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 Federal  Communications  Commission  FCC  06-  149 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Part  97  of  the  Commissions  Rules  Governing  the  Amateur  Radio  Services 


 Amendment  of  Section  97.111  of  the  Amateur  Radio  Service  Rules  to  Limit  Transmissions  of 
 Information  Bulletins 
 Conforming  Amendments  to  Part  97  of  the  Commissions  Rules  to  Implement  the  World 
 Radio  Conference  1997  Final  Acts 
 Amendment  of  Part  97  to  Provide  Color-  coded  License  Documents 


 Amendment  of  Part  97  to  Allow  Instant  Temporary  Licensing 
 Amendment  of  the  Amateur  Service  Rules  to  Limit  One  Way  Voice  Broadcasting  on 
 Frequencies  Allocated  to  the  Amateur  Service 
 Amendment  of  Sections  97.111  and  97.113  of  the  Commissions  Rules  to  Curb  Certain 
 Abuses  in  the  Amateur  Radio  Service 
 Amendment  of  Section  97.3(  a)(  26)  to  Establish  Two  Classifications  of  Information  Bulletins 


 Amendment  of  Section  97.305(  c)  to  Authorize  Image  Emissions  in  Additional  High  Frequency 
 Segments 


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 WT  Docket  No.  04-  140 
 RM-  10313,  RM-  10352,  RM-  10353,  RM-  10354,  RM-  10355,  RM-  10412, 
 RM-  10413,  RM-  10492,  RM-  10521,  RM-  10582,  RM-  10620,  RM-  10621 


 REPORT  AND  ORDER 
 Adopted:  October  4,  2006  Released:  October  10,  2006 
 By  the  Commission: 
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 Federal  Communications  Commission  FCC  06-  149 
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 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 


 I.  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 


 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. 
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 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. 
 II.  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. 
 III.  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 


 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). 
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 (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) 
 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. 
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 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 


 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. 
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 operating  interests  and  license  classes.  48  We  are  persuaded,  however,  by  ARRLs  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 


 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  Commissions  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  individuals  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. 
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 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  Commissions  Rules.  61 


 12.  Regarding  the  division  among  license  classes  of  the  spectrum  on  which  we  today  authorize  phone  emissions,  we  adopt  the  Commissions  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  Commissions  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  Commissions  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  Commissions  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 


 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. 
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 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.  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 
 67  See  John  S.  Rippey  Comments  at  1;  Karl  W.  Zuege  Comments  at  1.  We  note  that  the  Commissions  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). 
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 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 
 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). 
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 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.  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 


 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. 
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 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  Commissions  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 
 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  Commissions  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. 
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 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.  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 


 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). 
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 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. 


 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. 
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 B.  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. 
 C.  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  licensees  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 


 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. 
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 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  stations  license  trustee  requesting  a  deceased 
 members  call  sign  in  memoriam.  138 
 30.  In  memoriam  provisions.  Background.  The  procedures  of  the  vanity  call  sign  system  provide  that  a  club  stations  license  trustee  may,  with  written  consent  from  a  relative  of  a 


 former  member,  request  that  a  former  members  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 


 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. 
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 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  Commissions  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.  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 


 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. 
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 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. 
 D.  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  Commissions  rules  would  increase  awareness  of  the  availability  of  these  frequency  segments  for 
 amateur  station  operation.  161 


 155  See  47  C.  F.  R.    97.  19(  d).  Regarding  Mr.  Gibsons  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. 
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 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. 


 E.  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 


 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). 
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 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 
 F.  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. 


 G.  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 


 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. 
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 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 


 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  Commissions  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). 
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 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  ARRLs  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  licensees  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. 


 H.  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, 


 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. 
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 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. 
 I.  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 
 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. 
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 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. 
 J.  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 


 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. 
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 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  Commissions  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 


 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  Commissions  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  Commissions  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. 
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 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 
 K.  Qualifying  Examination  System  Rules 
 53.  Public  announcement  requirements.  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 


 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. 
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 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.  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. 


 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. 
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 57.  Application  submission  deadlines.  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 


 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. 
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 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  Commissions  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  Commissions  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. 


 V.  PROCEDURAL  MATTERS 
 A.  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 
 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 


 (continued....) 
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 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 


 B.  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). 
 C.  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). 


 (...  continued  from  previous  page)  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. 
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 D.  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  Commissions  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. 


 VI.  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  Commissions  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 
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 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). 
 *  *  *  * 
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 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. 
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 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. 
 ***** 
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 (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)  *  *  * 
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 (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 
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 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  spacecrafts  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. 
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 (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  MHz  MHz  MHz  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  MHz  MHz  MHz  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) 
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 *  *  *  *  *  *  *  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  MHz  MHz  MHz  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  MHz  MHz  MHz 


 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- 
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 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) 
 *  *  *  *  *  *  * 
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 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. 
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 (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. 
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 (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  VECs  instructions. 
 21.  Section  97.519  is  amended  by  revising  paragraph  (b)  introductory  text  to  read  as  follows: 
   97.519  Coordinating  examination  sessions. 
 *  *  *  *  * 
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 (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: 
 *  *  *  *  * 
45