**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * |   | WT Docket No. 04-140        |
|                                   | * |   |                             |
| Amendment of Part 97 of the       | ) |   | RM-10313, RM-10352,         |
| Commission's Rules Governing the  | * |   | RM-10353,                   |
| Amateur Radio Services            | * |   |                             |
|                                   |   |   | RM-10354, RM-10355,         |
| Amendment of Section 97.111 of    | * |   | RM-10412,                   |
| the Amateur                       | * |   |                             |
|                                   | ) |   | RM-10413, RM-10492,         |
| Radio Service Rules to Limit      | * |   | RM-10521,                   |
| Transmissions of                  | * |   |                             |
|                                   |   |   | RM-10582, RM-10620,         |
| Information Bulletins             | * |   | RM-10621                    |
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| Conforming Amendments to Part 97  | ) |   |                             |
| of the                            | * |   |                             |
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| Commission's Rules to Implement   |   |   |                             |
| the World                         | * |   |                             |
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| Radio Conference 1997 Final Acts  | ) |   |                             |
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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 Licensing       | * |   |                             |
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| Amendment of the Amateur Service  | * |   |                             |
| Rules to Limit One--Way Voice     | * |   |                             |
| Broadcasting on Frequencies       | ) |   |                             |
| Allocated to the Amateur Service  | * |   |                             |
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| Amendment of Sections 97.111 and  |   |   |                             |
| 97.113 of the Commission's Rules  | * |   |                             |
| to Curb Certain Abuses in the     | * |   |                             |
| Amateur Radio Service             | ) |   |                             |
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| Amendment of Section 97.3(a)(26)  | * |   |                             |
| to Establish                      |   |   |                             |
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| Two Classifications of            | * |   |                             |
| Information Bulletins             | ) |   |                             |
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| Amendment of Section 97.305(c) to | * |   |                             |
| Authorize                         |   |   |                             |
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| Image Emissions in Additional     | * |   |                             |
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+-----------------------------------+---+---+-----------------------------+
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+-----------------------------------+---+---+-----------------------------+

REPORT AND ORDER

**Adopted: October 4, 2006 Released: October 10, 2006**

By the Commission:

Table of Contents

Paragraph \#

I. INTRODUCTION 1

II\. Executive Summary 3

III\. BACKGROUND 4

IV\. DISCUSSION 7

A. Amateur Station Frequency Privileges. 7

B. Retransmission of Space Station Communications. 27

C. Amateur Station Vanity Call Sign System. 29

D. Amateur Station Operation on the 902-928 MHz Band 35

E. Space Station Launch Notification 37

F. Third Party Communications. 39

G. Limitations Imposed on Manufacturers. 41

H. Public Service Communications. 45

I. Alaska Emergency Frequency. 47

J. Radio Amateur Civil Emergency Service (RACES). 49

K. Qualifying Examination System Rules. 53

V. PROCEDURAL MATTERS 63

A. Final Regulatory Flexibility Certification. 63

B. Paperwork Reduction Act of 1995 Analysis 66

C. Congressional Review Act 67

D. Alternative Formats 68

VI\. ORDERING CLAUSES 70

APPENDIX - Rule changes

# INTRODUCTION 

1.  In this *Report and Order* (*R&O*), we address comments received in
    response to a *Notice of Proposed Rulemaking* (*NPRM*), released by
    the Commission on April 15, 2004, which sought comment on certain
    proposed revisions to the Commission\'s Amateur Radio Service
    rules.[^1] The *NPRM* was issued in response to the filing of
    nineteen petitions for rulemaking and one informal request for
    Commission action.[^2] Generally, the *NPRM* proposed to (1) revise
    the frequency segments of certain High Frequency[^3] (HF) bands on
    which amateur stations are authorized to transmit voice
    communications; (2) authorize amateur stations to transmit certain
    emission types on additional amateur service bands or frequency
    segments; (3) amend the rules for the amateur service vanity call
    sign system; and (4) eliminate unnecessary restrictions imposed on
    manufacturers of certain types of equipment that may be used at
    amateur stations.

2.  As discussed below, this *R&O* implements many of the specific
    proposals set forth in the *NPRM*. It also implements rule
    amendments proposed in the *NPRM* but modified to incorporate
    suggestions raised in the comments, and other conforming amendments
    to the amateur service rules. This *R&O* furthers the public
    interest by allowing amateur service licensees to use the spectrum
    more efficiently, and by allowing amateur service stations to
    operate with fewer restrictions. Moreover, we believe that these
    changes will (1) provide licensees with greater flexibility in the
    utilization of amateur service frequencies, (2) promote efficient
    use of the Amateur Radio Service spectrum by authorizing
    communications that include both analog and digital emission types
    to be transmitted on currently-authorized amateur service spectrum,
    and (3) eliminate unnecessary requirements that may limit the
    flexibility of the amateur service license examination system.

# Executive Summary 

3.  In this *R&O*, we amend the Part 97 Amateur Radio Service rules[^4]
    as follows:

> **.** revise the operating privileges[^5] of amateur radio operators
> to allow more spectrum in four currently-authorized amateur service HF
> bands to be used for voice communications;
>
> **.** permit auxiliary stations[^6] to transmit on additional amateur
> service bands;
>
> **.** permit amateur stations to transmit spread spectrum
> communications on the 1.25 meter (m) band;
>
> **.** permit amateur stations to retransmit communications from the
> International Space Station;
>
> **.** permit 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 certain restrictions on equipment manufacturers that
> are no longer necessary;
>
> **.** permit amateur radio stations operating in Alaska and
> surrounding waters more flexibility in providing emergency
> communications; and
>
> **.** remove certain restrictions in the amateur service license
> examination system that are no longer necessary.

# BACKGROUND

4.  In the Commission\'s Part 97 Rules, the Amateur Radio Service is
    defined as \"the amateur service, the amateur‑satellite service, and
    the radio amateur civil emergency service (RACES).\"[^7] The amateur
    service is available for use by persons who are interested in radio
    technique solely with a personal aim and without pecuniary
    interest.[^8] It presents an opportunity for individuals to
    self-train in radio and communications technology, intercommunicate,
    and carry out technical investigations.[^9] Amateur radio operators
    also engage in voluntary, noncommercial communications with other
    amateur radio operators located in the United States and in foreign
    countries,[^10] and form a group of trained operators who have the
    ability to provide essential communications links and to facilitate
    relief actions on a purely voluntary basis when a disaster strikes
    or is likely to occur.[^11]

5.  In 1999, the Commission adopted the *License Restructure Report and
    Order*,[^12] which simplified the amateur service operator license
    structure to three classes of operator licenses \-- the Technician
    Class, General Class, and Amateur Extra Class \-- and streamlined
    the amateur radio operator examination system.[^13] In that
    proceeding, the Commission declined to consider a comprehensive
    restructuring of operating privileges,[^14] stating that the amateur
    service community should have an opportunity to complete ongoing
    discussions concerning implementation of new and more modern
    communications technologies, and to possibly reach a consensus
    regarding implementation of these technologies before the Commission
    considered comprehensive restructuring measures.[^15]

6.  On April 15, 2004, the Commission released the *NPRM* in this
    proceeding, and sought comment regarding rule amendments proposing
    to change operating privileges for amateur service licensees, among
    other issues.[^16] Specifically, the Commission proposed to (a)
    increase the amount of spectrum that amateur stations could use for
    voice communications;[^17] (b) amend its rules relating to the types
    of communications an amateur station may transmit; (c) revise the
    vanity and special event call sign systems, and (d) revise certain
    rules applicable to the amateur service operator licensing
    system.[^18] The Commission also proposed amendments to the amateur
    service rules to conform them to the international *Radio
    Regulations*[^19] and to reflect recent changes in Commission
    organization and practices.[^20] In response to the *NPRM,* we
    received over 150 timely filed comments and reply comments.

# DISCUSSION

## Amateur Station Frequency Privileges

7.  [Emission Frequency Segments]{.underline}. *Background*. Currently,
    the Commission's rules authorize amateur stations to transmit radio
    frequency emissions in nine HF bands.[^21] The Rules also subdivide
    all but two of these bands[^22] into a frequency segment in which
    amateur stations may transmit only emissions that require a narrow
    bandwidth, such as telegraphy, data or radio teletype (RTTY)
    emissions, and a frequency segment in which amateur stations may
    also transmit emissions that require more bandwidth, such as voice
    or image emissions.[^23] The class of operator license determines
    the frequency band, or segment of a frequency band, on which an
    amateur radio licensee may operate a station.[^24] Currently, our
    Part 97 rules authorize amateur stations to transmit phone emissions
    on certain HF bands as follows:[^25]

    [75 Meter Amateur Band (3750-4000 kHz)]{.underline}:[^26]

-   An Amateur Extra Class licensee may control an amateur station
    transmitting a phone emission on any frequency within the band.[^27]

-   An Advanced Class licensee may control an amateur station
    transmitting a phone emission on the 3775-4000 kHz segment of the
    band.[^28]

-   A station controlled by a General Class licensee may transmit phone
    emissions on the 3850-4000 kHz segment of the band.[^29]

    [40 Meter Amateur Band (7000-7300 kHz)]{.underline}:[^30]

```{=html}
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```
-   Amateur Extra Class and Advanced Class licensees may control an
    amateur station transmitting a phone emission on any frequency
    within the 7150-7300 kHz segment.[^31]

-   A station controlled by a General Class licensee may transmit phone
    emissions on the 7225-7300 kHz segment.[^32]

    [15 Meter Amateur Band (21,000-21,450 kHz)]{.underline}:[^33]

```{=html}
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```
-   An Amateur Extra Class licensee may control an amateur station
    transmitting a phone emission on any frequency within the
    21,200-21,450 kHz frequency segment.[^34]

-   An Advanced Class licensee may control an amateur station
    transmitting a phone emission on the 21,225-21,450 kHz segment of
    the band.[^35]

-   A station controlled by a General Class licensee may transmit a
    phone emission on the 21,300-21,450 kHz segment of the band.[^36]

8.  In addition, a Novice Class licensee or a Technician Class licensee
    who has received credit for passing a Morse code examination[^37]
    currently is permitted to control an amateur station transmitting
    messages using the international Morse code on certain HF bands as
    follows:

    [80 Meter Amateur Band (3500-3750 kHz)]{.underline}: the 3675-3725
    kHz frequency segment.

    [40 Meter Amateur Band]{.underline}: the 7100-7150 kHz frequency
    segment.

    [15 Meter Amateur Band]{.underline}: the 21,100-21,200 kHz frequency
    segment.

    [10 Meter Amateur Band (28,000-29,700 kHz)]{.underline}: the
    28,100-28,300 kHz frequency segment.[^38]

9.  The *NPRM* sought comment on whether the Commission should eliminate
    the frequency segments in the 80, 40, and 15 m amateur bands
    currently authorized to Novice and Technician Plus Class licensees
    so that additional spectrum to transmit phone communications could
    be authorized to General, Advanced, and Amateur Extra Class
    licensees in these bands.[^39] To provide spectrum for Novice and
    Technician Plus Class licensees to replace the telegraphy frequency
    segments currently authorized for these licensees, at the request of
    the American Radio Relay League, Inc. (ARRL),[^40] the Commission
    also sought comment on whether theses licensees should be authorized
    to transmit privileges in any portion of the 80, 40, and 15 m
    amateur service bands that provide for telegraphy operation by
    General Class licensees.[^41] With regard to the division of the
    \"refarmed\"[^42] spectrum among General, Advanced, and Amateur
    Extra Class licensees, the Commission sought comment on ARRL\'s
    request that (1) in the 75 m band, the spectrum authorized for phone
    communications be expanded by 25 kHz, and that Amateur Extra Class
    licensees be authorized 3725-4000 kHz, Advanced Class licensees be
    authorized 3750-4000 kHz, and General Class licensees be authorized
    3800-4000 kHz; (2) in the 40 m band, spectrum authorized for phone
    communications be expanded by 25 kHz and that Amateur Extra and
    Advanced Class licensees be authorized 7125-7300 kHz, and General
    Class licensees be authorized 7175-7300 kHz; and (3) in the 15 m
    band, the spectrum authorized General Class licensees for phone
    communications be expanded by 25 kHz by authorizing these licensees
    the frequency segment 21275-21450 kHz for phone communications.[^43]
    In response to the ARRL\'s request, the Commission also sought
    comment on whether to authorize stations of Novice and Technician
    Class licensees to transmit in the 28000-28300 kHz frequency segment
    additional emission types.[^44] The Commission noted that the
    proposed rule revisions would result in no licensee losing any
    spectrum privileges, and that General, Advanced, and Amateur Extra
    Class licensees would gain access to additional spectrum for phone
    communications, one of the most popular operating activities on the
    HF bands.[^45]

