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 FEDERAL  COMMUNICATIONS  COMMISSION  FCC  04-  79 
 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  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 


 NOTICE  OF  PROPOSED  RULEMAKING  AND  ORDER 
 Adopted:  March  31,  2004  Released:  April  15,  2004 
 Comment  Date:  June  15,  2004  Reply  Comment  Date:  June  30,  2004 


 By  the  Commission: 
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 TABLE  OF  CONTENTS 
 Paragraph 
 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY.........................  1 
 II.  BACKGROUND  .....................................................................................................................................  4 
 III.  DISCUSSION  .........................................................................................................................................  6  A.  Amateur  Station  Frequency  Privileges  .............................................................................................  6 
 1.  High  Frequency  Privileges  ..........................................................................................................  7  2.  Very  High  Frequency  Privileges  ...............................................................................................  17 
 3.  Medium  Frequency  Privileges...  26  B.  Station  Operation  Standards................................  35 
 C.  Amateur  Station  Call  Sign  Systems................................................................................................  48  1.  Vanity  Call  Sign  System  ...........................................................................................................  48 
 2.  Special  Event  Call  Sign  System................................................................................................  55  D.  Field  Repair  Requirements  for  Equipment  ......................................................................................  58 
 E.  Unlicensed  Operation  in  the  420-  450  MHz  Band...........................................................................  61  F.  Station  Identification  .......................................................................................................................  64 
 G.  Amateur  Station  Operation  on  the  902-  928  MHz  Band  ..................................................................  67  H.  Color  Coded  Amateur  Radio  Licenses  ............................................................................................  69 
 I.  Instant  Licensing  ..............................................................................................................................  71  J.  Space  Station  Launch  Notification  ..................................................................................................  73 
 K.  Examination  Credit  for  Merit  and  Service.......................................................................................  78  L.  Commission  Proposals  and  Order....................................................................................................  83 


 IV.  PROCEDURAL  MATTERS...............................................................................................................  102 
 V.  ORDERING  CLAUSES.......................................................................................................................  112  APPENDICES 


 Appendix  A:  Proposed  rule  changes  Appendix  B:  List  of  commenters 
 Appendix  C:  Adopted  rule  changes 
 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 1.  In  this  Notice  of  Proposed  Rulemaking  (Notice),  we  propose  to  revise  operating  privileges  for  amateur  radio  service  licensees  as  well  as  to  eliminate  obsolete  and  duplicative 


 rules  in  the  Amateur  Radio  Service.  Specifically,  we  propose  to  amend  the  Part  97  Amateur  Radio  Service  rules  1  in  response  to  the  filing  of  nineteen  petitions  for  rulemaking  and  one 
 informal  request  (collectively  petitions).  2  Four  petitions  address  on-  the-  air  operating  privileges 
 1  See  47  C.  F.  R.  Part  97. 
 2  See  Kenwood  Communications  Corporation,  Inc.,  Petition  for  Rulemaking  (filed  May  1,  2001)  (Kenwood 
 Petition);  Mr.  Jeffery  T.  Briggs  and  Mr.  William  R.  Tippett  II,  Petition  for  Rulemaking  (filed  Sep.  10,  2001)  (160  m  Petition);  The  Quarter  Century  Wireless  Association,  Inc.,  Petition  for  Rulemaking  (filed 


 Dec.  17,  2001)  (QCWA  Petition);  Mr.  John  S.  Rippey,  Petition  for  Rulemaking  (filed  Dec.  27,  2001)  (Rippey  Petition);  NASA  John  H.  Glenn  Research  Center  Amateur  Radio  Club,  Petition  for  Rulemaking 
 (filed  Dec.  27,  2001)  (Glenn  Petition);  Mr.  Nickolas  E.  Leggett,  Petition  for  Rulemaking  (filed  Feb.  11,  2002)  (Leggett  Petition);  American  Radio  Relay  League,  Inc.,  Petition  for  Rulemaking  (filed  Mar.  22, 
 (continued....) 
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 for  amateur  service  licensees.  3  Six  petitions  relate  to  the  types  of  communications  an  amateur  station  may  transmit.  4  Three  petitions  concern  the  vanity  call  sign  and  special  event  call  sign 
 systems.  5  Two  petitions  focus  on  the  amateur  service  operator  licensing  system.  6  Because  some  of  the  petitions  have  presented  sufficient  evidence  to  warrant  proposing  rule  changes,  and  in  the 
 interest  of  administrative  efficiency,  we  have  consolidated  these  matters  in  this  Notice.  We  also  propose,  on  our  own  motion,  other  amendments  to  our  Rules  to  conform  the  amateur  radio 
 service  rules  to  the  international  Radio  Regulations,  7  revise  portions  of  our  amateur  radio  service  rules,  and  amend  certain  rules  to  reflect  changes  in  Commission  organization  and  practices. 


 2.  The  major  rule  changes  we  propose  today  are  as  follows: 
 .  Revise  the  operating  privileges  8  of  amateur  radio  operators  in  four  High  Frequency  bands; 


 .  Permit  auxiliary  stations  to  transmit  on  the  2  m  amateur  service  band; 
 .  Permit  amateur  stations  to  transmit  spread  spectrum  communications  on  the  1.25  m  band; 


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


 (...  continued  from  previous  page)  2002)  (ARRL  Petition);  Mr.  Robert  H.  Birdsey,  Petition  for  Rulemaking  (filed  Mar.  19,  2002)  (Birdsey 
 Petition);  Dr.  Michael  C.  Trahos,  Petition  for  Rulemaking  (filed  Jan.  2,  2002)  (Trahos  Petition);  Messers.  Marvin  W.  Edwards,  Frank  A.  Lynch,  and  C.  Norman  Young,  Jr.,  Petition  for  Rulemaking  (filed  Sep.  10, 
 2002)  (Edwards  Petition);  Radio  Amateur  Satellite  Corporation,  Petition  For  Rule  Making  (filed  Dec.  2,  2002)  (AMSAT  Petition);  Mr.  John  J.  Elengo,  Petition  for  Rulemaking  (filed  Apr.  11,  2002)  (Elengo 
 Petition);  Mr.  Bob  Sherin,  Notice  of  Inquiry  (filed  Jan.  30,  2003)  (Sherin  Petition);  Mr.  Phillip  E.  Galasso,  Petition  For  Rule  Making  (filed  Feb.  12,  2003);  Mr.  Dale  E.  Reich,  Petition  For  Rules  Change  (filed  Nov. 
 14,  2002);  Mr.  Dale  E.  Reich,  Petition  For  Rule  Change  (filed  Dec.  4,  2002);  Mr.  Dale  E.  Reich,  Petition  For  Rule  Change  (filed  Dec.  10,  2002);  Mr.  Jonathan  S.  Gunn,  Petition  For  Rule  Making  (filed  Jan.  22, 
 2003)  (Gunn  Petition);  Mr.  Mark  Miller,  Petition  For  Rule  Making  (filed  Feb.  25,  2003)  (Miller  Petition);  Mr.  Peter  Chadwick,  April  9,  2001  e-  mail  ITU-  R  Recommendation  SM.  329  (Chadwick  Request). 
 3  See  Kenwood  Petition,  160  m  Petition,  ARRL  Petition,  Rippey  Petition. 
 4  See  Glenn  Petition,  Birdsey  Petition,  Elengo  Petition,  Gunn  Petition,  Galasso  Petition,  Sherin  Petition. 
 5  See  ARRL  Petition,  QCWA  Petition,  Edwards  Petition. 
 6  See  Reich  Petition  (Nov.  14,  2002),  Reich  Petition  (Dec.  4,  2002). 
 7  See  Final  Acts  of  the  World  Radiocommunication  Conference  (WRC-  97),  Geneva,  1997,  and  Final  Acts  of 
 the  World  Radiocommunication  Conference  (WRC-  2000),  Istanbul,  2000,  (Radio  Regulations);  Chadwick  Request. 


 8  In  the  amateur  service,  operating  privileges  generally  refer  to  the  frequency  bands  available  to  the 
 control  operator  of  an  amateur  station  and  to  the  emission  types  an  amateur  station  may  transmit. 
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 .  Eliminate  unnecessary  restrictions  imposed  on  certain  equipment  manufacturers; 
 .  Allow  amateur  radio  stations  in  or  near  Alaska  more  flexibility  in  providing  emergency  communications;  and 


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


 II.  BACKGROUND 
 4.  Our  Rules  define  the  Amateur  Radio  Service  as  a  radiocommunication  service  for  the  purpose  of  self-  training,  intercommunication  and  technical  investigations  carried  out  by  amateur 


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


 5.  The  Radio  Regulations  require  operators  of  stations  in  the  amateur  service  to  be  licensed.  15  Over  time,  the  number  of  operator  license  classes  has  varied  from  three  16  to  six.  17  As 


 9  See  47  C.  F.  R.    2.1(  c),  97.  3(  a)(  4). 
 10  See  47  C.  F.  R.    97.  1.  The  purpose  of  the  amateur  service  includes  recognition  and  enhancement  of  the 
 value  of  the  amateur  service  to  the  public  as  a  voluntary  noncommercial  communications  service,  continuation  of  the  amateurs  proven  ability  to  contribute  to  the  advancement  of  the  radio  art;  expansion  of 


 the  existing  reservoir  of  trained  operators,  technicians,  and  electronic  experts;  and  continuation  of  the  amateurs  unique  ability  to  enhance  international  goodwill.  47  C.  F.  R.    97.1(  a)-(  e). 
 11  See  47  U.  S.  C.    153(  2);  47  C.  F.  R.    2.  1(  c),  97.  3(  a)(  4),  97.  113. 
 12  See  47  C.  F.  R.    97.1. 
 13  See  47  C.  F.  R.    97.111(  a)(  1). 
 14  See  47  C.  F.  R.    97.401. 
 15  See  Radio  Regulation  S25.6. 
 16  See  Amendment  of  Part  12,  Rules  Governing  Amateur  Radio  Service,  Docket  9295,  Report  and  Order, 
 42  FCC  198  (1951)  (1951  License  Structure  Decision).  At  that  time,  the  Commission  converted  the  three  classes  of  amateur  service  operator  licenses,  the  Class  A,  B,  and  C  operator  licenses,  to  the  Advanced  Class 


 and  the  General  or  Conditional  Class  operator  licenses,  respectively.  The  1951  License  Structure  Decision  added  the  Novice,  Technician,  and  Amateur  Extra  operator  licenses  classes  to  the  amateur  service  license 
 structure.  After  adoption  of  the  1951  License  Structure  Decision,  the  amateur  service  operator  license  (continued....) 
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 a  licensee  advances  to  each  successive  class,  the  licensee  earns  more  frequency  privileges.  18  In  1999,  the  Commission  adopted  the  License  Restructure  Report  and  Order  which  substantially 
 simplified  the  amateur  service  operator  license  structure  and  examination  system.  19  Although  the  Commission  retained  incentives  in  the  license  structure,  such  as  additional  frequency  privileges,  it 
 declined  to  consider  a  comprehensive  restructuring  of  operating  privileges.  20  The  Commission  concluded  that  because  simplifying  the  license  structure  was  independent  of  restructuring 
 operating  privileges,  21  the  amateur  service  community  should  have  an  opportunity  to  weigh  in  on  such  revisions  before  the  Commission  considers  a  comprehensive  restructuring  of  operating 
 privileges.  22  Some  of  the  petitions  represent  efforts  within  the  amateur  service  community  to  restructure  operating  privileges  for  such  licensees.  On  the  basis  of  the  petitions  before  us,  we 
 conclude  that  a  comprehensive  restructuring  of  operating  privileges  is  now  ripe  for  consideration. 
 III.  DISCUSSION 
 A.  Amateur  Station  Frequency  Privileges. 
 6.  Background.  Our  Rules  authorize  amateur  stations  to  transmit  communications  and  other  radio  frequency  emissions  in  certain  frequency  bands.  23  The  class  of  operator  license 


 determines  the  frequency  band,  or  segment  of  a  frequency  band,  on  which  an  amateur  station  may  transmit.  24  There  are  six  classes  of  amateur  service  operator  license  grants  currently  recognized 
 under  our  Rules.  25  Among  other  privileges,  our  Rules  permit  a  station  controlled  by  a  Novice  Class  licensee  or  a  Technician  Class  licensee  who  has  received  credit  for  passing  a  Morse  code 
 examination  26  to  transmit  a  CW  emission  27  on  the  3675-  3725  kHz,  7100-  7150  kHz,  and  21100-21200  kHz  frequency  segments  and  a  CW,  RTTY,  and  data  emissions  on  the  28100-  28300  kHz 


 (...  continued  from  previous  page)  classes,  in  ascending  order  of  frequency  privileges,  were:  Novice,  Technician,  Conditional  and  General, 
 Advanced,  and  Amateur  Extra  Class.  17 
 The  Commission  added  a  sixth  operator  license,  the  Technician  Plus  Class  operator  license,  in  1994.  See  Amendment  of  the  Amateur  Service  Rules  to  Change  Procedures  for  Filing  an  Amateur  Service  License 


 Application  and  to  Make  Other  Procedural  Changes,  Order,  9  FCC  Rcd  6111  (1994).  18 
 See  47  C.  F.  R.    97.301.  19 
 See  1998  Biennial  Regulatory  Review  --  Amendment  of  Part  97  of  the  Commission's  Amateur  Service  Rules,  Report  and  Order,  WT  Docket  No.  98-  143,  15  FCC  Rcd  315,  316    3  (1999)  (License  Restructure  Report  and 


 Order),  which  reduced  to  three  the  number  of  amateur  service  operator  licenses  for  which  an  individual  may  qualify  (the  Technician  Class,  General  Class,  and  Amateur  Extra  Class  operator  licenses)  and  reduced 
 the  number  of  examination  elements  from  eight  to  four.  20 
 See  47  C.  F.  R.    97.  301,  97.  305.  21 
 See  License  Restructure  Report  and  Order,  15  FCC  Rcd  at  325    17.  22 
 See  id.  23 
 See  47  C.  F.  R.    97.301.  24 
 See  47  C.  F.  R.    97.9(  a).  25 
 See  id.  26 
 Technician  Class  licensees  who  have  received  credit  for  passing  a  Morse  code  examination  are  known  within  the  amateur  service  community  as  Technician  Plus  Class  licensees. 


 27  We  define  a  CW  emission  as  International  Morse  code  telegraphy  emissions  having  certain  emission 
 designators.  See  47  C.  F.  R.    97.  3(  c)(  1). 
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 frequency  segment.  28  Moreover,  our  Rules  permit  a  station  controlled  by  a  General  Class  licensee  to  transmit  phone  emissions  on  the  3850-  4000  kHz,  7225-  7300  kHz,  and  21300-  21450 
 kHz  frequency  segments.  29  Additionally,  a  station  controlled  by  an  Advanced  Class  licensee  may  transmit  phone  emissions  on  the  3775-  4000  kHz  and  7150-  7300  kHz  frequency  segments  of  the 
 75  m  and  40  m  bands.  30  Finally,  our  Rules  permit  an  amateur  station  controlled  by  an  Amateur  Extra  Class  licensee  to  transmit  phone  emissions  on  the  3750-  4000  kHz  and  7150-  7300  kHz 
 frequency  segments  of  the  75  m  and  40  m  bands.  31  As  discussed  in  further  detail  below,  four  petitioners  request  that  we  change  the  operator  privileges  authorized  Novice  Class,  certain 
 Technician  Class,  General,  Advanced,  and  Amateur  Extra  Class  amateur  radio  operators  on  the  High  Frequency  (HF),  Very  High  Frequency  (VHF)  and  Medium  Frequency  (MF)  amateur 
 service  bands.  32 
 1.  High  Frequency  Privileges. 
 7.  ARRL  Petition.  Background.  On  March  22,  2002,  the  ARRL  requested  that  we  eliminate  the  telegraphy  frequency  segments  currently  authorized  to  Novice  and  Technician  Plus 


 Class  licensees,  and  to  restructure  the  operating  privileges  authorized  licensees  in  certain  HF  amateur  service  bands.  33  The  ARRL  based  its  request  on  over  4,700  responses  to  a  survey  it 
 conducted  regarding  different  emission  subband  options  for  four  of  the  eight  HF  amateur  service  bands.  34  The  ARRL  notes  that  while  the  survey  results  did  not  reflect  a  consensus  on  any  one  HF 
 band  frequency  alternative,  35  most  respondents  favored  dissolving  the  Novice  and  Technician  Plus  Class  telegraphy  subbands  so  that  additional  spectrum  could  be  authorized  for  phone 
 communications.  36  The  ARRL  requests  the  Commission  to  amend  Section  97.301  of  its  Rules  to  expand  the  frequency  segments  of  the  80-,  40-,  and  15  m  HF  amateur  service  bands  that  licensees 
 may  use  for  phone  communications.  37  The  ARRL  states  that  a  refarming  plan  based  on  eliminating  the  Novice  and  Technician  Plus  Class  subbands  is  critical  because  the  segments 
 presently  authorized  for  phone  and  digital  communications  are  severely  overcrowded.  38 
 8.  Specifically,  the  ARRL  Petition  seeks  the  following:  (1)  Novice  and  Technician  Plus  Class  licensees  should  be  authorized  to  control  an  amateur  station  transmitting  in  any  portion  of 


 the  80-,  40-  and  15  m  amateur  service  bands  that  provide  for  telegraphy  operation  by  General 


 28  47  C.  F.  R.    97.301(  e). 
 29  47  C.  F.  R.    97.301(  d). 
 30  47  C.  F.  R.    97.301(  c). 
 31  47  C.  F.  R.    97.  301(  b).  All  frequency  segments  refer  to  ITU  Region  2  authorizations. 
 32  The  MF  amateur  service  bands  are  between  300  kHz  and  3,000  kHz.  The  HF  amateur  service  bands  are 
 between  3000  kHz  and  30,  000  kHz.  The  VHF  amateur  service  bands  are  between  30  MHz  and  300  MHz.  See  47  C.  F.  R.    2.101. 


 33  See  ARRL  Petition  at  5. 
 34  See  id.  at  6-  8. 
 35  See  id.  at  7. 
 36  See  id.  at  7. 
 37  See  id.  at  9. 
 38  See  id.  at  5. 
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 Class  licensees.  39  The  ARRL  also  requests  that  we  authorize  these  licensees  to  control  an  amateur  station  transmitting  CW,  RTTY  and  data  emissions  in  the  28000-  28300  kHz  frequency 
 segment  of  the  10  m  band;  40  (2)  General  Class  licensees  should  be  authorized  to  control  an  amateur  station  transmitting  voice  communications  on  the  3800-  4000  kHz,  7175-  7300  kHz  and 
 21275-  21450  kHz  frequency  segments;  41  (3)  Advanced  Class  licensees  should  be  authorized  to  control  an  amateur  station  transmitting  voice  communications  on  the  3750-  4000  kHz  and  7125- 
 7300  kHz  frequency  segments;  42  and  (4)  Amateur  Extra  Class  licensees  should  be  authorized  to  control  an  amateur  station  transmitting  voice  communications  on  the  3725-  4000  kHz  and  7125- 
 7300  kHz  frequency  segments.  43 
 9.  Discussion.  The  Commission  received  over  one  hundred  and  twenty  comments  regarding  the  ARRLs  Petition.  Several  commenters  express  general  support  for  the  ARRLs 


 refarming  request.  44  Other  commenters  also  note  that  the  Novice  Class  subbands  are  underutilized  thus  agreeing  with  the  ARRLs  request  that  we  reallocate  these  subbands  to  other 
 uses.  45  Other  commenters  supporting  the  ARRLs  request  suggest  that  we  either  establish  different  frequency  limits  for  the  phone  subbands,  46  reallocate  the  Novice  subband  spectrum  for 
 only  digital  and  experimental  communications,  47  allow  Novice  and  Technician  Plus  Class  licensee  use  of  CW  in  all  HF  and  MF  bands,  48  or  allow  Novice  and  Technician  Plus  Class 
 licensee  use  of  all  narrowband  digital  modes  in  addition  to  CW  in  80-,  40-,  15-,  and  10  m  bands.  49  As  an  alternative  to  the  ARRLs  request,  two  commenters  suggest  that  we  eliminate  subbands 
 altogether  and  allow  the  amateur  service  community  to  address  emission  separation  on  its  own  through  voluntary  band  planning.  50  This  suggestion,  we  note,  was  opposed  by  others.  51 


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


 40  See  id.  at  12. 
 41  See  ARRL  Petition  at  9-  12. 
 42  See  ARRL  Petition  at  9-  12. 
 43  See  ARRL  Petition  at  9-  12. 
 44  See,  e.  g.,  Richard  Fowler  Comments  at  1,  William  R.  Tippett  Comments  at  1,  Jeffery  T.  Briggs 
 Comments  at  1,  Neil  J.  Nitzberg  Comments  at  1,  Wayne  C.  Klusman  Comments  at  1,  Frederick  C.  Gantzer  Comments  at  1,  Ed  Murphy  Comments  at  1,  Thomas  F.  Giella  Comments  at  1,  William  R.  Tippett  Reply 


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


 46  See,  e.  g.,  Donald  B.  Chester  Comments  at  2,  Alan  J.  Wormser  Comments  at  1,  Howard  Parrish,  Jr., 
 Comments  at  1,  John  L.  Barber  Comments  at  1,  James  l.  Burke  Comments  at  1.  47 
 See,  e.  g.,  Timothy  J.  Fiebig  Comments  at  3,  Scott  D.  Hernalsteen  Comments  at  1,  Brian  P.  Burke  Comments  at  2,  Timothy  J.  Fiebig  Reply  Comments  at  2,  Hans  Brakob  Reply  Comments  at  1,  ADC 


