Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | RM-9806                      |
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| Amendment of Section 97.305 of   | ) |                              |
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| The Commission's Rules to Expand | * |                              |
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| Prescribed Portions of the       | * |                              |
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**ORDER**

**Adopted: June 26, 2000 Released: June 28, 2000**

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunication Bureau:

**I. INTRODUCTION**

1.  We have before us a petition filed by the California Six Meter Club
    (CSMC)[^1] requesting an amendment of Section 97.305 of the
    Commission's Rules.[^2] CSMC requests that we authorize stations in
    the Amateur Radio Service to transmit additional emission types on
    portions of the 6 meter and 2 meter amateur service bands. Based on
    our review of the record in this proceeding, we conclude that
    issuance of a *Notice of Proposed Rule Making* and the commencement
    of a proceeding regarding this matter is not warranted because CSMC
    has not made a sufficient showing to support amending the current
    emission standards. Therefore, we dismiss the CSMC Petition.

**II. BACKGROUND**

2.  The Amateur Radio Service rules allow amateur stations to transmit
    over 1300 different emission types.[^3] To minimize interference
    between amateur stations transmitting different emission types,
    Section 97.305 of the Commission's Rules subdivides each of the
    amateur service frequency bands into emission type subbands. [^4] As
    a result, all amateur stations within a particular subband are
    transmitting and receiving compatible emission types and, therefore,
    can avoid undesired transmissions from other stations.[^5] Only CW
    (international Morse code telegraphy)[^6] emissions are permitted on
    the lower 100 kHz segment of the 6 and 2 meter (m) amateur service
    bands,[^7] *i.e.*, 50.0-50.1 MHz and 144.0-144.1 MHz.[^8]

3.  On August 25, 1999, CSMC, an organization of amateur radio operators
    interested in amateur service communications on the 6 m band, filed
    a petition for rule making requesting amendment of the amateur
    service rules to allow amateur service stations to transmit all
    digital modes up to 300 baud and single side band phone emission
    types[^9] on the frequency segments 50.0-50.1 MHz and 144.0-144.1
    MHz.[^10] CSMC states that, based on a survey of telegraphy weak
    signal operations by its members and others using telegraphy on
    these bands, these frequency segments appear to be virtually
    unused.[^11] In addition, CSMC states that the long-distance weak
    signal communications envisioned for these frequency segments
    routinely take place on amateur service frequencies above 50.1 MHz
    and 144.1 MHz.[^12] For this reason, it requests amendment of the
    rules to allow other emission types that are popular on these VHF
    bands, such as digital emission types and single side band voice
    emissions.[^13] The Commission sought comment on the CSMC Petition
    on January 14, 2000.[^14]

4.  One comment was received, which was from Mr. Stephen M. Kellat, who
    opposes CSMC's proposal at this time because discussions within the
    amateur service community concerning the use of new technologies
    have begun, as a result of the Commission's recent decision
    concerning the amateur service license structure.[^15] He believes,
    therefore, that it is premature to consider amending the rules as
    CSMC requests until the amateur service community reaches a
    consensus as to how to use the amateur service frequency bands.[^16]

    **III. DISCUSSION**

5.  After consideration of the record, we do not believe that the
    requested revisions to the rules are necessary or have support
    within the amateur service community. As an initial matter, we note
    that the premise of the CSMC Petition, that these frequency segments
    are virtually unused, appears to be contradicted by an earlier filed
    petition for rule making, RM-9673, submitted on May 3, 1999, by the
    Central States VHF Society (CSVHFS).[^17] In that petition, CSVHFS
    requested amendment of the Amateur Radio Service rules to provide
    additional spectrum to protect weak signal operations (primarily
    Morse code telegraphy and single sideband voice emission types) that
    its members and others engage in from other emissions that are
    increasingly popular on the 6, 2, and 1.25 m and 70 centimeter
    amateur service bands.[^18] Specifically, CSVHFS requested that we
    expand the spectrum designated to accommodate weak signal operations
    to include the lower 300 kHz of the 6 and 2 m bands.[^19] CSVHFS
    also stated that voluntary band plans have not proven successful in
    limiting wideband emission types from the band segments used for
    weak signal communications.[^20]