10. *Decision.* Based on the record before us, we believe that
    authorizing additional spectrum for voice communications is
    warranted. We agree with the majority of commenters that such an
    authorization will address a current need for more spectrum to
    accommodate phone communications, and that benefits will accrue and
    efficiencies will be gained by this action.[^46] A few commenters
    oppose reserving amateur service spectrum for narrowband or
    telegraphy communications on the grounds that we should not favor a
    particular type of communications use.[^47] Others oppose allowing
    additional spectrum to be used for voice communications in the 40 m
    amateur service band on the grounds that this band already is
    well-allocated among operating interests and license classes.[^48]
    We are persuaded, however, by ARRL's contention that increasing the
    amount of spectrum for voice communications will reduce interference
    among stations using voice communications, thereby benefiting all
    licensees, and that authorizing more spectrum for voice
    communications will more closely reflect licensees\' operating
    preferences, thereby resulting in more efficient use of amateur
    service spectrum.[^49] Additionally, we are persuaded that
    increasing the spectrum for voice communications is consistent with
    our observation that additional frequency privileges for higher
    class licensees are an incentive for licensees to advance their
    communications and technical skills,[^50] thereby providing greater
    incentive for licensees to advance or \"upgrade\"[^51] to a higher
    class operator license, and will better reflect the communication
    technology preferences of amateur radio operators.[^52]

11. Further, based on the record in this proceeding, we are persuaded
    that we should authorize more spectrum in the 80 m band for voice
    communications than was proposed in the *NPRM.* Indeed, a number of
    commenters argue that the *NPRM* proposal to increase the amount of
    spectrum permitted for voice communications would still not meet the
    demand for voice communication spectrum in the HF bands,
    particularly in the 80 m band.[^53] As a result, some commenters
    request that the 80 m allocation be extended downward to include
    3600-4000 kHz,[^54] 3650-4000 kHz,[^55] or 3675-4000 kHz for voice
    communications,[^56] believing that expanding the band more than the
    Commission proposed is justified because the CW band "is grossly
    underused and represents a huge waste in spectrum."[^57] Further,
    the record suggests that additional spectrum for voice
    communications would relieve \"the overcrowding \[amateur
    operators\] are experiencing,"[^58] and that because the
    Commission\'s proposal was to provide additional spectrum for voice
    communications by eliminating the Novice Class telegraphy sub-bands
    so \"the 80 m Novice class telegraphy sub-band should be reallocated
    for voice use.\"[^59] We conclude that these requests are
    reasonable, and that authorizing 3600-4000 kHz for voice
    communications will result in a more equitable division of spectrum
    between users of narrowband and wideband modes.[^60] Accordingly, we
    will authorize amateur stations to transmit a phone emission in the
    frequency segment 3600-4000 kHz by amending Section 97.301(b) the
    Commission's Rules.[^61]

12. Regarding the division among license classes of the spectrum on
    which we today authorize phone emissions, we adopt the Commission's
    proposal to authorize stations of General Class licensees to
    transmit voice emissions in the 3800-4000 kHz frequency segment,
    thereby increasing by 50 kHz the spectrum for voice communications
    by these stations. Because we have decided to authorize more 75 m
    spectrum for voice communications than was proposed in the *NPRM*,
    we also authorize stations of Advanced Class licensees to transmit
    voice emissions in the 3700-4000 kHz frequency segment, thereby
    increasing by 75 kHz the amount of spectrum for voice communications
    by these stations. We also authorize stations of Amateur Extra Class
    licensees to transmit voice emissions in the 3600-4000 kHz frequency
    segment, thereby increasing by 150 kHz the spectrum authorized to
    these stations for voice communications. In the 40 m and 15 m bands,
    we adopt the Commission's proposal to authorize stations of Amateur
    Extra and Advanced Class licensees 7125-7300 kHz, stations of
    General Class licensees 7175-7300 kHz, and stations of General Class
    licensees 21275-21450 kHz for phone communications.[^62]

13. With regard to whether Novice and Technician Plus Class licensees
    should be authorized telegraphy privileges in spectrum in the 80, 40
    and 15 m amateur service bands that General Class licensees are
    allowed to use for telegraphy operation and whether we should
    authorize Novice and Technician Plus Class licensees additional
    emission privileges in the 28000-28300 kHz frequency segment of the
    10 m band, based on the record before us, we adopt these changes as
    set forth in the *NPRM*.[^63] In this connection, we note that the
    comments generally support maintaining HF frequency allocations for
    Novice and Technician Plus Class licensees stating, for example,
    that the Commission's proposal "would simplify the band plans and
    \... also provide Novice and Technician Class licensees the
    opportunity to contact a greater number of other amateur
    operators."[^64] Other commenters support the Commission's proposal
    on the grounds that it would "increase utilization of the three
    bands involved"[^65] and "generate and continue the effective and
    efficient use of valuable and priceless spectrum, generate
    experimentation, and further the advance of the industry."[^66]
    Other commenters urge that, in addition to allowing Novice and
    Technician Plus Class licensees spectrum in the 80, 40, and 15 m
    amateur service bands as the Commission proposed, these licensees
    should also be allowed data, RTTY, and some voice privileges;[^67]
    or, that we afford these licensees the same frequency privileges in
    the 10 m band that other licensees are presently authorized for
    voice communications on the grounds that eliminating the 10 m Novice
    band would "increase the use of this band and the diversity of
    operating modes therein."[^68] Other commenters contend that
    allowing these licensees to use the 28.3-29.7 MHz frequency segment
    for voice communications would \"drastically improve the efficiency
    of 10 m phone band usage,\"[^69] \"would reduce interference between
    adjacent stations even during crowded contest conditions,\"[^70] and
    would open the 10 m band to many new opportunities for new entry
    level licensees who would have HF phone privileges because \"there
    are AM and FM operations above 28.5 MHz as well as nets and 10 Meter
    repeaters.\"[^71]

14. Based on our review of the record in this proceeding, we are not
    persuaded that we should authorize Novice and Technician Class
    licensees additional frequency privileges in the 10 m band beyond
    those proposed. In this regard, we do not believe we should reduce
    the incentive for amateur radio operators to advance their
    communication and technical skills. Rather, we note that Novice and
    Technician Class licensee can upgrade to the General Class operator
    license by passing only one or two written examinations, thereby
    qualifying for the same frequency privileges in the 10 m band that
    other licensees are presently authorized. Accordingly, we do not
    believe that authorizing Novice and Technician Class licensees
    additional frequency privileges in the 10 m band is necessary.

15. [Image Emissions]{.underline}. *Background*. Amateur radio operators
    have recently been using personal computers with sound cards and
    software to develop new communication systems and technologies that
    are capable of transmitting both image and data emission types. One
    system in use, for instance, combines a digital emission and a
    narrowband facsimile (FAX) emission.[^72] Another system, sometimes
    referred to as the "Hellschriber" system, uses transmitted pulses to
    directly write images on paper or a computer screen. Amateur radio
    operators worldwide have been using these new communications systems
    without causing harmful interference[^73] to other amateur service
    communications. Such use appears to be consistent with one of the
    purposes of amateur service, namely, to contribute to the
    advancement of the radio art.[^74] Nevertheless, our Part 97 rules
    do not now authorize amateur stations to transmit both image and
    data emission types on any HF frequency segments,[^75] though they
    do authorize image emission types to be transmitted on frequency
    segments also authorized for phone communications.[^76]

16. In the *NPRM,* the Commission sought comment[^77] on whether it
    should revise the definition of data emission types contained in
    Section 97.3(c) of our Rules to include emission types A1C and
    F2C.[^78] This would permit amateur stations to transmit FAX
    emissions having an occupied bandwidth of 500 Hz or less on the
    frequency segments used for data communications.[^79] The *NPRM*
    also noted that limiting the occupied bandwidth of image emissions
    in data segments of the HF bands to 500 Hz or less would provide the
    amateur service community greater flexibility in developing
    communication systems and communications technology, thereby
    furthering that purpose of the amateur service while maintaining the
    narrow bandwidth nature of the data emission band segments.[^80]

17. *Decision*. All commenters who addressed this issue support the
    *NPRM* proposal to revise the definition of data in the amateur
    service rules. We agree that permitting images to be transmitted on
    data emission frequency segments will "allow amateur radio to make
    the most of new \[software\] programs"[^81] thereby "advanc\[ing\]
    its technology."[^82]

18. We agree with the majority of commenters that analog emissions
    should not categorically be excluded from the definition of data
    emission types because the frequency segments authorized for data
    emissions also are authorized for certain analog emission
    types.[^83] Although ARRL agrees with the concept of permitting
    images to be transmitted in HF segments where data emissions are
    currently allowed, it requests that we exclude analog image
    emissions from the definition of data, because it asserts that
    analog emissions "would be inhomogeneous with the digital emissions
    in the segments in which CW, RTTY, and data emissions are
    permitted."[^84] However, many other commenters request that we
    include emission designators J2C and J3C in the definition of data
    so that data communications transmitted by amateur stations may
    include narrow bandwidth analog images.[^85] We also note that no
    commenter has claimed that interference occurs between these
    different types of emissions and that many commenters support
    allowing narrow bandwidth analog image emissions in digital
    frequency segments. Based on the record before us, we believe that
    we should allow amateur stations to transmit narrow bandwidth analog
    image emissions in digital frequency segments. Accordingly, we
    revise the definition of data to include emission designators J2C
    and J3C. We also include emission type F1C, because F1C is the
    emission type that amateur stations transmit when they are using
    multiple frequency shift keying (MFSK). [^86]

19. ARRL also requests that we not impose a 500 Hz bandwidth limitation
    in the definition of data emissions, arguing that this limitation
    would have unintended consequences because the limitation also
    applies to amateur service bands in which a higher symbol rate or
    bandwidth is permitted.[^87] We understand ARRL\'s concern, but we
    note that eliminating or relaxing the bandwidth limitation would *de
    facto* eliminate the separation of narrow bandwidth and wide
    bandwidth emissions.[^88] We believe that separation of emission
    types by bandwidth is accepted in the amateur service as a
    reasonable means to minimize interference on shared frequencies and
    bands[^89] and, therefore, we will not replace the 500 Hz bandwidth
    limitation with a 3 kHz bandwidth limitation. To accommodate the
    concern raised by ARRL, however, we will revise our rules to clarify
    that the 500 Hz limitation applies only to the emission types we are
    adding to the definition of data when transmitted on amateur service
    frequencies below 30 MHz. By amending the rule in this manner, the
    500 bandwidth limitation will not apply to other data emission types
    or amateur service bands in which a higher symbol rate or bandwidth
    currently is permitted.[^90]

20. [Auxiliary stations]{.underline}. *Background.* As currently defined
    by the amateur service rules, an auxiliary station is an amateur
    station, other than a station in a message forwarding system,[^91]
    that is transmitting point‑to‑point communications within a system
    of cooperating amateur stations.[^92] Under the current Part 97
    rules, an auxiliary station is restricted to transmitting only on
    the 1.25 m and shorter wavelength bands, with exceptions for certain
    frequency segments.[^93] The underlying purpose of limiting
    auxiliary stations to these frequency bands has been to minimize the
    possibility of harmful interference to other amateur service
    stations and operations, particularly "weak signal"[^94] activity in
    the 2 m (144-148 MHz) band.[^95]

21. In the *NPRM,* in response to a request from Kenwood Communications
    Corporation, the Commission sought comment on whether it should
    revise Section 97.201(b) of the Commission's Rules[^96] to allow
    auxiliary stations to transmit on the 2 m band above 144.5 MHz,
    except 145.8-146.0 MHz,[^97] in addition to the frequency segments
    previously authorized.[^98] In the *NPRM,* the Commission noted that
    there was no apparent basis to conclude that allowing auxiliary
    stations to transmit on the 2 m band would cause harmful
    interference to other stations\' communications.[^99] It was also
    noted that user coordination would be possible, and that the
    additional frequency segments proposed for auxiliary station use do
    not affect the frequency segments currently authorized to
    automatically controlled beacon stations, space stations, Earth
    stations or those frequency segments that amateur radio operators
    have voluntarily agreed to use for simplex and weak signal
    communications.[^100]

22. *Decision.* We agree with the commenters who support allowing the 2
    m band to be used by auxiliary stations,[^101] because such use
    could result in the expansion of amateur service communication
    systems that incorporate voice over internet protocol
    operations[^102] or other sophisticated amateur radio communications
    systems,[^103] enhance communications capabilities for emergency
    communications supporting disaster relief efforts,[^104] or permit
    direct communication with HF radio networks using commonly available
    radios, such as 144/440 MHz handheld transceivers.[^105]
    Additionally, we agree with ARRL and others who contend that
    allowing auxiliary stations to transmit on the 2 m band would
    provide amateur stations with additional flexibility to utilize
    remote control facilities.[^106]

23. We disagree with the concern of one commenter that transmissions by
    auxiliary stations should only be allowed on the UHF bands because
    these transmissions may \"consume a frequency for hours on
    end.\"[^107] There is no rule limiting the length of time an amateur
    station may engage in communications on a particular frequency and
    amateur stations have the ability to switch among numerous channels
    when one channel is in use, thereby minimizing interference among
    stations. Likewise, we do not believe the fact that other frequency
    bands already are approved for auxiliary stations[^108] provides a
    sufficient reason alone to maintain the restriction prohibiting
    auxiliary stations from transmitting on the 2 m band. In this
    regard, we note that auxiliary stations were limited to bands above
    220 MHz in order to minimize the possibility of harmful interference
    to other amateur service operations, particularly weak signal
    activity, an outcome some commenters believe may still occur.[^109]
    We note, however, that other commenters argue that additional
    interference, if any, from allowing auxiliary stations to transmit
    on the 2 m band would only be \"slight\" in areas of the country
    where large segments of the 2 m band are underutilized[^110] or
    where unused spectrum is available in the 2 m band to permit
    auxiliary station operation.[^111] We agree with these commenters
    and note that under our current rules, willful interference is
    prohibited.[^112] In addition, we believe that other safeguards such
    as voluntary frequency coordination and the requirement in the
    Commission\'s rules that stations use the minimum necessary power
    for the auxiliary link also minimize the possibility of harmful
    interference between auxiliary stations and other amateur
    stations.[^113] We also agree that in areas where segments of the 2
    m band are underutilized or spectrum is otherwise available,
    interference is unlikely. We conclude, based on the above, that we
    no longer need to limit auxiliary stations to amateur service bands
    above 220 MHz. Accordingly, we amend Section 97.201(b), as proposed,
    to allow auxiliary stations to transmit on the 2 m band.

