments at 1.

[^47]: *See, e.g.,* Timothy J. Fiebig Comments at 3, Scott D.
    Hernalsteen Comments at 1, Brian P. Burke Comments at 2, Timothy J.
    Fiebig Reply Comments at 2, Hans Brakob Reply Comments at 1, ADC
    Telecommunications Amateur Radio Club Reply Comments at 1, Mark
    Spatny Comments at 1, Nickolaus E. Leggett Comments at 1, C. K.
    Brakob Comments at 1.

[^48]: *See* James Miccolis Comments of at 1.

[^49]: *See, e.g.,* Alan J. Wormser Comments at 1, Jim Evans Comments at
    1, William F. Osler Comments at 1.

[^50]: *See* Donald B. Chester Comments at 1-2, Philip E. Galasso
    Comments at 1.

[^51]: *See* William R. Tippett Reply Comments at 1, John S. Rippey
    Reply Comments at 1.

[^52]: *See, e.g.,* Mark Farr Comments at 1, Merritt W. Olson Comments
    at 1, Ken Cubilo Comments at 1.

[^53]: *See* Brandon White Comments at 1, William K. Mebry Comments at
    1.

[^54]: *See, e.g.,* Mark Spatny Comments at 1, Nickolaus E. Leggett
    Comments at 1, C. K. Brakob Comments at 1.

[^55]: *See* James Miccolis Comments at 1.

[^56]: *See, e.g.,* Stephen L. Wolfcale Comments at 1, Michael Dinelli
    Comments at 1, Edwin R. Kessler Comments at 1.

[^57]: *See* Donald R. Putnick Comments at 1, John P. Flynn Comments at
    1.

[^58]: *See id.* at 7.

[^59]: *See id.* at 6, n.3.

[^60]: *See* Mr. John S. Rippey Petition For Rule Making at 9 (filed
    Dec. 27, 2001) (Rippey Petition).

[^61]: The petition requests the Commission to authorize Novice and
    Technician Plus Class amateur service licensees telegraphy
    privileges in the 3650-3750 kHz, 7050-7150 kHz, 10.110-10.130 MHz,
    18.080-18.168 MHz, 21.050-21.200 MHz, 24.900-24.930 MHz,
    28.060-28.500 MHz frequency segments, and phone privileges in the
    18.100-18.168 MHz and 24.930-24.990 MHz frequency segments, in
    addition to the phone and RTTY/Data privileges currently authorized
    in the 10 m amateur service band. The Rippey Petition was placed on
    *Public Notice* on January 8, 2002. *See Public Notice,* Report No.
    2522 (rel. Jan. 8, 2002). A list of commenters is presented in
    Appendix B.

[^62]: *See* Rippey Petition at 6.

[^63]: *See id.*

[^64]: *See, e.g.,* Alan J. Wormser Comments at 1, Paul Carpenter
    Comments at 1, Michael J. Lyness Comments at 1.

[^65]: *See,* *e.g.,* Mike Mello Comments at 1, Hans Brakob Comments at
    1.

[^66]: *See, e.g.,* Jay Jenkins Comments at 1, Michael H. Lajoie
    Comments at 1, David M. Colburn Comments at 1, William R. Eaton
    Comments at 1.

[^67]: *See, e.g.,* James May Comments at 1.

[^68]: *See, e.g.,* Dew McCarsky Comments at 1.

[^69]: We note that a person who either holds or has held either of
    these operator licenses receives credit for the five words per
    minute telegraphy examination after passing an examination for a
    General or Amateur Extra Class operator license.

[^70]: Between September 30, 1997 and May 1, 2003, the number of Novice
    Class licensees declined from 65,142 to 34,666, and the number of
    Technician Plus Class licensees declined from 138,078 to 69,362.
    *See* The W5YI Report, July 15, 1999 at 8; June 1, 2003, at 8.
    Current licensing statistics are available at
    <http://WWW.AH0A.ORG/FCC/Licenses.html>. On the basis of the trends
    in this data, we are persuaded that licensees who hold Novice or
    Technician Plus Class operator licenses are either choosing to not
    renew their licenses or are using the telegraphy element examination
    credit provided in 47 C.F.R. § 97.505(a) to increase their operator
    privileges to General Class or Amateur Extra Class operator
    privileges.

[^71]: We note that the ARRL, the National Association for Amateur
    Radio, requests a significant expansion of frequency privileges for
    Novice and Technician Plus Class licensees as part of a
    comprehensive restructuring of operating privileges it has proposed.
    *See* paras. 7-11, *infra*.

[^72]: *See* Mark Miller Petition For Rule Making at 1 (filed Feb. 25,
    2003) (Miller Petition).

[^73]: *See id.*

[^74]: Emission type F2C (FAX) is an image emission type in the amateur
    service. *See* 47 C.F.R. § 97.3(c)(3).

[^75]: *See* Miller Petition at 1.

[^76]: *See id.* This system is commonly referred to as the Hellschriber
    system and uses emission type A1C, which also is an image emission
    type.

[^77]: *See id.* at 1-2.

[^78]: *See id.*

[^79]: *See id.* at 2.

[^80]: 47 C.F.R. § 97.1(b).

[^81]: *See* 47 C.F.R. § 97.305(c).

[^82]: *See* 47 C.F.R. §§ 2.201, 2.202 for the rules that apply to
    emissions.

[^83]: *See* 47 C.F.R. § 97.3(a)(31). A "message forwarding system" is a
    voluntary amateur station arrangement whereby communications are
    sent from the control operator of an originating station to the
    control operator of one or more destination stations by one or more
    forwarding stations. Examples of message forwarding systems in the
    amateur service include linked repeater systems and packet radio
    message forwarding systems.

[^84]: *See* 47 C.F.R. § 97.3(a)(7).

[^85]: *See* 47 C.F.R. § 97.213(a).

[^86]: *See* 47 C.F.R. § 97.3(a)(41). "Telecommand," or remote control,
    is a one‑way transmission to initiate, modify or terminate functions
    of a device at a distance.

[^87]: *See* 47 C.F.R. § 97.105. The control operator ensures proper
    operation of the station in accordance with the privileges
    authorized in the license.

[^88]: *See* 47 C.F.R. § 97.213(a).

[^89]: *See* 47 C.F.R. § 97.201(b). Auxiliary stations do not have
    authorization to use the 219-220 MHz, 222.000-222.150 MHz, 431-433
    MHz and 435-438 MHz frequency segments.