 Telecommunications  Amateur  Radio  Club  Reply  Comments  at  1,  Mark  Spatny  Comments  at  1,  Nickolaus  E.  Leggett  Comments  at  1,  C.  K.  Brakob  Comments  at  1. 
 48  See  James  Miccolis  Comments  of  at  1. 
 49  See,  e.  g.,  Alan  J.  Wormser  Comments  at  1,  Jim  Evans  Comments  at  1,  William  F.  Osler  Comments  at  1. 
 50  See  Donald  B.  Chester  Comments  at  1-  2,  Philip  E.  Galasso  Comments  at  1. 
 51  See  William  R.  Tippett  Reply  Comments  at  1,  John  S.  Rippey  Reply  Comments  at  1. 
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 10.  On  the  other  hand,  some  commenters  oppose  the  request  explaining  that  the  current  allocation  of  spectrum  for  voice  communications  is  sufficient.  52  Two  commenters  in  particular 
 state  that  allocating  additional  spectrum  for  single  sideband  (SSB)  phone  communications  is  spectrum-  inefficient.  53  Others  oppose  the  request  explaining  they  would  prefer  allocation  of  the 
 spectrum  for  digital  and  experimental  communications,  54  or  that  Novice  and  Technician  Plus  Class  licensees  receive  authorization  to  transmit  CW  in  all  HF  and  MF  bands.  55  In  addition,  some 
 commenters  believe  that  the  proposal  will  not  have  any  significant  effect  on  congestion  in  the  amateur  service  phone  bands,  56  or  that  the  request  for  refarming  of  the  amateur  service 
 frequencies  should  wait  until  after  completion  of  the  World  Radio  Conference  in  June  2003.  57 
 11.  As  an  initial  matter,  we  applaud  the  efforts  of  the  ARRL  in  developing  emission  subband  options  58  and  presenting  these  options  to  the  amateur  service  community.  59  We  believe 


 that  the  tremendous  volume  of  survey  responses  indicates  intense  interest  on  the  part  of  the  amateur  service  community  to  promote  spectrum  efficiency.  Because  the  ARRL  Petition 
 addresses  the  operating  privileges  of  all  classes  of  licensees  on  these  amateur  service  bands,  we  believe  that  the  ARRL  Petition  provides  a  basis  for  a  comprehensive  restructuring  of  operating 
 privileges.  We  note  that,  as  proposed,  no  licensees  would  lose  any  spectrum  privileges  and  that  General,  Advanced,  and  Amateur  Extra  Class  licensees  would  gain  spectrum  for  phone 
 emissions,  one  of  the  most  popular  operating  modes  on  the  HF  bands.  For  these  reasons,  we  will  propose  amending  Part  97  of  our  Rules  as  the  ARRL  requests.  We  seek  comment  on  this 
 proposal. 
 12.  Rippey  Petition.  Background.  On  December  27,  2001,  Mr.  John  S.  Rippey  60  requested  that  we  authorize  additional  telegraphy  and  phone  privileges  in  the  80-,  40-,  30-,  17-, 


 15-,  12-,  and  10  m  amateur  service  bands  to  Novice  and  Technician  Plus  Class  amateur  service  licensees.  61  The  petitioner  claims  that  the  public  interest  would  be  served  by  increasing  both  the 
 total  number  of  amateur  radio  licensees  and  the  number  of  licensees  who  are  proficient  in  Morse 


 52  See,  e.  g.,  Mark  Farr  Comments  at  1,  Merritt  W.  Olson  Comments  at  1,  Ken  Cubilo  Comments  at  1. 
 53  See  Brandon  White  Comments  at  1,  William  K.  Mebry  Comments  at  1. 
 54  See,  e.  g.,  Mark  Spatny  Comments  at  1,  Nickolaus  E.  Leggett  Comments  at  1,  C.  K.  Brakob  Comments  at 
 1.  55 
 See  James  Miccolis  Comments  at  1.  56 
 See,  e.  g.,  Stephen  L.  Wolfcale  Comments  at  1,  Michael  Dinelli  Comments  at  1,  Edwin  R.  Kessler  Comments  at  1. 


 57  See  Donald  R.  Putnick  Comments  at  1,  John  P.  Flynn  Comments  at  1. 
 58  See  id.  at  7. 
 59  See  id.  at  6,  n.  3. 
 60  See  Mr.  John  S.  Rippey  Petition  For  Rule  Making  at  9  (filed  Dec.  27,  2001)  (Rippey  Petition). 
 61  The  petition  requests  the  Commission  to  authorize  Novice  and  Technician  Plus  Class  amateur  service 
 licensees  telegraphy  privileges  in  the  3650-  3750  kHz,  7050-  7150  kHz,  10.  110-  10.  130  MHz,  18.  080-  18.  168  MHz,  21.  050-  21.200  MHz,  24.  900-  24.  930  MHz,  28.  060-  28.  500  MHz  frequency  segments,  and  phone 


 privileges  in  the  18.100-  18.  168  MHz  and  24.  930-  24.  990  MHz  frequency  segments,  in  addition  to  the  phone  and  RTTY/  Data  privileges  currently  authorized  in  the  10  m  amateur  service  band.  The  Rippey  Petition  was 
 placed  on  Public  Notice  on  January  8,  2002.  See  Public  Notice,  Report  No.  2522  (rel.  Jan.  8,  2002).  A  list  of  commenters  is  presented  in  Appendix  B. 
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 code.  62  The  petitioner  also  states  that  the  rule  change  would  provide  a  greater  opportunity  for  Novice  and  Technician  Plus  Class  licensees  to  establish  contacts  with  other  amateur  radio 
 operators,  thus  enhancing  their  operating  experience.  63 
 13.  Discussion.  Over  forty  comments  were  filed  in  response  to  this  petition.  The  majority  of  commenters  opposed  the  petition  as  unnecessary  due  to  the  ease  in  upgrading  from 


 the  Novice  and  Technician  Plus  Class  to  the  General  or  Amateur  Extra  Class.  64  Other  commenters  argue  that  Novice  and  Technician  Plus  Class  privileges  have  already  expanded 
 significantly,  65  and  that  operating  privileges  would  be  more  valued  if  they  were  achievement-based.  66  Other  commenters  support  the  petition  so  long  as  the  frequency  subbands  remain 
 combined  67  and  a  call  sign  system  is  developed  to  allow  licensees  to  determine  whether  an  operator  has  the  requisite  privileges  for  the  frequency  on  which  the  station  is  transmitting.  68 


 14.  Based  on  our  review  of  the  record,  we  are  not  persuaded  to  amend  our  rules  as  the  petitioner  requests.  We  believe  that  a  Novice  or  Technician  Plus  Class  licensee  can  easily 
 upgrade  to  the  General  or  Amateur  Extra  Class,  69  thereby  obtaining  access  to  significantly  more  spectrum  and  greatly  increasing  the  chance  of  establishing  contacts  with  other  amateur  radio 
 stations.  Additionally,  because  the  number  of  Novice  and  Technician  Plus  Class  licensees  has  declined  significantly,  70  we  believe  that  we  should  address  operating  privileges  for  these  license 
 classes  only  in  a  comprehensive  restructuring  of  operating  privileges  for  all  license  classes.  71 
 15.  Miller  Petition.  Background.  On  February  25,  2003,  Mr.  Mark  Miller  requested  that  we  amend  Section  97.305(  c)  of  our  Rules  to  allow  an  amateur  station  to  transmit  an  image 


 emission  that  occupies  a  bandwidth  of  500  Hz  or  less  on  the  frequency  segments  of  HF  amateur 


 62  See  Rippey  Petition  at  6. 
 63  See  id. 
 64  See,  e.  g.,  Alan  J.  Wormser  Comments  at  1,  Paul  Carpenter  Comments  at  1,  Michael  J.  Lyness  Comments 
 at  1.  65 
 See,  e.  g.,  Mike  Mello  Comments  at  1,  Hans  Brakob  Comments  at  1.  66 
 See,  e.  g.,  Jay  Jenkins  Comments  at  1,  Michael  H.  Lajoie  Comments  at  1,  David  M.  Colburn  Comments  at  1,  William  R.  Eaton  Comments  at  1. 


 67  See,  e.  g.,  James  May  Comments  at  1. 
 68  See,  e.  g.,  Dew  McCarsky  Comments  at  1. 
 69  We  note  that  a  person  who  either  holds  or  has  held  either  of  these  operator  licenses  receives  credit  for  the 
 five  words  per  minute  telegraphy  examination  after  passing  an  examination  for  a  General  or  Amateur  Extra  Class  operator  license. 


 70  Between  September  30,  1997  and  May  1,  2003,  the  number  of  Novice  Class  licensees  declined  from 
 65,  142  to  34,  666,  and  the  number  of  Technician  Plus  Class  licensees  declined  from  138,  078  to  69,  362.  See  The  W5YI  Report,  July  15,  1999  at  8;  June  1,  2003,  at  8.  Current  licensing  statistics  are  available  at 


 http://  WWW.  AH0A.  ORG/  FCC/  Licenses.  html.  On  the  basis  of  the  trends  in  this  data,  we  are  persuaded  that  licensees  who  hold  Novice  or  Technician  Plus  Class  operator  licenses  are  either  choosing  to  not  renew 
 their  licenses  or  are  using  the  telegraphy  element  examination  credit  provided  in  47  C.  F.  R.    97.  505(  a)  to  increase  their  operator  privileges  to  General  Class  or  Amateur  Extra  Class  operator  privileges. 
 71  We  note  that  the  ARRL,  the  National  Association  for  Amateur  Radio,  requests  a  significant  expansion  of 
 frequency  privileges  for  Novice  and  Technician  Plus  Class  licensees  as  part  of  a  comprehensive  restructuring  of  operating  privileges  it  has  proposed.  See  paras.  7-  11,  infra. 
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 service  bands  now  authorized  for  data  and  RTTY  emission  types.  72  In  support  of  this  request,  Mr.  Miller  states  that  personal  computers  with  sound  cards  and  software  have  made  it  possible  for 
 amateur  radio  operators  to  develop  new  communication  systems  and  that  these  systems  are  being  used  on  the  amateur  service  HF  bands.  73  Petitioner  explains  that  one  system  in  use  combines  a 
 digital  emission  and  a  narrowband  facsimile  (FAX)  emission,  74  thereby  allowing  the  operator  to  establish  communications  using  text,  then  automatically  switch  to  a  FAX  emission,  then 
 automatically  switch  back  to  the  digital  emission.  75  He  also  explains  that  another  system  76  uses  transmitted  pulses  to  directly  write  images  on  paper  or  a  computer  screen.  77  Petitioner  notes  that 
 amateur  radio  operators  worldwide  have  been  using  these  communication  systems  since  late  December,  2002,  and  that  the  use  of  these  systems  has  not  caused  harmful  interference  to  other 
 amateur  service  communications,  but  that  our  Rules  do  not  authorize  an  amateur  station  to  transmitting  an  image  emission  type  in  frequency  segments  of  the  HF  bands  that  are  authorized 
 for  data  emission  types.  78  He  requests,  therefore,  that  our  Rules  be  amended  to  reflect  current  emission  and  operating  practices,  and  to  limit  the  occupied  bandwidth  of  image  emissions  in  data 
 segments  of  the  HF  bands  to  500  Hz  or  less  so  that  the  narrow  bandwidth  nature  of  these  band  segments  is  maintained.  79 


 16.  Discussion.  As  an  initial  matter,  we  note  that  one  of  the  purposes  of  the  amateur  service  is  to  contribute  to  the  advancement  of  the  radio  art.  80  We  believe  that  amateur  radio 
 operators  using  amateur  service  spectrum  to  develop  new  communications  systems  are  using  the  service  in  a  manner  that  is  consistent  with  the  basis  and  purpose  of  the  amateur  service.  We  also 
 believe  that  our  Rules  should  not  be  an  impediment  to  amateur  radio  operators  development  of  new  or  improved  communication  systems.  In  this  regard,  we  note  that  the  reason  amateur  radio 
 operators  currently  may  not  transmit  communications  that  combine  image  emission  types  and  data  emission  types  on  HF  frequency  segments  where  data  emissions  are  authorized  is  not  a 
 technical  reason,  but  rather  is  because  our  Rules  do  not  authorize  stations  to  transmit  both  image  and  data  emission  types  on  any  HF  frequency  segments.  81  We  also  note  that  amateur  radio 
 operators  apparently  have  developed  communication  systems  and  technologies  that  transmit  both  image  and  data  emission  types,  and  that  they  are  using  these  systems  for  communicating.  For  this 
 reason,  we  are  persuaded  that  our  Rules  are  not  in  harmony  with  current  emission  and  operating  practices  and  that  our  Rules  may  be  impeding  amateur  radio  operators  in  advancing  the  radio  art. 
 We  believe,  therefore,  that  petitioner  has  presented  sufficient  reason  to  justify  the  requested  rule  amendment.  We  will  not,  however,  propose  to  revise  Section  97.307(  c)  as  requested  by  the 
 petitioner.  Rather,  we  believe  that  revising  the  definition  of  data  emission  types  in  Section 


 72  See  Mark  Miller  Petition  For  Rule  Making  at  1  (filed  Feb.  25,  2003)  (Miller  Petition). 
 73  See  id. 
 74  Emission  type  F2C  (FAX)  is  an  image  emission  type  in  the  amateur  service.  See  47  C.  F.  R.    97.  3(  c)(  3). 
 75  See  Miller  Petition  at  1. 
 76  See  id.  This  system  is  commonly  referred  to  as  the  Hellschriber  system  and  uses  emission  type  A1C, 
 which  also  is  an  image  emission  type.  77 
 See  id.  at  1-  2.  78 
 See  id.  79 
 See  id.  at  2.  80 
 47  C.  F.  R.    97.1(  b).  81 
 See  47  C.  F.  R.    97.  305(  c). 
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 97.3(  c)  to  include  image  emission  types  currently  being  used  and  to  limit  image  emissions  to  500  Hz  or  less  is  consistent  with  the  petitioners  request  and  will  provide  the  amateur  service 
 community  greater  flexibility  in  developing  communication  systems  and  communication  technology  while  maintain  the  narrow  bandwidth  nature  of  the  data  emission  band  segments. 
 Specifically,  we  propose  to  revise  the  definition  of  data  emission  types  that  amateur  stations  may  transmit  to  include  emission  types  A1C  and  F2C  82  (FAX)  having  an  occupied  bandwidth  of  500 
 Hz  or  less.  We  request  comment  on  this  proposal 
 2.  Very  High  Frequency  Privileges. 
 17.  Auxiliary  stations.  Background.  The  amateur  service  rules  define  an  auxiliary  station  as  an  amateur  station,  other  than  one  in  a  message  forwarding  system,  83  that  is  transmitting 


 point-  to-  point  communications  within  a  system  of  cooperating  amateur  stations.  84  Section  97.213(  a)  85  of  the  Commissions  Rules  provides  that  an  amateur  station  on  or  within  50  km  of  the 
 Earths  surface  may  be  under  telecommand  86  where  there  is  a  radio  or  wireline  control  link  between  the  control  point  and  the  station  sufficient  for  the  control  operator  to  perform  his  or  her 
 duties.  87  If  the  control  link  between  the  control  point  and  the  amateur  station  is  a  radio  control  link,  then  the  control  link  must  use  an  auxiliary  station.  88  An  amateur  station  that  is  an  auxiliary 
 station  may  transmit  on  the  1.25  meter  (m)  and  shorter  wavelength  bands,  with  certain  exceptions.  89  The  underlying  purpose  of  limiting  auxiliary  stations  to  these  bands  is  to  minimize 
 the  possibility  of  harmful  interference  90  to  other  amateur  service  stations  and  operations,  particularly  weak  signal  91  activity  in  the  2  m  (144-  148  MHz)  band.  92 


 82  See  47  C.  F.  R.    2.201,  2.  202  for  the  rules  that  apply  to  emissions. 
 83  See  47  C.  F.  R.    97.  3(  a)(  31).  A  message  forwarding  system  is  a  voluntary  amateur  station  arrangement 
 whereby  communications  are  sent  from  the  control  operator  of  an  originating  station  to  the  control  operator  of  one  or  more  destination  stations  by  one  or  more  forwarding  stations.  Examples  of  message  forwarding 


 systems  in  the  amateur  service  include  linked  repeater  systems  and  packet  radio  message  forwarding  systems. 
 84  See  47  C.  F.  R.    97.  3(  a)(  7). 
 85  See  47  C.  F.  R.    97.  213(  a). 
 86  See  47  C.  F.  R.    97.  3(  a)(  41).  Telecommand,  or  remote  control,  is  a  one-  way  transmission  to  initiate, 
 modify  or  terminate  functions  of  a  device  at  a  distance.  87 
 See  47  C.  F.  R.    97.  105.  The  control  operator  ensures  proper  operation  of  the  station  in  accordance  with  the  privileges  authorized  in  the  license. 


 88  See  47  C.  F.  R.    97.  213(  a). 
 89  See  47  C.  F.  R.    97.  201(  b).  Auxiliary  stations  do  not  have  authorization  to  use  the  219-  220  MHz, 
 222.000-  222.150  MHz,  431-  433  MHz  and  435-  438  MHz  frequency  segments.  90 
 Harmful  interference  is  interference  which  endangers  the  functioning  of  a  radionavigation  service  or  of  other  safety  services  or  seriously  degrades,  obstructs,  or  repeatedly  interrupts  a  radiocommunication  service 


 operating  in  accordance  with  the  ITU  Radio  Regulations.  See  47  C.  F.  R.    2.1.  91 
 Weak  signal  communications  are  primarily  Morse  code  telegraphy  and  single  sideband  voice  messages  transmitted  over  very  long  distances  in  the  Very  High  Frequency  (VHF)  and  Ultra  High  Frequency  (UHF) 


 amateur  service  bands.  92 
 See  Deregulation  of  Part  97  of  the  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  FCC  2d  207,  215    6  (1977).  In  1986,  the  Commission  reaffirmed  this  (continued....) 
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 18.  On  November  4,  1999,  Kenwood  Communications  Corp.  (Kenwood),  a  manufacturer  of  amateur  radio  equipment,  requested  a  declaratory  ruling  confirming  that  its  Sky  Command 
 System  (Sky  Command)  93  complies  with  the  amateur  service  rules.  94  Alternatively,  Kenwood  requested  the  Commission  to  grant  blanket  rule  waivers  so  that  amateur  service  licensees  could 
 utilize  Sky  Command.  95  In  2000,  the  Public  Safety  and  Private  Wireless  Division  denied  Kenwoods  request,  concluding  that  Section  97.201(  b)  of  the  Commissions  Rules  does  not 
 authorize  auxiliary  stations  to  transmit  on  the  2  m  band,  and  that  Kenwood  did  not  meet  the  standards  for  a  waiver  request.  96 


 19.  Subsequently,  on  May  1,  2001,  Kenwood  requested  that  we  amend  Section  97.  201(  b)  of  our  Rules  to  allow  auxiliary  stations  to  transmit  on  the  2  m  band  above  144.5  MHz,  except 
 145.8-  146.0  MHz,  in  addition  to  the  frequency  segments  previously  authorized.  97  Kenwood  states  that  this  proposed  rule  change  would  increase  the  flexibility  of  amateur  radio  licensees 
 without  adversely  affecting  other  services  or  amateur  radio  stations  that  use  the  2  m  band,  and  would  promote  the  development  and  use  of  new  technology,  including  Sky  Command.  98 


 20.  Discussion.  The  Commission  received  twenty-  four  comments  supporting  Kenwoods  request  and  sixteen  comments  opposing  the  request.  Those  supporting  Kenwoods  request  state 
 that  (a)  the  2  m  band  is  not  heavily  used  99  and  such  use  is  no  different  than  other  uses  already  occurring  on  the  band,  100  (b)  auxiliary  stations  transmit  on  short  distance  simplex  channels  which 
 would  not  cause  interference  to  other  stations  on  the  band,  101  (c)  it  would  allow  for  the  development  of  new  emergency  communication  systems  and  capabilities  102  and  support  other 


 (...  continued  from  previous  page)  interference-  minimization  approach  by  rejecting  a  proposal  to  eliminate  the  frequency  restrictions 
 applicable  to  auxiliary  stations.  See  Amendment  of  the  Amateur  Service  Rules  to  Allow  Auxiliary  Operation  on  All  Amateur  Service  Frequencies,  except  431-  433  MHz  and  435-  438  MHz,  Order,  51  Fed. 
 Reg.  11759,  11760    4  (1986).  93 
 Kenwoods  Sky  Command  system  permits  amateur  service  licensees  who  do  not  have  sufficient  space  for  HF  antennas,  or  who  live  in  areas  with  restrictive  covenants,  to  operate  their  HF  equipment  at  remote 


 locations  through  the  use  of  VHF  and  UHF  channels.  94 
 See  Kenwood  Communications  Corp.  Request  for  Declaratory  Ruling  or  Waiver  of  Applicable  Rule  Sections  (filed  Nov.  4,  1999)  (Kenwood  Request). 


 95  See  Kenwood  Request  at  9. 
 96  See  Kenwood  Communications  Corp.  Request  for  Declaratory  Ruling  to  Determine  Compliance  With 
 Applicable  Sections  of  Part  97  of  the  Commissions  Rules  or  Waiver  of  Applicable  Rule  Sections,  Order,  15  FCC  Rcd  13819,  13821    8  and  13824    14  (2000). 