24. [Spread spectrum]{.underline}. *Background.* Currently, amateur
    stations are authorized to transmit spread spectrum (SS) emission
    types on any amateur service frequency above 420 MHz, and not
    below.[^114] This frequency limitation was adopted in 1985 to reduce
    potential interference from transmission of SS emissions.[^115] In
    1999, the Commission amended Section 97.311(c)[^116] to permit
    amateur stations greater flexibility in the types of SS emissions
    that could be transmitted, subject to transmitter power restrictions
    when the station is transmitting such emissions.[^117] The frequency
    bands authorized for transmission of SS emissions, however, were not
    changed. In the *NPRM,* the Commission sought comment on whether it
    should revise Section 97.305(c) of its rules to allow SS emission
    types to be transmitted on VHF frequencies, specifically, the 6 m,
    the 2 m, and part of the 1.25 m amateur service bands.[^118]

25. *Decision.* Based on the record before us, we believe that
    authorizing amateur stations to transmit SS emissions in the
    frequency segment 222-225 MHz is warranted. We agree with the
    commenters who support expanding frequencies available for spread
    spectrum to include the 222-225 MHz band because such expansion
    could increase experimentation[^119] and improve utilization of the
    band.[^120] Such a result would further the experimental purpose of
    the amateur service.[^121] Accordingly, we amend Section 97.305(c)
    to authorize amateur stations to transmit SS emission in the 222-225
    MHz frequency segment.

26. With respect to the 6 and 2 m bands, however, we conclude that
    authorizing SS transmissions is not warranted at this time and note
    that our decision is supported by the amateur radio community. As
    ARRL and others address in their comments, the 6 and 2 m bands are
    used extensively for weak signal communications over long
    propagation paths, and we are concerned about raising the noise
    floor in the band or otherwise hindering and/or adversely affecting
    experimentation.[^122] It appears that the 6 and 2 m bands also are
    heavily used for other types of communications,[^123] and that there
    are fewer opportunities for frequency reuse in these bands than in
    the 222-225 MHz frequency segment.[^124] The record also supports
    the view that if SS emissions were allowed in the 6 m band, these
    transmissions "may compromise safe operations of radio control model
    aircraft operating in this frequency band ... which could cause
    injury or damage if control were to be lost.\"[^125] Because of
    these concerns over the compatibility of SS emission types and other
    amateur radio operations in the 6 and 2 m band, we decline to
    authorize amateur stations to transmit SS emissions in the 6 and 2 m
    amateur service bands.

## Retransmission of Space Station Communications

27. *Background*. Currently, our rules prohibit amateur stations from
    retransmitting programs or signals emanating from any other type of
    radio station, with certain exceptions.[^126] One of these
    exceptions allows amateur stations to retransmit communications
    originating on United States Government frequencies between a space
    shuttle spacecraft and associated Earth stations.[^127] In the
    *NPRM,* the Commission sought comment on whether to revise Section
    97.113(e) of our Rules[^128] to allow amateur stations to retransmit
    communications from additional types of manned spacecraft, such as
    the International Space Station (ISS).[^129]

28. *Decision*. Based on our review of the record, we are persuaded that
    we should adopt the rule amendment as proposed. We agree with
    commenters who assert that because there is no distinction in the
    nature of communications between Earth stations and a space shuttle,
    and between Earth stations and the ISS, there should be no
    distinction in our treatment of retransmissions of these
    communications.[^130] We also agree that retransmissions of ISS
    communications will not cause any significant increase in harmful
    interference to other amateur stations' transmissions[^131] because
    few amateur station licensees appear interested in using their
    stations to re-transmit such communications. Moreover, we agree with
    ARRL that allowing retransmission of communications from the ISS, a
    permanent space structure, "resolves a technicality\" in the
    rules.[^132] Further, we agree that retransmission of space
    communications is a public service that may be used as an
    educational resource.[^133] Accordingly, we will revise Section
    97.113(e) of our Rules to allow amateur stations to retransmit
    communications from manned spacecraft originating on United States
    Government frequencies.

## Amateur Station Vanity Call Sign System

29. When an individual operator or amateur radio club is initially
    licensed, the Commission assigns the station call sign sequentially
    from an alphabetized list corresponding to the geographical region
    of the licensee's mailing address and the operator class of the
    licensee or trustee.[^134] A licensee may then request the
    assignment of a specific call sign, provided that the call sign is
    unassigned and otherwise available.[^135] This is known as a vanity
    call sign.[^136] Generally, a previously assigned call sign becomes
    available for reassignment as a vanity call sign two years after a
    license expires or is otherwise terminated, including by the death
    of the licensee.[^137] Applicants who are eligible to request a call
    sign prior to the call sign becoming available for assignment to
    other licensees include a former holder of a call sign, a relative
    of a deceased former holder of a call sign, or a club station's
    license trustee requesting a deceased member's call sign *in
    memoriam*.[^138]

30. [*In memoriam* provisions]{.underline}. *Background.* The procedures
    of the vanity call sign system provide that a club station's license
    trustee may, with written consent from a relative of a former
    member, request that a former member's call sign be assigned to the
    club before the call sign becomes generally available for assignment
    to other licensees.[^139] After receiving this consent, the trustee
    then applies for the call sign of the former member to be assigned
    as the call sign of the club station. Our current rules do not
    permit the licensee of an amateur station, while living, to
    designate the club that the licensee desires to apply for his or her
    call sign *in memoriam*. In the *NPRM,* the Commission sought
    comment on whether to revise Section 97.19(c)(3) of our Rules to
    allow currently licensed amateur radio operators to designate a
    specific amateur radio club to acquire their call sign *in
    memoriam*.[^140]

31. *Decision.* Based on our review of the record, we are persuaded that
    we should adopt the rule amendment as proposed. We concur with Mr.
    Johnston that the current rule excludes the most qualified person
    \-- the licensee \-- from expressing a desire as to which radio club
    should receive his or her call sign *in memoriam*,[^141] and we
    agree with other commenters that, because relatives may not be
    familiar with the amateur service or be able to make a decision with
    which the former licensee necessarily would agree,[^142] we should
    amend the rules to allow a licensee to express, *ante mortem*, his
    or her desire as to which radio club should receive his or her call
    signs *in memoriam*.[^143] Allowing the licensee him- or herself to
    express this preference would not render a Commission-assigned call
    sign chattel, as the ARRL argues,[^144] because a licensee-indicated
    preference would not, by itself, result in the transfer of the call
    sign to the designated club. For the club to receive the former
    member\'s call sign, the licensee must be the holder of the call
    sign at the time of his or her death, and the club station trustee
    must file an application requesting the call sign, which must be the
    first processable application that we receive.[^145] Additionally,
    we believe that allowing licensees to indicate which club they
    desire to receive their call sign *in memoriam* is consistent with
    the filing priorities already incorporated in the vanity call sign
    system as well as the Commission's determination to maintain a fair
    and equitable vanity call sign assignment system. Accordingly, we
    will amend Section 97.19(c)(3) as proposed.

32. [Multiple Applications]{.underline}. *Background.* As noted above,
    previously assigned call signs generally become available for
    reassignment as a vanity call sign two years after termination of
    the previous license. When multiple processable applications
    requesting the same vanity call sign as their first choice are
    received by the Commission on the same day, we use a lottery
    mechanism to select the first application to be processed.[^146]
    Under current Commission rules and procedures, an applicant seeking
    a vanity call sign is not precluded from filing multiple
    applications requesting the same vanity call sign, provided that the
    attendant filing fee is paid for each application filed.[^147] Thus,
    applicants who file multiple applications requesting the same vanity
    call sign as their first choice have a greater chance that one of
    their applications will be selected versus an applicant who files a
    single application. Applicants who file applications that do not
    receive a requested call sign are eligible to request a refund of
    the filing fee.[^148] In the *NPRM,* the Commission observed that
    some members of the amateur radio community believe that permitting
    multiple applications is inequitable and favors wealthy
    applicants.[^149] The *NPRM* sought comment on whether to revise
    Section 97.19(d)(1) to provide that we will consider only one
    application per applicant per vanity call sign on a receipt
    date.[^150]

33. *Decision.* The commenters support a prohibition against filing
    multiple applications for a specific vanity call sign.[^151] ARRL
    argues that filing multiple applications is \"a manipulative process
    that clearly should be discouraged.\"[^152] ARRL and others request,
    therefore, that we amend our rules to limit applicants to filing one
    application on any one day for one particular call sign.[^153] Mr.
    Gibson suggests that we accept for processing only the last-filed
    same-day application from an applicant, arguing that because the
    Universal Licensing System does not allow same-day changes to
    applications, accepting the last-filed application would allow
    applicants to make changes to earlier-filed applications.[^154]

34. We are persuaded that we should adopt rule amendments to discourage
    multiple vanity call sign applications, and we believe that a
    one-application-per-day-per-applicant rule, as requested by ARRL and
    others, will eliminate multiple applications requesting the same
    assignable call sign on the same day. We also note that limiting
    applicants to one application per day will not prevent an individual
    from requesting multiple vanity call signs *per se,* because an
    individual may request, in order of preference, up to twenty-five
    call signs on one application.[^155] To implement this rule, we will
    process only the first application received by our licensing system
    from an individual on a given receipt date. Additional vanity call
    sign applications received from the same licensee on the same day
    will be rejected. We believe that using these processing procedures
    will result in a more effective and equitable licensing mechanism
    for all applicants seeking to receive requested call signs and,
    additionally, will reduce the time and expense of processing vanity
    call sign applications and requests for refunds of fees associated
    with unsuccessful vanity call sign applications. Accordingly, we are
    amending Section 1.934 of our Rules[^156] to reflect that we will
    dismiss all but one application from an individual for a vanity call
    sign received on a particular receipt date. In addition, we are
    amending Section 97.19(d)(1) of our Rules[^157] to reflect that we
    will process only the first processable application received when we
    receive more than one vanity call sign application from an applicant
    on a given day.

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

35. *Background.* Section 97.303(g)(1) of our Rules prohibits amateur
    station operation in the 33 cm band (902-928 MHz) in certain areas
    of Colorado and Wyoming.[^158] In 1990, a partial waiver of this
    rule was granted, for an indefinite term, to permit amateur station
    operation on certain segments of the 33 cm band.[^159] The
    Commission determined, after consultation with Federal Government
    users of the spectrum, that amateur stations could use this limited
    portion of the 33 cm band without causing interference.[^160] In the
    *NPRM*, the Commission sought comment on whether it should amend
    Section 97.303(g)(1) to incorporate the terms of this waiver in our
    Rules, noting that regularizing the use of this portion of the 33 cm
    band in certain areas of Colorado and Wyoming and stating the
    allowable frequencies in the Commission's rules would increase
    awareness of the availability of these frequency segments for
    amateur station operation.[^161]

36. *Decision.* We agree with ARRL that updating Section 97.303(g)(1)
    would make the operating provision in Colorado and Wyoming better
    known to all amateur radio licensees, so more licensees may avail
    themselves of the ability to use these frequency segments.[^162]
    Accordingly, we revise Section 97.303(g)(1) as proposed.