[^90]: "Harmful interference" is interference which endangers the
    functioning of a radionavigation service or of other safety services
    or seriously degrades, obstructs, or repeatedly interrupts a
    radiocommunication service operating in accordance with the ITU
    *Radio Regulations*. *See* 47 C.F.R. § 2.1.

[^91]: "Weak signal" communications are primarily Morse code telegraphy
    and single sideband voice messages transmitted over very long
    distances in the Very High Frequency (VHF) and Ultra High Frequency
    (UHF) amateur service bands.

[^92]: *See* Deregulation of Part 97 of the Commission's Rules to
    Simplify the Licensing and Operation of Complex Systems of Stations
    and Modify Repeater Subbands in the Amateur Radio Service, *Report
    and Order*, Docket No. 21033, 66 FCC 2d 207, 215 ¶ 6 (1977). In
    1986, the Commission reaffirmed this interference-minimization
    approach by rejecting a proposal to eliminate the frequency
    restrictions applicable to auxiliary stations. *See* Amendment of
    the Amateur Service Rules to Allow Auxiliary Operation on All
    Amateur Service Frequencies, except 431-433 MHz and 435-438 MHz,
    *Order,* 51 Fed. Reg. 11759, 11760 ¶ 4 (1986).

[^93]: Kenwood's "Sky Command system" permits amateur service licensees
    who do not have sufficient space for HF antennas, or who live in
    areas with restrictive covenants, to operate their HF equipment at
    remote locations through the use of VHF and UHF channels.

[^94]: *See* Kenwood Communications Corp. Request for Declaratory Ruling
    or Waiver of Applicable Rule Sections (filed Nov. 4, 1999) (Kenwood
    Request).

[^95]: *See* Kenwood Request at 9.

[^96]: *See* Kenwood Communications Corp. Request for Declaratory Ruling
    to Determine Compliance With Applicable Sections of Part 97 of the
    Commission's Rules or Waiver of Applicable Rule Sections, *Order*,
    15 FCC Rcd 13819, 13821 ¶ 8 and 13824 ¶ 14 (2000).

[^97]: *See* Kenwood Petition at 1. The Kenwood petition was placed on
    public notice on October 19, 2001. *See* Public Notice, Report No.
    2507 (rel. Oct 19, 2001). A list of commenters is presented in
    Appendix B.

[^98]: *See id*.

[^99]: *See, e.g.*, Richard C. Baum Comments at 1, Scott Honaker
    Comments at 1, Rodger Alexander Comments at 1, Kenneth Richards
    Comments at 1, Brian Badger Comments at 1, Martin S. Wilcoxson
    Comments at 1, Doug Young Comments at 1, Gary P. Standorf Comments
    at 1.

[^100]: *See* Brad Bollinger Comments at 1.

[^101]: *See* Ron Karger Comments at 1, John McAuley Comments at 1.
    "Simplex communications" are direct, or on-channel,
    station-to-station communications.

[^102]: *See e.g.,* Rodger Alexander Comments at 1, Brian Badger
    Comments at 1, Greg Peralta Comments at 1, Timothy P. Dugan, Jr.
    Comments at 1, Richard Illman Comments at 1.

[^103]: The frequency range from 3,000 kHz to 30,000 kHz is denoted as
    HF. *See* 47 C.F.R. § 2.101. In the metric system, it is called the
    shortwave range and, expressed in wavelengths, it lies between 100
    meters and 10 meters. Thus, the amateur service bands between 3,000
    kHz and 30,000 kHz are also known as shortwave bands.

[^104]: *See, e.g.,* James Rick Sohl Comments at 1.

[^105]: *See, e.g.,* Robert Koerner Comments of at 1, Richard Illman
    Comments at 1.

[^106]: *See, e.g.,* Kenneth Richards Comments at 1, Greg Peralta
    Comments at 1.

[^107]: *See, e.g.,* William J. Gallager Comments at 1, Richard M.
    Winter Comments at 1, Nickolaus E. Leggett Comments at 1, Steven
    James Robeson Comments at 1, D. Platt Comments at 1, Thomas E. Walsh
    Comments at 1, R. Merhar Comments at 1.

[^108]: *See, e.g.,* William J. Gallager Comments at 1, D. Platt
    Comments at 1, Robert Mitileri Comments at 1.

[^109]: *See, e.g.,* Steven James Robeson Comments at 1, Matthew W.
    Sadler Comments at 1, Philip Karras Comments of at 1, W. Lee McVey
    Reply Comments at 2.

[^110]: *See*, *e.g.,* Mr. Galasso Comments at 2.

[^111]: *See, e.g.,* Leonard J. Umina Comments at 1, Robert Fuller
    Comments at 1.

[^112]: This prohibition was adopted as a means to minimize the
    possibility of harmful interference to other amateur service
    stations and operations in the 2 m band.

[^113]: *See* 47 C.F.R. § 97.203 (d).

[^114]: *See* 47 C.F.R. § 97.207 (c).

[^115]: *See* 47 C.F.R. § 97.207 (b).

[^116]: *See* [The ARRL's FCC Rule Book]{.underline}, (John Hennessee et
    al. eds.) 4-14, 4-15 (2000) (discussion of the 2 m voluntary band
    plan).

[^117]: *See* 47 C.F.R. § 97.201(b).

[^118]: *See* 47 C.F.R. § 97.305(c).

[^119]: *See* ARRL Petition at 13.

[^120]: *See id.* at 14. The 222-225 MHz frequency segment is part of
    the 1.25 m amateur service band.

[^121]: *See* ARRL Petition at 14.

[^122]: *See* Amendment of the Amateur Service Rules to Provide For
    Greater Use of Spread Spectrum Communication Technologies, *Report
    and Order*, WT Docket No. 97-12, 64 Fed. Reg. 51471 (Sep. 23, 1999).

[^123]: *See* ARRL Petition at 13.

[^124]: *See id.* at 13-14.

[^125]: *See id.* at 14.

[^126]: *See* 47 C.F.R. § 97.311.

[^127]: *See* ARRL Petition at 14.

[^128]: *See* Frank A. Lynch Comments at 1.

[^129]: *See* Rich Eyre-Eagles Comments at 1.