 97  See  Kenwood  Petition  at  1.  The  Kenwood  petition  was  placed  on  public  notice  on  October  19,  2001. 
 See  Public  Notice,  Report  No.  2507  (rel.  Oct  19,  2001).  A  list  of  commenters  is  presented  in  Appendix  B.  98 
 See  id.  99 
 See,  e.  g.,  Richard  C.  Baum  Comments  at  1,  Scott  Honaker  Comments  at  1,  Rodger  Alexander  Comments  at  1,  Kenneth  Richards  Comments  at  1,  Brian  Badger  Comments  at  1,  Martin  S.  Wilcoxson  Comments  at 


 1,  Doug  Young  Comments  at  1,  Gary  P.  Standorf  Comments  at  1.  100 
 See  Brad  Bollinger  Comments  at  1.  101 
 See  Ron  Karger  Comments  at  1,  John  McAuley  Comments  at  1.  Simplex  communications  are  direct,  or  on-  channel,  station-  to-  station  communications. 


 102  See  e.  g.,  Rodger  Alexander  Comments  at  1,  Brian  Badger  Comments  at  1,  Greg  Peralta  Comments  at  1, 
 Timothy  P.  Dugan,  Jr.  Comments  at  1,  Richard  Illman  Comments  at  1. 
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 applications  such  as  controlling  an  HF  station  103  in  a  vehicle,  104  or  from  an  antenna-  restricted  residence,  105  and  (d)  it  is  consistent  with  flexible  service  rules.  106 
 21.  On  the  other  hand,  some  commenters  state  that  it  is  not  necessary  for  auxiliary  stations  to  transmit  on  the  2  m  band  because  sufficient  amateur  service  spectrum  is  available  on 
 and  above  the  220  MHz  band.  107  Others  claim  that  the  2  m  band  is  heavily  used,  108  and  argue  that  increased  interference  will  occur  if  the  rules  are  revised  as  Kenwood  requests.  109  Some 
 commenters  believe  that  existing  rules  are  sufficient  to  address  this  concern,  110  or  that  licensees  can  either  address  this  issue  amongst  themselves  or  through  existing  coordination  policies.  111 


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


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


 shortwave  bands.  104 
 See,  e.  g.,  James  Rick  Sohl  Comments  at  1.  105 
 See,  e.  g.,  Robert  Koerner  Comments  of  at  1,  Richard  Illman  Comments  at  1.  106 
 See,  e.  g.,  Kenneth  Richards  Comments  at  1,  Greg  Peralta  Comments  at  1.  107 
 See,  e.  g.,  William  J.  Gallager  Comments  at  1,  Richard  M.  Winter  Comments  at  1,  Nickolaus  E.  Leggett  Comments  at  1,  Steven  James  Robeson  Comments  at  1,  D.  Platt  Comments  at  1,  Thomas  E.  Walsh 


 Comments  at  1,  R.  Merhar  Comments  at  1.  108 
 See,  e.  g.,  William  J.  Gallager  Comments  at  1,  D.  Platt  Comments  at  1,  Robert  Mitileri  Comments  at  1.  109 
 See,  e.  g.,  Steven  James  Robeson  Comments  at  1,  Matthew  W.  Sadler  Comments  at  1,  Philip  Karras  Comments  of  at  1,  W.  Lee  McVey  Reply  Comments  at  2. 


 110  See,  e.  g.,  Mr.  Galasso  Comments  at  2. 
 111  See,  e.  g.,  Leonard  J.  Umina  Comments  at  1,  Robert  Fuller  Comments  at  1. 
 112  This  prohibition  was  adopted  as  a  means  to  minimize  the  possibility  of  harmful  interference  to  other 
 amateur  service  stations  and  operations  in  the  2  m  band.  113 
 See  47  C.  F.  R.    97.  203  (d).  114 
 See  47  C.  F.  R.    97.  207  (c).  115 
 See  47  C.  F.  R.    97.  207  (b).  116 
 See  The  ARRLs  FCC  Rule  Book,  (John  Hennessee  et  al.  eds.)  4-  14,  4-  15  (2000)  (discussion  of  the  2  m  voluntary  band  plan). 


 117  See  47  C.  F.  R.    97.  201(  b). 
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 23.  Spread  spectrum.  Background.  Currently,  we  authorize  amateur  stations  to  transmit  Spread  Spectrum  (SS)  emission  types  on  any  amateur  service  frequency  above  420  MHz.  118  In  its 
 petition,  the  ARRL  also  requests  that  we  amend  the  rules  to  authorize  amateur  stations  to  transmit  SS  emission  types  on  an  additional  3  MHz  of  amateur  service  spectrum.  119  Specifically,  the 
 ARRL  requests  that  we  amend  Section  97.305(  c)  to  authorize  amateur  stations  to  transmit  SS  emission  in  the  frequency  segment  222-  225  MHz.  120  In  support  of  this  request,  the  ARRL  states 
 that  presently  there  is  no  VHF  band  in  which  amateur  stations  may  transmit  SS  emissions  121  and  that  authorizing  amateur  stations  to  transmit  these  emissions  on  the  1.25  m  band  would  be 
 consistent  with  the  flexible  regulatory  framework  the  Commission  provided  in  1999  when  it  revised  the  rules  122  to  permit  amateur  stations  to  transmit  different  types  of  SS  emissions.  123  The 
 ARRL  also  states  that  this  requested  rule  revision  would  allow  amateur  radio  operators  to  continue  the  development  of  new  services  through  experimentation,  would  promote  technological 
 innovation,  and  would  eliminate  unnecessary  regulatory  burdens.  124  With  regard  to  the  impact  of  this  requested  revision  on  other  amateur  stations  using  the  1.25  m  band,  the  ARRL  states  that 
 there  are  significant  opportunities  for  re-  use  of  this  spectrum  for  SS  communications  and  experimentation  125  and  that  SS  emissions  in  the  1.  25  m  band  would  remain  subject  to  the 
 restrictions  set  forth  in  Section  97.311  126  of  our  Rules.  127  Two  comments  were  received  concerning  this  requested  rule  change.  One  commenter  states  he  supports  this  request.  128 
 Another  commenter,  however,  opposed  the  request  explaining  that  interference  to  other  amateur  stations  using  the  220  MHz  band  in  Southern  California  may  result.  129 


 24.  Discussion.  The  Commission  adopted  the  present  limitation  restricting  amateur  stations  to  transmitting  SS  emission  types  only  on  frequencies  above  420  MHz  in  1985.  130  These 
 limitations  were  adopted  to  reduce  the  interference  potential  of  SS  transmissions.  131  We  note  that  there  has  been  no  showing  that  SS  transmissions  have  caused  or  would  cause  harmful 
 interference.  Additionally,  we  do  not  believe  that  mere  speculation  of  interference  to  other 
 118  See  47  C.  F.  R.    97.  305(  c). 
 119  See  ARRL  Petition  at  13. 
 120  See  id.  at  14.  The  222-  225  MHz  frequency  segment  is  part  of  the  1.25  m  amateur  service  band. 
 121  See  ARRL  Petition  at  14. 
 122  See  Amendment  of  the  Amateur  Service  Rules  to  Provide  For  Greater  Use  of  Spread  Spectrum 
 Communication  Technologies,  Report  and  Order,  WT  Docket  No.  97-  12,  64  Fed.  Reg.  51471  (Sep.  23,  1999). 


 123  See  ARRL  Petition  at  13. 
 124  See  id.  at  13-  14. 
 125  See  id.  at  14. 
 126  See  47  C.  F.  R.    97.  311. 
 127  See  ARRL  Petition  at  14. 
 128  See  Frank  A.  Lynch  Comments  at  1. 
 129  See  Rich  Eyre-  Eagles  Comments  at  1. 
 130  See  Amendment  of  Parts  2  and  97  of  the  Commission's  Rules  and  Regulations  to  authorize  spread 
 spectrum  techniques  in  the  Amateur  Radio  Service,  Report  and  Order  GEN.  Docket  No.  81-  414,  99  FCC  2d  1432  (1985).  The  text  of  the  Report  and  Order  was  printed  at  50  Fed.  Reg.  23423  (1985). 


 131  See  50  Fed.  Reg.  23424    5 
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 stations  is  a  basis  for  continuing  to  prohibit  amateur  stations  from  transmitting  SS  emission  types  in  an  additional  frequency  band.  We  believe  that  authorizing  amateur  stations  to  transmit  SS 
 emission  types  in  the  1.25  m  band  would  be  consistent  with  the  experimental  purpose  of  the  amateur  service  132  and  possibly  allow  amateur  radio  operators  to  contribute  to  the  advancement  of 
 communications  technology.  We  also  believe  that  retaining  the  requirement  that  SS  emission  in  the  1.25  m  band  remain  subject  to  the  restrictions  set  forth  in  Section  97.311  133  would  be  sufficient  to 
 insure  that  amateur  stations  transmitting  SS  emission  types  do  not  impact  the  operation  of  other  amateur  stations.  Therefore,  we  propose  to  revise  Section  97.  305(  c)  as  requested  by  the  ARRL 
 and  we  request  comment  on  this  proposal. 
 25.  We  note,  however,  that  in  addition  to  the  1.25  m  band,  we  authorize  amateur  stations  to  transmit  on  two  other  frequency  bands  in  the  VHF  portion  of  the  spectrum  and  that  these  bands,  the 


 6  m  134  and  the  2  m  135  amateur  service  bands,  each  contain  4  MHz  of  spectrum  as  compared  to  the  3  MHz  of  spectrum  in  the  1.  25  m  band.  It  appears  to  us  that  because  both  of  these  bands  are  wider 
 than  the  1.25  m  band,  these  two  additional  bands  may  be  even  more  useful  for  SS  experimentation  than  the  1.25  m  band  because  more  spectrum  is  available  for  spreading  of  the  emissions.  We  also 
 see  no  reason  that  the  restrictions  on  SS  emissions  in  other  bands  136  would  not  be  sufficient  to  insure  that  amateur  stations  transmitting  SS  emission  types  do  not  impact  the  operation  of  other 
 amateur  stations  in  the  6  m  and  2  m  amateur  bands.  Additionally,  we  see  no  technical  reason  why  we  should  propose  authorizing  amateur  stations  to  transmit  SS  emissions  in  the  1.25  m  band,  but 
 not  the  6  m  or  2  m  amateur  bands.  Therefore,  we  request  comment  regarding  whether  we  should  allow  amateur  stations  to  transmit  SS  emission  types  on  either  or  both  of  the  6  m  and  2  m  amateur 
 service  bands,  in  addition  to  the  1.25  m  band. 
 3.  Medium  Frequency  Privileges. 
 26.  Background.  The  160  m  amateur  service  band  137  is  the  only  MF  138  amateur  service  band  and  the  lowest  frequency  band  the  amateur  service  is  authorized.  139  Because  the  160  m 


 amateur  service  band  experiences  very  high  ionospheric  absorption  during  daylight  hours  and  high  levels  of  atmospheric  noise  during  the  summer,  the  distance  communications  can  be 
 transmitted  and  received  on  this  band  is  limited,  absent  very  sophisticated  receiving  systems.  140  Conversely,  at  night  and  during  sunset  and  sunrise  time  periods,  because  the  ionospheric 
 absorption  is  significantly  less,  and  during  the  winter  because  atmospheric  noise  is  less,  longer 


 132  See  47  C.  F.  R.    97.1. 
 133  See  47  C.  F.  R.    97.  311. 
 134  The  6  m  band  is  the  50-  54  MHz  frequency  segment. 
 135  The  2  m  band  is  the  144-  148  MHz  frequency  segment. 
 136  See  47  C.  F.  R.    97.  311. 
 137  The  160  m  band  is  the  1800-  2000  kHz  frequency  segment. 
 138  The  frequency  range  from  300  kHz  to  3,000  kHz  is  denoted  as  MF.  See  47  C.  F.  R.    2.101.  In  the 
 metric  system,  this  range  is  referred  to  as  the  medium  frequency  range  and,  expressed  in  wavelengths,  lies  between  1000  m  and  100  m.  Thus,  the  amateur  service  band  between  1800  kHz  and  2000  kHz  is  an  MF 


 band.  139 
 See  47  C.  F.  R.    97.  301(  b).  140 
 See  Steve  Ireland,  Mike  Bazley,  and  Bob  Brown,  Equinoctial  and  Diurnal  Path  Switching,  CQ  Magazine,  Feb.  2002  at  22-  28,  and  Mar.  2002  at  24-  29. 
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 distance  two-  way  communications  on  this  band  are  more  likely  to  result.  141 
 27.  The  Commission  authorizes  amateur  stations  to  transmit  either  an  international  Morse  code  telegraphy  (CW)  or  a  voice  emission  type  on  any  channel  in  the  160  m  band.  142 


 Specifically,  an  amateur  station  controlled  by  a  General,  Advanced,  or  Amateur  Extra  Class  amateur  service  licensee  may  transmit  a  CW,  RTTY  (radioteletype),  data,  phone,  or  image 
 emission  on  any  channel  in  the  band.  143  In  order  to  accommodate  specific  operating  activities,  the  amateur  service  community  has  developed  a  voluntary  band  plans  for  the  160  m  amateur  service 
 band.  The  goal  of  this  voluntary  band  plan  is  to  minimize  interference  between  stations  simultaneously  engaging  in  different  operating  activities.  144  Voluntary  band  planning  also  allows 
 the  amateur  service  community  to  reallocate  spectrum  to  accommodate  changes  in  operating  interests  and  technologies.  Prior  to  July  of  2001,  the  generally  recognized  160  m  voluntary  band 
 plan  recommended  use  of  the  1800-  1840  kHz  frequency  segment  for  CW,  RTTY  and  other  narrowband  modes,  and  use  of  the  1840-  2000  kHz  frequency  segment  for  phone,  image  and  other 
 wideband  modes.  145 
 28.  In  response  to  increased  use  of  the  160  m  band  and  concerns  about  whether  the  voluntary  band  plan  was  meeting  the  needs  of  160  m  users,  the  ARRL  established  a  committee  to 


 review  the  160  m  band  plan  and  to  provide  recommendations.  146  The  committee  members  included  Mr.  Jeffery  T.  Briggs  and  Mr.  William  R.  Tippett  II.  147  After  consideration  of  the 
 committees  proposed  revisions  to  the  voluntary  band  plan,  the  ARRL  recommended  a  division  of  the  band  into  two  segments:  (a)  the  1800-  1843  kHz  segment  for  narrowband,  data  and  CW 
 emissions;  and  (b)  the  1843-  2000  kHz  segment  for  telephony,  image,  and  other  wideband  emissions.  148 


 29.  On  September  10,  2001,  Mr.  Briggs  and  Mr.  Tippett  (160  m  Petition)  requested  that  we  amend  Section  97.305(  c)  in  accordance  with  the  revised  voluntary  160  m  band  plan.  149 
 Petitioners  argued  that  the  revised  band  plan  should  be  mandatory  rather  than  voluntary.  150  In  support  of  this  request,  petitioners  state  that  the  160  m  amateur  bands  unique  propagation 


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


 142  See  47  C.  F.  R.    97.  305(  c). 
 143  See  id. 
 144  See  The  ARRLs  FCC  Rule  Book,  (John  Hennessee  et  al.  eds.)  4-  3  (2000). 
 145  See  The  FCC  Rule  Book,  (Rick  Palm  et  al.  eds.)  5-  4  (1993);  see  also 
 http://  www.  arrl.  org/  announce/  reports-  0107/  160-  meter.  html.  146 
 See  http://  www.  arrl.  org/  announce/  reports-  0107/  160-  meter.  html.  147 
 See  http://  www.  arrl.  org/  announce/  reports-  0107/  160-  meter.  html.  148 
 See  http://  www.  arrl.  org/  announce/  board-  0107/  at  para.  57.  149 
 See  Jeffery  T.  Briggs,  K1ZM  and  William  R.  Tippett  II,  W4ZV  Petition  For  Rule  Making  at  1  (filed  Sep.  10,  2001)  (160  m  Petition).  The  160  m  Petition  was  placed  on  Public  Notice  on  January  8,  2002.  See 


 Public  Notice,  Report  No.  2522  (rel.  Jan.  8,  2002).  A  list  of  commenters  is  presented  in  Appendix  B.  The  terms  wideband  and  narrowband  are  not  used  in  the  rules  to  describe  different  emission  groups. 
 150  See  160  m  Petition,  Appendix  at  3. 
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 anomalies  151  require  the  division  of  the  band  into  wideband  and  narrowband  frequency  segments.  152  Petitioners  explain  that  such  a  division  would  greatly  ease  the  interference  that 
 occurs  between  stations  transmitting  CW  and  voice  emissions,  particularly  in  the  frequency  segment  1800-  1843  kHz  during  contests,  153  and  when  stations  are  using  CW  to  attempt  long 
 distance  international  communications  during  the  nighttime,  at  sunrise,  and  at  sunset.  154 
 30.  Over  five  hundred  twenty  comments  were  filed  in  response  to  this  petition.  The  majority  of  commenters  support  the  petition,  explaining  that  stations  transmitting  wideband  and 


 narrowband  signals  cannot  share  the  same  frequency  segment  without  interfering  with  each  other.  155  These  commenters  also  agree  that  we  should  set  aside  a  segment  of  the  160  m  for 
 stations  using  CW  and  other  narrowband  emissions.  156  Commenters  also  generally  support  a  mandatory  band  plan,  explaining  that  voluntary  band  plans  may  not  be  followed  by  all 
 licensees.  157  Other  commenters  agree  that  a  mandatory  band  plan  is  needed,  but  suggest  alternate  frequency  segmentation  for  narrowband  and  wideband  modes.  158 


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


 151  See  id. 
 152  See  id.  at  1,  Appendix  at  6-  7. 
 153  See  id.,  Appendix  at  3. 
 154  See  id.,  Appendix  at  4. 
 155  See,  e.  g.,  M.  Robin  Critchell  Comments  at  1,  Scott  Hudler  Comments  at  1,  Steve  Ireland  Comments  at  1, 
 James  Cook  Comments  at  1,  George  H.  Hippisley  Comment  at  1,  Joseph  T.  Subich  Reply  Comments  at  1.  156 
 See,  e.  g.,  Scott  Jones  Comments  at  1,  Henry  Perras  Comments  at  1,  Ken  Caruso  Comments  at  1,  Greg  Smith  ZL3IX  Comments  at  1,  Kurt  Pauer  Comments  at  1,  Jerry  Houinar  K5YAA  Comments  at  1,  G3OIT 


 Comment  at  1,  Tom  Rauch  W8JI  Comments  at  1.  157 
 See,  e.  g.,  Charles  Rauch  Comments  at  1,  Bill  Kennamar  Comments  at  1,  M.  Robin  Critchell  Comments  at  1,  Eric  Scace  Comments  at  2,  Anthony  B.  McClenny,  Jr.,  W3UR  Comments  at  1,  Joseph  T.  Subich 


 Reply  Comments  at  1,  Jeffery  A.  Maass  Reply  Comment  at  1.  158 
 See,  e.  g.,  M.  Robin  Critchell  Comments  at  2,  Melvin  Lehmann  Comments  at  1,  Leo  Drescher  Comments  at  1,  Gary  A.  Breed  K9AY  Comments  at  1,  J.  Jorgensen  Comments  at  1. 


 159  See,  e.  g.,  Paul  S.  Courson  Comments  at  1,  David  Humbertson  Comments  at  1,  Robert  Tiller  Comment  at 
 1,  Louis  Cruz  Comments  at  1.  160 
 See,  e.  g.,  Art  Pightling  Comments  at  1,  Warren  H.  Ziegler,  Jr.  Comments  at  1.  161 
 See,  e.  g.,  Art  Pightling  Comments  at  1,  Owen  Mitchell  Comments  at  1,  M.  Taylor  Comments  at  1.  162 
 See,  e.  g.,  David  Humbertson  Comments  at  1,  James  H.  Young  Comments  at  1.  163 
 See,  e.  g.  Mr.  Cowart  Comments  at  1,  Warren  H.  Ziegler,  Jr.  Comments  at  1,  Ralph  L.  Duvall,  Jr.  Comments  at  1,  David  Calhoun  Comment  at  1,  R.  A.  Walls  Comment  at  1,  M.  Sawyer  Comment  at  1,  Roger 


 Johnson  Comment  at  1,  Richard  Wilder  K3DI  Comments  at  1-  2,  Y.  A.  Feder  W1UX  Comment  at  1. 
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 32.  Discussion.  The  Public  Safety  and  Private  Wireless  Division  (Division)  previously  addressed  the  issue  of  a  mandatory  band  plan  in  lieu  of  a  voluntary  band  plan  in  1999.  164  In  the 
 Order,  the  Division  denied  a  request  165  that  it  declare  that  any  amateur  radio  station  control  operator  who  selects  a  transmitting  frequency  not  in  harmony  with  those  voluntary  band  plans  is 
 in  violation  of  the  Commissions  Rules.  166  It  noted  that  such  a  result  would  be  inconsistent  with  the  fundamental  principle  of  shared  frequencies  in  the  amateur  service.  167  Additionally,  the 
 Division  stated  that  granting  the  request  would  effectively  transform  voluntary  band  plans  into  de  facto  required  mandates.  168  Rather,  the  Division  found  that  because  all  amateur  service 
 frequencies  are  shared,  our  Rules  do  not  assign  a  particular  operating  activity  (such  as  using  CW  to  attempt  long  distance  international  communications)  to  a  specific  frequency  segment.  169 
 Because  the  petitioner  has  not  presented  any  unique  or  changed  circumstances  to  warrant  a  mandatory  band  plan,  we  find  no  basis  to  disturb  this  fundamental  principle. 


