February 23, 2007

DA 07-814

Mr. Victor Madera

Puerto Rico Amateur Radio League, Inc.

P.O. Box 191917

San Juan, PR 00919-1917

Dear Mr. Madera:

This is in response to the petition dated March 17, 2006 that you filed
on behalf of the Puerto Rico Amateur Radio League (PRARL), requesting
that Section 97.523 of the Commission\'s Rules[^1] be amended to require
that question pools used in amateur radio operator license examinations
be prepared for each examination element in languages other than
English. For the reasons set forth below, we deny the petition.

Each applicant for each class of amateur radio operator license must
pass, or otherwise receive credit for, the appropriate examination
elements.[^2] Section 97.523 requires, in part, that \"\[a\]ll VECs must
cooperate in maintaining one question pool for each written examination
element\" and that \"\[e\]ach question pool must be published and made
available to the public prior to its use for making a question set."[^3]
Thus, the written examination questions are drawn from a uniform
national database of multiple-choice questions and answers approved by
the National Conference of Volunteer Examiner Coordinators (NCVEC).[^4]

You state that, because there is no uniform Spanish-language version of
the question pools, when amateur radio operator license examinations are
administered in Spanish, questions are prepared at random by examining
Volunteer Examiners (VEs).[^5] You are concerned that this method of
preparing examination questions may result in Spanish-language
examinations being prepared without following a standard pattern,
thereby resulting in Spanish-speaking examinees not being treated
equally to English-speaking examinees.[^6] Accordingly, you propose that
Section 97.523 be amended to require the maintenance of question pools
in languages other than English. You also state the PRARL has prepared
Spanish language versions of the question pools, and could provide them
to the Question Pool Committee (QPC) of the NCVEC at no expense.[^7]

The Commission's Rules do not specify any particular language(s) in
which amateur radio service written examinations must be
administered.[^8] Consequently, no rule change is required for the NCVEC
QPC to maintain Spanish-language question pools.[^9] The rules do,
however, assign primary responsibility for maintaining the question
pools to the VECs.[^10] Consistent with the Commission's decision to
require that the VECs cooperate in maintaining standard question pools
for amateur radio operator examinations, it appears that the appropriate
forum to address your concerns is the NCVEC QPC.[^11] In addition, we
note that your concern about disparate treatment of Spanish speakers
appears to be based on speculation. The petition presents no evidence of
an existing problem meriting a rule change.

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of
the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405,
and Section 1.401(e) of the Commission's Rules, 47 C.F.R. § 1.401(e),
the petition for rulemaking filed on March 17, 2006 by Victor Madera IS
DENIED.

This action is taken under delegated authority pursuant to Sections
0.131 and 0.331 of the Commission\'s Rules, 47 C.F.R. §§ 0.131 and
0.331.

FEDERAL COMMUNICATIONS COMMISSION

Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

[^1]: 47 C.F.R. § 97.523.

[^2]: 47 C.F.R. § 97.501.

[^3]: 47 C.F.R. § 97.523.

[^4]: *See*, *e.g.*, 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, 328 ¶ 40 (1999).

[^5]: *See* Petition at 1.

[^6]: *Id.* at 2.

[^7]: *Id.* at 2 n.3.

[^8]: *See* Spanish Language Amateur Radio Operator Examinations,
    *Memorandum Opinion and Order*, 81 F.C.C. 2d 133, 134 ¶ 9 (1980).

[^9]: *Id.*

[^10]: *See* Permitting Volunteer-Examiner Coordinators to Maintain
    Pools of Questions for Amateur Operator Examinations, *Memorandum
    Opinion and Order*, PR Docket No. 85-186, 2 FCC Rcd 2815, 2817 ¶ 10
    (1987).

[^11]: You state that PRARL "contacted" the NCVEC QPC, but you do not
    provide specific information regarding those discussions. *See*
    Petition at 2 n.1.