[^130]: *See* Amendment of Parts 2 and 97 of the Commission\'s Rules and
    Regulations to authorize spread spectrum techniques in the Amateur
    Radio Service, *Report and Order* GEN. Docket No. 81-414, 99 FCC 2d
    1432 (1985). The text of the *Report and Order* was printed at 50
    Fed. Reg. 23423 (1985).

[^131]: *See* 50 Fed. Reg. 23424 ¶ 5

[^132]: *See* 47 C.F.R. § 97.1.

[^133]: *See* 47 C.F.R. § 97.311.

[^134]: The 6 m band is the 50-54 MHz frequency segment.

[^135]: The 2 m band is the 144-148 MHz frequency segment.

[^136]: *See* 47 C.F.R. § 97.311.

[^137]: The 160 m band is the 1800-2000 kHz frequency segment.

[^138]: The frequency range from 300 kHz to 3,000 kHz is denoted as MF.
    *See* 47 C.F.R. § 2.101. In the metric system, this range is
    referred to as the medium frequency range and, expressed in
    wavelengths, lies between 1000 m and 100 m. Thus, the amateur
    service band between 1800 kHz and 2000 kHz is an MF band.

[^139]: *See* 47 C.F.R. § 97.301(b).

[^140]: *See* Steve Ireland, Mike Bazley, and Bob Brown, *Equinoctial
    and Diurnal Path Switching*, CQ Magazine, Feb. 2002 at 22-28, and
    Mar. 2002 at 24-29.

[^141]: *See* Steve Ireland, *Go Surf the Grey and Dark Lines*, CQ
    Magazine, Feb. 2001 at 38-41, and Mar. 2001 at 28-30. On the 160 m
    band, long-distance communications also are likely to occur during
    the "grey line" period, immediately before or after sunrise or
    sunset.

[^142]: *See* 47 C.F.R. § 97.305(c).

[^143]: *See id*.

[^144]: *See* [The ARRL's FCC Rule Book]{.underline}, (John Hennessee et
    al. eds.) 4-3 (2000).

[^145]: *See* [The FCC Rule Book]{.underline}, (Rick Palm et al. eds.)
    5-4 (1993); *see also*
    <http://www.arrl.org/announce/reports-0107/160-meter.html>.

[^146]: *See*
    <http://www.arrl.org/announce/reports-0107/160-meter.html>.

[^147]: *See*
    <http://www.arrl.org/announce/reports-0107/160-meter.html>.

[^148]: *See* <http://www.arrl.org/announce/board-0107/> at para. 57.

[^149]: *See* Jeffery T. Briggs, K1ZM and William R. Tippett II, W4ZV
    Petition For Rule Making at 1 (filed Sep. 10, 2001) (160 m
    Petition). The 160 m Petition was placed on *Public Notice* on
    January 8, 2002. *See* *Public Notice,* Report No. 2522 (rel. Jan.
    8, 2002). A list of commenters is presented in Appendix B. The terms
    "wideband" and "narrowband" are not used in the rules to describe
    different emission groups.

[^150]: *See* 160 m Petition*,* Appendix at 3.

[^151]: *See id.*

[^152]: *See id.* at 1, Appendix at 6-7.

[^153]: *See id.,* Appendix at 3.

[^154]: *See id*., Appendix at 4.

[^155]: *See, e.g.*, M. Robin Critchell Comments at 1, Scott Hudler
    Comments at 1, Steve Ireland Comments at 1, James Cook Comments at
    1, George H. Hippisley Comment at 1, Joseph T. Subich Reply Comments
    at 1.

[^156]: *See, e.g.*, Scott Jones Comments at 1, Henry Perras Comments at
    1, Ken Caruso Comments at 1, Greg Smith ZL3IX Comments at 1, Kurt
    Pauer Comments at 1, Jerry Houinar K5YAA Comments at 1, G3OIT
    Comment at 1, Tom Rauch W8JI Comments at 1.

[^157]: *See, e.g.*, Charles Rauch Comments at 1, Bill Kennamar Comments
    at 1, M. Robin Critchell Comments at 1, Eric Scace Comments at 2,
    Anthony B. McClenny, Jr., W3UR Comments at 1, Joseph T. Subich Reply
    Comments at 1, Jeffery A. Maass Reply Comment at 1.

[^158]: *See, e.g.*, M. Robin Critchell Comments at 2, Melvin Lehmann
    Comments at 1, Leo Drescher Comments at 1, Gary A. Breed K9AY
    Comments at 1, J. Jorgensen Comments at 1.

[^159]: *See, e.g.*, Paul S. Courson Comments at 1, David Humbertson
    Comments at 1, Robert Tiller Comment at 1, Louis Cruz Comments at 1.

[^160]: *See, e.g.*, Art Pightling Comments at 1, Warren H. Ziegler, Jr.
    Comments at 1.

[^161]: *See, e.g.*, Art Pightling Comments at 1, Owen Mitchell Comments
    at 1, M. Taylor Comments at 1.

[^162]: *See, e.g.*, David Humbertson Comments at 1, James H. Young
    Comments at 1.

[^163]: *See, e.g.* Mr. Cowart Comments at 1, Warren H. Ziegler, Jr.
    Comments at 1, Ralph L. Duvall, Jr. Comments at 1, David Calhoun
    Comment at 1, R.A. Walls Comment at 1, M. Sawyer Comment at 1, Roger
    Johnson Comment at 1, Richard Wilder K3DI Comments at 1-2, Y. A.
    Feder W1UX Comment at 1.

[^164]: *See* Compliance With Applicable Voluntary Band Plans in the
    Amateur Radio Service, *Order*, 14 FCC Rcd 20595 (1999) (*Order*).

[^165]: *See* American Radio Relay League, Inc., Request for Declaratory
    Ruling (filed Apr. 3, 1998) at 1.

[^166]: *See Order,* 14 FCC Rcd 20595. *See also* 47 C.F.R. § 97.101(b).

[^167]: *See Order,* 14 FCC Rcd 20595.

[^168]: *See* *Order*, 14 FCC Rcd at 20604 ¶ 18.

[^169]: *See* *Order*, 14 FCC Rcd at 20603 ¶ 17.

[^170]: 160 m Petition, Appendix 1.