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


 34.  The  issue  of  willful  or  malicious  interference  between  amateur  service  stations  engaging  in  different  operating  activities  was  also  previously  addressed  in  the  Order,  where  the 
 Division  noted  that  we  already  prohibit  such  interference  in  Section  97.101(  d)  of  our  Rules.  172  In  the  absence  of  a  showing  that  Section  97.101(  d)  no  longer  serves  its  purpose,  we  are  not 
 persuaded  that  a  more  comprehensive  rule  is  necessary.  Rather,  we  believe  that  cooperation 
 164  See  Compliance  With  Applicable  Voluntary  Band  Plans  in  the  Amateur  Radio  Service,  Order,  14  FCC 
 Rcd  20595  (1999)  (Order).  165 
 See  American  Radio  Relay  League,  Inc.,  Request  for  Declaratory  Ruling  (filed  Apr.  3,  1998)  at  1.  166 
 See  Order,  14  FCC  Rcd  20595.  See  also  47  C.  F.  R.    97.  101(  b).  167 
 See  Order,  14  FCC  Rcd  20595.  168 
 See  Order,  14  FCC  Rcd  at  20604    18.  169 
 See  Order,  14  FCC  Rcd  at  20603    17.  170 
 160  m  Petition,  Appendix  1.  171 
 See,  e.  g.,  http://  www.  rsgbhfcc.  org/  and  http://  www.  cq-  amateur-  radio.  com/  awards.  html.  We  note,  for  example,  that  the  Islands  On  The  Air  contest  rules  prohibit  operation  on  the  3560  3600  kHz,  3650-  3700 


 kHz,  14060-  14125  kHz  and  14300-  14350  kHz  frequency  segments,  thereby  mitigating  impact  of  the  contest  on  users  of  the  80-  and  20  m  amateur  service  bands. 
 172  See  Order,  14  FCC  Rcd  at  20604    19. 
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 between  licensees,  education,  and  compliance  with  Section  97.101(  d)  of  our  Rules  is  sufficient  to  minimize  interference.  For  these  reasons,  we  dismiss  the  160  m  Petition. 
 B.  Station  Operation  Standards 
 1.  Retransmission  of  Space  Station  Communications. 
 35.  Background.  Prior  to  1993,  our  Rules  prohibited  amateur  stations  from  transmitting  any  communications  that  facilitated  the  business  or  commercial  affairs  of  any  party.  173  In  1993, 


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


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


 173  47  C.  F.  R.    97.113(  a)  (1992). 
 174  See  Amendment  of  Part  97  of  the  Commission's  Rules  to  Relax  Restrictions  on  the  Scope  of  Permissible 
 Communications  in  the  Amateur  Service,  PR  Docket  No.  92-  136,  Permissible  Communications  Report  and  Order,  8  FCC  Rcd  5072  (1993).  See  also,  Reorganization  and  Deregulation  of  Part  97  of  the  Rules 


 Governing  the  Amateur  Radio  Service,  PR  Docket  No.  88-  139,  Report  and  Order,  4  FCC  Rcd  4719,  5073    7  (1989). 
 175  See  47  C.  F.  R.    97.  113(  e).  See  also  Amendment  of  Part  97  of  the  Commission's  Rules  to  Relax 
 Restrictions  on  the  Scope  of  Permissible  Communications  in  the  Amateur  Service,  PR  Docket  No.  92-  136,  Permissible  Communications  Report  and  Order,  8  FCC  Rcd  5072  (1993). 


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


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


 178  See  id.  at  1. 
 179  See  id. 
 180  See  id.  at  2. 
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 amateur  stations  to  retransmit  space  shuttle  communications.  181 
 37.  Discussion.  Eight  commenters  supported  the  request  stating  that  retransmission  of  space  communications  is  a  public  service  because  these  retransmissions  provide  an  excellent 


 signal  to  test  and  adjust  station  equipment  182  and  allow  the  general  public  to  monitor  the  space  program,  183  is  used  as  a  resource  that  allows  schools  to  follow  the  space  program,  184  and  serves 
 other  educational  purposes  such  as  providing  information  in  the  areas  of  science  and  space  exploration.  185  On  the  other  hand,  three  commenters  oppose  this  request  explaining  that  such 
 retransmissions  may  cause  interference  to  the  transmissions  of  other  amateur  service  stations,  186  that  one-  way  transmissions  are  not  in  the  best  interest  of  ham  radio,  187  and  that  these 
 transmissions  are  prohibited  broadcasts  under  our  Rules.  188 
 38.  Based  on  our  review  of  the  record,  we  are  persuaded  to  propose  the  requested  rule  amendment.  As  an  initial  matter,  although  we  believe  there  are  no  distinctions  between  the 


 retransmission  of  space  shuttle  and  ISS  communications,  we  seek  comment  on  whether  any  distinctions  exist  that  should  result  in  disparate  treatment  between  the  two  retransmissions.  We 
 do  not  anticipate  that  retransmissions  of  ISS  communications  would  cause  any  significant  increase  in  harmful  interference  to  other  amateur  stations  transmissions.  Moreover,  rules  that 
 prohibit  harmful  interference  are  already  in  place,  should  such  interference  occur.  189  In  addition,  we  agree  that  the  request  is  consistent  with  the  intent  of  the  current  rule,  which  allows  amateur 
 stations  to  retransmit  space  shuttle  communications.  Accordingly,  we  seek  comment  on  the  proposed  rule  change. 


 2.  Broadcast  and  Music  Transmissions. 
 39.  Background.  In  addition  to  the  prohibition  on  certain  transmissions,  our  Rules  also  prohibit  amateur  stations  from  engaging  in  any  form  of  broadcasting.  190  The  Commission 


 adopted  this  prohibition  to  ensure  that  amateur  service  frequencies  were  not  used  as  a  substitute  for  other  communication  services.  191 


 40.  On  March  19,  2002,  Robert  H.  Birdsey  requested  that  we  delete  Section  97.113(  a)(  4)  192  and  (b),  193  to  allow  an  amateur  station  to  broadcast  and  transmit  music.  194  In 
 181  See  id. 
 182  See  Matt  Gilbert  Comment  at  1. 
 183  See  Scott  Lindsey-  Stevens  Comment  at  1. 
 184  See  James  M.  May  Comment  at  1. 
 185  See,  e.  g.,  John  C.  Holliman  Comment  at  1,  John  L.  Gafford  Comment  at  1,  John  Chamberlin  Comment 
 at  1,  David  Duke  Comment  at  1,  Matt  Gilbert  Comment  at  1.  186 
 See,  e.  g.,  Harold  Tate  Comment  at  1.  187 
 See,  e.  g.,  Keith  E.  Wyatt  Comment  at  1.  188 
 See,  e.  g.,  Dr.  David  M.  Colburn  Comment  at  1.  189 
 See  47  C.  F.  R.    97.  101(  d).  190 
 See  47  C.  F.  R.    97.  113(  b).  191 
 See  n.  175,  supra.  192 
 Section  97.113(  a)(  4)  of  the  Commissions  Rules  generally  prohibits  an  amateur  station  from  transmitting  music  using  a  phone  emission;  communications  intended  to  facilitate  a  criminal  act;  messages 


 (continued....) 
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 support  of  this  request,  petitioner  argues  that  our  Rules  violate  the  First  Amendment  because  they  allow  amateur  stations  to  make  one-  way  transmissions,  or  broadcasts,  of  information  that  is 
 determined  to  be  of  interest  to  other  amateur  radio  operators,  but  not  the  general  public,  and  to  transmit  tones,  as  long  as  the  tones  can  not  form  music.  195  Our  Rules  define  broadcasting  as 
 transmissions  intended  for  reception  by  the  general  public,  either  direct  or  relayed.  196  These  limitations,  petitioner  claims,  result  in  the  Federal  government  regulating  non-  commercial 
 individual  expression.  197 
 41.  Discussion.  We  are  not  persuaded  that  the  petitioner  has  presented  sufficient  reason  to  justify  the  requested  rule  amendment.  The  rules  allow  amateur  stations  to  transmit  one-  way 


 communications  only  for  specified  purposes  and  that  these  purposes  are  related  to  the  operation  of,  or  to  communications  between,  amateur  stations.  198  Amateur  stations  are  prohibited  from 
 broadcasting  and  transmitting  music  so  that  the  amateur  service  and  amateur  service  frequencies  are  not  used  as  an  alternative  to  broadcast  services  and  the  frequencies  these  other  services  are 
 authorized.  199  With  regard  to  the  petitioners  claim  that  amateur  stations  currently  are  permitted  to  make  only  certain  one-  way  broadcast  transmissions,  we  note  that  not  all  one-  way 
 transmissions  are  broadcasts  as  the  term  is  defined  in  our  Rules  because  not  all  one-  way  transmissions  are  intended  for  reception  by  the  general  public.  200  In  this  regard,  we  note  that  the 
 one-  way  transmissions  petitioner  refers  to  are  information  bulletins,  which  we  permit  amateur  stations  to  transmit.  201  We  also  note  that  tones  transmitted  by  amateur  stations  are  not  transmitted 
 with  the  intent  of  forming  music,  but  rather  are  the  result  of  transmitting  a  test  emission  to  adjust  equipment,  202  transmitting  a  CW  emission,  203  or  transmitting  a  data  emission.  204  To  allow 
 amateur  stations  to  transmit  music  or  broadcast,  as  the  term  is  defined  in  our  rules,  would  be 


 (...  continued  from  previous  page)  in  codes  or  ciphers  intended  to  obscure  the  messages  meaning;  obscene  or  indecent  words  or  language;  or 
 false  or  deceptive  messages,  signals  or  identification.  193 
 Section  97.  113(  b)  of  the  Commissions  Rules  generally  prohibits  an  amateur  station  from  engaging  in  any  form  of  broadcasting  or  program  production  or  news  gathering  activities  for  broadcasting  purposes, 


 except  communications  directly  related  to  the  immediate  safety  of  human  life  or  the  protection  of  property  where  no  other  means  of  communication  is  available. 
 194  See  Robert  H.  Birdsey  Petition  For  Rule  Making  at  1  (filed  Feb.  20,  2002)  (Birdsey  Petition).  The 
 petition  was  placed  on  public  notice  on  July  3,  2002.  See  Public  Notice,  Report  No.  2561(  rel.  Jul.  3,  2002).  No  comments  were  received. 


 195  See  id. 
 196  See  47  C.  F.  R.    97.3(  a)(  10).  See  also  47  C.  F.  R.    2.1(  c). 
 197  See  id. 
 198  47  C.  F.  R.    97.111(  b). 
 199  47  C.  F.  R.    97.  113(  b).  See  also,  Reorganization  and  Deregulation  of  Part  97  of  the  Rules  Governing  the 
 Amateur  Radio  Service,  PR  Docket  No.  88-  139,  Report  and  Order,  4  FCC  Rcd  4719  (1989).  200 
 47  C.  F.  R.    97.3(  a)(  10).  201 
 47  C.  F.  R.    97.111(  b)(  6).  202 
 47  C.  F.  R.    97.3(  c)(  9).  203 
 47  C.  F.  R.    97.3(  c)(  1).  204 
 47  C.  F.  R.    97.3(  c)(  2). 
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 inconsistent  with  the  definition  and  purpose  of  the  amateur  service.  205  For  these  reasons,  we  deny  the  petition. 
 3.  Information  Bulletin  Transmission  Limitations. 
 42.  Background.  Our  Rules  authorize  amateur  stations  to  transmit  one-  way  communications  to  assist  persons  in  learning  the  international  Morse  code  206  and  to  disseminate 


 information  bulletins.  207  On  April  11,  2002,  Mr.  John  J.  Elengo  requested  that  we  amend  our  Rules  to  impose  three  conditions  on  amateur  stations  that  transmit  information  bulletins:  (a)  limit 
 these  stations  to  a  single  transmission  that  does  not  exceed  fifteen  minutes;  (b)  require  a  time  period  between  successive  transmissions  of  not  less  than  two  hours;  and  (c)  limit  such 
 transmissions  in  any  given  amateur  service  band  to  four  per  amateur  station  per  24-  hour  period.  208  Petitioner  argues  that  such  transmissions  should  be  short  and  to  the  point  and  not  continue 
 unabated.  209  Petitioner  notes  that  lengthy  transmissions  of  information  bulletins  precludes  other  amateur  stations  from  transmitting  other  communications,  and  that  there  are  other  avenues 
 available  for  disseminating  the  information  contained  in  such  bulletins.  210 
 43.  On  January  22,  2003,  Mr.  Jonathan  S.  Gunn  requested  that  we  amend  our  Rules  to  define  the  term  one-  way  voice  broadcast  211  transmissions  and  impose  limitations  on  these 


 transmissions.  212  Gunn  proposes  that  we  define  one-  way  voice  broadcasts  as  any  voice  transmission  which  is  primarily  intended  to  convey  information,  but  which  is  not  reasonably 
 designed  to  establish  immediate  two-  way  communications  with  the  station  emitting  the  broadcast.  213  Additionally,  he  requests  that  we  impose  four  limitations  on  amateur  stations  that 
 transmit  one-  way  voice  broadcasts,  including  information  bulletins:  (a)  limit  a  single  transmission  from  a  station  to  not  more  than  thirty  minutes;  (b)  limit  multiple  transmissions  from  any  amateur 
 station  to  sixty  minutes  per  [each]  24-  hour  period;  (c)  require  a  time  period  of  not  less  than  eight  hours  between  successive  transmissions  on  the  same  amateur  service  band;  and  (d)  require  that 
 the  control  operator  of  a  station  take  reasonable  steps  to  assure  that  these  transmissions  will  not  cause  interference  to  ongoing  communications.  214  Petitioner  explains  that  because  the  amateur 
 service  rules  presently  do  not  contain  any  clear  limitations  on  one-  way  voice  broadcasts,  an  amateur  station  theoretically  could  transmit  these  broadcasts  twenty-  four  hours  a  day,  seven  days 


 205  See  para.  4,  supra.  See  also,  47  C.  F.  R.    2.  1(  c)  for  the  definitions  of  the  amateur  service  and 
 broadcasting  service.  206 
 See  47  C.  F.  R.    97.  111(  b)(  5).  207 
 See  47  C.  F.  R.    97.  111(  b)(  6).  An  information  bulletin  is  a  message  directed  only  to  amateur  operators  consisting  of  subject  matter  solely  directed  to  the  amateur  service.  See  47  C.  F.  R.    97.  3(  a)(  26). 


 208  See  John  J.  Elengo  Petition  For  Rule  Making  at  1  (filed  Mar.  18,  2002)  (Elengo  Petition). 
 209  See  id.,  citing  the  AARAs  occasional  use  of  a  talk  show  format  similar  to  that  used  by  broadcast 
 stations.  210 
 See  id.  at  3.  Petitioner  states  that  information  bulletins  can  be  distributed  via  readily  obtainable  and  periodically  printed  publications  and  via  the  internet. 


 211  See  Jonathan  S.  Gunn  Petition  For  Rule  Making  at  2  (filed  Jan.  22,  2003)  (Gunn  Petition). 
 212  See  id. 
 213  See  id.  at  2. 
 214  See  id. 
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 a  week,  thereby  effectively  claiming  a  frequency  or  number  of  frequencies  for  its  exclusive  use.  215  Petitioner  argues  that  lengthy  transmissions  of  one-  way  voice  broadcasts  are  inconsistent  with 
 shared  use  of  amateur  service  frequencies  because  such  transmissions  make  it  impracticable  for  other  licensees  to  use  the  frequency,  may  impede  the  use  of  amateur  service  frequencies  for 
 emergency  communications,  may  disrupt  ongoing  communications  when  they  commence,  and  are  inconsistent  with  the  purpose  of  the  amateur  service.  216 


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


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


 46.  Discussion.  An  information  bulletin  is  a  one-  way  transmission  consisting  solely  of  subject  matter  directly  related  to  the  amateur  service.  224  In  1988,  the  former  Private  Radio 
 Bureau  considered  and  denied  a  request  to  limit  information  bulletin  transmissions  to  ten  minutes  per  twenty-  four  hours.  225  The  Private  Radio  Bureau  stated  that  the  degree  of  congestion  caused 
 by  stations  transmitting  information  bulletins  was  not  sufficiently  serious  to  warrant  an  enforced  time  limit  on  such  transmissions  and  that  there  was  no  showing  that  such  bulletins  were  of  lesser 
 importance  than  other  types  of  permitted  transmissions.  226  For  these  reasons,  the  Commission 
 215  See  id.  at  1. 
 216  See  id. 
 217  See  Bob  Sherin  Notice  of  Inquiry  at  1  (filed  Jan.  30,  2003)  (Sherin  Petition). 
 218  See  id. 
 219  See  id. 
 220  See  Phillip  E.  Galasso  Petition  For  Rule  Making  at  3  (filed  Feb.  12,  2003)  (Glasso  Petition). 
 221  See  id.  at  2. 
 222  See  id.  at  2-  3. 
 223  See  id.  at  3. 
 224  See  47  C.  F.  R.    97.3(  a)(  26). 
 225  See  Petition  to  Amend  Section  97.  113(  d)(  2)  of  the  Commissions  Rules  to  Impose  a  Time  Limit  on 
 Information  Bulletins,  Order,  3  FCC  Rcd  1859  (1988).  226 
 See  id. 
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 concluded  that  it  would  not  serve  the  public  interest  to  amend  the  rules  as  requested.  227 
 47.  The  Commission  has  historically  relied  on  the  judgment  of  the  stations  control  operator  in  determining  the  content,  length,  frequency,  and  emission  type  of  information 


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


 C.  Amateur  Station  Call  Sign  Systems. 
 1.  Vanity  Call  Sign  System. 
 48.  In  Memoriam  provisions.  Background.  The  license  trustee  of  an  amateur  service  club  station  may  request  assignment  of  a  deceased  club  members  station  call  sign  to  the  club 


 with  the  written  consent  of  a  relative,  before  the  call  sign  becomes  generally  available  for  assignment.  230  However,  our  Rules  for  the  vanity  call  sign  system  do  not  permit  the  licensee  of 
 an  amateur  station,  while  living,  to  designate  the  recipient  club,  in  memoriam.  231 
 49.  On  October  26,  2001,  the  Quarter  Century  Wireless  Association,  Inc.,  sought  amendment  of  our  Rules  to  allow  currently  licensed  amateur  radio  operators  to  designate  a 


 specific  amateur  radio  club  to  acquire  their  call  sign  in  memoriam.  232  In  support  of  this  request,  QCWA  explains  that  the  vanity  call  sign  system  omits  the  most  qualified  individuals    licensees   
 from  executing  a  written  statement  expressing  a  desire  as  to  which  radio  club  receives  their  call  signs  in  memoriam.  233  This  omission,  QCWA  notes,  requires  a  relative  to  make  this  designation 
 post  mortem.  234  QCWA  recommends  that  the  in  memoriam  provision  should  rely  on  either  a 
 227  See  id. 
 228  For  example,  these  restrictions  would  prohibit  a  station  from  transmitting  brief  but  frequent  one-  way 
 messages  concerning  tornadoes,  hurricanes  and  floods.  These  restrictions  would  also  prohibit  an  amateur  station  from  transmitting  brief  (but  more  than  once  every  two  hours)  information  bulletin  messages  that 


 other  amateur  stations  desire  to  receive,  such  as  timely  notifications  of  another  stations  frequency  and  scheduled  on-  air  operation. 
 229  See  e.  g.,  DX  Summit  at  http://  oh2aq.  kolumbus.  com/  dxs/. 
 230  The  relative  may  be  a  spouse,  child,  grandchild,  stepchild,  parent,  grandparent,  stepparent,  brother, 
 sister,  stepbrother,  stepsister,  aunt,  uncle,  niece,  nephew,  or  in-  law  of  the  deceased  licensee.  See  47  C.  F.  R.    97.  19(  c)(  3). 


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


 233  See  id.  at  2-  3. 
 234  See  id.  at  1. 
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 written  statement  of  licensee  consent  ante  mortem,  or  a  written  document  provided  by  a  relative  of  the  club  member  post  mortem.  235  QCWA  avers  that  this  additional  option  would  allow  its 
 chapters  to  fulfill  the  expressed  desire  of  a  member  in  memoriam.  236 
 50.  Discussion.  A  majority  of  commenters  agree  with  QCWA  that  a  licensee  should  be  able  to  express  his  or  her  desire  as  to  which  radio  club  receives  their  call  signs  in  memoriam.  237 


 Two  commenters  state  that  it  would  be  much  easier  for  the  licensee  to  make  the  bequest  than  for  his  or  her  relatives.  238  Those  who  oppose  the  amendment  want  the  Commission  to  maintain 
 control  over  call  sign  grants  by  requiring  radio  clubs  to  apply  for  such  call  signs.  239  One  commenter  opposes  the  petition  on  the  basis  that  widespread  retirement  of  scarce  call  signs  would 
 force  future  generations  of  amateur  operators  to  use  less  efficient  call  signs.  240  Another  commenter  opposes  the  amendment  because  it  may  complicate  legal  issues  regarding  wills, 
 remove  the  ability  to  monitor  license  classes,  and  may  affect  the  Commissions  policies  on  revoking  call  signs  and  licenses.  241 


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


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


 53.  On  September  10,  2002,  Messrs.  Edwards,  Lynch,  and  Young  requested  that  we  amend  Part  97  to  prohibit  acceptance  of  more  than  one  application  per  applicant  per  vanity  call 


 235  See  id.  at  3. 
 236  See  id.  at  4. 
 237  See,  e.  g.,  Dave  Bowker  Comments  at  1,  Jeffery  Goodnuff  Comments  at  1,  Sam  R.  Kelly  Comments  at  1, 
 Collin  Dvork  Comments  at  1.  238 
 Dave  Bowker  Comments  at  1,  Jeffery  Goodnuff  Comments  at  1.  239 
 See,  e.  g.,  Harold  Tate  Comments  at  1,  Steven  E.  Matda  Comments  at  1.  240 
 See,  e.  g.,  Ken  Alan  Comments  at  1.  241 
 See,  e.  g.,  Steve  Bryant  Comments  at  1.  242 
 See  Amendment  of  the  Amateur  Service  Rules  to  Implement  a  Vanity  Call  Sign  System,  Report  and  Order,  10  FCC  Rcd  1039,  1039    4  (1995). 