## Space Station Launch Notification

37. *Background*. An amateur service space station is an amateur station
    that is located more than fifty kilometers above the Earth\'s
    surface.[^163] Amateur radio operators are authorized to transmit
    communications to and through space stations, subject to the
    privileges of the license the control operator holds.[^164]
    Currently, our rules require that the space station licensee file
    certain notifications with the International Bureau at least
    twenty-seven months and five months before the space station
    initiates transmissions.[^165] Our Rules also require that the space
    station licensee file notifications no later than seven days after
    the space station initiates transmissions, and no later than three
    months after termination of transmissions through the space
    station.[^166] In the *NPRM*, the Commission sought comment on
    whether it should amend Section 97.207 of our Rules to simplify the
    notification requirements.[^167] Specifically, the Commission sought
    comment as to whether it should require that pre-space notification
    be submitted within thirty days after the launch vehicle is
    determined, but no later than ninety days before the space station
    is integrated into the launch vehicle,[^168] and whether it should
    consolidate the notification requirements contained in Section
    97.207.[^169]

38. *Decision*. Based on our review of the record before us, we believe
    that revising the space station notification requirements is
    warranted. Comments support amending Section 97.207 of our
    Rules[^170] and indicate that for non-manned space flights, ninety
    days prior notification should not, by itself, pose a significant
    problem for or burden on licensees.[^171] ARRL argues that reducing
    prior notification for flights to ninety days could reduce the need
    for waivers because launch commitments for amateur service
    satellites rarely become known earlier than ninety days before the
    launch date.[^172] AMSAT requests, however, that we require, at
    most, a sixty-day notification for manned flights due to the \"fluid
    scheduling associated with such missions.\"[^173] We decline to
    adopt different notification requirements for space station
    operation of manned and unmanned space stations, because whether a
    space station is manned or unmanned is unrelated to the
    transmissions from the space station.[^174] Rather, whether a space
    station is manned or unmanned appears to relate more to the control
    methods available to the licensee that may be used to control the
    space station.[^175]

## Third Party Communications 

39. *Background.* Third party communications are messages from the
    control operator of an amateur station to another amateur station
    control operator on behalf of a third party.[^176] Typically, the
    third party is an individual who is not eligible to be the operator
    of an amateur station, either because the individual is not a
    licensee in the amateur service or because the individual does not
    hold an amateur radio operator license that permits the person to
    control an amateur station on the transmitting frequency in use. The
    third party is permitted to "participate in stating the message"
    unless he or she had an amateur license revoked or suspended.[^177]
    In the *NPRM,* the Commission sought comment on whether it should
    revise Section 97.115 of our Rules[^178] to add "a former licensee
    whose license was not renewed after a hearing" to the existing list
    of individuals who may not participate in the call.[^179] The
    Commission also proposed to clarify that only a station transmitting
    a RTTY or data emission may be automatically controlled while
    transmitting third party communications.[^180]

40. *Decision.* We agree with ARRL that an individual whose license is
    not renewed after a hearing is similarly situated to an individual
    whose license has been revoked,[^181] in that in both cases, the
    Commission rescinded formerly authorized operating authority, and
    that neither individual would be able to continue using amateur
    service frequencies for exchanging messages. Accordingly, we will
    revise the rule as proposed. Also, no commenter opposed the proposal
    to clarify that only a station transmitting a RTTY or data emission
    may be automatically controlled while transmitting third party
    communications. We believe that this amendment will simplify the
    rules and make them easier for licensees to understand and apply.
    Accordingly, we will amend Section 97.115 of our Rules to include
    third party communications transmitted by automatically controlled
    digital stations.

## Limitations Imposed on Manufacturers. 

41. *Background.* Currently, our rules prohibit commercial manufacturers
    from marketing RF power amplifiers that are capable of transmitting
    on the 12 m and 10 m[^182] amateur service bands,[^183] as a way to
    prevent use of these amplifiers by Citizens Band (CB) Radio Service
    users.[^184] In the *NPRM,* the Commission requested comment on
    whether it should amend Sections 97.315 and 97.317 of our
    Rules[^185] to clarify and simplify those restrictions.[^186]
    Specifically, the Commission requested comment on whether it should
    eliminate the disparate restrictions imposed on manufacturers (as
    compared to the restrictions imposed on amateur service licensees),
    whether it should allow manufacturers to market equipment in the
    United States that they may market overseas, and whether we should
    eliminate the requirements in our Rules[^187] that a manufacturer
    must design an amplifier to (1) use a minimum of fifty watts drive
    power and (2) not be capable of operating on any frequency between
    24 MHz and 35 MHz.[^188] Additionally, the Commission requested
    comment on whether it should eliminate the definition of an external
    RF power amplifier kit in Section 97.3(a)(19) of our Rules.[^189] In
    this regard, the Commission noted that an amateur radio operator may
    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, and that this rule has created
    uncertainty because 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.[^190]

42. *Decision.* We believe that clarifying and simplifying Sections
    97.315 and 97.317 of our Rules is warranted. We agree with ARRL that
    the requirements imposed on amateur radio operators by the current
    rule are unnecessary because, under the present rules, \"the
    equipment, once authorized, can be modified to transmit on all
    amateur service frequency allocations,\"[^191] and that revising the
    rule \"will enhance use of the 12 and 10 m amateur bands, and allow
    amateur radio operators to construct equipment without unnecessary
    restrictions.\"[^192] We also note that ARRL is correct when it
    observes that before a manufacturer could market an amplifier
    capable of transmitting on the 12 or 10 m amateur service
    band,[^193] it would need to have the amplifier certificated under
    our Part 2 equipment authorization rules.[^194] Other commenters
    also support revising the rule, arguing that eliminating the minimum
    fifty watt drive requirement may \"permit more flexibility in the
    operation of low powered transceivers\"[^195] or that it \"will
    reduce the cost and complexity of commercially produced amateur
    service amplifiers because manufacturers will not have to make a
    domestic model and an export model of the same product.\"[^196]

43. We also believe it is appropriate to revise our rules to allow
    manufacturers of amateur radio equipment to market RF power
    amplifiers that are capable of operating in the 12m and 10m amateur
    bands but still require that they design such products to avoid
    operation on CB Radio Service frequencies.[^197] We observe that
    since these rules were adopted, methods of preventing RF equipment
    from transmitting on frequencies other than those intended have been
    developed and we have approved amplifiers incorporating such
    limitations on transmit frequencies for use in the amateur
    service.[^198] We note, however, that the Commission still receives
    complaints of interference to television service that is
    attributable to overpower operation by CB radio operators. In order
    to prevent the use of amateur radio amplifiers by CB operators, we
    find that it is necessary to continue to require that manufacturers
    of amateur radio amplifiers design their products to avoid operation
    on the CB frequencies. We will, therefore, retain the requirement
    that amplifiers exhibit no amplification capability between 26 MHz
    and 28 MHz and require manufacturers to certify that amplifiers are
    not capable of amplification between 26 MHz and 28 MHz and are not
    easily modifiable to operate between 26 MHz and 28 MHz prior to the
    grant of an equipment certification.[^199] Accordingly, we will
    amend Sections 97.315 and 97.317 of our Rules to permit the
    marketing of linear amplifiers for use at amateur radio stations as
    discussed above, provided that the equipment complies with our
    rules.

44. We also concur with ARRL's assertion that the definition of an
    external RF power amplifier kit \"has always been difficult
    conceptually, as any collection of parts might be deemed a kit, even
    if the purpose of the collection was for a different device
    entirely.\"[^200] We agree that the definition can be applied to any
    collection of electronic parts and requires a determination of
    intent on the licensee's part and, therefore, is vague and does not
    serve the intended regulatory purpose. We also do not see any
    indication that RF amplifier kits are generally used on CB
    frequencies. Accordingly, we conclude that the definition of an
    external RF power amplifier kit is no longer needed in Part 97.

## Public Service Communications

45. *Background.* Currently, our Rules limit amateur station
    transmissions in support of relief actions to disaster situations
    when normal communications systems are overloaded, damaged or
    disrupted.[^201] In the *NPRM,* the Commission requested comment on
    whether it should clarify that amateur stations may, at all times
    and on all channels authorized to the control operator, make
    transmissions necessary to meet essential communications needs and
    to facilitate relief actions by amending Section 97.111(a) of our
    Rules[^202] to include these transmissions as an authorized
    transmission.[^203]

46. *Decision.* Based on our review of the record in this proceeding and
    our continuing efforts to ensure that reliable communications are
    available during emergencies and other times of crisis, we conclude
    that the public interest would be furthered by a decision not to
    place restrictions on the type of emergency communications that
    amateur stations may transmit, and that this proposed rule amendment
    should be adopted.[^204] In this connection, we recognize that one
    of the key purposes of the amateur service is providing emergency
    communications to the public.[^205] Further, we are concerned that
    general restrictions on emergency assistance by amateur radio
    operators may run counter to an important purpose of the amateur
    service and may adversely affect the current level of emergency
    communications by raising questions that might discourage turning to
    amateur radio in emergencies.[^206] Accordingly, we will revise
    Section 97.111(a) to clarify that amateur stations may, at all times
    and on all frequencies authorized to the control operator, make
    transmissions necessary to meet essential communication needs and to
    facilitate relief actions.

## Alaska Emergency Frequency

47. *Background.* Currently, Section 97.401(d) of our Rules[^207]
    authorizes an amateur station in Alaska, or at a location within
    92.6 kilometers of Alaska where we regulate the amateur service, to
    transmit communications during emergencies on 5.1675 MHz (the Alaska
    Emergency Frequency), but not communications for training drills and
    tests.[^208] In the *NPRM*, the Commission requested comment on
    whether it should also authorize an amateur station in or near
    Alaska to transmit communications during tests and drills on 5.1675
    MHz.[^209]

48. *Decision.* Based on the record before us, we believe allowing an
    amateur station in, or within 92.6 kilometers of, Alaska to transmit
    communications during drills and tests on 5.1675 MHz is warranted.
    We note that ARRL supports the proposed changes, stating that "the
    use of the frequency in Alaska is less valuable unless radio
    amateurs are prepared for its use in emergencies."[^210] In this
    regard ARRL argues that amateur stations conduct \"serious, and
    extremely professional emergency drills and tests,\" and this new
    authority would be of great value to the citizens of Alaska.[^211]
    Accordingly, we will revise our Rules to authorize amateur stations
    in or near Alaska to transmit communications for training drills and
    testing purposes on 5.1675 MHz, in addition to communications during
    emergencies, because we believe this change will enhance emergency
    communication capabilities, thus serving the public interest.

## Radio Amateur Civil Emergency Service (RACES)

49. *Background.* RACES was established in 1952.[^212] 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.[^213] Currently, Section 97.407(b) of our Rules
    authorizes RACES stations and amateur stations participating in
    RACES to transmit on certain specified frequency segments during
    periods of wartime emergency.[^214] Section 97.407(b) does not
    indicate, however, that such authorization is subject to procedures
    for the use and coordination of the radio spectrum during such
    emergencies specified in, among other places, Parts 201 and 214 of
    Title 47 of the Code of Federal Regulations.[^215] These procedures
    specify that during certain periods of wartime emergency,[^216] 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,[^217] and will authorize, modify,
    or revoke the continuance of all frequency authorizations issued by
    the Commission.[^218] 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.[^219] In the *NPRM*, the
    Commission sought comment on whether it should 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, in light of the authority presently granted the Director,
    OSTP.[^220]

50. *Decision.* Based on the record before us, we believe that deleting
    the frequency bands and segments specified for RACES stations is
    warranted. We agree with ARRL that, because the Director, OSTP has
    authority over RACES operations in terms of frequencies to be used,
    the specification of RACES bands during a wartime emergency is
    unnecessary and duplicative, and can be eliminated, provided that
    there is a cross-reference to Part 214 of the Commission's Rules in
    Section 97.407.[^221] Accordingly, we will revise Section 97.407(b)
    as proposed.

51. Mr. DiGennaro notes that local emergency management agencies look to
    the amateur service to provide essential communications and
    facilitate relief actions in times of emergencies.[^222] He believes
    the public interest would be better served if we "clarify the
    limitations imposed on an amateur station operating in RACES" and
    whether such limitations apply to all RACES operation or only when
    RACES operates after the Presidential War Emergency Powers have been
    invoked.[^223] Specifically, he argues that if the restrictions of
    Section 97.407(c) and (d)[^224] are interpreted to apply to all
    RACES operation, and not just when the Presidential War Emergency
    Powers have been invoked, then the rule should be revised because
    "\[t\]he current interpretation of the rules creates an environment
    of isolation between RACES and other amateur emergency entities
    \[that\] is not effective or efficient in serving the public
    interests."[^225] The *NPRM* did not propose changes to the
    communications RACES stations may transmit or the stations with
    which RACES stations may exchange messages. We therefore conclude
    that this proposal is beyond the scope of this proceeding. Moreover,
    we note that this proposed rule change would significantly alter the
    nature of RACES, which was originally envisioned to be a temporary
    service that would allow only RACES stations to continue radio
    communication for civil defense purposes when all amateur stations
    were directed to cease transmitting.[^226] In response to Mr.
    DiGennaro\'s request for clarification, we confirm that the
    restrictions of Section 97.407(c) and (d) apply to all RACES
    operation, and not only when the Presidential War Emergency Powers
    have been invoked.