[^171]: *See, e.g.,* <http://www.rsgbhfcc.org/> and
    http://www.cq-amateur-radio.com/awards.html. We note, for example,
    that the "Islands On The Air" contest rules prohibit operation on
    the 3560--3600 kHz, 3650-3700 kHz, 14060-14125 kHz and 14300-14350
    kHz frequency segments, thereby mitigating impact of the contest on
    users of the 80- and 20 m amateur service bands.

[^172]: *See* *Order*, 14 FCC Rcd at 20604 ¶ 19.

[^173]: 47 C.F.R. § 97.113(a) (1992).

[^174]: *See* Amendment of Part 97 of the Commission\'s Rules to Relax
    Restrictions on the Scope of Permissible Communications in the
    Amateur Service, PR Docket No. 92-136, *Permissible Communications
    Report and Order*, 8 FCC Rcd 5072 (1993). *See also*, Reorganization
    and Deregulation of Part 97 of the Rules Governing the Amateur Radio
    Service, PR Docket No. 88-139, *Report and Order*, 4 FCC Rcd 4719,
    5073 ¶ 7 (1989).

[^175]: *See* 47 C.F.R. § 97.113(e). *See also* Amendment of Part 97 of
    the Commission\'s Rules to Relax Restrictions on the Scope of
    Permissible Communications in the Amateur Service, PR Docket No.
    92-136, *Permissible Communications Report and Order*, 8 FCC Rcd
    5072 (1993).

[^176]: We note that our Rules were revised to allow retransmission of
    space shuttle message prior to the development of the ISS. *See*
    Reorganization and Deregulation of Part 97 of the Rules Governing
    the Amateur Radio Service, PR Docket No. 88-139, *Report and Order*,
    4 FCC Rcd at 5073 ¶ 7.

[^177]: *See* NASA John H. Glenn Research Center Amateur Radio Club
    Petition For Rule Making at 2 (filed Apr. 12, 2001) (Glenn
    Petition). The Glenn Petition was placed on public notice on January
    8, 2002. *See* *Public Notice*, Report No. 2522 (rel. Jan. 8, 2002).
    A list of these commenters is presented in Appendix B

[^178]: *See id.* at 1.

[^179]: *See id.*

[^180]: *See id.* at 2.

[^181]: *See id.*

[^182]: *See* Matt Gilbert Comment at 1.

[^183]: *See* Scott Lindsey-Stevens Comment at 1.

[^184]: *See* James M. May Comment at 1.

[^185]: *See, e.g.,* John C. Holliman Comment at 1, John L. Gafford
    Comment at 1, John Chamberlin Comment at 1, David Duke Comment at 1,
    Matt Gilbert Comment at 1.

[^186]: *See, e.g.,* Harold Tate Comment at 1.

[^187]: *See, e.g.,* Keith E. Wyatt Comment at 1.

[^188]: *See, e.g.,* Dr. David M. Colburn Comment at 1.

[^189]: *See* 47 C.F.R. § 97.101(d).

[^190]: *See* 47 C.F.R. § 97.113(b).

[^191]: *See* n.175, *supra*.

[^192]: Section 97.113(a)(4) of the Commission's Rules generally
    prohibits an amateur station from transmitting music using a phone
    emission; communications intended to facilitate a criminal act;
    messages in codes or ciphers intended to obscure the message's
    meaning; obscene or indecent words or language; or false or
    deceptive messages, signals or identification.

[^193]: Section 97.113(b) of the Commission's Rules generally prohibits
    an amateur station from engaging in any form of broadcasting or
    program production or news gathering activities for broadcasting
    purposes, except communications directly related to the immediate
    safety of human life or the protection of property where no other
    means of communication is available.

[^194]: *See* Robert H. Birdsey Petition For Rule Making at 1 (filed
    Feb. 20, 2002) (Birdsey Petition). The petition was placed on public
    notice on July 3, 2002. *See* *Public Notice*, Report No. 2561(rel.
    Jul. 3, 2002). No comments were received.

[^195]: *See id.*

[^196]: *See* 47 C.F.R. § 97.3(a)(10). *See also* 47 C.F.R. § 2.1(c).

[^197]: *See id.*

[^198]: 47 C.F.R. § 97.111(b).

[^199]: 47 C.F.R. § 97.113(b). *See also,* Reorganization and
    Deregulation of Part 97 of the Rules Governing the Amateur Radio
    Service, PR Docket No. 88-139, *Report and Order*, 4 FCC Rcd 4719
    (1989).

[^200]: 47 C.F.R. § 97.3(a)(10).

[^201]: 47 C.F.R. § 97.111(b)(6).

[^202]: 47 C.F.R. § 97.3(c)(9).

[^203]: 47 C.F.R. § 97.3(c)(1).

[^204]: 47 C.F.R. § 97.3(c)(2).

[^205]: *See* para. 4, *supra*. *See also,* 47 C.F.R. § 2.1(c) for the
    definitions of the amateur service and broadcasting service.

[^206]: *See* 47 C.F.R. § 97.111(b)(5).

[^207]: *See* 47 C.F.R. § 97.111(b)(6). An information bulletin is a
    message directed only to amateur operators consisting of subject
    matter solely directed to the amateur service. *See* 47 C.F.R. §
    97.3(a)(26).

[^208]: *See* John J. Elengo Petition For Rule Making at 1 (filed Mar.
    18, 2002) (Elengo Petition).

[^209]: *See id.,* citing the AARA's occasional use of a talk show
    format similar to that used by broadcast stations.

[^210]: *See id.* at 3. Petitioner states that information bulletins can
    be distributed via readily obtainable and periodically printed
    publications and via the internet.

[^211]: *See* Jonathan S. Gunn Petition For Rule Making at 2 (filed Jan.
    22, 2003) (Gunn Petition).

[^212]: *See id.*

[^213]: *See id.* at 2.

[^214]: *See id.*

[^215]: *See id.* at 1.

[^216]: *See id.*

[^217]: *See* Bob Sherin Notice of Inquiry at 1 (filed Jan. 30, 2003)
    (Sherin Petition).

[^218]: *See id.*

[^219]: *See id.*

[^220]: *See* Phillip E. Galasso Petition For Rule Making at 3 (filed
    Feb. 12, 2003) (Glasso Petition).

[^221]: *See id.* at 2.

[^222]: *See id.* at 2-3.

[^223]: *See id.* at 3.

[^224]: *See* 47 C.F.R. § 97.3(a)(26).