 243  See  47  C.  F.  R.    97.  19(  b). 
 244  See  47  C.  F.  R.    97.3(  a)(  11). 
 245  See  47  C.  F.  R.    1.913. 
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 sign.  246  Petitioners  explain  that  this  restriction  will  ensure  that  all  applicants  receive  an  equal  chance  to  receive  the  requested  call  sign.  247  In  support  of  this  request,  petitioners  note  that  for 
 very  desirable  call  signs,  such  as  the  W  or  K  1  X  2  call  signs,  248  and  the  2  X  1  call  signs,  249  there  are  almost  always  multiple  applicants  for  a  single  call  sign,  250  and  often  those  who  file 
 multiple  applications  are  successful  in  being  awarded  the  desired  call  sign  in  the  random  selection  process.  251  Thus,  petitioners  state  that  the  Commissions  practice  of  allowing  an  applicant  to  file 
 multiple  applications  has  created  a  de  facto  lottery  which  favors  wealthy  applicants.  252 
 54.  Discussion.  When  the  Commission  established  the  vanity  call  sign  system  in  1995,  253  the  license  process  permitted  an  applicant  to  file  more  than  one  application  requesting  a  particular 


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


 2.  Special  Event  Call  Sign  System. 
 55.  Background.  The  special  event  call  sign  system  254  allows  the  licensee  of  an  amateur  station,  when  transmitting  in  conjunction  with  an  event  of  special  significance  to  the  amateur 


 service  community,  to  select  a  call  sign  from  a  list  of  750  1  X  1  call  signs.  255  A  licensee  may 


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


 247  See  id. 
 248  A  1  X  2  call  sign  has  a  one  letter  prefix  (K,  N,  W)  and  a  two  letter  suffix  (AA-  ZZ)  separated  by  a 
 numeral  0-  9  (for  example  W1AW).  249 
 A  2  X  1  call  sign  has  a  two  letter  prefix  (AA-  AL,  KA-  KZ,  NA-  NZ,  WA-  WZ)  and  a  one  letter  suffix  separated  by  a  numeral  0-  9  (for  example  KL1B). 


 250  See  Edwards  Petition  at  2. 
 251  See  id.  at  3. 
 252  See  id.  at  6. 
 253  See  Amendment  of  the  Amateur  Service  Rules  to  Implement  a  Vanity  Call  Sign  System,  Report  and 
 Order,  PR  Docket  No.  93-  305,  10  FCC  Rcd  1039  (1995),  Memorandum  Opinion  and  Order,  10  FCC  Rcd  11135  (1995),  and  Second  Memorandum  Opinion  and  Order,  11  FCC  Rcd  5283  (1996). 


 254  See  Amendment  to  the  Amateur  Service  Rules  Including  Amendments  for  Examination  Credit, 
 Eligibility  for  a  Club  Station  License,  Recognition  of  the  Volunteer  Examiner  Session  Manager,  a  Special  Event  Call  Sign  System,  and  a  Self-  Assigned  Indicator  in  the  Station  Identification  Process,  Report  and 


 Order,  12  FCC  Rcd  3804  (1997).  255 
 The  format  of  special  event  call  signs  is  limited  to  call  signs  that  have  the  single  letter  prefix  K,  N  or  W,  followed  by  a  single  numeral  0  through  9,  followed  by  a  single  letter  except  the  letter  X  (for  example  K1B). 
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 substitute  the  special  event  call  sign  for  the  call  sign  shown  on  the  station  license  grant  while  the  station  is  transmitting.  256  The  ARRL  requests  that  we  amend  our  Rules  257  to  add  to  the  special 
 event  call  sign  system  certain  call  sign  blocks  that  designate  territories  and  possessions  that  have  no  specified  mailing  addresses.  258  These  territories  and  possessions  include,  among  others, 
 Kingman  Reef,  Baker  and  Howland  Islands,  and  Wake  Island  in  the  Pacific  Ocean,  and  the  islands  of  Navassa  and  Desecheo  in  the  Caribbean  Sea.  259  The  ARRL  notes  that  each  of  these 
 locations  has  a  call  sign  prefix  associated  with  it  in  the  sequential  call  sign  system,  but  no  call  sign  may  be  assigned  to  any  station  because  there  is  no  mailing  address.  260  For  this  reason,  the 
 ARRL  asserts  that  these  call  sign  blocks  are  not  used.  261 
 56.  In  support  of  this  request,  the  ARRL  states  that  amateur  station  operation  from  uninhabited  United  States  territories  and  possessions  for  avocational  interest,  in  support  of  a 


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


 57.  Discussion.  We  do  not  believe  that  the  requested  rule  amendment  is  necessary  because  there  is  no  requirement  in  the  rules  that  a  station  transmit  its  location  or  denote  that  it  is 
 transmitting  from  a  territory  or  possession  when  it  does  so.  As  a  convenience  to  the  amateur  radio  operators,  however,  our  Rules  already  provide  various  options  amateur  radio  operators  may 
 use  to  indicate  that  the  station  is  transmitting  from  a  particular  US  territory  or  possession.  Specifically,  Section  97.119(  c)  permits  the  control  operator  of  a  station  to  include  one  or  more 
 indicators  before,  after,  or  both  before  and  after,  the  call  sign.  266  We  note  that  self-  assigned  indicators  that  control  operators  routinely  use  include  the  prefix  reserved  in  the  sequential  call 
 sign  system  for  the  offshore  location,  the  name  of  the  island,  an  Islands  On  The  Air  reference  number,  and  grid  square  designators.  Self-  assigned  indicators  have  been  used  successfully  by 
 many  FCC  and  foreign  licensees  and  have  been  accepted  by  other  amateur  radio  operators.  In  addition,  our  Rules  provide  for  the  use  of  special  event  call  signs  to  inform  other  stations  of 


 256  See  47  C.  F.  R.    97.3(  a)(  11). 
 257  See  id. 
 258  See  ARRL  Petition  at  16-  18. 
 259  See  id.  at  17. 
 260  See  id.  citing  47  C.  F.  R.    97.  19(  d)(  4). 
 261  See  id  at  17. 
 262  See  id.  at  16-  17. 
 263  See  ARRL  Petition  at  17. 
 264  See  Frank  A.  Lynch  Comments  of  at  1  and  Rich  Eyre-  Eagles  Comments  at  1. 
 265  See  Michael  Bucklaew  Comments  at  2  (citing  the  use  of  the  special  event  call  sign  K5K  by  stations 
 transmitting  from  Kingman  Reef).  266 
 See  47  C.  F.  R.    97.  119(  c). 
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 transmissions  from  locations  without  a  mailing  address.  267  In  this  regard,  we  note  there  is  no  shortage  of  special  event  call  signs  and  that  many  licensees  have  successfully  used  this 
 alternative.  268 
 D.  Field  Repair  Requirements  for  Equipment. 
 58.  Background.  On  February  11,  2002,  Mr.  Nickolaus  E.  Leggett  requested  amendment  of  the  amateur  service  rules  to  require  all  commercially-  built  amateur  radio  equipment  to  be  field-repairable. 
 269  In  support  of  his  request,  Leggett  states  that  most  commercially-  built  amateur  radio 
 systems  are  difficult  to  repair  in  the  field  due  to  a  very  densely  packaged  structural  design  that  is  optimized  for  machine  assembly  thereby  making  it  extremely  difficult  to  access,  diagnose,  and 


 replace  parts  in  the  field.  270  The  petitioner  also  requests  the  rules  to  include  specific  equipment  design  requirements.  271 


 59.  Discussion.  We  received  over  eighty  comments  to  the  Leggett  Petition.  All  but  three  commenters  oppose  the  amendment  explaining  that  the  petition  is  vague;  272  that  there  is  no  need 
 to  regulate  the  repairability  of  amateur  radio  equipment;  273  that  commercially  produced 


 267  See  47  C.  F.  R.    97.  3(  a)(  11).  Allowing  call  sign  blocks  that  denote  specific  offshore  locations  in  the 
 sequential  call  sign  system  to  also  be  used  in  the  special  event  call  sign  system,  may  result  in  licensee  confusion.  We  note  that  Hawaii,  Alaska,  and  geographic  locations  in  the  Caribbean  and  Pacific  Insular 


 Areas  where  the  Commission  regulates  the  amateur  service,  are  designated  as  "entities"  by  the  ARRL  for  operating  award  purposes.  As  a  convenience  to  the  amateur  service  community,  a  station  whose  licensee 
 has  a  mailing  address  at  one  of  these  locations  is  permitted  a  call  sign  with  a  prefix  denoting  the  ARRL  entity  or  "country".  Although  it  is  not  currently  possible  to  obtain  a  mailing  address  for  certain  of  these 
 ARRL  entities,  small  blocks  of  call  signs  are  provided  for  amateur  operators  who,  while  operating  their  stations  from  such  locations,  use  these  call  signs  as  self-  assigned  indicators  to  announce  their  unique 
 location  to  other  amateur  operators.  268 
 We  note  that  recently  K1B  was  used  from  Baker  Island,  K2G  from  Guam,  K5K  from  Kingman  Reef,  K7K  from  Kure  Island,  K8O  from  Ofu  Island,  American  Samoa,  and  K8T  from  Tutuila  Island,  American 


 Samoa.  269 
 See  Mr.  Nickolas  E.  Leggett  Petition  For  Rule  Making  at  4  (filed  Nov.  21,  2001)  (Leggett  Petition).  The  Leggett  Petition  was  placed  on  public  notice  on  April  16,  2002.  See  Public  Notice,  Report  No.  2543  (rel. 


 Apr.  16,  2002).  A  list  of  commenters  is  presented  in  Appendix  B.  270 
 See  id.  at  2.  271 
 The  Leggett  Petition  recommends  the  following  as  examples  of  design  requirements  that  should  be  mandated  by  the  Commission:  field-  replaceable  modules  or  circuit  boards;  required  minimum  spacing  of 


 components  on  circuit  boards  for  access  and  replacement;  test  points  and  test  jacks  for  measuring  voltages,  currents,  and  wave  forms;  light-  emitting  diode  (LED)  displays  of  bus  signals  on  digital  systems;  chassis 
 with  access  doors  and  removable  shielding  sections  for  radio  frequency  probing  and  field  repair  without  removal  of  all  the  enclosures;  removable  integrated  circuits  (ICs)  mounted  in  sockets;  availability  of  spare 
 ICs  and  other  special  components  used  in  amateur  radio  equipment,  and  availability  of  service  manuals  and  fully-  detailed  schematic  diagrams  of  the  amateur  radio  equipment  (including  specifications  of  the  normal 
 voltages,  currents,  and  wave  forms  at  the  equipment  test  points),  as  examples  of  design  requirements  that  could  be  mandated.  Leggett  Petition  at  4-  5. 
 272  See,  e.  g.,  Neil  J.  Nitzberg  Comments  at  1,  Randall  Winchester  Comments  at  1,  Fred  C.  Kelly,  III, 
 Comments  at  1.  273 
 See,  e.  g.,  Paul  Hadley  Comments  at  1,  Willis  Whatley  Comments  at  1,  Randall  Winchester  Comments  at  1,  John  Flynn  Comments  at  1. 
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 equipment  already  is  repairable  in  some  manner;  274  that  adopting  the  requirements  requested  in  the  petition  would  result  in  less  reliable  equipment;  275  that  those  interested  in  field  repairability 
 can  buy  kits,  276  and  having  a  backup  radio  available  can  solve  the  problem  of  field  repairability  of  equipment  .  277 


 60.  Based  on  our  review  of  the  record,  we  are  not  persuaded  that  proposing  the  requested  rule  amendment  is  warranted.  From  the  comments  received,  there  appears  to  be  strong  sentiment 
 within  the  amateur  radio  community  against  requiring  field-  repairable  equipment.  Because  we  are  particularly  concerned  that  the  requested  rule  is  vague  and  would  impose  an  apparently 
 unnecessary  requirement  on  manufacturers,  we  believe  that  this  request,  if  adopted,  would  reduce  the  availability  and  reliability  of  commercially  produced  amateur  radio  equipment.  We  believe 
 that  such  a  result  is  not  in  the  public  interest  and,  for  this  reason,  we  deny  the  petition. 
 E.  Unlicensed  Operation  in  the  420-  450  MHz  Band. 
 61.  Background.  In  the  United  States,  the  420-  450  MHz  frequency  band  is  allocated  to  government  radiolocation  services  on  a  primary  basis  and  the  amateur  service  on  a  secondary 


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


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


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


 Reynolds  Comments  at  1.  276 
 See,  e.  g.,  Marc  Pohm  Comments  at  1,  Christopher  J.  Cieslak  Comments  at  2,  Larry  L.  Ledlow,  Jr.,  Comments  at  1. 


 277  See,  e.  g.,  Robert  Boehmer  Comments  at  1,  Francis  Bradley  Comments  at  1,  Richard  Thommason 
 Comments  at  1,  Vincent  Mastroglovanni  Comments  at  1.  278 
 See  47  C.  F.  R.    2.106.  279 
 See  id.  280 
 See  generally  Trahos  Petition.  The  Trahos  Petition  was  placed  on  public  notice  on  August  8,  2002.  See  Public  Notice,  Report  No.  2567  (rel.  Aug.  8,  2002).  A  list  of  commenters  is  presented  in  Appendix  B. 


 281  See  id.  at  5. 
 282  See  id.  at  6. 
 283  See  id. 
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 secondary  basis  to  amateur  service  operations.  284 
 62.  Discussion.  We  received  over  120  comments  were  received,  each  strongly  opposing  the  Trahos  Petition.  Commenters  generally  argue  that  the  420-  450  MHz  band  is  allocated  to  the 


 U.  S.  government  radiolocation  services  on  a  primary  basis  and  should  not  be  authorized  to  the  unlicensed  personal  radio  services.  285  The  ARRL  and  others  oppose  the  requested  rule 
 amendments  on  the  basis  that  unlicensed  operation  on  446.0-  446.1  MHz  is  contrary  to  the  fundamental  regulatory  structure  of  the  amateur  service,  286  and  would  cause  interference  to 
 amateur  service  repeaters  and  other  amateur  service  stations.  287  Other  commenters  state  that  the  requested  rule  revision  is  unnecessary  because  visitors  can  purchase  inexpensive  FRS  radios 
 while  visiting  the  U.  S.,  thereby  keeping  unlicensed  operators  on  unlicensed  frequencies.  288  In  addition,  some  commenters  aver  that  unlicensed  operation  by  foreign  visitors  to  the  U.  S.  can  be 
 addressed  by  educating  such  visitors  as  to  our  Rules  through  foreign  consular  offices  and  the  internet.  289 


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


 F.  Station  Identification. 
 64.  Background.  Our  Rules  generally  require  each  amateur  station  to  transmit  its  assigned  call  sign  on  its  transmitting  channel.  293  Specifically,  the  station  must  transmit  the  call 


 284  See  id. 
 285  See,  e.  g.,  Todd  Ellis  Comments  at  2,  Tim  Osborne  Comments  at  1. 
 286  See,  e.  g.,  ARRL,  Inc.  Comments  at  3. 
 287  See,  e.  g.,  ARRL,  Inc.,  Comments  at  4,  Phillip  E.  Glasso  Comments  at  2,  Danny  L.  Musten  Comments  at 
 1,  BJ  Jenkins,  Sr.,  Comments  at  1,  Ken  Meyer  at  Comments  1,  James  A..  Pierson,  Jr.,  Comments  at  1,  JR  Bayford  Comments  at  1. 


 288  See,  e.  g.,  Susan  Swiderski  Comment  at  1,  Don  Byrer  Comments  at  1,  Lee  Hendrickson  Comments  at  1, 
 Tim  Osborne  Comments  at  1,  ARRL  Comments  at  5.  289 
 See  Todd  Ellis  Comments  of  at  2,  Philip  E.  Glasso  Comments  at  3.  290 
 See  47  C.  F.  R.    2.106.  291 
 See  id.  292 
 See  47  C.  F.  R.  Part  95  Subpart  J.  293 
 See  47  C.  F.  R.    97.119(  a).  There  are  two  exceptions  to  this  general  rule.  We  do  not  require  space  stations  and  telecommand  stations  to  transmit  their  assigned  call  sign  on  their  transmitting  channel  at  the 


 end  of  each  communication  and  at  least  every  ten  minutes  during  a  communication. 
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 sign  with  an  emission  authorized  for  the  transmitting  channel  in  one  of  four  ways,  including  a  CW  emission  294  or  a  phone  emission  in  the  English  language.  295  A  phone  emission  includes  tone-modulated 
 telegraphy  (MCW)  for  the  purpose  of  performing  the  station  identification  procedure.  296 


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


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


 G.  Amateur  Station  Operation  on  the  902-  928  MHz  Band 
 67.  Background.  Our  Rules  set  forth  a  geographic  restriction  on  amateur  station  operation  in  the  33  cm  band  (902-  928  MHz)  in  certain  areas  of  Colorado  and  Wyoming.  303  In 


 1990,  the  Commission  waived  this  rule  to  authorize  amateur  stations  in  that  restricted  area  to  transmit  in  specified  frequency  segments  of  the  33  cm  band.  304  Under  the  terms  of  this  waiver, 
 this  authorization  was  for  an  indefinite  time  period.  305  The  ARRL  requests  that  we  incorporate  the  terms  of  this  waiver  in  the  Rules  so  that  the  operating  limitations  in  Colorado  and  Wyoming 


 294  See  n.  27,  supra. 
 295  See  47  C.  F.  R.    97.  119(  b). 
 296  See  47  C.  F.  R.    97.3(  c)(  5). 
 297  See  47  C.  F.  R.    97.  119(  b)(  1). 
 298  A  repeater  is  an  amateur  station  that  simultaneously  retransmits  the  transmissions  of  another  amateur 
 station  on  a  different  channel  or  channels.  299 
 See  ARRL  Petition  at  15.  300 
 See  id.  301 
 See  Michael  Bucklaew  Comments  at  1  and  Frank  A.  Lynch  Comments  at  1.  302 
 See  47  C.  F.  R.    97.  205(  b),  97.  305(  c).  303 
 See  47  C.  F.  R.    97.  303(  g)(  1).  304 
 See  Waiver  of  Parts  2  and  97  of  the  Rules  Concerning  Frequency  Sharing  Requirements  Applicable  to  the  Amateur  Service  in  Portions  of  Colorado  and  Wyoming,  Order,  5  FCC  Rcd  3041  (1990).  (Amateur 


 stations  may  transmit  on  the  902.  0-  902.  4  MHz;  902.  6-  904.  3  MHz;  904.  7-  925.  3  MHz;  925.7-  927.  3  MHz,  and  927.  7-  928  MHz  frequency  segments.) 
 305  See  id. 
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 may  be  known  to  all  amateur  stations.  306 
 68.  Discussion.  We  agree  that  placing  these  operating  limitations  in  our  Rules  would  increase  their  availability  to  all  amateur  station  licensees.  Accordingly,  we  believe  that  inserting 


 these  limitations  into  our  Rules  is  a  reasonable  manner  to  make  these  limitations  known.  For  these  reasons,  we  propose  to  amend  Section  97.303(  g)(  1)  as  the  ARRL  requests. 


 H.  Color  Coded  Amateur  Radio  Licenses 
 69.  Background.  Section  97.5  of  our  Rules  sets  forth  the  various  types  of  amateur  service  station  license  grants  we  issue.  307  We  print  amateur  service  license  documents  for  the 


 different  types  of  station  licenses  and  the  different  classes  of  operator  licenses  on  the  same  license  form  using  an  automated  process.  On  December  10,  2002,  Mr.  Dale  E.  Reich  asked  that  we  issue 
 color-  coded  amateur  radio  license  documents.  308  Specifically,  the  petitioner  requests  that  we  print  Advanced  and  Amateur  Extra  Class  operator  licenses  on  blue  paper  stock,  General  Class 
 operator  licenses  on  Federal  Gold  paper  stock,  and  Technician  Class  operator  licenses  on  red  paper  stock.  309  Mr.  Reich  states  that  there  is  no  real  advantage  to  his  request  other  than  it  would 
 be  a  positive  image  maker  for  the  amateur  radio  community.  310  The  petitioner  also  requests  that  we  continue  to  print  other  amateur  service  license  documents  on  the  paper  stock  we  presently 
 use.  311 
 70.  Discussion.  As  an  initial  matter  we  note  that  whether  an  individual  is  an  amateur  service  licensee  and  the  class  of  operator  privileges  a  person  has  qualified  for  is  determined  only 


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


 306  See  ARRL  Petition  at  18-  19. 
 307  See  47  C.  F.  R.    97.5. 
 308  See  Mr.  Dale  E.  Reich  Petition  For  Rule  Change  at  1  (filed  Dec.  10,  2002)  (Dec.  10,  2002,  Reich 
 Petition).  309 
 See  id.  310 
 See  id.  311 
 See  id.  312 
 See  Amendment  of  the  Amateur  Service  Rules  to  Change  Procedures  for  Filing  an  Amateur  Service  License  Application  and  to  Make  Other  Procedural  Changes,  Order,  9  FCC  Rcd  6111  (1994). 
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 I.  Instant  Licensing 
 71.  Background.  When  an  individual  initially  qualifies  for  an  amateur  radio  license,  the  volunteer  examiners  (VEs)  submit  the  examinees  application  to  the  coordinating  volunteer 


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


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


 313  See  47  C.  F.  R.    97.  509(  m),  97.  519(  b). 
 314  See  47  C.  F.  R.    97.7. 
 315  See  Mr.  Dale  E.  Reich  Petition  For  Rule  Change  at  1  (filed  Dec.  4,  2002)  (Dec.  4,  2002,  Reich  Petition). 
 316  See  id.  at  2. 
 317  See  Amendment  of  Parts  0,  1,  and  97  of  the  Commissions  Rules  to  Allow  the  Use  of  Volunteers  to 
 Prepare  and  Administer  Operator  Examinations  in  the  Amateur  Radio  Service,  Notice  of  Proposed  Rulemaking,  PR  Docket  No.  83-  27,  48  Fed.  Reg.  8090  (1983). 