52. Mr. DiGennaro also requests that we amend Section 97.113 our Rules,
    which prohibits "\[c\]ommunications for hire or for material
    compensation, direct or indirect, paid or promised," by amateur
    stations,[^227] to clarify that amateur licensees who, by virtue of
    their employment, are directly involved in facilitating relief and
    recovery in times of disaster are not prohibited from effecting
    emergency communications using amateur radio.[^228] We conclude that
    the proposed rule change is not necessary, however, because Section
    97.113 does not prohibit amateur radio operators who are emergency
    personnel engaged in disaster relief from using the amateur service
    bands while in a paid duty status.[^229] These individuals are not
    receiving compensation for transmitting amateur service
    communications; rather, they are receiving compensation for services
    related to their disaster relief duties and in their capacities as
    emergency personnel.[^230]

## Qualifying Examination System Rules

53. [Public announcement requirements]{.underline}*. Background.* In the
    *NPRM*, the Commission sought comment on whether to delete the
    requirement set forth in Section 97.509(a) of our Rules[^231] that
    volunteer examiners (VEs) administering examinations, or the VE
    session manager, must ensure that a public announcement is made
    giving the location and time of the examination session.[^232]
    Specifically, the Commission sought comment on whether it should
    eliminate Section 97.509(a), given that test locations and times are
    given adequate coverage on club and Volunteer-Examiner Coordinator
    (VEC) websites, in newsletters, and in other media, and that
    requiring public announcements serves no useful purpose when the
    examination location is not accessible to the general public (such
    as a military base).[^233]

54. *Decision.* We believe that deleting the requirement for public
    announcement of test locations and times is warranted based on the
    record before us. The National Conference of Volunteer Examiner
    Coordinators (NCVEC) supports the proposal, agreeing that adequate
    announcements are already on club and VEC websites, in newsletters
    and in other media.[^234] NCVEC also notes that public announcements
    could still be made; they just would not be required by our
    Rules.[^235] We are not persuaded by arguments in the record of this
    proceeding that public announcement is required \"to preclude
    private, unannounced examination sessions as a means of preventing
    abuses,"[^236] because there is no rule that prohibits VEs from
    arranging examination sessions on short notice or for only one or a
    few individuals. Additionally, because the rule does not require
    that \"public announcement\" be made at any particular time prior to
    an examination session, we are not persuaded by the argument that
    the requirement assists newcomers to become aware of examination
    opportunities.[^237] Rather, we believe that, because there are many
    other methods that newcomers may use to become aware of examination
    opportunities, such as club and VEC websites and newsletters, it is
    unnecessary to specify a particular method in the Part 97 rules.
    Accordingly, we will revise the rule as proposed. While we are
    eliminating the public announcement requirement from our Rules, we
    hereby clarify that VECs may require such an announcement in their
    individual programs as a condition of coordinating an examination
    session, if they so choose.[^238]

55. [Examination credit.]{.underline} *Background.* In the *NPRM*, the
    Commission sought comment on whether it should require VEs to give
    examination credit for the five words-per-minute (wpm) telegraphy
    examination element to an examinee who holds an expired Technician
    Class license document granted after February 14, 1991, and who also
    has documentation showing he or she has passed a telegraphy
    examination.[^239] Currently, Section 97.505(a)(9) of our
    Rules[^240] requires that VEs give this examination credit to an
    examinee who holds an expired Technician Class license document
    granted before February 14, 1991, but not to an examinee who holds
    an expired Technician Class license document granted after February
    14, 1991, and who also has documentation showing he or she has
    passed the telegraphy examination element.

56. *Decision.* We concur with commenters that giving telegraphy
    examination credit to an examinee who holds an expired Technician
    Class license document granted after February 14, 1991 and who has
    passed a telegraphy examination is warranted because these examinees
    have demonstrated the same level of competence as other former
    Technician Class examinees who passed the telegraphy examination,
    but who were licensed before February 14, 1991.[^241] Additionally,
    we agree with Mr. Mastro and NCVEC[^242] that we should extend
    examination credit for the telegraphy examination to General,
    Advanced, and Amateur Extra Class licensees who have allowed their
    licenses to expire, because they too have passed at least a five wpm
    telegraphy examination. Accordingly, we will revise Section
    97.505(a)(9) of our Rules to require telegraphy examination credit
    be given, in addition to examinees who hold an expired FCC-issued
    Technician Class operator license granted before February 14, 1991,
    to examinees who hold an expired FCC-issued Technician Class
    operator license granted after February 14, 1991 and present
    documentation showing they have passed a telegraphy examination, and
    to examinees who hold an expired General, Advanced, or Amateur Extra
    Class license document.

57. [Application submission deadlines]{.underline}*. Background.* In the
    *NPRM*, the Commission sought comment on whether it should eliminate
    from our Rules[^243] the mandated ten-day time period during which
    VEs and VECs must submit or forward applications for new or modified
    amateur operator licenses, in light of the requirement[^244] that
    VECs file these applications electronically with the
    Commission.[^245] Currently, Sections 97.509(m) and 97.519(b)
    require that application documents must be submitted within ten days
    of the examination to the VEC or to the Commission.[^246] The
    Commission also sought 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 to actual practices in the
    examination system.[^247]

58. *Decision*. NCVEC supports eliminating the mandated ten-day filing
    time rule, noting that VECs file applications electronically.[^248]
    ARRL opposes this proposal, arguing that we should retain mandated
    submission times because it \"still requires its VE teams to send
    hard copy documents to the ARRL-VEC before the examination session
    will be coordinated\" and that the present rule allows the ARRL-VEC
    to \"impress on the VE teams that they are in violation of FCC rules
    by taking more than ten days to remit the documents to the
    VEC.\"[^249] We have considered the comments regarding this proposal
    and conclude that there is no need for the ten-day filing time rule
    in Part 97. We clarify, however, that VECs may require VE teams to
    submit applications to them within a specified time period as a
    condition of coordinating an examination session.[^250] Regarding
    the argument that we should retain the rule so that VEs and VECs
    could not delay the process of submitting applications,[^251] we
    note that if this were to occur on a regular basis, a VEC could
    decertify the dilatory VE on the basis that the person is not
    competent to perform the VE function, pursuant to Section
    97.525(a)(3).[^252] Accordingly, we will revise Sections 97.509(m)
    and 97.519(b) as proposed.

59. With regard to the Commission\'s inquiry as to whether there are
    other unnecessary rules in the examination system that should be
    eliminated or conformed with actual practices in the examination
    system,[^253] NCVEC requests that we amend our Rules to require that
    Morse code tests use \"most, rather than all," of the letters in the
    alphabet as well as numbers and other characters, arguing that it is
    somewhat difficult to prepare a code test using all of the letters
    in the alphabet, numbers and other characters.[^254] We reject this
    suggestion. The term \"most\" is vague. Without further elaboration,
    we believe that the prudent course of action regarding this issue is
    to maintain the status quo. This belief is confirmed by the fact
    that VECs have been successfully preparing these examinations for
    over twenty years without unreasonable difficulty.

60. We also conclude that it is not necessary to amend our rules to
    allow use of documents other than licenses to grant examination
    credit, as suggested by NCVEC,[^255] because there is no rule that
    prohibits VEs from doing so. In this regard, we note that the
    Commission's rules require only that credit must be given if an
    examinee presents a license document; the rules do not prohibit VEs
    from accepting other documents that they believe credibly show that
    an examinee has held a particular class of operator license in the
    past. Further, we note that NCVEC states that all VECs currently
    accept *Callbook Magazine*[^256] and old databases to verify former
    licensure,[^257] thereby convincing us that such a rule amendment is
    not necessary at this time.

61. Additionally, we are updating additional rule sections to reflect a
    change in Commission organization.[^258] Specifically, we are
    revising Sections 97.103(c), 97.203(f), and 97.309(b) of the
    Commission's Rules[^259] to replace the term "Engineer-In-Charge\"
    (EIC) with \"District Director\" because the EIC function in the
    Enforcement Bureau (EB) is now performed by a District Director.

62. In summary, we believe that the public interest will be served by
    revising the amateur service rules as indicated above. We believe
    that these 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 and the
    public.

# PROCEDURAL MATTERS

## Final Regulatory Flexibility Certification. 

63. The Regulatory Flexibility Act of 1980, as amended (RFA),[^260]
    requires a 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."[^261] The RFA
    generally defines the term "small entity" as having the same meaning
    as the terms "small business," "small organization," and "small
    governmental jurisdiction."[^262] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^263] 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).[^264]

64. In this *Report and Order*, we amend the rules that specify how an
    individual who has qualified for an amateur service operator license
    can use an amateur radio station consistent with the basis and
    furthering the purpose of the amateur service.[^265] The amended
    rules apply exclusively to individuals who are licensees in the
    amateur radio service. Given the definition of a \"small
    entity,\"[^266] none of these individuals are small entities as the
    term is used in the RFA.

65. In addition, the amended rules reflected in this *Report and Order*
    potentially could affect manufactures of amateur radio equipment.
    Based on requests that the Commission has received for certification
    of amplifiers under Part 97 of the Rules,[^267] we estimate that
    there are between five and ten manufactures of amateur radio
    amplifiers and that by the relevant SBA standard[^268] none of these
    manufactures are small entities.[^269] We also note that the rule
    changes will apply to amateur radio licensees and control operators
    of amateur radio stations and will not have a necessary impact on
    manufactures of amplifiers that may be used at amateur radio
    stations. Therefore, we certify that the rules reflected in this
    *Report and Order* will not have a significant economic impact on a
    substantial number of small entities. The Commission will send a
    copy of the *Report and Order*, including a copy of this Final
    Regulatory Flexibility Certification, to the Chief Counsel for
    Advocacy of the SBA.[^270] This certification will also be published
    in the Federal Register.[^271]

## Paperwork Reduction Act of 1995 Analysis

66. This *Report and Order* has been analyzed with respect to the
    Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, and found
    to contain no information collection. In addition, it does not
    contain any new or modified "information collection burden for small
    business concerns with fewer than 25 employees," pursuant to the
    Small Business Paperwork Relief Act of 2002, Public Law 107-198,
    *see* 44 U.S.C. § 3506(c)(4).

## Congressional Review Act

67. The Commission will send a copy of this *Report and Order* in a
    report to be sent to Congress and the General Accounting Office
    pursuant to the Congressional Review Act, *see* 5 U.S.C. §
    801(a)(1)(A).

## Alternative Formats

68. To request materials in alternative formats for people with
    disabilities (Braille, large print, electronic files, audio format),
    send an e-mail to \<<FCC504@fcc.gov>\> or call the Consumer and
    Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
    (TTY). This *Report and Order* also may be downloaded from the
    Commission's web site at \<<http://www.fcc.gov/>\>.

69. For further information, contact William T. Cross, Mobility
    Division, Wireless Telecommunications Bureau, (202) 418-0620, or
    TTY (202) 418-7233.

# ORDERING CLAUSES

70. IT IS 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 *Report and Order* IS ADOPTED.

71. IT IS FURTHER ORDERED that Part 1, Part 2 and Part 97 of the
    Commission\'s Rules ARE AMENDED as specified in the Appendix,
    effective **\[30 days after publication in the Federal Register\]**.

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

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

**APPENDIX**

**RULE CHANGES**

Chapter 1 of Title 47 of the Code of Federal Regulations is 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 adding a new paragraph (d)(5) to read as
follows:

**§ 1.934 Defective applications and dismissal.**

\* \* \* \* \*

\(d\) \* \* \*

\(5\) It requests a vanity call sign and the applicant has pending
another vanity call sign application with the same receipt date.

\* \* \* \* \*

**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 footnotes US212
and US267 to read as follows:

**§ 2.106 Table of Frequency Allocation.**

\* \* \* \*

US212 In, or within 92.6 km (50 nautical miles) of, the State of Alaska,
the carrier frequency 5167.5 kHz (assigned frequency 5168.9 kHz) is
designated for emergency communications. This frequency may also be used
in the Alaska-Private Fixed Service for calling and listening, but only
for establishing communications before switching to another frequency.
The maximum power is limited to 150 watts peak envelope power (PEP).

\* \* \* \*

US267 In the band 902-928 MHz, amateur radio stations shall transmit
only 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°N. to 42°N. and longitude
103°W. to 108°W.

\* \* \* \* \*

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

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

\* \* \* \* \*

\(b\) 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 capable of operation
on any frequency or frequencies below 144 MHz unless the amplifier has
received a grant of certification in accordance with subpart J of this
part and other relevant parts of this chapter.  These amplifiers shall
comply with the following:

 

(1)  The external radio frequency power amplifier shall not be capable
of amplification in the frequency band 26-28 MHz. 

(2)  The amplifier shall not be capable of easy modification to permit
its use as an amplifier in the frequency band 26-28 MHz.

(3)  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. 

\(4\) If the external radio frequency power amplifier is intended for
operation in the Amateur Radio Service under Part 97 of this Part, the
requirements of Sections 97.315 and 97.317 of this chapter shall be 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, and emissions A1C, F1C,
F2C, J2C, J3C, and J2D having an occupied bandwidth of 500 Hz or less
when transmitted on an amateur service frequency below 30 MHz. 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 written statement of consent signed by either the licensee *ante
mortem* but who is now deceased or by at least one relative, as listed
above, of the person now deceased, the call sign shown on the license of
the 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 the Commission receives more than one
application requesting a vanity call sign from an applicant on the same
receipt day, the Commission will process only the first such application
entered into the Universal Licensing System. Subsequent vanity call sign
applications from that applicant with the same receipt date will not be
accepted.

\* \* \* \* \*

3\. Section 97.103 is amended by revising paragraph (c) to read as
follows:

**§ 97.103 Station licensee responsibilities.**

\*\*\*\*\*

\(c\) The station licensee must make the station and the station records
available for inspection upon request by an FCC representative. When
deemed necessary by a District Director to assure compliance with the
FCC Rules, the station licensee must maintain a record of station
operations containing such items of information as the District Director
may require in accord with §0.314(x) of the FCC Rules.

4\. 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.

\* \* \* \* \*

5\. 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.

\* \* \* \* \*

6\. 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.

\* \* \* \* \*

7\. 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.