[^225]: *See* Petition to Amend Section 97.113(d)(2) of the Commission's
    Rules to Impose a Time Limit on Information Bulletins, *Order*, 3
    FCC Rcd 1859 (1988)*.*

[^226]: *See id*.

[^227]: *See id*.

[^228]: For example, these restrictions would prohibit a station from
    transmitting brief but frequent one-way messages concerning
    tornadoes, hurricanes and floods. These restrictions would also
    prohibit an amateur station from transmitting brief (but more than
    once every two hours) information bulletin messages that other
    amateur stations desire to receive, such as timely notifications of
    another station's frequency and scheduled on-air operation.

[^229]: *See e.g.*, DX Summit at <http://oh2aq.kolumbus.com/dxs/>.

[^230]: The relative may be a spouse, child, grandchild, stepchild,
    parent, grandparent, stepparent, brother, sister, stepbrother,
    stepsister, aunt, uncle, niece, nephew, or in-law of the deceased
    licensee. *See* 47 C.F.R. § 97.19(c)(3).

[^231]: *See id.*

[^232]: *See* Quarter Century Wireless Association, Inc. Petition For
    Rule Making (filed Oct. 26, 2001) (QCWA Petition). The QCWA Petition
    was placed on public notice on January 8, 2002. *See* *Public
    Notice*, Report No. 2522 (rel. Jan. 8, 2002). A list of commenters
    is presented in Appendix B.

[^233]: *See id.* at 2-3.

[^234]: *See id.* at 1.

[^235]: *See id.* at 3.

[^236]: *See id.* at 4.

[^237]: *See, e.g.,* Dave Bowker Comments at 1, Jeffery Goodnuff
    Comments at 1, Sam R. Kelly Comments at 1, Collin Dvork Comments at
    1.

[^238]: Dave Bowker Comments at 1, Jeffery Goodnuff Comments at 1.

[^239]: *See, e.g.,* Harold Tate Comments at 1, Steven E. Matda Comments
    at 1.

[^240]: *See, e.g.,* Ken Alan Comments at 1.

[^241]: *See, e.g.,* Steve Bryant Comments at 1.

[^242]: *See* Amendment of the Amateur Service Rules to Implement a
    Vanity Call Sign System, *Report and Order*, 10 FCC Rcd 1039, 1039 ¶
    4 (1995).

[^243]: *See* 47 C.F.R. § 97.19(b).

[^244]: *See* 47 C.F.R. § 97.3(a)(11).

[^245]: *See* 47 C.F.R. § 1.913.

[^246]: *See* Marvin W. Edwards, Frank A. Lynch, C. Norman Young, Jr.,
    Petition For Rule Making at 1 (filed Sept. 10, 2002) (Edwards
    Petition). The Edwards Petition was placed on public notice on
    September 27, 2002. *See* *Public Notice*, Report No. 2578 (rel.
    Sept. 27, 2002).

[^247]: *See id.*

[^248]: A "1 X 2" call sign has a one letter prefix (K, N, W) and a two
    letter suffix (AA-ZZ) separated by a numeral 0-9 (for example W1AW).

[^249]: A "2 X 1" call sign has a two letter prefix (AA-AL, KA-KZ,
    NA-NZ, WA-WZ) and a one letter suffix separated by a numeral 0-9
    (for example KL1B).

[^250]: *See* Edwards Petition at 2.

[^251]: *See id.* at 3.

[^252]: *See id.* at 6.

[^253]: *See* Amendment of the Amateur Service Rules to Implement a
    Vanity Call Sign System, *Report and Order*, PR Docket No. 93-305,
    10 FCC Rcd 1039 (1995), *Memorandum Opinion and Order*, 10 FCC Rcd
    11135 (1995), and *Second Memorandum Opinion and Order*, 11 FCC Rcd
    5283 (1996).

[^254]: *See* Amendment to the Amateur Service Rules Including
    Amendments for Examination Credit, Eligibility for a Club Station
    License, Recognition of the Volunteer Examiner Session Manager, a
    Special Event Call Sign System, and a Self-Assigned Indicator in the
    Station Identification Process, *Report and Order*, 12 FCC Rcd 3804
    (1997).

[^255]: The format of special event call signs is limited to call signs
    that have the single letter prefix K, N or W, followed by a single
    numeral 0 through 9, followed by a single letter except the letter X
    (for example K1B).

[^256]: *See* 47 C.F.R. § 97.3(a)(11).

[^257]: *See* *id.*

[^258]: *See* ARRL Petition at 16-18.

[^259]: *See id.* at 17.

[^260]: *See id. citing* 47 C.F.R. § 97.19(d)(4).

[^261]: *See id* at 17.

[^262]: *See id.* at 16-17.

[^263]: *See* ARRL Petition at 17.

[^264]: *See* Frank A. Lynch Comments of at 1 and Rich Eyre-Eagles
    Comments at 1.

[^265]: *See* Michael Bucklaew Comments at 2 (citing the use of the
    special event call sign K5K by stations transmitting from Kingman
    Reef).

[^266]: *See* 47 C.F.R. § 97.119(c).

[^267]: *See* 47 C.F.R. § 97.3(a)(11). Allowing call sign blocks that
    denote specific offshore locations in the sequential call sign
    system to also be used in the special event call sign system, may
    result in licensee confusion. We note that Hawaii, Alaska, and
    geographic locations in the Caribbean and Pacific Insular Areas
    where the Commission regulates the amateur service, are designated
    as \"entities\" by the ARRL for operating award purposes. As a
    convenience to the amateur service community, a station whose
    licensee has a mailing address at one of these locations is
    permitted a call sign with a prefix denoting the ARRL entity or
    \"country\". Although it is not currently possible to obtain a
    mailing address for certain of these ARRL entities, small blocks of
    call signs are provided for amateur operators who, while operating
    their stations from such locations, use these call signs as
    self-assigned indicators to announce their unique location to other
    amateur operators.

[^268]: We note that recently K1B was used from Baker Island, K2G from
    Guam, K5K from Kingman Reef, K7K from Kure Island, K8O from Ofu
    Island, American Samoa, and K8T from Tutuila Island, American Samoa.

[^269]: *See* Mr. Nickolas E. Leggett Petition For Rule Making at 4
    (filed Nov. 21, 2001) (Leggett Petition). The Leggett Petition was
    placed on public notice on April 16, 2002. *See* Public Notice,
    Report No. 2543 (rel. Apr. 16, 2002). A list of commenters is
    presented in Appendix B.