 318  See  id.  at    21. 
 319  See  47  U.  S.  C.    154  (f)(  4)(  A). 
 320  An  licensee  who  has  qualified  for  a  higher  class  of  operator  license  is  authorized  to  exercise  the  rights 
 and  privileges  of  the  higher  class  operator  license  until  final  disposition  of  the  application  or  until  365  days  after  the  passing  of  the  examination.  See  47  C.  F.  R.    97.  9(  b). 


 321  See  47  C.  F.  R.    97.  519(  b). 
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 J.  Space  Station  Launch  Notification 
 73.  Background.  Any  amateur  station  may  be  a  space  station.  322  Moreover,  the  license  grantee  of  a  space  station  must  file  with  the  Commission  written  pre-  space  station  notifications 


 twenty-  seven  and  five  months  before  initiating  space  station  transmissions,  seven  days  following  initiation  of  these  transmissions,  and  no  later  than  three  months  after  termination  of  these 
 transmissions.  323  These  notifications  are  required  so  that  the  ITU  Radiocommunications  Bureau  may  be  informed  of  space  stations  in  the  amateur-  satellite  service  when  these  stations  operate  in 
 bands  shared  with  other  services.  324 
 74.  On  December  2,  2002,  the  Radio  Amateur  Satellite  Corporation  (AMSAT)  requested  that  we  amend  our  Rules  to  require  the  filing  of  pre-  space  station  notification  information  within 


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


 75.  Discussion.  We  received  twenty  six  comments  in  response  to  the  AMSAT  Petition.  All  of  the  commenters  support  the  amendment  explaining  that  the  present  requirement  can  not  be 
 met,  330  that  the  twenty-  seven  month  notification  requirement  is  excessively  long,  331  and  that  the  requested  amendment  would  eliminate  the  need  for  the  Commission  to  process  waiver  requests.  332 


 322  See  47  C.  F.  R.    97.  207(  a). 
 323  See  47  C.  F.  R.    97.  207(  g),  (h),  (i). 
 324  See  Radio  Regulations  No.  25.  11. 
 325  See  Radio  Amateur  Satellite  Corporation  Petition  For  Rule  Making  at  2  (filed  December  2,  2002) 
 (AMSAT  Petition).  The  petition  was  placed  on  public  notice  on  December  18,  2002.  See  Public  Notice,  Report  No.  2589  (rel.  Dec.  18,  2002).  A  list  of  commenters  is  presented  in  Appendix  B. 


 326  Id. 
 327  Id.,  47  C.  F.  R.    97.  207(  g). 
 328  Id. 
 329  Id. 
 330  See  Stephen  Michael  Kellett  Comment  at  1. 
 331  See,  e.  g.,  Mark  Ryan  Comment  at  1,  James  E.  Whedbee  Comments  at  1,  Terry  L.  Nixon  Comments  at  1, 
 Nickolaus  E.  Leggett  Comments  at  1,  ARRL,  Inc.,  Comments  at  2-  3.  332 
 See,  e.  g.,  James  E.  Whedbee  Comments  at  1,  Howard  DeFelice  Comments  at  1, 
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 We  agree  that  because  amateur  radio  space  stations  are  secondary  payload  launch  commitments  and  these  commitments  rarely  become  available  twenty-  seven  months  or  more  in  advance,  it  is 
 not  possible  for  licensees  to  meet  a  twenty-  seven  month  notification  requirement.  We  also  believe  that  a  rule  that  we  routinely  waive  because  it  cannot  be  met  serves  no  useful  purpose. 
 Additionally,  we  note  that  the  intent  of  notification,  to  inform  others  of  transmissions  in  case  harmful  interference  occurs,  can  be  satisfied  by  using  other  benchmarks  for  the  dates  notification 
 must  be  submitted. 
 76.  We  will  not  propose  to  require  that  notification  information  be  submitted  within  thirty  days  after  obtaining  a  launch  commitment  as  AMSAT  requests  because  we  do  not  believe 


 that  thirty  days  after  a  launch  commitment  is  obtained  provides  adequate  time  for  us  to  review  the  notification  and  make  a  determination  as  to  its  sufficiency.  Rather,  we  propose  to  use  the  date  the 
 space  station  launch  vehicle  is  determined  and  the  date  integration  of  the  space  station  into  the  launch  vehicle  occurs  as  dates  for  determining  when  notification  must  be  submitted.  Specifically, 
 we  propose  to  require  that  pre-  space  notification  be  submitted  within  30  days  after  the  launch  vehicle  is  determined,  but  no  later  than  90  days  before  the  space  station  is  integrated  into  the 
 launch  vehicle.  In  this  regard,  we  note  that  the  date  a  launch  vehicle  is  determined  usually  occurs  well  before  a  launch  commitment  is  obtained.  We  believe  that  requiring  a  licensee  to  provide 
 notification  within  thirty  days  after  the  launch  vehicle  is  determined  and  no  later  than  90  days  before  integration  of  the  space  station  into  the  launch  vehicle  provides  adequate  time  before 
 launch  to  make  changes  in  the  space  station  if  we  find  that  the  notification  is  deficient  in  some  material  way.  We  also  propose  to  consolidate  all  notification  requirements  in  one  paragraph  of 
 the  Section  97.207.  We  request  comment  on  these  proposals. 
 77.  We  also  seek  comment  on  what  actions  the  Commission  should  take  if  it  is  presented  with  an  orbital  debris  mitigation  plan  that  raise  concerns  as  to  the  debris  mitigation  practices  of  an 


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


 K.  Examination  Credit  for  Merit  and  Service 
 78.  Background.  When  a  person  takes  an  examination  for  an  amateur  radio  operator  license,  our  Rules  require  that  the  VE  must  give  that  person  examination  credit  for  certain 


 examination  elements  if  that  person  can  show  he  or  she  holds  or  has  held  certain  amateur  radio  license  grants,  other  Commission  licenses,  or  certain  other  documents.  335  No  credit  is  granted 
 based  on  length  of  licensure,  operating  or  participation  activities,  or  any  other  service  activities  a  licensee  may  have  performed. 


 333  See  Mitigation  of  Orbital  Debris,  Notice  of  Proposed  Rulemaking,  IB  Docket  No.  02-  34,  17  FCC  Rcd 
 5586  (2002).  The  Commission  has  proposed  to  adopt  orbital  debris  mitigation  requirements  for  Commission-  authorized  space  stations,  including  space  stations  in  the  amateur  radio  service.  A  debris 


 mitigation  showing  would  be  required  in  connection  with  the  notification.  334 
 See,  e.  g.,  47  CFR    97.  27.  335 
 See  47  C.  F.  R.    97.  505. 
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 79.  On  November  14,  2002,  Mr.  Dale  E.  Reich  requested  that  we  amend  our  Rules  to  allow  VEs  to  give  examination  credit  to  Novice  and  Advanced  Class  licensees  for  length  of 
 licensure  and  merit.  336  Specifically,  petitioner  requests  that  we  authorize  VEs  to  give  Novice  and  Advanced  Class  licensees  examination  credits  necessary  for  them  to  qualify  for  a  Technician  or 
 Amateur  Extra  Class  operator  license,  respectively,  if  those  licensees  have  been  licensed  twenty  or  more  years  or  who  have  been  without  a  serious  FCC  rule  violation.  337  In  support  of  this 
 request,  Mr.  Reich  states  that  we  should  allow  some  of  the  remaining  Novice  and  Advanced  Class  licensees  to  advance  to  the  next  higher  class  operator  license  without  examination  because  more 
 difficult  examinations  were  required  of  licensees  in  the  past.  338 
 80.  Discussion.  We  received  over  one  hundred  and  seventy  comments  in  response  to  the  Reich  Petition.  The  majority  of  commenters  oppose  the  petition  explaining  that  the  request  is 


 vague;  339  that  upgrading  from  the  Novice  and  Advanced  Class  operator  licenses  to  the  Technician  or  Amateur  Extra  Class  is  not  difficult;  340  that  length  of  licensure  or  credit  for  public  service  is 
 unrelated  to  whether  a  person  qualifies  for  the  operating  privileges  of  a  higher  class  operator  license;  341  and  that  the  proposal  would  impose  unreasonable  administrative  and  record  keeping 
 burdens  on  VEs  and  VECs.  342 
 81.  Based  on  our  review  of  the  record,  we  are  not  persuaded  that  proposing  the  requested  rule  amendment  is  warranted.  As  an  initial  matter,  we  note  that  the  issue  of  whether  to  upgrade 


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


 82.  Likewise,  we  do  not  believe  that  operating  without  a  serious  FCC  rule  violation  shows  that  a  licensee  necessarily  possesses  the  operational  and  technical  qualifications  of  a  higher 


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


 337  Id. 
 338  Id. 
 339  See,  e.  g.,  William  Houlne  Comments  at  1  and  Nathan  Bargmann  Comments  at  1. 
 340  See,  e.  g.,  Tim  Hagfors  Comments  at  1,  Nathan  Bargmann  Comments  at  1,  Bill  Strickland  Comments  at 
 1,  and  James  T.  Ferrell  Comments  at  1.  341 
 See,  e.  g.,  Steven  E.  Matda  Comments  at  1,  Justin  Cox  Comments  at  1,  John  A.  Reynolds  Comments  at  1,  Thomas  H.  Busch  Comments  at  1,  and  Charles  Ristorcelli  Comments  at  1. 


 342  See,  e.  g.,  William  Houlne  Comments  at  2  and  Steven  E.  Matda  Comments  at  1. 
 343  See  License  Restructure  Report  and  Order,  15  FCC  Rcd  at  323    15. 
 344  See  License  Restructure  Report  and  Order,  15  FCC  Rcd  at  323  n.  55. 
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 class  operator  license.  Rather,  we  believe  that  passing  an  examination  concerning  the  operational  and  technical  privileges  of  a  higher  class  operator  license  shows  that  a  licensee  qualifies  for  that 
 license.  In  this  regard,  we  note  that  because  current  examination  questions  reflect  current  technological  advances  and  operating  practices  that  did  not  exist  twenty  years  ago  345  the 
 examinations  an  examinee  must  pass  today  may  be  more  difficult  than  the  examinations  required  of  licensees  in  the  past.  For  these  reasons,  we  deny  the  petition. 


 L.  Commission  Proposals  and  Order 
 83.  In  addition  to  the  changes  recommended  by  the  petitioners,  we  also  propose  various  amendments  to  our  Rules.  We  believe  these  changes  will  streamline  our  proceedings,  simplify 


 our  administration  of  the  amateur  service,  and  eliminate  unnecessary  restrictions  and  requirements  imposed  on  licensees. 


 84.  Third-  party  communications.  Third  party  communications  are  messages  from  the  control  operator  of  an  amateur  station  to  another  amateur  station  control  operator  on  behalf  of 
 another  person,  the  third  party.  346  Generally,  the  third  party  is  an  individual  who  is  not  a  licensee  in  the  amateur  service.  Authorization  to  transmit  third  party  communications  allows  amateur 
 radio  operators  to  assist  the  public,  particularly  with  respect  to  providing  emergency  communications,  because  amateur  radio  operators  may  transmit  messages  on  behalf  of  members 
 of  the  public.  347  In  order  to  prevent  individuals  who  have  violated  our  Rules  in  the  past  from  communicating  via  amateur  radio  stations,  however,  our  Rules  prohibit  certain  former  licensees 
 from  being  third  parties.  348  We  propose  to  revise  Section  97.115  of  our  Rules  to  add  to  the  existing  list  of  individuals  who  are  not  eligible  to  be  third-  parties  a  former  licensee  whose  license 
 was  not  renewed  after  a  hearing,  and  to  clarify  that  only  a  station  transmitting  a  RTTY  or  data  emission  may  be  automatically  controlled  while  transmitting  third-  party  communications.  349  We 
 request  comment  on  these  proposals. 
 85.  Limitations  imposed  on  manufacturers.  Our  Rules  prohibit  commercial  manufactures  from  marketing  power  amplifiers  that  are  capable  of  transmitting  on  the  12  m  and  10  m  amateur 


 service  bands  to  amateur  radio  operators.  350  We  believe  that  these  rules  impose  unnecessary  restrictions  on  manufacturers  of  amateur  radio  equipment,  are  inconsistent  with  the  experimental 
 nature  of  the  amateur  service,  351  and  may  result  in  amateur  stations  transmitting  at  higher  power  levels  than  necessary.  352  Accordingly,  we  propose  to  amend  Sections  97.315  and  97.317  of  our 


 345  See  47  C.  F.  R.    97.  523. 
 346  See  47  C.  F.  R.    97.  3(  a)(  46). 
 347  See  47  C.  F.  R.    97.  1(  a). 
 348  See  47  C.  F.  R.    97.  115(  b)(  2). 
 349  See  47  C.  F.  R.    97.  115. 
 350  See  47  C.  F.  R.    97.  315,  97.  317.  See  also  47  C.  F.  R.    2.  815(  b),  2.1060(  c).  The  12  m  band  is  24.  89- 
 24.  99  MHz  and  the  10  m  band  is  28.  0-  29.  7  MHz.  We  note  that  the  rules  do  not  impose  a  similar  limitation  on  amateur  service  licensees  who  build,  modify,  purchase  used,  or  otherwise  obtain  a  RF  power  amplifier. 


 351  See  47  C.  F.  R.    97.  1. 
 352  See  Letter  from  Charles  T.  Rauch,  Engineering  Director,  MFJ  Enterprises  (MFJ),  to  FCC  Laboratories, 
 Customer  Service  Branch  (June  18,  1998)  requesting  waiver  of  Sections  97.  315(  b)  and  97.  317  to  allow  MFJ  to  market  an  RF  power  amplifier  for  use  in  conjunction  with  a  line  of  low  power  transceivers  that  it 


 manufactures.  See  also  Comer  Communications,  Inc.,  Application  for  Waiver  of  Sections  97.  315(  b)  and  (continued....) 
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 Rules  353  to  clarify  and  simplify  the  exceptions  in  our  Rules.  Specifically,  to  eliminate  the  disparate  restrictions  imposed  on  manufacturers  as  compared  to  the  restrictions  imposed  on 
 amateur  service  licensees,  to  allow  manufacturers  to  market  equipment  in  the  United  States  that  they  may  market  overseas,  and  to  eliminate  any  ambiguity  in  these  rules,  we  will  propose  to 
 delete  the  following  requirements:  (a)  a  manufacturer  must  design  an  amplifier  to  use  a  minimum  of  50  watts  drive  power,  and  (b)  the  amplifier  must  not  be  capable  of  operating  on  any  frequency 
 between  24  MHz  and  35  MHz.  354  Historically,  we  note  that  the  Commission  promulgated  Sections  97.315  and  97.317  of  our  Rules  at  a  time  when  the  Citizens  Band  (CB)  Radio  Service 
 was  the  primary  service  that  individuals  used  to  satisfy  their  personal  communication  needs.  355  The  Commission  adopted  these  Rules  in  1978  to  prevent  commercial  manufacturers  from 
 marketing  to  CB  Radio  Service  users  RF  power  amplifiers  that  had  been  approved  for  use  at  amateur  stations.  356  We  note,  however,  that  Section  95.411  of  our  Rules  already  satisfies  the 
 policy  objectives  sought  by  Sections  97.315  and  97.  317.  Specifically,  Section  95.  411  of  our  Rules  prohibits,  under  any  circumstances,  an  individual  from  attaching  an  external  RF  power 
 amplifier  or  any  device  capable  of  amplifying  the  signal  to  a  CB  transmitter.  357  Thus,  an  individual  who  uses  an  amplifier  at  a  CB  Radio  Service  station  would  violate  a  CB  Radio  Service 
 rule  and  not  an  amateur  service  rule.  Therefore,  to  eliminate  redundancy  and  provide  clarity  in  our  rules,  we  propose  to  amend  Sections  97.315  and  97.317  of  our  Rules.  We  request  comment 
 on  this  proposal. 
 86.  We  also  propose  to  delete  Section  97.3(  a)(  19)  of  our  Rules.  358  This  rule  section  defines  an  external  RF  power  amplifier  kit  as  a  number  of  electronic  parts  which,  when 


 assembled,  is  an  external  RF  power  amplifier,  even  if  additional  parts  are  required  to  complete  assembly.  359  Because  of  the  broad  scope  of  this  definition,  we  are  concerned  that  an  amateur 
 radio  operator  would  find  it  difficult  to  determine  if  a  group  of  electronic  parts  he  or  she  purchases  or  possesses  will  be  defined  by  the  Commission  as  an  external  RF  power  amplifier  kit. 
 In  this  regard,  we  note  that  because  many  electronic  parts  used  in  RF  power  amplifiers  are  also  used  in  other  electronic  equipment,  any  group  of  electronic  parts,  particularly  if  supplemented  by 
 additional  parts,  could  be  assembled  to  make  a  power  amplifier  or  part  of  a  RF  power  amplifier.  360  Because  of  the  uncertainty  created  by  this  rule,  we  propose  to  eliminate  Section 


 (...  continued  from  previous  page)  97.  317  (filed  Feb.  13,  1995)  requesting  permission  to  market  an  RF  power  amplifier  for  use  in  conjunction 
 with  an  amateur  station  transmitter  that  plugs  into  a  personal  computer.  353 
 See  47  C.  F.  R.    97.  315,  97.  317;  see  also,  47  C.  F.  R.    2.815,  2.1060(  c).  354 
 See  47  C.  F.  R.    97.  317(  a)(  3),  (b),  and  (c).  355 
 Since  1978,  other  personal  communications  services  including  the  Family  Radio  Service,  the  Multi-  Use  Radio  Service,  the  General  Mobile  Radio  Service,  and  cellular-  type  communications  services,  including 


 some  with  two  way  radio-  type  capabilities,  have  become  readily  available.  356 
 See  Amendment  of  Part  2  of  the  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 


 FCC  2d  939,  940    5-  10  (1978).  357 
 See  47  C.  F.  R.    95.  411(  a).  Use  of  a  power  amplifier  voids  an  individuals  authority  to  operate  the  CB  station. 