\* \* \* \* \*

8\. Section 97.203 is amended by revising paragraph (f) to read as
follows:

**§ 97.203 Beacon station.**

\*\*\*\*\*

\(f\) A beacon must cease transmissions upon notification by a District
Director that the station is operating improperly or causing undue
interference to other operations. The beacon may not resume transmitting
without prior approval of the District Director.

\*\*\*\*\*

9\. 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 make the following
written notifications to the International Bureau, FCC, Washington, DC
20554.

\(1\) A pre-space notification within 30 days after the date of launch
vehicle determination, but no later than 90 days before integration of
the space station into the launch vehicle. The notification must be in
accordance with the provisions of Articles 9 and 11 of the International
Telecommunication Union (ITU) Radio Regulations and must specify the
information required by Appendix 4 and Resolution No. 642 of the ITU
Radio Regulations. The notification must also include a description of
the design and operational strategies that the space station will use to
mitigate orbital debris, including the following information:

\(i\) A statement that the space station licensee has assessed and
limited the amount of debris released in a planned manner during normal
operations, and has assessed and limited the probability of the space
station becoming a source of debris by collisions with small debris or
meteoroids that could cause loss of control and prevent post-mission
disposal;

\(ii\) A statement that the space station licensee has assessed and
limited the probability of accidental explosions during and after
completion of mission operations. This statement must include a
demonstration that debris generation will not result from the conversion
of energy sources on board the spacecraft into energy that fragments the
spacecraft. Energy sources include chemical, pressure, and kinetic
energy. 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 specifically disclosed in the application;

\(iii\) A statement that the space station licensee has assessed and
limited the probability of the space station becoming a source of debris
by collisions with large debris or other operational space stations.
Where a space station will be launched into a low-Earth orbit that is
identical, or very similar, to an orbit used by other space stations,
the statement must include an analysis of the potential risk of
collision and a description of what measures the space station operator
plans to take to avoid in-orbit collisions. If the space station
licensee is relying on coordination with another system, the statement
must indicate what steps have been taken to contact, and ascertain the
likelihood of successful coordination of physical operations with, the
other system. The statement must disclose the accuracy -- if any -- with
which orbital parameters of non-geostationary satellite orbit space
stations will be maintained, including apogee, perigee, inclination, and
the right ascension of the ascending node(s). In the event that a system
is not able to maintain orbital tolerances, *i.e.*, it lacks a
propulsion system for orbital maintenance, that fact should be included
in the debris mitigation disclosure. Such systems must also indicate the
anticipated evolution over time of the orbit of the proposed satellite
or satellites. Where a space station requests the assignment of a
geostationary-Earth orbit location, it must assess whether there are any
known satellites located at, or reasonably expected to be located at,
the requested orbital location, or assigned in the vicinity of that
location, such that the station keeping volumes of the respective
satellites might overlap. If so, the statement must include a statement
as to the identities of those parties and the measures that will be
taken to prevent collisions;

\(iv\) A statement detailing the post-mission disposal plans for the
space station at end of life, including the quantity of fuel -- if any
-- that will be reserved for post-mission disposal maneuvers. For
geostationary-Earth orbit space stations, the statement must disclose
the altitude selected for a post-mission disposal orbit and the
calculations that are used in deriving the disposal altitude. The
statement must also include a casualty risk assessment if planned
post-mission disposal involves atmospheric re-entry of the space
station. In general, an assessment should include an estimate as to
whether portions of the spacecraft will survive re-entry and reach the
surface of the Earth, as well as an estimate of the resulting
probability of human casualty.

\(v\) If any material item described in this notification changes before
launch, a replacement pre-space notification shall be filed with the
International Bureau no later than 90 days before integration of the
space station into the launch vehicle.

\(2\) An in-space station notification is required 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 is required 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.

10\. Section 97.301 is amended by:

a\. Revising the second and third entries to the table following

paragraph (b),

b\. Revising the second, third, ninth, and tenth entries to the

table following paragraph (c),

c\. Revising the second, third, fourth, fifth, tenth, and eleventh

entries to the table following paragraph (d), and by

d\. Revising the first, second, third, and fourth entries to the

table following paragraph (e).

The revisions 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 3.50‑3.60 3.50‑3.60 3.50‑3.60 (a)

75 m 3.60‑3.80 3.60‑4.00 3.60‑3.90 (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 3.525‑3.60 3.525‑3.60 3.525‑3.60 (a)

75 m 3.70‑3.80 3.70‑4.00 3.700‑3.90 (a)

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

15 m 21.025‑21.20 21.025‑21.20 21.025‑21.20

‑Do‑ 21.225‑21.45 21.225‑21.45 21.225‑21.45

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

\(d\) \* \* \*

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 3.525‑3.60 3.525‑3.725 3.525‑3.725 (a)

75 m ‑‑‑ 3.80‑4.00 3.80-3.90 (a)

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

‑Do‑ ‑‑‑ 7.175‑7.300 ‑‑‑ (a)

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

15 m 21.025‑21.20 21.025‑21.20 21.025‑21.20

‑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 3.525-3.60 3.525-3.60 3.525-3.60 (a)

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

15 m 21.025-21.20 21.025-21.20 21.025-21.20

10m 28.0-28.5 28.0-28.5 28.0-28.5

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

11\. 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°N. to 42°N. and longitude 103°W. to 108°W., an amateur
station may transmit in the 902 MHz to 928 MHz band only 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.

\* \* \* \* \*

12\. Section 97.305 is amended by revising paragraph (a) and the fifth,
sixth, seventh, eight, and twenty-sixth entries to the table following
paragraph (c) to read as follows:

**§ 97.305 Authorized emission types.**

\(a\) Except as specified elsewhere in this part, an amateur station may
transmit a CW emission on any frequency authorized to the control
operator.

\(b\) \* \* \*

\(c\) \* \* \*

Wavelength Frequencies Emission types Standards

band authorized See § 97.307(f),

(Paragraph)

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

HF

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

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

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

40 m 7.100-7.125 MHz RTTY, data \...\...\...\...\...\... (3), (9)

40 m 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)

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

13\. Section 97.309 is amended by revising paragraph (b) to read as
follows:

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

\*\*\*\*\*

\(b\) Where authorized by Sections 97.305(c) and 97.307(f) of this part,
a station may transmit a RTTY or data emission using an unspecified
digital code, except to a station in a country with which the United
States does not have an agreement permitting the code to be used. RTTY
and data emissions using unspecified digital codes must not be
transmitted for the purpose of obscuring the meaning of any
communication. When deemed necessary by an District Director to assure
compliance with the FCC Rules, a station must:

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

14\. Section 97.313 is amended by revising paragraph (c) introductory
text, (c)(1) and (c)(2) 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

\* \* \* \* \*

15\. Section 97.315 is revised 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.

16\. Section 97.317 is revised 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.

\(3\) Exhibit no amplification (0 dB gain) between 26 MHz and 28 MHz.

\(b\) Certification shall be denied when:

\(1\) The Commission determines the amplifier can be used in services
other than the Amateur Radio Service, or

\(2\) The amplifier can be easily modified to operate on frequencies
between 26 MHz and 28 MHz.

17\. Section 97.401 is revised to read as follows:

**§ 97.401 Operation during a disaster.**

A station in, or within 92.6 km (50 nautical miles) of, Alaska may
transmit emissions J3E and R3E on the channel at 5.1675 MHz (assigned
frequency 5.1689 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 PEP. 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.

18\. Section 97.407 is amended by removing paragraphs (b)(1), (2), and
(3), and revising paragraph (b) to read as follows:

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

\(a\) \* \* \*

\(b\) The frequency bands and segments and emissions authorized to the
control operator are available to stations transmitting communications
in RACES on a shared basis with the amateur service. In the event of an
emergency which necessitates invoking 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.

\* \* \* \* \*

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

**§ 97.505 Element credit.**

\(a\) \* \* \*

\(9\) An expired FCC-granted Technician Class operator license document
granted before February 14, 1991; an expired FCC-granted Technician
Class operator license document granted after February 14, 1991
accompanied by documentation showing the examinee has passed a
telegraphy examination; or an expired FCC-granted General, Advanced, or
Amateur Extra Class operator license document:

> Element 1.

\* \* \* \* \*

20\. 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 operator license, the administering VEs must submit the
application document to the coordinating VEC according to the
coordinating VEC's instructions.

21\. Section 97.519 is amended by revising paragraph (b) introductory
text 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:

\* \* \* \* \*

[^1]: Amendment of Part 97 of the Commission\'s Rules Governing the
    Amateur Radio Services, *Notice of Proposed Rulemaking and Order,*
    WT Docket No. 04-140, 19 FCC Rcd 7293 (2004) (*NPRM*)*.*

[^2]: *See id.* at 7294 ¶ 1 & n.2.

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

[^4]: 47 C.F.R Part 97.

[^5]: 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.

[^6]: An auxiliary station is an amateur station, other than in a
    message forwarding system, that is transmitting communications
    point-to-point within a system of cooperating amateur stations. 47
    C.F.R. § 97.3(a)(7).

[^7]: *See* 47 C.F.R. § 97.3(a)(2). The amateur service and the amateur
    satellite service are separate services in the international *Radio
    Regulations;* RACES is a domestic radio service using amateur
    stations for civil defense communications during periods of local,
    regional or national civil emergencies. *See World
    Radiocommunication Conference Final Acts (Geneva, 2003)*, Article
    25, 47 C.F.R. § 97.3(a)(37). Hereafter, the term \"amateur service\"
    is used to include all of the amateur radio services.

[^8]: *See* 47 C.F.R. § 97.3(a)(4).

[^9]: *See* 47 C.F.R. § 97.1.

[^10]: *See* 47 C.F.R. § 97.111(a)(1).

[^11]: *See* 47 C.F.R. § 97.401.

[^12]: *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 (1999) (*License Restructure
    Report and Order*) and *Errata*, April 19, 2000; *Memorandum Opinion
    and Order*, 16 FCC Rcd 8076 (2001). The rule changes adopted in the
    *License Restructure Report and Order* became effective April 15,
    2000.

[^13]: *See* *License Restructure Report and Order*, 15 FCC Rcd at 316 ¶
    3*.* Previously, the amateur service operator license structure
    consisted of six classes of operator licenses: the Novice,
    Technician, Technician Plus, General, Advanced, and Amateur Extra
    Class operator licenses. To transition to the three-class license
    structure, the Commission grandfathered then-current Novice,
    Technician Plus, and Advanced Class licensees, and decided that no
    new Novice or Advanced Class licenses would be issued. The
    Commission also decided to renew Technician Plus Class licenses as
    Technician Class licenses.

[^14]: *See id.* at 325 ¶ 17.

[^15]: *See id.*

[^16]: *See* *NPRM,* 19 FCC Rcd at 7300 ¶ 11.

[^17]: *See id.*

[^18]: *See id*.

[^19]: *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*).

[^20]: *See* *NPRM,* 19 FCC Rcd at 7294 ¶ 1.

[^21]: *See* 47 C.F.R. § 97.305.

[^22]: *See* 47 C.F.R. §§ 97.303(s), 97.305. In the 30 m amateur service
    band, an amateur station may transmit only narrow bandwidth emission
    types; in the 60 m amateur service band, amateur stations may
    transmit only voice communications using upper sideband, suppressed
    carrier emission.

[^23]: *See* 47 C.F.R. § 97.305. See 47 C.F.R. § 97.3(c) for definitions
    of terms used to indicate emission types. Amateur radio operators
    commonly refer to the segment of an amateur service band used for
    narrow bandwidth emission types as the \"CW segment\" of the band
    because this frequency segment is used for, among other things,
    Morse code telegraphy emissions. The frequency segment authorized
    for voice or image emissions is commonly referred to as the \"phone
    segment\" of the band.

[^24]: *See* 47 C.F.R. §§ 97.105(b), 97.301.

[^25]: *See* 47 C.F.R. §§ 97.301, 97.305.

[^26]: *See* 47 C.F.R. § 97.305(c).

[^27]: 47 C.F.R. § 97.301(b).

[^28]: 47 C.F.R. § 97.301(c).

[^29]: 47 C.F.R. § 97.301(d).

[^30]: *See* 47 C.F.R. § 97.305(c).

[^31]: 47 C.F.R. § 97.301(b), (c).

[^32]: 47 C.F.R. § 97.301(d).

[^33]: *See* 47 C.F.R. § 97.305(c).

[^34]: 47 C.F.R. § 97.301(b).

[^35]: 47 C.F.R. § 97.301(c).

[^36]: 47 C.F.R. § 97.301(d).

[^37]: Technician Class licensees who have received credit for passing a
    Morse code examination are referred to as "Technician Plus" Class
    licensees within the amateur radio community.

[^38]: 47 C.F.R. § 97.301(e). These licensees also are authorized to
    control an amateur station transmitting a RTTY or data emission on
    the 28,100-28,300 kHz frequency segment.

[^39]: *See* *NPRM,* 19 FCC Rcd at 7300 ¶ 11.

[^40]: *See* ARRL *Petition for Rulemaking*, RM-10413 (ARRL Petition) at
    5.

[^41]: *See* *NPRM,* 19 FCC Rcd at 7300 ¶ 11.