[^270]: *See id.* at 2.

[^271]: The Leggett Petition recommends the following as examples of
    design requirements that should be mandated by the Commission:
    field-replaceable modules or circuit boards; required minimum
    spacing of components on circuit boards for access and replacement;
    test points and test jacks for measuring voltages, currents, and
    wave forms; light-emitting diode (LED) displays of bus signals on
    digital systems; chassis with access doors and removable shielding
    sections for radio frequency probing and field repair without
    removal of all the enclosures; removable integrated circuits (ICs)
    mounted in sockets; availability of spare ICs and other special
    components used in amateur radio equipment, and availability of
    service manuals and fully-detailed schematic diagrams of the amateur
    radio equipment (including specifications of the normal voltages,
    currents, and wave forms at the equipment test points), as examples
    of design requirements that could be mandated. Leggett Petition at
    4-5.

[^272]: *See, e.g.*, Neil J. Nitzberg Comments at 1, Randall Winchester
    Comments at 1, Fred C. Kelly, III, Comments at 1.

[^273]: *See, e.g.*, Paul Hadley Comments at 1, Willis Whatley Comments
    at 1, Randall Winchester Comments at 1, John Flynn Comments at 1.

[^274]: *See, e.g.*, William C. White Comments at 2, Rich Eyre Comments
    at 1, Jay D. Berringer Comments at 2, Randall Winchester Comments at
    1, Ed Bodnar Comments at 1, Charles Johnson Comments at 1, Carl R.
    Stevenson Comments at 3, Larry L. Ledlow, Jr., Comments at 1.

[^275]: *See, e.g.*, Thomas P. Currie Comments at 1, Rickey D. Pierce
    Comments at 1, Howard Stickly Comments at 1, Kerry Steffens Comments
    at 1, Hans Brakob Comments at 1, Mark Richards Comments at 1, John
    Getz Comments at 1, W. Lee McVey Comments at 1, Phillip Brittenham
    Comments at 1, David Reynolds Comments at 1.

[^276]: *See, e.g.*, Marc Pohm Comments at 1, Christopher J. Cieslak
    Comments at 2, Larry L. Ledlow, Jr., Comments at 1.

[^277]: *See, e.g.*, Robert Boehmer Comments at 1, Francis Bradley
    Comments at 1, Richard Thommason Comments at 1, Vincent
    Mastroglovanni Comments at 1.

[^278]: *See* 47 C.F.R. § 2.106.

[^279]: *See* *id.*

[^280]: *See generally* Trahos Petition. The Trahos Petition was placed
    on public notice on August 8, 2002. *See* Public Notice, Report No.
    2567 (rel. Aug. 8, 2002). A list of commenters is presented in
    Appendix B.

[^281]: *See id.* at 5.

[^282]: *See id.* at 6.

[^283]: *See id.*

[^284]: *See id.*

[^285]: *See, e.g.,* Todd Ellis Comments at 2, Tim Osborne Comments at
    1.

[^286]: *See, e.g.,* ARRL, Inc. Comments at 3.

[^287]: *See, e.g.,* ARRL, Inc., Comments at 4, Phillip E. Glasso
    Comments at 2, Danny L. Musten Comments at 1, BJ Jenkins, Sr.,
    Comments at 1, Ken Meyer at Comments 1, James A.. Pierson, Jr.,
    Comments at 1, JR Bayford Comments at 1.

[^288]: *See, e.g.,* Susan Swiderski Comment at 1, Don Byrer Comments at
    1, Lee Hendrickson Comments at 1, Tim Osborne Comments at 1, ARRL
    Comments at 5.

[^289]: *See* Todd Ellis Comments of at 2, Philip E. Glasso Comments at
    3.

[^290]: *See* 47 C.F.R. § 2.106.

[^291]: *See* *id.*

[^292]: *See* 47 C.F.R. Part 95 Subpart J.

[^293]: *See* 47 C.F.R. § 97.119(a). There are two exceptions to this
    general rule. We do not require space stations and telecommand
    stations to transmit their assigned call sign on their transmitting
    channel at the end of each communication and at least every ten
    minutes during a communication.

[^294]: *See* n. 27, *supra*.

[^295]: *See* 47 C.F.R. § 97.119(b).

[^296]: *See* 47 C.F.R. § 97.3(c)(5).

[^297]: *See* 47 C.F.R. § 97.119(b)(1).

[^298]: A "repeater" is an amateur station that simultaneously
    retransmits the transmissions of another amateur station on a
    different channel or channels.

[^299]: *See* ARRL Petition at 15.

[^300]: *See id.*

[^301]: *See* Michael Bucklaew Comments at 1 and Frank A. Lynch Comments
    at 1.

[^302]: *See* 47 C.F.R. §§ 97.205(b), 97.305(c).

[^303]: *See* 47 C.F.R. § 97.303(g)(1).

[^304]: *See* Waiver of Parts 2 and 97 of the Rules Concerning Frequency
    Sharing Requirements Applicable to the Amateur Service in Portions
    of Colorado and Wyoming, *Order*, 5 FCC Rcd 3041 (1990). (Amateur
    stations may transmit on the 902.0-902.4 MHz; 902.6-904.3 MHz;
    904.7-925.3 MHz; 925.7-927.3 MHz, and 927.7-928 MHz frequency
    segments.)

[^305]: *See id*.

[^306]: *See* ARRL Petition at 18-19.

[^307]: *See* 47 C.F.R. § 97.5.

[^308]: *See* Mr. Dale E. Reich Petition For Rule Change at 1 (filed
    Dec. 10, 2002) (Dec. 10, 2002, Reich Petition).

[^309]: *See* *id.*

[^310]: *See* *id.*

[^311]: *See* *id.*

[^312]: *See* Amendment of the Amateur Service Rules to Change
    Procedures for Filing an Amateur Service License Application and to
    Make Other Procedural Changes, *Order*, 9 FCC Rcd 6111 (1994).

[^313]: *See* 47 C.F.R. §§ 97.509(m), 97.519(b).

[^314]: *See* 47 C.F.R. § 97.7.

[^315]: *See* Mr. Dale E. Reich Petition For Rule Change at 1 (filed
    Dec. 4, 2002) (Dec. 4, 2002, Reich Petition).

[^316]: *See id.* at 2.