 358  See  47  C.  F.  R.    97.3(  a)(  19). 
 359  See  id. 
 360  We  note  that  electronic  parts  such  as  resistors,  fixed  and  variable  capacitors,  diodes,  integrated  circuits, 
 and  microprocessors  are  used  in  RF  power  amplifiers  and  consumer  electronic  devices.  The  parts  used  to  (continued....) 
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 97.3(  a)(  19)  of  our  Rules.  We  request  comment  on  this  proposal. 
 87.  Public  service  communications.  Currently,  our  Rules  limit  amateur  station  transmissions  in  support  of  relief  actions  to  disaster  situations  when  normal  communication 


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


 88.  Alaska  Emergency  Frequency.  Section  97.401(  d)  of  our  Rules  364  authorizes  an  amateur  station  in  Alaska,  or  within  92.6  km  of  Alaska,  to  transmit  communications  during 
 emergencies  on  5.1675  MHz  (the  Alaska  Emergency  Frequency).  365  However,  this  authorization  does  not  include  communication  for  training  drills  and  tests.  In  contrast,  we  authorize  other 
 amateur  stations  to  transmit  communications  for  training  drills  and  tests  on  channels  they  would  use  in  the  event  of  an  emergency.  366  We  believe  that  authorizing  an  amateur  station  in  or  near 
 Alaska  to  transmit  communications  for  training  drills  and  testing  purpose,  in  addition  to  communications  during  emergencies,  would  enhance  emergency  communication  capabilities, 
 thus  serving  the  public  interest.  For  this  reason,  we  propose  to  amend  Section  97.401(  d)  of  our  Rules  to  authorize  an  amateur  station  in,  or  within  92.6  km  of  Alaska  to  transmit  communications 
 during  tests  and  drills  on  5.1675  MHz.  We  request  comment  on  this  proposal. 
 89.  Radio  Amateur  Civil  Emergency  Service  (RACES).  The  RACES  was  established  in  1952.  367  It  authorizes  specific  frequency  bands  for  amateur  service  stations  to  use  for  providing 


 (...  continued  from  previous  page)  build  an  antenna  tuner  or  power  supply,  for  example,  could  be  defined  as  an  external  RF  power  amplifier 
 kit  because,  with  additional  parts,  those  parts  used  in  an  antenna  tuner  or  a  power  supply  may  also  be  used  in  an  external  RF  power  amplifier. 
 361  See  47  C.  F.  R.    97.  401(  a). 
 362  See  47  C.  F.  R.    97.  111(  a). 
 363  See  47  C.  F.  R.    97.  1(  a). 
 364  See  47  C.  F.  R.    97.  401(  d). 
 365  See  PR  Docket  No.  83-  464,  Amendment  of  Parts  2,  81,  83,  87,  90,  and  97  of  the  Commission's  Rules 
 and  Regulations  to  Implement  Changes  in  the  Alaska  Fixed  Service,  Report  and  Order,  49  Fed.  Reg.  32194  (1984).  See  also  Amendment  of  the  Rules  Governing  the  Maritime  Radio  Services,  Report  and  Order,  PR 


 Docket  No.  85-  145,  51  Fed.  Reg.  31213  (1986)  (Alaska  Fixed  Service  incorporated  into  the  Maritime  Radio  Services). 
 366  See  47  C.  F.  R.    97.  111(  a)  (an  amateur  station  may  transmit  communications  in  tests  and  drills  on 
 channels  it  is  authorized  to  use  for  emergency  communication);  see  also  47  C.  F.  R.    97.  407(  e)(  4)  (a  station  authorized  in  the  Radio  Amateur  Civil  Emergency  Service  (RACES)  may  also  transmit  these 


 communications.  367 
 See  Providing  a  Radio  Amateur  Civil  Emergency  Service,  Docket  No.  10102,  Memorandum  Opinion  and  Order,  1  Rad.  Reg.  Part  Three  (P&  F)  91:  1141  (1952).  Frequency  segments  for  this  service  were  established 


 (continued....) 
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 civil  defense  communications  in  the  event  that  amateur  service  use  of  the  radio  spectrum  is  suspended  due  to  war  or  other  national  emergency.  368  Presently,  procedures  for  the  use  and 
 coordination  of  the  radio  spectrum  during  such  emergencies  are  specified,  among  other  places,  in  Parts  201  and  214  of  our  Rules.  369  These  procedures  specify  that  during  certain  periods  of 
 wartime  emergency  370  the  Director  of  the  Office  of  Science  and  Technology  Policy  (OSTP)  will  serve  as  the  central  authority  over  the  Nation's  telecommunications  facilities,  systems,  and 
 services,  371  and  will  authorize,  modify,  or  revoke  the  continuance  of  all  frequency  authorizations  issued  by  the  Commission.  372  Additionally,  these  procedures  authorize  the  Director,  OSTP,  to 
 issue  policy  guidance,  rules,  regulations,  procedures,  and  directives  to  assure  effective  frequency  usage  during  wartime  emergency  conditions.  373 


 90.  Section  97.407(  b)  of  our  Rules  authorize  RACES  stations  and  amateur  stations  participating  in  RACES  to  transmit  on  certain  specified  frequency  segments  during  periods  of 
 wartime  emergency.  374  Section  97.  407(  b)  does  not  indicate,  however,  that  such  authorization  is  subject  to  other  rules  that  are  in  place  for  the  use  and  coordination  of  the  radio  spectrum  during 
 such  emergencies.  We  believe  that  specifying  frequency  segments  that  RACES  stations  and  amateur  stations  participating  in  RACES  may  transmit  on  is  unnecessary  in  light  of  these  rules. 
 In  this  regard,  we  note  that  the  Director,  OSTP,  has  the  authority  to  specify  which,  if  any,  frequency  segments  RACES  stations  and  other  amateur  stations  may  transmit  on.  We  also 
 believe  that  Section  97.407(  b)  should  be  consistent  with  current  emergency  use  and  coordination  procedures.  For  this  reason,  we  propose  to  amend  Section  97.407(  b)  of  our  Rules  to  delete  the 
 frequency  bands  and  segments  specified  therein  and  to  clarify  that  during  certain  emergencies  the  frequency  segments  available  to  RACES  stations  and  amateur  stations  participating  in  RACES 
 would  be  authorized  pursuant  to  Part  214  of  our  Rules.  We  request  comment  on  this  proposal. 
 91.  Qualifying  examination  system  rules.  We  propose  to  amend  certain  amateur  radio  test  administration  rules  to  conform  to  current  practices.  375  Specifically,  we  propose  to  eliminate 


 Section  97.509(  a)  of  our  Rules,  376  which  requires  a  public  announcement  of  test  locations  and  times,  because  test  locations  and  times  are  given  adequate  coverage  on  club  and  Volunteer- 


 (...  continued  from  previous  page)  in  cooperation  with  the  Civil  Defense  Administration  and  the  military.  See  Public  Notice  "Frequencies 
 Available  For  Amateur  Participation  In  Civil  Defense  Communication"  FCC  51-  35,  Mimeo  No.  58278  (released  Jan.  17,  1951)  (RACES  Public  Notice).  RACES,  an  organization  of  amateur  radio  operators  who 
 volunteer  to  provide  essential  communications  and  warning  links  to  supplement  State  and  local  government  assets  during  emergencies,  currently  is  sponsored  by  the  Federal  Emergency  Management  Agency.  See 
 http://  www.  fema.  gov/  library/  civilpg.  shtm.  368 
 See  RACES  Public  Notice  at  1.  See  also  47  C.  F.  R.    97.  407(  b).  369 
 See  47  C.  F.  R.  Parts  201,  214.  370 
 See  47  U.  S.  C.    606.  371 
 See  47  C.  F.  R.    201.3  (g).  372 
 See  47  C.  F.  R.    214.4  (a),  (b)(  1).  373 
 See  47  C.  F.  R.    214.5  (a),  (b).  374 
 See  47  C.  F.  R.    97.  407(  b).  375 
 See  47  C.  F.  R.    97  Subpart  F.  376 
 See  47  C.  F.  R.    97.  509(  a). 
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 examiner  Coordinator  (VEC)  websites,  377  in  newsletters,  378  and  in  other  media.  We  also  note  that  requiring  these  public  announcements  serves  no  useful  purpose  when  the  examination  location  is 
 not  accessible  to  the  general  public  (e.  g.,  the  location  is  a  corporate  office  or  military  facility)  or  the  test  is  being  administered  to  one  examinee  as  an  accommodation  for  a  disability  or  as  a 
 special  examination  procedure.  379  In  addition,  we  believe  this  rule  may  cause  some  VEs  to  question  whether  our  Rules  prohibit  them  from  conducting  quickly-  arranged  examination 
 sessions.  We  request  comment  on  this  proposal. 
 92.  Section  97.505(  a)(  9)  of  our  Rules  380  currently  requires  that  VEs  give  examination  credit  for  the  telegraphy  examination  element  to  an  examinee  who  holds  an  expired  Technician 


 Class  license  document  granted  before  February  14,  1991.  An  examinee  who  holds  an  expired  Technician  Class  license  document  granted  after  February  14,  1991,  and  who  also  has  received 
 credit  for  passing  the  telegraphy  examination  element,  however,  would  not  receive  examination  credit  for  the  telegraphy  examination  element  because  Section  97.505(  a)(  9)  does  not  allow  the 
 VEs  to  give  telegraphy  examination  element  credit  to  an  examinee  holding  an  expired  Technician  Class  license  document  granted  after  February  14,  1991.  We  believe  that  an  examinee  who  holds 
 an  expired  Technician  Class  license  and  who  has  passed  the  telegraphy  examination  element  should  receive  examination  credit  for  this  element  regardless  of  when  their  Technician  Class 
 license  was  first  granted.  Therefore,  we  propose  to  add  Section  97.  505(  a)(  10)  to  our  rules  so  that  an  examinee  who  holds  a  Technician  Class  license  document  granted  after  February  14,  1991, 
 and  who  has  documentation  showing  they  have  passed  a  telegraphy  examination  element,  will  receive  examination  credit  for  this  element.  We  seek  comment  on  this  proposal. 


 93.  We  also  propose  to  amend  Sections  97.509(  m)  and  97.  519(  b)  of  our  Rules  to  eliminate  from  both  rules  the  mandated  ten-  day  time  during  which  VEs  and  VECs  must  submit  or 
 forward  applications.  381  This  limitation  is  not  required  by  statute,  but  rather  the  Commission  adopted  it  in  1984  to  ensure  the  timely  filing  of  examinees  paper  applications  with  the 
 Commission.  382  Technological  changes  that  have  occurred  since  1984,  however,  have  allowed  the  VECs  to  file  applications  electronically  with  the  Commission  and  the  rules  require  that  they 
 do  so.  383  Therefore,  we  believe  that  a  rule  mandating  a  ten-  day  submission  time  is  unnecessary  in  light  of  the  current  rules  and  actual  practices  in  the  VEC  system.  Accordingly,  we  invite 
 comment  on  this  proposal.  We  also  request  comment  regarding  whether  there  are  other 


 377  See  e.  g.,  http://  www.  arrl.  org/  arrlvec/  examsearch.  phtml,  http://  www.  w5yi.  org/  vol-  exam.  htm,  and 
 http://  www.  washarc.  org/.  378 
 See  e.  g.,  Squelch  Tale  (Chicago  FM  Club  newsletter,  Evanston,  IL),  WASHRAG  (Wireless  Association  of  South  Hills  newsletter,  Pittsburgh,  PA),  The  Ham  Arundel  News  (Anne  Arundel  Radio  Club  newsletter, 


 Annapolis,  MD).  379 
 See  47  C.  F.  R.    97.  509(  k).  380 
 See  47  C.  F.  R.    97.  505(  a)(  9).  381 
 See  47  C.  F.  R.    97.  509(  m),  97.  519(  b).  382 
 See  Amendment  of  Parts  0,  1,  and  97  of  the  Commissions  Rules  to  Allow  the  Use  of  Volunteers  to  Prepare  and  Administer  Operator  Examinations  in  the  Amateur  Radio  Service,  Report  and  Order,  PR 


 Docket  No.  83-  27,  48  Fed.  Reg.  45652  (1983).  383 
 See  Amendment  of  the  Amateur  Service  Rules  to  Change  Procedures  for  Filing  an  Amateur  Service  License  Application  and  to  Make  Other  Procedural  Changes,  Order,  9  FCC  Rcd  6111  (1994).  The 


 requirement  that  VECs  file  applications  electronically  with  the  Commission  is  codified  at  47  C.  F.  R.    97.  519(  b)(  3). 
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 unnecessary  rules  applicable  to  the  amateur  service  qualifying  examination  system  that  we  should  eliminate,  and  whether  there  are  other  rules  we  should  amend  to  conform  with  actual  practices  in 
 the  examination  system. 
 94.  Order.  We  are  making  minor  amendments  to  various  rule  sections  to  clarify  or  eliminate  duplicative  language,  or  conform  them  with  other  rule  sections.  First,  we  will  revise 


 Section  0.131(  n)  of  our  Rules  384  to  remove  the  phrases  commercial  radio  operator  program  (part  13  of  this  chapter)  and  and  the  program  for  construction,  marking  and  lighting  of  antenna 
 structures  (part  17  of  this  chapter)  and.  Section  0.131  states  the  functions  of  the  Wireless  Telecommunications  Bureau.  These  phrases  also  are  contained  in  Section  0.131(  j)  of  our 
 Rules.  385  Consequently,  Section  0.131  states  that  the  Wireless  Telecommunications  Bureau  administers  the  commercial  radio  operator  program  and  the  antenna  structure  registration 
 program  in  two  separate  provisions.  This  redundancy  serves  no  useful  purpose. 
 95.  Second,  we  will  revise  the  definition  of  an  amateur  operator  in  Section  97.3(  a)(  1)  of  our  Rules  386  to  reflect  that  it  is  not  the  possession  of  a  license  document,  but  rather  an  entry  on 


 our  Universal  Licensing  System  (ULS)  that  determines  whether  a  person  is  an  amateur  radio  operator.  387  In  1994,  the  Private  Radio  Bureau  made  non-  substantive  rule  changes  to  decrease  the 
 delay  between  license  grant  and  actual  operation  by  amateur  radio  operators.  388  Accordingly,  an  applicant  may  begin  operating  as  soon  as  the  ULS  database  reflects  the  license  grant.  The 
 applicant  does  not  have  to  wait  for  the  printing,  mailing,  and  receipt  of  the  license  document  before  operating.  This  change  conforms  our  Rules  to  past  changes  and  permits  licensees  to 
 benefit  from  technological  enhancements  the  Commission  has  embraced. 
 96.  Third,  we  will  replace  the  term  Engineer-  In-  Charge  with  District  Director  in  Section  97.109(  d).  389  We  will  make  this  change  because  the  Enforcement  Bureau  (EB)  no  longer 


 uses  the  term  Engineer-  in-  Charge  (EIC)  and  because  the  EIC  function  is  now  performed  by  a  District  Director  in  EB.  390  Additionally,  we  will  delete  the  definition  of  EIC  from  Section 
 97.3(  a).  391 
 97.  Fourth,  we  also  note  that  the  rules  applicable  to  repeater  stations  are  found  in  Sections  97.203(  h)  and  97.  205  of  our  Rules.  392  We  will  consolidate  these  rules  in  Section  97.205 


 by  redesignating  Section  97.  203(  h),  393  a  notification  requirement  applicable  to  a  repeater  within  16  km  of  the  Arecibo  Observatory,  as  Section  97.205(  h).  We  believe  that  consolidating  the  rules 
 in  one  section  will  simplify  their  use  for  licensees. 
 384  See  47  C.  F.  R.    0.  131(  n). 
 385  See  47  C.  F.  R.    0.131(  j). 
 386  See  47  C.  F.  R.    97.  3(  a)(  1). 
 387  See  Amendment  of  the  Amateur  Service  Rules  to  Change  Procedures  for  Filing  an  Amateur  Service 
 License  Application  and  to  Make  Other  Procedural  Changes,  Order  9  FCC  Rcd  6111  (1994).  388 
 See  id.    4.  389 
 See  47  C.  F.  R.  97.  109(  d).  390 
 See  47  C.  F.  R.    0.  314.  391 
 See  47  C.  F.  R.    97.3(  a)(  17).  392 
 See  47  C.  F.  R.    97.  203(  h),  97.  205.  393 
 See  47  C.  F.  R.    97.  203(  h). 
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 98.  Fifth,  the  international  Radio  Regulations  have  been  amended  to  require  that,  as  of  January  1,  2003,  the  mean  power  of  any  spurious  emission  from  a  new  amateur  station  transmitter 
 or  amplifier  transmitting  on  a  frequency  below  30  MHz  to  be  at  least  43  dB  below  the  mean  power  of  the  fundamental  emission.  394  Our  current  rule  that  implements  this  Radio  Regulation, 
 Section  97.307(  d),  is  inconsistent  with  the  Radio  Regulations  because  it  permits  the  mean  power  of  any  spurious  emission  from  a  new  transmitter  or  amplifier  to  be  only  40  dB  below  the  mean 
 power  of  the  fundamental  emission.  395  Because  Section  97.307(  d)  of  our  Rules  is  inconsistent  with  the  Radio  Regulations,  we  will  amend  it  to  implement  the  current  Radio  Regulations 
 requirement. 
 99.  Sixth,  we  will  revise  Section  97.  505(  a)(  9)  to  refer  to  only  expired  Technician  Class  license  documents  granted  before  February  14,  1991.  Section  97.505(  a)(  9)  currently  refers  to 


 both  expired  and  unexpired  Technician  Class  Operator  license  documents  granted  before  February  14,  1991.  Because  the  term  of  an  amateur  service  license  grant  is  normally  ten  years, 
 there  are  no  more  unexpired  Technician  Class  Operator  license  documents  that  the  Commission  granted  before  February  14,  1991.  This  change  eliminates  an  unnecessary  requirement  of  the 
 VEs. 
 100.  Lastly,  we  will  revise  Section  97.507(  a)(  2)  of  our  Rules  396  so  that  it  conforms  with  Section  4  of  the  Communications  Act  of  1934,  as  amended.  397  Section  4(  f)(  4)(  A)  of  the  Act 


 requires  the  preparation  of  an  amateur  radio  operator  examination  by  an  amateur  radio  operator  who  holds  a  higher  class  of  operator  license  than  the  class  of  license  for  which  the  examination  is 
 being  prepared.  Thus,  we  will  amend  Section  97.507(  a)(  2)  to  remove  authority  for  a  Technician  Class  amateur  radio  operator  to  prepare  a  Technician  Class  operator  license  examination.  We 
 conclude  that  these  non-  substantive  changes  to  the  amateur  service  rules  are  not  subject  to  notice  and  comment  under  the  Administrative  Procedure  Act.  398  Specifically,  we  find  that  notice  and 
 comment  on  these  rule  changes  is  unnecessary  because  amendment  of  Section  0.131(  n)  reflects  rules  of  agency  practice  and  organization,  and  amendment  of  Sections  97.3(  a)(  1),  97.3(  a)(  17), 
 97.109(  d),  and  97.203(  h)  reflect  agency  organization  or  procedure.  We  also  find  good  cause  to  adopt  amendments  to  Sections  97.  307(  d)  and  97.507(  a)(  2)  without  notice  and  comment.  We 
 request  comment,  however,  as  to  whether  other  rule  sections  in  Part  97  may  be  clarified,  revised  to  eliminate  duplicative  language,  or  conformed  with  other  sections  of  our  Rules. 


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


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


 395  See  47  C.  F.  R.    97.  307(  d). 
 396  See  47  C.  F.  R.    97.  507(  a)(  2). 
 397  See  47  U.  S.  C.    154  (f). 
 398  See  5  U.  S.  C.    553  (b)(  3). 
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 IV.  PROCEDURAL  MATTERS 
 102.  Initial  Regulatory  Flexibility  Certification.  The  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  399  requires  an  initial  regulatory  flexibility  analysis  to  be  prepared  for 


 notice  and  comment  rulemaking  proceedings,  unless  the  agency  certifies  that  the  rule  will  not,  if  promulgated,  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  400 
 The  RFA  generally  defines  the  term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  401  In  addition,  the 
 term  small  business  has  the  same  meaning  as  the  term  small  business  concern  under  the  Small  Business  Act.  402  A  small  business  concern  is  one  which:  (1)  is  independently  owned  and 
 operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  403 


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


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


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


 400  See  5  U.  S.  C.    605(  b). 
 401  See  5  U.  S.  C.    601(  6). 
 402  See  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  the 
 Small  Business  Act,  15  U.  S.  C.    632).  Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business 


 Administration  and  after  opportunity  for  public  comment,  establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal 
 Register.  403 
 See  15  U.  S.  C.    632.  404 
 See  47  C.  F.  R.    97.  1  405 
 See  5  U.  S.  C.    605(  b). 
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 Federal  Register.  406 
 105.  Paperwork  Reduction  Analysis.  This  Notice  does  not  contain  either  a  proposed  or  modified  information  collection  requirement. 


 106.  Ex  Parte  Rules  Presentations.  This  is  a  permit-  but-  disclose  notice  and  comment  rulemaking  proceeding.  Ex  parte  presentations  are  permitted,  except  during  the  Sunshine  Agenda 
 period,  provided  they  are  disclosed  as  provided  in  the  Commissions  Rules.  See  generally  47  C.  F.  R.    1.  1202,  1.1203,  1.1206(  a). 


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


 108.  Comment  Dates.  Pursuant  to  Sections  1.415  and  1.  419  of  the  Commissions  Rules,  47  C.  F.  R.    1.415,  1.419,  interested  parties  may  file  comments  on  or  before  June  15, 
 2004,  and  reply  comments  on  or  before  June  30,  2004.  Comments  may  be  filed  using  the  Commissions  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper  copies.  407 


 109.  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  <http://  www.  fcc.  gov/  e-  file/  ecfs.  html>.  Generally,  one  copy  of  an  electronic 
 submission  must  be  filed.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  Postal  Service  mailing  address,  and  the  applicable  docket  or  rulemaking  number. 
 Parties  may  also  submit  an  electronic  comment  by  Internet  e-  mail.  To  get  filing  instructions  for  e-  mail  comments,  commenters  should  send  an  e-  mail  to  <ecfs@  fcc.  gov>,  and  should  include  the 
 following  words  in  the  body  of  the  message,  get  form  <your  e-  mail  address>.  A  sample  form  and  directions  will  be  sent  in  reply. 


 110.  Parties  who  chose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  The  docket  number  appearing  in  the  caption  of  this  proceeding  must  appear  in  each 
 comment  or  filing.  All  filings  must  be  sent  to  the  Commissions  Secretary,  Marlene  H.  Dortch,  Office  of  the  Secretary,  Federal  Communications  Commission,  445  12  th  Street,  SW,  Room  TW-A325, 
 Washington,  D.  C.  20554. 
 111.  For  further  information,  contact  William  T.  Cross,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau,  (202)  418-  0680,  or  TTY  (202) 


 418-  7233. 
 V.  ORDERING  CLAUSES 
 112.  IT  IS  ORDERED  that,  pursuant  to  Sections  4(  i),  4(  j),  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  154(  j),  and  303(  r),  NOTICE  IS 


 HEREBY  GIVEN  of  the  proposed  amendment  to  Parts  0,  2  and  97  of  the  Commissions  Rules,  47  C.  F.  R.  Parts  0,  2  and  97,  as  described  above,  and  that  COMMENT  IS  SOUGHT  on  these 
 proposals. 


 406  See  id. 
 407  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  Memorandum  Opinion  and  Order,  13 
 FCC  Rcd  11322  (1998). 
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 113.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10313,  submitted  by  Kenwood  Communications  Corporation,  Inc.,  on  May  1,  2001,  IS  GRANTED  to 
 the  extent  indicated  herein. 
 114.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10352,  submitted  by  Mr.  Jeffery  T.  Briggs  and  Mr.  William  R.  Tippett  II  on  September  10,  2001,  IS 


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


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


 117.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10355,  submitted  by  NASA  John  H.  Glenn  Research  Center  Amateur  Radio  Club  on  December  27,  2001, 
 IS  GRANTED  to  the  extent  indicated  herein. 
 118.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10412,  submitted  by  Mr.  Nickolaus  E.  Leggett  on  February  11,  2002,  IS  DENIED. 