[^42]: \"Refarming\" is a term used in many comments to describe the
    re-allocation of frequency bands currently authorized to Novice and
    Technician Plus Class licensees to frequency bands that may be used
    to transmit voice communications.

[^43]: *See* *NPRM,* 19 FCC Rcd at 7300 ¶ 11.

[^44]: *See id.*

[^45]: *See id*.

[^46]: *See, e.g.,* ARRL Comments at 5-6; Timothy J. Peters Comments at
    1; Steve Joachim Comments at 1; Dale Gagnon Comments at 1; Frederick
    L. Stiles Comments at 1; Steve Bockman Comments at 1; William F.
    Klepser Comments at 1, Bill Kleronomos Comments at 1; Ron Pieman
    Comments at 1; Woodrow Olsen Comments at 1; James P. Wilhite
    Comments at 1.

[^47]: *See* Paul Courson Reply Comments at 1; Robert C. Stout Comments
    at 1.

[^48]: *See* Scott McMullen Comments at 1; Alvin Berglund Comments at 1.

[^49]: *See* ARRL Comments at 5-6.

[^50]: *See* Amendment of Part 97 of the Commission's Rules To Implement
    WRC-03 Regulations Applicable to Requirements for Operator Licenses
    in the Amateur Radio Service, *Notice of Proposed Rule Making and
    Order,* WT Docket No. 05-235, 20 FCC Rcd 13247, 13251 ¶ 8 (2005)
    (*WRC-03 Implementation NPRM*)*.*

[^51]: *See* 47 C.F.R. § 97.503. In the amateur service license
    structure, an individual advances to a higher class of operator
    license by passing examinations that demonstrate increased
    telegraphy proficiency and/or more technical expertise than what the
    individual's present license class requires.

[^52]: *See, e.g.,* Donald B. Chester Comments at 3; James P. Wilhite
    Comments at 1; Steve Bockman Comments at 1; Ron Pieman Comments at
    1.

[^53]: *See* David J. Humbertson Comments at 1; Paul Goodman Comments at
    1, John Fitzsimmons Comments at 1; Robert S. Greenstein Comments at
    1.

[^54]: *See* Donald B. Chester Comments at 3; Paul Goodman Comments at
    1; David J. Humbertson Comments at 1; Steve Bockman Comments at 1;
    Tony M. Cypert Comments at 1; Michael K. Wingfiels Comments at 1.

[^55]: *See* Karl W. Zuege Comments at 1.

[^56]: *See* Dale Gagnon Comments at 1.

[^57]: *See* David J. Humbertson Comments at 1; *see also* Dale Gagnon
    Comments at 1; John Fitzsimmons Comments at 1.

[^58]: *See* Tony M. Cypert Comments at 1; *see also* Paul Courson Reply
    Comments at 3.

[^59]: *See* Dale Gagnon Comments at 1.

[^60]: *See also* Donald B. Chester Comments at 3, noting that this
    division would result in two hundred channels for stations
    transmitting telegraphy and other narrowband emissions and one
    hundred thirty three channels for stations transmitting voice and
    other wideband emissions.

[^61]: 47 C.F.R. § 97.301(b).

[^62]: *See NPRM,* 19 FCC Rcd at 7300 ¶ 11.

[^63]: *See* para. 9, *supra.*

[^64]: *See* David Drumheller Comments at 1.

[^65]: *See* William F. Osler Comments at 1.

[^66]: *See* Paul F. Bransztet, Jr. Comments at 1.

[^67]: *See* John S. Rippey Comments at 1; Karl W. Zuege Comments at 1.
    We note that the Commission's rules currently authorize these
    licensees voice privileges on the 28,300-28,500 kHz frequency
    segment. *See* 47 C.F.R. § 97.305(c).

[^68]: *See* William F. Osler Comments at 1.

[^69]: Duane Mantick Comments at 5.

[^70]: *See id.* at 3.

[^71]: *See id.* at 6.

[^72]: Emission type F2C (Facsimile (FAX)) is an image emission type
    using frequency modulation of the main carrier. *See* 47 C.F.R. §§
    2.201, 97.3(c)(3).

[^73]: "Harmful interference" is interference that 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.

[^74]: *See* 47 C.F.R. § 97.1(b).

[^75]: *See* 47 C.F.R. § 97.305(c).

[^76]: *See* 47 C.F.R. § 97.307(f).

[^77]: *See* *NPRM,* 19 FCC Rcd at 7302 ¶ 16.

[^78]: See 47 C.F.R. §§ 2.201, 2.202 for the rules that apply to
    emission types. A1C signifies double-sideband facsimile
    transmissions on a single channel containing quantized or digital
    information without the use of a modulating sub-carrier, excluding
    time-division multiplex. F2C signifies frequency-modulated facsimile
    transmissions on a single channel containing quantized or digital
    information with the use of a modulating sub-carrier, excluding
    time-division multiplex.

[^79]: *See* *NPRM,* 19 FCC Rcd at 7302 ¶ 16.

[^80]: *See* *id.*

[^81]: *See, e.g.,* Reed E. Triplett Comments at 1.

[^82]: *See*, *e.g.,* Michael K. Flowers Comments at 1.

[^83]: *See* 47 C.F.R. § 97.305(c).

[^84]: *See* ARRL Comments at 8.

[^85]: *See, e.g.,* Reed E. Triplett Comments at 1; Donald E. Dallmann
    Comments at 2; Woodbury Pride Comments at 1; Jack Heller Comments at
    1; Arthur J. Trenchi Comments at 1; Mark Miller Reply Comments at 1.
    J2C (facsimile or FAX) is an image emission type that uses single
    sideband suppressed carrier modulation of a single channel
    containing digital information. J3C (FAX) is an image emission type
    that uses single sideband suppressed carrier modulation of a single
    channel containing analog information. *See* 47 C.F.R. §§ 2.201,
    97.3(c).

[^86]: *See* Jan A. Tarsala Comment at 2. In MFSK, a transmitter shifts
    between multiple pre-determined frequencies to transmit information.

[^87]: *See* ARRL Comments at 8-9.

[^88]: *See* Mark Miller Reply Comments at 1.

[^89]: Separation of emission types by bandwidth minimizes or reduces
    interference because it protects narrow signals from interference
    from wide signals. Amateur licensees have accepted this division of
    spectrum as a method for minimizing interference for as long as the
    amateur service has been regulated, and no commenter in this
    proceeding requests eliminating emission segmentation based on
    bandwidth.

[^90]: *See* 47 C.F.R. §§ 97.305(c), 97.307(f)(3)-(8), (13).

[^91]: A "message forwarding system" is a "voluntary, cooperative,
    interactive arrangement" of amateur stations 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." 47 C.F.R. § 97.3(a)(31). Examples of amateur
    service message forwarding systems include linked repeater systems
    and packet radio message forwarding systems.

[^92]: *See* 47 C.F.R. § 97.3(a)(7).

[^93]: *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. *Id.*

[^94]: "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.

[^95]: *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 F.C.C. 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,* PR Docket 85-1215, 60 Rad. Reg. 2d (P & F) 249 (1986).

[^96]: 47 C.F.R. § 97.201(b).

[^97]: Such an exclusion would protect amateur radio satellites that
    receive communications (uplink) in the 145.8-146.0 MHz frequency
    segment.

[^98]: *See* *NPRM,* 19 FCC Rcd at 7305 ¶ 22. Kenwood argued 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.

[^99]: *See id*.

[^100]: *See* *id*.

[^101]: *See* Daniel Monge Comments at 1; Ken Rogers Comments at 1; John
    McCabe Comments at 1; William F. Osler Comments at 1; ARRL Comments
    at 10; Marcial D. Sorrel Comments at 1; Richard Illaman Comments at
    1.

[^102]: *See* Daniel Monge Comments at 1; Ken Rogers Comments at 1; John
    McCabe Comments at 1; William F. Osler Comments at 1.

[^103]: *See* ARRL Comments at 10.

[^104]: *See* Marcial D. Sorrel Comments at 1; Ken Rogers Comments at 1;
    Richard Illaman Comments at 1; John McCabe Comments at 1.

[^105]: *See* John McCabe Comments at 1.

[^106]: *See* ARRL Comments at 10; John McCabe Comments at 1.

[^107]: *See* Richard Linder Comments at 1.

[^108]: *See* Bruce Ferry Comments at 1.

[^109]: *See* William Tynan Comments at 3; Richard Linder Comments at 1;
    Bruce Ferry Comments at 1.

[^110]: *See* William F. Osler Comments at 1.

[^111]: *See* John McCabe Comments at 1.

[^112]: *See* 47 C.F.R. § 97.101(d).

[^113]: *See* John McCabe Comments at 1*. See also,* 47 C.F.R. §
    97.313(a).

[^114]: *See* 47 C.F.R. § 97.305(c). A spread spectrum system is an
    information bearing communications system in which information is
    conveyed by modulation of a carrier by some conventional means, and
    the bandwidth is deliberately widened by means of a spreading
    function over that which would be needed to transmit the information
    alone. *See* 47 C.F.R. § 2.1.

[^115]: *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, 101 FCC
    2d 419 (1985).

[^116]: *See* 47 C.F.R. § 97.311(c).

[^117]: *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, 15 FCC Rcd 1481 (1999).

[^118]: *See* *NPRM,* 19 FCC Rcd at 7307 ¶ 25. The 6 m band is located
    at 50-54 MHz; the 2 m band is located at 144-148 MHz; and the
    affected part of the 1.25 m band is located at 222-225 MHz.

[^119]: *See* ARRL Comments at 11; Patrick Jankowiak Comments at 1.

[^120]: *See* Steven R. Sampson Comments at 1; ARRL Comments at 11;
    Richard Illaman Comments at 1; Bruce Ferry Comments at 1.

[^121]: *See* 47 C.F.R. § 97.1.

[^122]: *See* ARRL Comments at 11; Richard Illaman Comments at 1;
    William Tynan Comments at 3.

[^123]: *See* Richard Linder Comments at 1.

[^124]: *See* ARRL Comments at 11.

[^125]: *See* George W. Slad Comments at 1. Radio control model aircraft
    may be operated on amateur service frequencies pursuant to Section
    97.215 of our Rules, 47 C.F.R. § 97.215.

[^126]: *See* 47 C.F.R. § 97.113(e).

[^127]: *See id.* Prior approval for shuttle retransmissions must be
    obtained from the National Aeronautics and Space Administration.
    *Id.*

[^128]: 47 C.F.R. § 97.113(e).

[^129]: *See* *NPRM,* 19 FCC Rcd at 7312 ¶ 38.

[^130]: *See* ARRL Comments at 12; Jet Propulsion Laboratory Amateur
    Radio Club Comments at 2.

[^131]: *See* ARRL Comments at 12; Patrick Jankowiak Comments at 1.

[^132]: *See* ARRL Comments at 12. The exception for retransmitting
    space shuttle communications was adopted in 1989. *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 4719, 5073 ¶ 7 (1989). The ISS commenced operation in
    2000. Thus, there is no reason to believe that the Commission
    intended to exclude the ISS from the rule permitting retransmission
    of space shuttle communications.

[^133]: *See* Richard Illman Comments at 1; Jet Propulsion Laboratory
    Amateur Radio Club Comments at 1.

[^134]: *See* 47 C.F.R. § 97.3(a)(11)(i). This is known as the
    sequential call sign system.

[^135]: *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); *Second Memorandum Opinion and Order*, 11 FCC Rcd 5283
    (1996).

[^136]: *See* 47 C.F.R. § 97.3(a)(11)(ii). In addition to sequential and
    vanity call signs, the amateur radio community administers a system
    for assigning "special event" call signs. *See* 47 C.F.R. §
    97.3(a)(11)(iii).

[^137]: *See* 47 C.F.R. § 97.19(c).

[^138]: *See* 47 C.F.R. § 97.19(c)(3). 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.

[^139]: *Id.*

[^140]: *See* *NPRM,* 19 FCC Rcd at 7317 ¶ 51.

[^141]: *See* John B. Johnston Comments at 2.

[^142]: *See* Robert G. Rightsell Comments at 6.

[^143]: *See* Richard B. Blanchard Comments at 1; Robert G. Rightsell
    Comments at 6.

[^144]: *See* ARRL Comments at 14.

[^145]: *See* 47 C.F.R. § 97.19(c)(3); *see also* John B. Johnston Reply
    Comments at 1.

[^146]: *See* 47 U.S.C. § 309(i).

[^147]: *See* 47 C.F.R. § 97.19(b).

[^148]: *See* 47 C.F.R. § 1.1160.

[^149]: *See* *NPRM,* 19 FCC Rcd at 7318 ¶¶ 53-54.

[^150]: *Id.* at 7318 ¶ 54.

[^151]: *See, e.g.,* Robert G. Rightsell Comments at 6; William F.
    Klepser Comments at 1; Francis A. Dohanich Comments at 1.

[^152]: *See* ARRL Comments at 16.

[^153]: *See* ARRL Comments at 16; Richard B. Blanchard Comments at 1;
    Ernest C. Bennett Comments at 1; Alvin Berglund Comments at 1. The
    commenters argue that such a rule would prevent "gaming of the
    system" because applicants could always file multiple applications
    with different unassignable call signs as the first choice on each
    application, and then request the desired call sign repetitively
    listed as the second choice on each application.