[^317]: *See* Amendment of Parts 0, 1, and 97 of the Commission's Rules
    to Allow the Use of Volunteers to Prepare and Administer Operator
    Examinations in the Amateur Radio Service, *Notice of Proposed
    Rulemaking*, PR Docket No. 83-27, 48 Fed. Reg. 8090 (1983).

[^318]: *See id.* at ¶ 21.

[^319]: *See* 47 U.S.C. § 154 (f)(4)(A).

[^320]: An licensee who has qualified for a higher class of operator
    license is authorized to exercise the rights and privileges of the
    higher class operator license until final disposition of the
    application or until 365 days after the passing of the examination.
    *See* 47 C.F.R. § 97.9(b).

[^321]: *See* 47 C.F.R. § 97.519(b).

[^322]: *See* 47 C.F.R. § 97.207(a).

[^323]: *See* 47 C.F.R. § 97.207(g), (h), (i).

[^324]: *See Radio Regulations* No. 25.11.

[^325]: *See* Radio Amateur Satellite Corporation Petition For Rule
    Making at 2 (filed December 2, 2002) (AMSAT Petition). The petition
    was placed on public notice on December 18, 2002. *See* *Public
    Notice*, Report No. 2589 (rel. Dec. 18, 2002). A list of commenters
    is presented in Appendix B.

[^326]: *Id.*

[^327]: *Id.,* 47 C.F.R. § 97.207(g).

[^328]: *Id.*

[^329]: *Id.*

[^330]: *See* Stephen Michael Kellett Comment at 1.

[^331]: *See, e.g.,* Mark Ryan Comment at 1, James E. Whedbee Comments
    at 1, Terry L. Nixon Comments at 1, Nickolaus E. Leggett Comments at
    1, ARRL, Inc., Comments at 2-3.

[^332]: *See, e.g.,* James E. Whedbee Comments at 1, Howard DeFelice
    Comments at 1,

[^333]: *See* *Mitigation of Orbital Debris*, Notice of Proposed
    Rulemaking, IB Docket No. 02-34, 17 FCC Rcd 5586 (2002). The
    Commission has proposed to adopt orbital debris mitigation
    requirements for Commission-authorized space stations, including
    space stations in the amateur radio service. A debris mitigation
    showing would be required in connection with the notification.

[^334]: *See, e.g.,* 47 CFR § 97.27.

[^335]: *See* 47 C.F.R. § 97.505.

[^336]: *See* Mr. Dale E. Reich Petition For Rule's Change at 1 (filed
    Nov. 14, 2002) (Nov. 14, 2002, Reich Petition). The petition was
    placed on public notice on December 18, 2002. *See* *Public Notice*,
    Report No. 2589 (rel. Dec. 18, 2002). A list of commenters is
    presented in Appendix B.

[^337]: *Id*.

[^338]: *Id*.

[^339]: *See, e.g.*, William Houlne Comments at 1 and Nathan Bargmann
    Comments at 1.

[^340]: *See, e.g.*, Tim Hagfors Comments at 1, Nathan Bargmann Comments
    at 1, Bill Strickland Comments at 1, and James T. Ferrell Comments
    at 1.

[^341]: *See, e.g.*, Steven E. Matda Comments at 1, Justin Cox Comments
    at 1, John A. Reynolds Comments at 1, Thomas H. Busch Comments at 1,
    and Charles Ristorcelli Comments at 1.

[^342]: *See, e.g.*, William Houlne Comments at 2 and Steven E. Matda
    Comments at 1.

[^343]: *See License Restructure Report and Order*, 15 FCC Rcd at 323 ¶
    15.

[^344]: *See License Restructure Report and Order*, 15 FCC Rcd at 323
    n.55.

[^345]: *See* 47 C.F.R. § 97.523.

[^346]: *See* 47 C.F.R. § 97.3(a)(46).

[^347]: *See* 47 C.F.R. § 97.1(a).

[^348]: *See* 47 C.F.R. § 97.115(b)(2).

[^349]: *See* 47 C.F.R. § 97.115.

[^350]: *See* 47 C.F.R. §§ 97.315, 97.317. *See also* 47 C.F.R. §§
    2.815(b), 2.1060(c). The 12 m band is 24.89-24.99 MHz and the 10 m
    band is 28.0-29.7 MHz. We note that the rules do not impose a
    similar limitation on amateur service licensees who build, modify,
    purchase used, or otherwise obtain a RF power amplifier.

[^351]: *See* 47 C.F.R. § 97.1.

[^352]: *See* Letter from Charles T. Rauch, Engineering Director, MFJ
    Enterprises (MFJ), to FCC Laboratories, Customer Service Branch
    (June 18, 1998) requesting waiver of Sections 97.315(b) and 97.317
    to allow MFJ to market an RF power amplifier for use in conjunction
    with a line of low power transceivers that it manufactures. *See
    also* Comer Communications, Inc., Application for Waiver of Sections
    97.315(b) and 97.317 (filed Feb. 13, 1995) requesting permission to
    market an RF power amplifier for use in conjunction with an amateur
    station transmitter that plugs into a personal computer.

[^353]: *See* 47 C.F.R. §§ 97.315, 97.317; *see also*, 47 C.F.R. §§
    2.815, 2.1060(c).

[^354]: *See* 47 C.F.R. § 97.317(a)(3), (b), and (c).

[^355]: Since 1978, other personal communications services including the
    Family Radio Service, the Multi-Use Radio Service, the General
    Mobile Radio Service, and cellular-type communications services,
    including some with two way radio-type capabilities, have become
    readily available.

[^356]: *See* Amendment of Part 2 of the Commission's Rules to Prohibit
    the Marketing of External Radio Frequency Amplifiers Capable of
    Operation on any Frequency from 24 to 35 MHz, *Report and Order*, 67
    FCC 2d 939, 940 ¶¶ 5-10 (1978).

[^357]: *See* 47 C.F.R. § 95.411(a). Use of a power amplifier voids an
    individuals authority to operate the CB station.

[^358]: *See* 47 C.F.R. § 97.3(a)(19).

[^359]: *See id*.

[^360]: We note that electronic parts such as resistors, fixed and
    variable capacitors, diodes, integrated circuits, and
    microprocessors are used in RF power amplifiers and consumer
    electronic devices. The parts used to build an antenna tuner or
    power supply, for example, could be defined as an external RF power
    amplifier kit because, with additional parts, those parts used in an
    antenna tuner or a power supply may also be used in an external RF
    power amplifier.