6.  On the basis of the records in RM-9806 and in RM-9673, we conclude
    that the frequency segments 50.0-50.1 MHz and 144.0-144.1 MHz are
    not "virtually unused" as CSMC claims. We also conclude that
    authorizing additional emission types in these frequency segments
    could have an adverse impact on the operating activities of other
    licensees. In this regard, we note that weak signal communication
    enthusiasts claim that presently authorized emission types are
    affecting their operations, even though the rules provide a subband
    free of wideband emission types.[^21] We also note that CSMC has not
    shown that any improvement in communications capabilities would
    result if the additional 100 kHz of spectrum it requests was
    authorized for these other emission types. Furthermore, we believe
    that the other emission types are adequately accommodated under the
    present amateur service rules which authorize amateur service
    stations to transmit data and phone emission types in all but the
    lowest 100 kHz of the 6 and 2 m amateur service bands.[^22] Thus, we
    are not persuaded that there is a lack of spectrum in the 6 and 2 m
    amateur service bands for transmission of data and phone emission
    types. For these reasons, we conclude that the proposed revisions to
    the rules are unnecessary and we will dismiss the CSMC Petition.

**IV. CONCLUSION**

7.  On the basis of the above, we conclude that the request in the
    above-captioned petition for rule making is unnecessary and does not
    warrant further consideration at this time. Alternate formats of
    this *Order* (computer diskette, large print, audio cassette and
    Braille) are available to persons with disabilities by contacting
    Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by e-mail at
    \<mcontee@fcc.gov\>. This *Order* also is available at the
    Commission\'s internet site at \<http//www.fcc.gov\>.

**V. ORDERING CLAUSES**

8.  Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and
    303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), (j), 303(r), and Section 1.401(e) of the Commission\'s
    Rules, 47 C.F.R. § 1.401(e), that the petition for rulemaking filed
    by the California Six Meter Club, RM-9806, on August 25, 1999, IS
    HEREBY DISMISSED WITHOUT PREJUDICE.

9.  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,
    0.331.

FEDERAL COMMUNICATIONS COMMISSION

D\'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunication Bureau

[^1]: *See* Petition for Rule Making, RM-9806, filed by CSMC, on August
    25, 1999 (CSMC Petition).

[^2]: 47 C.F.R. § 97.305.

[^3]: *See* 47 C.F.R. §§ 2.201, 97.3.

[^4]: 47 C.F.R. § 97.305(c).

[^5]: *See* Amendment of Parts 2 and 97 of the Commission's Rules
    Governing the Amateur Service to Authorize Operation on Additional
    Frequency Bands in American Samoa, *Order*, 14 FCC Rcd 20595, 20607
    ¶ 22 (WTB PSPWD 1999) (*Samoa Order*).

[^6]: *See* 47 C.F.R. § 97.3(c)(1).

[^7]: The 6 m amateur service band is 50-54 MHz in ITU Regions 2 and 3;
    the 2 m amateur service band is 144-148 MHz in ITU Regions 2 and 3.
    *See* 47 C.F.R. § 97.301(a).

[^8]: 47 C.F.R. § 97.305(a), (c).

[^9]: The terms used in the amateur service rules to indicate emission
    types are specified in 47 C.F.R. § 97.3. As the terms are used in
    the CSMC Petition, "digital modes up to 300 baud" are data emission
    types, and "single side band phone" is a phone emission type.

[^10]: CSMC Petition at 1.

[^11]: *Id*. at 2.

[^12]: *Id*.

[^13]: *Id*. at 1-2.

[^14]: *Public Notice*, Petitions for Rulemaking Filed, Report No. 2381
    (rel. Jan. 14, 2000).

[^15]: Stephen M. Kellat Comments at 2-3. *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
    (2000).

[^16]: Stephen M. Kellat Comments at 3.

[^17]: *See* Petition for Rule Making, RM-9673, filed by CSVHFS, on May
    3, 1999 (CSVHFS Petition). CSVHFS states that it represents amateur
    radio operators involved in weak signal communications on amateur
    service bands above 30 MHz. *Id.* at 1. The CSVHFS Petition was
    dismissed on November 29, 1999. *See* *Samoa* *Order*, 14 FCC Rcd at
    20607 ¶ 23.

[^18]: CSVHFS Petition at 1-2.

[^19]: *Id*.

[^20]: *Id*.

[^21]: *Id*. at 1.

[^22]: *See* 47 C.F.R. § 97.305.