[^154]: *See* Comment of Dean Gibson at 1.

[^155]: *See* 47 C.F.R. § 97.19(d). Regarding Mr. Gibson's concern that
    this rule would prevent an applicant from changing his or her
    preference list of call signs or correcting a typographical error
    once the application is submitted, we note that an applicant in such
    a situation can delete the first-filed application, whereupon he or
    she will be able to file another vanity call sign application that
    day.

[^156]: 47 C.F.R. § 1.934.

[^157]: 47 C.F.R. § 97.19(d)(1).

[^158]: *See* 47 C.F.R. § 97.303(g)(1); *see also* 47 C.F.R. § 2.106
    n.US267. The purpose of the restriction is to prevent interference
    to certain federal Government operations.

[^159]: *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, 3041 ¶ 4 (PRB/CE
    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 in the restricted area).

[^160]: *Id.*

[^161]: *See* *NPRM,* 19 FCC Rcd at 7324 ¶ 68.

[^162]: *See* ARRL Comments at 17.

[^163]: *See* 47 C.F.R. § 97.3(a)(40). To date, amateur space stations
    have been either satellites in low earth orbit or stations aboard
    the space shuttles or the International Space Station.

[^164]: *See* 47 C.F.R. §§ 97.207(a), 97.209(a).

[^165]: *See* 47 C.F.R. § 97.207(g).

[^166]: *See* 47 C.F.R. § 97.207(h), (i).

[^167]: *See NPRM,* 19 FCC Rcd at 7327 ¶ 76.

[^168]: *See id.*

[^169]: *See id*. The Commission also sought comment on what actions it
    should take if it is presented with an orbital debris mitigation
    plan that is deficient in some way as to the debris mitigation
    practices of an amateur service space station. *Id.* at 7327 ¶ 77.
    We note that the issue of orbital debris mitigation plans was
    addressed last year and, therefore, the issue raised in the *NPRM*
    is moot. *See* Mitigation of Orbital Debris, *Second Report and
    Order*, IB Docket No. 02-54, 19 FCC Rcd 11567 (2004), *recon.
    pending*.

[^170]: *See* AMSAT Comments at 3; ARRL Comments at 18.

[^171]: *See* AMSAT Comments at 4.

[^172]: *See* ARRL Comments at 19 (noting that amateur service
    satellites invariably fly as secondary payloads).

[^173]: *See* AMSAT Comments at 3.

[^174]: We note that both manned and unmanned space stations may
    transmit, among other things, voice, image, and data communications
    to Earth stations. *See* 47 C.F.R. § 97.307(c).

[^175]: *See* 47 C.F.R. § 97.207(b).

[^176]: *See* 47 C.F.R. § 97.3(a)(46).

[^177]: *See* 47 C.F.R. § 97.115(b)(2).

[^178]: *See* 47 C.F.R. § 97.115.

[^179]: *See* *NPRM,* 19 FCC Rcd at 7329 ¶ 84.

[^180]: *Id*.

[^181]: *See* ARRL Comments at 20-21.

[^182]: The 12 m band is 24.89-24.99 MHz and the 10 m band is 28.0-29.7
    MHz.

[^183]: *See* 47 C.F.R. §§ 2.815(b), 2.1060(c), 97.315, 97.317. We note
    that the rules do not impose a similar limitation on amateur service
    licensees who build, modify, purchase, use or otherwise obtain an RF
    power amplifier, or prohibit commercial manufacturers from marketing
    RF power amplifiers capable of transmitting on the 12 m and 10 m
    amateur service bands to amateur radio operators in foreign
    countries.

[^184]: *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
    F.C.C. 2d 939, 940 ¶¶ 5-10 (1978). Section 95.411 of our Rules, 47
    C.F.R. § 95.411, prohibits, under any circumstances, an individual
    from attaching to a CB transmitter an external RF power amplifier or
    any device capable of amplifying the transmitter\'s output.

[^185]: 47 C.F.R §§ 97.315, 97.317.

[^186]: *See* *NPRM,* 19 FCC Rcd at 7329 ¶ 85.

[^187]: *See* 47 C.F.R § 97.317(a)(3), (b), (c).

[^188]: *See* *NPRM,* 19 FCC Rcd at 7329 ¶ 85.

[^189]: 47 C.F.R § 97.3(a)(19); *see* *NPRM,* 19 FCC Rcd at 7330 ¶ 86.
    An external RF power amplifier kit is defined as \"a number of
    electronic parts which, when assembled, is an external RF power
    amplifier, even if additional parts are required to complete
    assembly.\" 47 C.F.R § 97.3(a)(19).

[^190]: *See* *NPRM,* 19 FCC Rcd at 7330 ¶ 86.

[^191]: *See* ARRL Comments at 21; *see also* Ken Rogers Comments at 1.

[^192]: *See* ARRL Comments at 21.

[^193]: *See* ARRL Comments at 21; 47 C.F.R. § 95.315(a).

[^194]: 47 C.F.R. Part 2, Subpart J.

[^195]: *See* Albert J. Schramm Comments at 1.

[^196]: *See* Timothy J. Peters Comments at 1.

[^197]: *See, e.g.,* Steve Sims Comments at 1; Chuck Adkins Comments at
    1; Neil J. Nitzberg Comments at 1.

[^198]: *See*, *e.g.,* ACOM International, Inc. Approval FCC ID:
    OITAA2000.

[^199]: *See* 47 C.F.R. § 0.111(a)(4). *See, e.g.,* Hightech CB Shop,
    *Forfeiture Order;* File No. EB-05-TP-066, 20 FCC Rcd 12514 (EB
    2005); Eugene Dezanett d.b.a. Pro Class Electronics, *Citation*,
    File No. EB-05-NY-045 (EB rel. Mar. 8, 2005); Russell A. Sims, Jr.,
    *Notice of Apparent Liability for Forfeiture*, File No. EB-04-TP-499
    (EB rel. July 25, 2005); Chad Jolley, *Citation*, File No.
    EB-05-AT-023 (EB rel. Oct. 14, 2005).

[^200]: *See* ARRL Comments at 21.

[^201]: *See* 47 C.F.R. § 97.401(a).

[^202]: *See* 47 C.F.R. § 97.111(a).

[^203]: *See* *NPRM,* 19 FCC Rcd at 7331 ¶ 87.

[^204]: *See* ARRL Comments at 23.

[^205]: *See* 47 C.F.R. § 97.1(a).

[^206]: *See* ARRL Comments at 22.

[^207]: *See* 47 C.F.R. § 97.401(d).

[^208]: *See* Amendment of the rules to implement changes in the Alaska
    Fixed Service, PR Docket No. 83-464, *Report and Order*, FCC 84-379,
    49 Fed. Reg. 32194 (1984); *see also* Amendment of the Rules
    Governing the Maritime Radio Services, *Report and Order*, PR Docket
    No. 85-145, 60 Rad. Reg. 2d (P & F) 1550, 51 Fed. Reg. 31213 (1986)
    (Alaska Fixed Service incorporated into the Maritime Radio
    Services).

[^209]: *See* *NPRM,* 19 FCC Rcd at 7331 ¶ 88.

[^210]: *See* ARRL Comments at 23.

[^211]: *See id*.

[^212]: *See* Providing a Radio Amateur Civil Emergency Service,
    *Memorandum Opinion and Order*, Docket No. 10102, 42 F.C.C. 224
    (1952). Frequency segments for this service were established in
    cooperation with the Civil Defense Administration. *See* Frequencies
    Available For Amateur Participation In Civil Defense Communication,
    *Public Notice*, FCC 51-35 (rel. January 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>.

[^213]: *See* RACES *Public Notice* at 1; *see also* 47 C.F.R. §
    97.407(b).

[^214]: *See* 47 C.F.R. § 97.407(b).

[^215]: *See* 47 C.F.R. Parts 201, 214.

[^216]: *See* 47 U.S.C. § 606.

[^217]: *See* 47 C.F.R. § 201.3(g).

[^218]: *See* 47 C.F.R. § 214.4(a), (b)(1).

[^219]: *See* 47 C.F.R. § 214.5(a), (b).

[^220]: *See* *NPRM,* 19 FCC Rcd at 7332 ¶ 90.

[^221]: *See* ARRL Comments at 23.

[^222]: *See* Nelson DiGennaro Comments at 2.

[^223]: *See id.* at 2-3.

[^224]: 47 C.F.R. § 97.407(c), (d). Section 97.407(c) permits RACES
    station to communicate only with an amateur station registered with
    a civil defense organization or stations authorized by the FCC or
    the United States Government to communicate with RACES stations.
    Section 97.407(d) permits an amateur station registered with a civil
    defense organization to communicate only with a RACES station
    licensed to that civil defense organization and other stations as
    authorized by an official of that civil defense organization.

[^225]: *See* Nelson DiGennaro Comments at 2.

[^226]: *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, 350 ¶ 61 (1999) (*Biennial
    Review*). We note that a similar proposal requesting that Section
    97.407 be amended to permit intercommunication between RACES
    participants and other amateur stations actively providing
    communications related to an emergency or disaster situation was
    rejected on the grounds that the proposal conflicted with the
    intended purpose of RACES. *See* Amendment of Parts 2 and 97 of the
    Commission's Rules Governing the Amateur Service to Authorize
    Operations on Additional Frequency Bands in American Samoa, *Order*,
    14 FCC Rcd 20595, 20602 ¶ 14 (WTB PSPWD 1999) (*1999 Order*). We
    also note that the Commission has decided to phase out RACES station
    licenses by granting no new licenses and not renewing current
    licenses. *Biennial Review*, 15 FCC Rcd at 350-51 ¶¶ 61-63. The
    Commission concluded that RACES station licenses are unnecessary for
    amateur stations and amateur service licensees to provide emergency
    communications, and duplicate the communications that primary, club,
    and military recreational stations are authorized to transmit. *Id.*
    Consequently, any subsequent petition suggesting this or similar
    amendments to the RACES rules should explain why current
    circumstances warrant reevaluation of this issue.

[^227]: *See* 47 C.F.R. § 97.113(a)(2); *see also* 47 C.F.R. §
    97.113(a)(2) (prohibiting "\[c\]ommunications in which the station
    licensee or control operator has a pecuniary interest, including
    communications on behalf of an employer").

[^228]: *See* Nelson DiGennaro Comments at 3-4.

[^229]: *See* *1999 Order*, 14 FCC Rcd at 20600 ¶ 9.

[^230]: *Id.*

[^231]: *See* 47 C.F.R. § 97.509(a).

[^232]: *See* *NPRM,* 19 FCC Rcd at 7332 ¶ 91.

[^233]: *Id.*

[^234]: *See* NCVEC Comments at 5.

[^235]: *See id.*

[^236]: *See* ARRL Comments at 23-24; Dean Gibson Comment at 2; Puerto
    Rico Amateur Radio League Comments at 3.

[^237]: *See* ARRL Comments at 23-24.

[^238]: *See* Bruce Moyer Comments at 1.

[^239]: *See* *NPRM,* 19 FCC Rcd at 7333 ¶ 92.

[^240]: *See* 47 C.F.R. § 97.505(a)(9).

[^241]: *See* William F. Klepser Comments at 1; Puerto Rico Amateur
    Radio League Comments at 3-4.

[^242]: *See* James Mastro Comments at 1; NCVEC Comments at 5.

[^243]: *See* 47 C.F.R. §§ 97.509(m), 97.519(b).

[^244]: *See* 47 C.F.R. § 97.519(b)(3).

[^245]: *See* *NPRM,* 19 FCC Rcd at 7333 ¶ 93.

[^246]: *See* 47 C.F.R. §§ 97.509(m), 97.519(b).

[^247]: *See* *NPRM,* 19 FCC Rcd at 7333 ¶ 93.

[^248]: NCVEC Comments at 6.

[^249]: ARRL Comments at 24.

[^250]: *See* Bruce Moyer Comments at 1.

[^251]: *See* Timothy J. Peters Comments at 1; Puerto Rico Amateur Radio
    League Comments at 3.

[^252]: 47 C.F.R. § 97.525(a)(3).

[^253]: *See* Timothy J. Peters Comments at 1; Puerto Rico Amateur Radio
    League Comments at 3.

[^254]: *See* NCVEC Comments at 6.

[^255]: *See id.* at 7.

[^256]: *Callbook Magazine* is a directory listing each amateur radio
    operator\'s call sign, name, address, and class of operator license.

[^257]: *See id.*

[^258]: *See NPRM*, 19 FCC Rcd at 7335 ¶ 96.

[^259]: 47 C.F.R. §§ 97.103(c), 97.203(f), 97.309(b).

[^260]: *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).

[^261]: *See* 5 U.S.C. § 605(b).

[^262]: *See* 5 U.S.C. § 601(6).

[^263]: *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."

[^264]: *See* 15 U.S.C. § 632.

[^265]: *See* 47 C.F.R. § 97.1

[^266]: *See* para. 63 *supra.*

[^267]: *See* Office of Engineering and Technology Equipment
    Authorization database.

[^268]: *See* 13 C.F.R. § 121.201.

[^269]: *See* NAICS code 334310.

[^270]: *See* 5 U.S.C. § 605(b).

[^271]: *See id.*