[^361]: *See* 47 C.F.R. § 97.401(a).

[^362]: *See* 47 C.F.R. § 97.111(a).

[^363]: *See* 47 C.F.R. § 97.1(a).

[^364]: *See* 47 C.F.R. § 97.401(d).

[^365]: *See* PR Docket No. 83-464, Amendment of Parts 2, 81, 83, 87,
    90, and 97 of the Commission\'s Rules and Regulations to Implement
    Changes in the Alaska Fixed Service, *Report and Order*, 49 Fed.
    Reg. 32194 (1984). *See also* Amendment of the Rules Governing the
    Maritime Radio Services, *Report and Order*, PR Docket No. 85-145,
    51 Fed. Reg. 31213 (1986) (Alaska Fixed Service incorporated into
    the Maritime Radio Services).

[^366]: *See* 47 C.F.R. § 97.111(a) (an amateur station may transmit
    communications in tests and drills on channels it is authorized to
    use for emergency communication); *see also* 47 C.F.R. §
    97.407(e)(4) (a station authorized in the Radio Amateur Civil
    Emergency Service (RACES) may also transmit these communications.

[^367]: *See* Providing a Radio Amateur Civil Emergency Service, Docket
    No. 10102, *Memorandum Opinion and Order,* 1 Rad. Reg. Part Three
    (P&F) 91:1141 (1952). Frequency segments for this service were
    established in cooperation with the Civil Defense Administration and
    the military. *See Public Notice* \"Frequencies Available For
    Amateur Participation In Civil Defense Communication\" FCC 51-35,
    Mimeo No. 58278 (released Jan. 17, 1951) (RACES *Public Notice*).
    RACES, an organization of amateur radio operators who volunteer to
    provide essential communications and warning links to supplement
    State and local government assets during emergencies, currently is
    sponsored by the Federal Emergency Management Agency. *See*
    <http://www.fema.gov/library/civilpg.shtm>.

[^368]: *See* RACES *Public Notice* at 1. *See also* 47 C.F.R. §
    97.407(b).

[^369]: *See* 47 C.F.R. Parts 201, 214.

[^370]: *See* 47 U.S.C. § 606.

[^371]: *See* 47 C.F.R. § 201.3 (g).

[^372]: *See* 47 C.F.R. § 214.4 (a), (b)(1).

[^373]: *See* 47 C.F.R. § 214.5 (a), (b).

[^374]: *See* 47 C.F.R. § 97.407(b).

[^375]: *See* 47 C.F.R. § 97 Subpart F.

[^376]: *See* 47 C.F.R. § 97.509(a).

[^377]: *See e.g., <http://www.arrl.org/arrlvec/examsearch.phtml>,
    <http://www.w5yi.org/vol-exam.htm>,* and <http://www.washarc.org/>.

[^378]: *See e.g., Squelch Tale* (Chicago FM Club newsletter, Evanston,
    IL), *WASHRAG* (Wireless Association of South Hills newsletter,
    Pittsburgh, PA), *The Ham Arundel News* (Anne Arundel Radio Club
    newsletter, Annapolis, MD).

[^379]: *See* 47 C.F.R. § 97.509(k).

[^380]: *See* 47 C.F.R. § 97.505(a)(9).

[^381]: *See* 47 C.F.R. §§ 97.509(m), 97.519(b).

[^382]: *See* Amendment of Parts 0, 1, and 97 of the Commission's Rules
    to Allow the Use of Volunteers to Prepare and Administer Operator
    Examinations in the Amateur Radio Service, *Report and Order*, PR
    Docket No. 83-27, 48 Fed. Reg. 45652 (1983).

[^383]: *See* Amendment of the Amateur Service Rules to Change
    Procedures for Filing an Amateur Service License Application and to
    Make Other Procedural Changes, *Order*, 9 FCC Rcd 6111 (1994). The
    requirement that VECs file applications electronically with the
    Commission is codified at 47 C.F.R. § 97.519(b)(3).

[^384]: *See* 47 C.F.R. § 0.131(n).

[^385]: *See* 47 C.F.R. § 0.131(j).

[^386]: *See* 47 C.F.R. § 97.3(a)(1).

[^387]: *See* Amendment of the Amateur Service Rules to Change
    Procedures for Filing an Amateur Service License Application and to
    Make Other Procedural Changes, *Order* 9 FCC Rcd 6111 (1994).

[^388]: *See id.* ¶ 4.

[^389]: *See* 47 C.F.R.§ 97.109(d).

[^390]: *See* 47 C.F.R. § 0.314.

[^391]: *See* 47 C.F.R. § 97.3(a)(17).

[^392]: *See* 47 C.F.R. §§ 97.203(h), 97.205.

[^393]: *See* 47 C.F.R. § 97.203(h).

[^394]: *See* *Final Acts of the WRC-97*, Article S3 and Appendix S3,
    Tables I and II. *See also* Mr. Peter Chadwick, April 9, 2001 e-mail
    "ITU-R Recommendation SM.329" (Chadwick Request). We note that these
    spurious emission limits became applicable to all amateur stations
    after January 1, 2012.

[^395]: *See* 47 C.F.R. § 97.307(d).

[^396]: *See* 47 C.F.R. § 97.507(a)(2).

[^397]: *See* 47 U.S.C. § 154 (f).

[^398]: *See* 5 U.S.C. § 553 (b)(3).

[^399]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601-- 612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^400]: *See* 5 U.S.C. § 605(b).

[^401]: *See* 5 U.S.C. § 601(6).

[^402]: *See* 5 U.S.C. § 601(3) (incorporating by reference the
    definition of "small business concern" in the Small Business Act, 15
    U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory
    definition of a small business applies "unless an agency, after
    consultation with the Office of Advocacy of the Small Business
    Administration and after opportunity for public comment, establishes
    one or more definitions of such term which are appropriate to the
    activities of the agency and publishes such definition(s) in the
    Federal Register."

[^403]: *See* 15 U.S.C. § 632.

[^404]: *See* 47 C.F.R. § 97.1

[^405]: *See* 5 U.S.C. § 605(b).

[^406]: *See id.*

[^407]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Memorandum Opinion and Order*, 13 FCC Rcd 11322 (1998).