 119.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10413,  submitted  by  ARRL,  Inc.,  on  March  22,  2002,  IS  GRANTED  to  the  extent  indicated  herein. 
 120.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10492,  submitted  by  Mr.  Robert  H.  Birdsey  on  March  19,  2002,  IS  DENIED. 
 121.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10521,  submitted  by  Dr.  Michael  C.  Trahos  on  January  2,  2002,  IS  DENIED. 
 122.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10582,  submitted  by  Messrs.  Marvin  W.  Edwards,  Frank  A.  Lynch,  and  C.  Norman  Young,  Jr.,  on 
 September  10,  2002,  IS  GRANTED  to  the  extent  indicated  herein. 
 123.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rule  Change,  RM-  10620,  submitted  by  Mr.  Dale  E.  Reich  on  November  14,  2002,  IS  DENIED. 


 124.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking,  RM-  10621,  submitted  by  The  Radio  Amateur  Satellite  Corp.  on  December  2,  2002,  IS  GRANTED  to  the 
 extend  indicated  herein. 
 125.  IT  IS  FURTHER  ORDERED  that  the  Request  for  Rule  Amendment  submitted  by  Mr.  Peter  Chadwick  on  April  9,  2001,  IS  GRANTED  to  the  extent  indicated  herein. 


 126.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking  submitted  by  Mr.  John  J.  Elengo  on  April  11,  2002,  IS  DENIED. 
 127.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rule  Change  submitted  by  Mr.  Dale  E.  Reich  on  December  4,  2002,  IS  DENIED. 
 128.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rule  Change  submitted  by  Mr.  Dale  E.  Reich  on  December  10,  2002,  IS  DENIED. 
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 129.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking  submitted  by  Mr.  Johnathan  S.  Gunn  on  January  22,  2003,  IS  DENIED. 
 130.  IT  IS  FURTHER  ORDERED  that  the  request  for  a  Notice  of  Inquiry  submitted  by  Mr.  Bob  Sherin  on  January  30,  2003,  IS  DENIED. 
 131.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking  submitted  by  Mr.  Phillip  E.  Galasso  on  February  12,  2003,  IS  DENIED. 
 132.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Rulemaking  submitted  by  Mr.  Mark  Miller  on  February  25,  2003,  IS  GRANTED  to  the  extend  indicated  herein. 
 133.  IT  IS  FURTHER  ORDERED  that,  pursuant  to  Sections  4(  i),  303(  f),  303(  r),  and  332  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.      154  (i),  303(  f),  303(  r)  and 
 332,  this  Order  IS  ADOPTED. 
 134.  IT  IS  FURTHER  ORDERED  that  Part  97  of  the  Commission's  Rules  IS  AMENDED  as  specified  in  Appendix  C,  effective  June  1,  2004. 


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


 Marlene  H.  Dortch  Secretary 
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 APPENDIX  A  PROPOSED  RULE  CHANGES 
 Chapter  1  of  Title  47  of  the  Code  of  Federal  Regulations  is  proposed  to  be  amended  as  follows: 
 PART  1    Application  Requirements  and  Procedures 
 The  authority  citation  for  part  1  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  151,  154(  i),  154(  j),  155,  225,  303(  r),  309,  and  325(  e). 
 1.  Section  1.  934  is  amended  by  redesignating  paragraph  (d)(  3)  as  (d)(  4),  and  adding  a  new  paragraph  (d)(  3)  to  read  as  follows: 


   1.934  Defective  applications  and  dismissal. 
 *  *  *  *  * 
 (d)  *  *  * 
 (3)  It  includes  a  list  of  amateur  station  vanity  call  signs  in  order  of  preference  and  requests,  as  the  first  preferred  call  sign,  the  same  call  sign  requested  on  another  application  filed  on  the  same  day 
 by  the  same  applicant. 
 *  *  *  *  * 
 Part  2    Frequency  Allocations  And  Radio  Treaty  Matters;  General  Rules  And  Regulations 
 The  authority  citation  for  part  2  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C  154,  302a,  303,  and  336,  unless  otherwise  noted. 
 1.  Section  2.  106  is  amended  by  revising  United  States  footnote  US267  to  read  as  follows: 
   2.106  Table  of  Frequency  Allocation. 
 *  *  *  *  * 
 US267  In  the  band  902-  928  MHz,  amateur  radio  stations  shall  transmit  on  the  frequency  segments  902.0-  902.  4,  902.  6-  904.  3,  904.  7-  925.  3,  925.  7-  927.  3,  and  927.7-  928.  0  MHz  within  the 
 States  of  Colorado  and  Wyoming,  bounded  by  the  area  of  latitude  39  deg.  N.  to  42  deg.  N.  and  longitude  103  deg.  W.  to  108  deg.  W. 


 *  *  *  *  * 
 2.  Section  2.  815  is  amended  by  removing  paragraphs  (d)  and  (e),  and  revising  paragraphs  (b)  and  (c)  to  read  as  follows: 


   2.815  External  radio  frequency  power  amplifiers. 
 *  *  *  *  * 
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 (b)  After  April  27,  1978,  no  person  shall  manufacture,  sell  or  lease,  offer  for  sale  or  lease  (including  advertising  for  sale  or  lease),  or  import,  ship,  or  distribute  for  the  purpose  of  selling  or 
 leasing  or  offering  for  sale  or  lease,  any  external  radio  frequency  power  amplifier  unless  the  amplifier  has  been  approved  in  accordance  with  subpart  J  of  this  part  and  other  relevant  parts  of 
 this  chapter.  This  proscription  shall  not  apply  to  the  marketing  to  an  amateur  radio  operator  of  an  external  radio  frequency  power  amplifier  provided  the  amplifier  is  for  use  at  an  amateur  radio 
 station  and  the  requirements  of  Sections  97.315  and  97.317  of  this  chapter  are  met. 
 (c)  No  person  shall  manufacture,  sell  or  lease,  offer  for  sale  or  lease  (including  advertising  for  sale  or  lease)  or  import,  ship  or  distribute  for  the  purpose  of  selling  or  leasing  or  offering  for  sale 
 or  lease,  any  external  radio  frequency  power  amplifier  unless  the  amplifier  has  received  a  grant  of  certification  in  accordance  with  subpart  J  of  this  part  and  other  relevant  parts  of  this  chapter.  No 
 more  than  10  external  radio  frequency  power  amplifiers  may  be  constructed  for  evaluation  purposes  in  preparation  for  the  submission  of  an  application  for  a  grant  of  certification.  This 
 proscription  shall  not  apply  to  the  marketing  to  a  licensed  amateur  radio  operator  of  an  external  radio  frequency  power  amplifier  provided  the  amplifier  is  for  use  at  an  amateur  radio  station  and 
 the  requirements  of  Sections  97.315  and  97.317  of  this  chapter  are  met. 
 3.  Section  2.  1060  is  amended  by  removing  paragraph  (c),  redesignating  paragraph  (d)  as  paragraph  (c)  and  revising  paragraph  (c)  to  read  as  follows: 


   2.1060  Equipment  for  use  in  the  amateur  radio  service. 
 *  *  *  *  * 
 (c)  Certification  of  external  radio  frequency  power  amplifiers  may  be  denied  when  denial  would  prevent  the  use  of  these  amplifiers  in  services  other  than  the  Amateur  Radio  Service. 


 Part  97  -  Amateur  Radio  Service 
 The  authority  citation  for  part  97  continues  to  read  as  follows: 
 AUTHORITY:  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303.  Interpret  or  apply  48  Stat.  1064-  1068,  1081-  1105,  as  amended;  47  U.  S.  C.  151-  155,  301-  609,  unless  otherwise 
 noted. 
 1.  Section  97.3  is  amended  by  removing  and  reserving  paragraph  (a)(  19)  and  revising  paragraph  (c)(  2)  to  read  as  follows: 


   97.3  Definitions. 
 *  *  *  *  * 
 (c)  *** 
 (2)  Data.  Telemetry,  telecommand  and  computer  communications  emissions  having  designators  with  A,  C,  D,  F,  G,  H,  J  or  R  as  the  first  symbol;  1  as  the  second  symbol;  D  as  the 
 third  symbol;  emissions  A1C  and  F2C  having  an  occupied  bandwidth  of  500  Hz  or  less,  and  J2D.  Only  a  digital  code  of  a  type  specifically  authorized  in  this  part  may  be  transmitted. 
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 *  *  *  *  * 
 2.  Section  97.  19  is  amended  by  revising  paragraphs  (c)(  3)  and  (d)(  1)  to  read  as  follows: 
   97.19  Application  for  a  vanity  call  sign. 
 *  *  *  *  * 
 (c)  *  *  * 
 (3)  Except  for  an  applicant  who  is  the  spouse,  child,  grandchild,  stepchild,  parent,  grandparent,  step-  parent,  brother,  sister,  stepbrother,  stepsister,  aunt,  uncle,  niece,  nephew,  or  in-  law,  and 
 except  for  an  applicant  who  is  a  club  station  license  trustee  acting  with  a  statement  of  consent  signed  by  the  person  ante  mortem  or  the  written  consent  of  at  least  one  relative,  as  listed  above,  of 
 a  person  now  deceased,  the  call  sign  shown  on  the  license  of  a  person  now  deceased  is  not  available  to  the  vanity  call  sign  system  for  2  years  following  the  person's  death,  or  for  2  years 
 following  the  expiration  of  the  license  grant,  whichever  is  sooner. 
 (d)  *** 
 (  1)  The  applicant  must  request  that  the  call  sign  shown  on  the  license  grant  be  vacated  and  provide  a  list  of  up  to  25  call  signs  in  order  of  preference.  In  the  event  that  an  applicant  requests 
 the  same  call  sign  as  their  first  preferred  call  sign  in  more  that  one  application  on  the  same  receipt  day,  only  the  first  processable  application  received  by  the  Commission  will  be  considered. 


 *  *  *  *  * 
 3.  Section  97.  111  is  amended  by  redesignating  paragraphs  (a)(  2)  through  (a)(  4)  as  (a)(  3)  through  (a)(  5),  respectively,  and  adding  a  new  paragraph  (a)(  2)  to  read  as  follows: 


   97.111  Authorized  transmissions. 
 (a)  *  *  * 
 (2)  Transmissions  necessary  to  meet  essential  communication  needs  and  to  facilitate  relief  actions. 


 *  *  *  *  * 
 4.  Section  97.  113  is  amended  by  revising  paragraph  (e)  to  read  as  follows: 
   97.113  Prohibited  transmissions. 
 *  *  *  *  * 
 (e)  No  station  shall  retransmit  programs  or  signals  emanating  from  any  type  of  radio  station  other  than  an  amateur  station,  except  propagation  and  weather  forecast  information  intended  for  use  by 
 the  general  public  and  originated  from  United  States  Government  stations,  and  communications,  including  incidental  music,  originating  on  United  States  Government  frequencies  between  a 
 manned  spacecraft  and  its  associated  Earth  stations.  Prior  approval  for  manned  spacecraft  communications  retransmissions  must  be  obtained  from  the  National  Aeronautics  and  Space 
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 Administration.  Such  retransmissions  must  be  for  the  exclusive  use  of  amateur  radio  operators.  Propagation,  weather  forecasts,  and  manned  spacecraft  communications  retransmissions  may  not 
 be  conducted  on  a  regular  basis,  but  only  occasionally,  as  an  incident  of  normal  amateur  radio  communications. 


 *  *  *  *  * 
 5.  Section  97.  115  is  amended  by  revising  paragraph  (b)(  2),  redesignating  paragraph  (c)  as  paragraph  (d),  and  adding  a  new  paragraph  (c),  to  read  as  follows: 


   97.115  Third  party  communications. 
 *  *  *  *  * 
 (b)  *  *  * 
 (2)  The  third  party  is  not  a  prior  amateur  service  licensee  whose  license  was  revoked  or  not  renewed  after  hearing  and  re-  licensing  has  not  taken  place;  suspended  for  less  than  the  balance  of 
 the  license  term  and  the  suspension  is  still  in  effect;  suspended  for  the  balance  of  the  license  term  and  re-  licensing  has  not  taken  place;  or  surrendered  for  cancellation  following  notice  of 
 revocation,  suspension  or  monetary  forfeiture  proceedings.  The  third  party  may  not  be  the  subject  of  a  cease  and  desist  order  which  relates  to  amateur  service  operation  and  which  is  still  in 
 effect. 
 (c)  No  station  may  transmit  third  party  communications  while  being  automatically  controlled  except  a  station  transmitting  a  RTTY  or  data  emission. 


 *  *  *  *  * 
 6.  Section  97.  201  is  amended  by  revising  paragraph  (b)  to  read  as  follows: 
   97.201  Auxiliary  station. 
 *  *  *  *  * 
 (b)  An  auxiliary  station  may  transmit  only  on  the  2  m  and  shorter  wavelength  bands,  except  the  144.0-  144.  5  MHz,  145.8-  146.0  MHz,  219-  220  MHz,  222.00-  222.15  MHz,  431-  433  MHz,  and 
 435-  438  MHz  segments. 
 *  *  *  *  * 
 7.  Section  97.  207  is  amended  by  revising  paragraph  (g)  and  removing  paragraphs  (h)  and  (i)  to  read  as  follows: 


   97.207  Space  station. 
 *  *  *  *  * 
 (g)  The  license  grantee  of  each  space  station  must  file  the  following  notification  with  the  International  Bureau,  FCC,  Washington,  DC  20554. 
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 (1)  A  pre-  space  notification  within  30  days  after  launch  vehicle  determination,  but  no  later  than  90  days  before  integration  of  the  space  station  into  the  launch  vehicle.  This  notification  shall 
 include  an  electronic  file  containing  the  information  required  by  Appendix  4  of  the  ITU  Radio  Regulations  in  the  format  consistent  with  ITU  requirements.  With  that  notification,  the  license 
 grantee  of  the  space  station  shall  include  a  description  of  the  design  and  operational  strategies  the  space  station  will  use  to  mitigate  orbital  debris,  including  a  casualty  risk  assessment  if  planned 
 post-  mission  disposal  involves  atmospheric  re-  entry  of  the  spacecraft.  The  description  must  include  an  analysis  demonstrating  that  debris  generation  will  not  result  from  the  conversion  of 
 chemical,  pressure,  or  kinetic  energy  sources  on  board  the  spacecraft  into  energy  that  fragments  the  spacecraft.  This  demonstration  should  address  whether  stored  energy  will  be  removed  at  the 
 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.  If  any  material  item  described  in  the  notification  changes  before  launch,  a  replacement  pre-  space  notification  shall  be 
 filed  with  the  International  Bureau.  The  replacement  notification  shall  be  filed  no  later  than  90  days  before  integration  of  the  space  station  into  the  launch  vehicle. 


 (2)  An  in-  space  station  notification  no  later  than  7  days  following  initiation  of  space  station  transmissions.  This  notification  must  update  the  information  contained  in  the  pre-  space 
 notification. 
 (3)  A  post-  space  station  notification  no  later  than  3  months  after  termination  of  the  space  station  transmissions.  When  termination  of  transmissions  is  ordered  by  the  FCC,  the  notification 
 is  required  no  later  than  24  hours  after  termination  of  transmissions. 
 8.  Section  97.  301  is  amended  by  revising  paragraphs  (b),  (c),  (d),  and  (e)  to  read  as  follows: 
   97.301  Authorized  frequency  bands. 
 *  *  *  *  * 
 (b)  *  *  *  Wavelength  ITU  ITU  ITU  Sharing  requirements 
 band  Region  1  Region  2  Region  3  See    97.303,  Paragraph: 
 *  *  *  *  *  *  *  HF  MHz  MHz  MHz 
 80  m  3.50-  3.  725  3.50-  3.  725  3.50-  3.  725  (a)  75  m  3.725-  3.800  3.725-  4.000  3.725-  3.900  (a) 


 *  *  *  *  *  *  * 
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 (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-  3.725  3.525-  3.725  3.525-  3.725  (a) 
 75  m  3.750-  3.800  3.750-  4.000  3.750-  3.900  (a) 
 *  *  *  *  *  *  *  15  m  21.025-  21.  200  21.  025-  21.  200  21.  025-  21.200 
 -Do-  21.225-  21.  450  21.  225-  21.  450  21.  225-  21.450 
 *  *  *  *  *  *  * 
 (d)  *  *  * 
 Wavelength  ITU  ITU  ITU  Sharing  requirements  band  Region  1  Region  2  Region  3  See    97.303, 
 Paragraph:  *  *  *  *  *  *  * 
 HF  MHz  MHz  MHz  80  m  3.525-  3.725  3.525-  3.725  3.525-  3.725  (a) 
 75  m  ---  3.800-  4.000  3.800-  3.900  (a)  40  m  7.025-  7.125  7.025-  7.125  7.025-  7.125  (a) 
 -Do-  ---  7.175-  7.300  ---  (a) 
 *  *  *  *  *  *  *  15  m  21.025-  21.  200  21.  025-  21.  200  21.  025-  21.200 
 -Do-  21.275-  21.  45  21.275-  21.  45  21.275-  21.  45 
 *  *  *  *  *  *  * 
 (e)  *  *  * 
 Wavelength  ITU  ITU  ITU  Sharing  requirements  band  Region  1  Region  2  Region  3  See    97.303, 
 Paragraph:  HF  MHz  MHz  MHz 


 80  m  3.525-  3.725  3.525-  3.725  3.525-  3.725  (a)  40  m  7.025-  7.075  7.025-  7.125  7.025-  7.075  (a) 
 15  m  21.  025-  21.200  21.025-  21.  200  21.025-  21.  200  10m  28.0-  28.5  28.0-  28.5  28.0-  28.5 


 *  *  *  *  *  * 
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 9.  Section  97.  303  is  amended  by  revising  paragraph  (g)(  1)  to  read  as  follows: 
   97.303  Frequency  sharing  requirements. 
 *  *  *  *  * 
 (g)  *  *  * 
 (1)  In  the  States  of  Colorado  and  Wyoming,  bounded  by  the  area  of  latitude  39  deg.  N.  to  42  deg.  N.  and  longitude  103  deg.  W.  to  108  deg.  W.,  an  amateur  station  may  transmit  on  the  frequency 
 segments  902.0-  902.  4,  902.  6-  904.  3,  904.  7-  925.  3,  925.  7-  927.  3,  and  927.7-  928.  0  MHz.  This  band  is  allocated  on  a  secondary  basis  to  the  amateur  service  subject  to  not  causing  harmful 
 interference  to,  and  not  receiving  any  interference  protection  from,  the  operation  of  industrial,  scientific  and  medical  devices,  automatic  vehicle  monitoring  systems,  or  Government  stations 
 authorized  in  this  band. 
 *  *  *  *  * 
 10.  Section  97.  305  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   97.305  Authorized  emission  types. 
 *  *  *  *  * 
 (c)  *  *  * 
 Wavelength  Frequencies  Emission  types  Standards  band  authorized  See    97.307(  f), 
 Paragraph:  *  *  *  *  *  *  * 
 HF  *  *  *  *  *  *  * 
 40  m  7.000-  7.075  MHz  RTTY,  data  ................  (3),  (9)  -Do-  7.075-  7.100  MHz  Phone,  image  ..............  (1),  (2),  (9),  (11) 
 -Do-  7.100-  7.125  MHz  RTTY,  data  ..................(  1),  (9)  -Do-  7.125-  7.300  MHz  Phone,  image  ..............  (1),  (2) 
 *  *  *  *  *  *  *  VHF 


 *  *  *  *  *  *  *  1.25  m  219-  220  MHz  Data  .......................  (13) 
 -Do-  222-  225  MHz  RTTY,  data,  test  MCW,  phone,  SS,  image......  (2),  (6),  (8) 
 *  *  *  *  *  *  * 
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 11.  Section  97.  313  is  amended  by  revising  paragraph  (c)  to  read  as  follows: 
   97.313  Transmitter  power  standards. 
 *  *  *  *  * 
 (c)  No  station  may  transmit  with  a  transmitter  power  exceeding  200  W  PEP: 
 (1)  On  the  10.  10-  10.  15  MHz  segment; 
 (2)  When  the  control  operator  is  a  Novice  Class  operator  or  a  Technician  Class  operator  who  has  received  credit  for  proficiency  in  telegraphy  in  accordance  with  the  international  requirements;  or 


 *  *  *  *  * 
 12.  Section  97.  315  is  amended  by  revising  paragraphs  (a),  (b)  introductory  text,  (b)(  1)  through  (b)(  3),  and  (c)  to  read  as  follows: 


   97.315  Certification  of  external  RF  power  amplifiers. 
 (a)  Any  external  RF  power  amplifier  (see  Section  2.815  of  the  FCC  Rules)  manufactured  or  imported  for  use  at  an  amateur  radio  station  must  be  certificated  for  use  in  the  amateur  service  in 
 accordance  with  Subpart  J  of  Part  2  of  the  FCC  Rules.  No  amplifier  capable  of  operation  below  144  MHz  may  be  constructed  or  modified  by  a  non-  amateur  service  licensee  without  a  grant  of 
 certification  from  the  FCC. 
 (b)  The  requirement  of  paragraph  (a)  does  not  apply  if  one  or  more  of  the  following  conditions  are  met: 


 (1)  The  amplifier  is  constructed  or  modified  by  an  amateur  radio  operator  for  use  at  an  amateur  station. 
 (2)  The  amplifier  was  manufactured  before  April  28,  1978,  and  has  been  issued  a  marketing  waiver  by  the  FCC,  or  the  amplifier  was  purchased  before  April  28,  1978,  by  an  amateur  radio 
 operator  for  use  at  that  operator's  station. 
 (3)  The  amplifier  is  sold  to  an  amateur  radio  operator  or  to  a  dealer,  the  amplifier  is  purchased  in  used  condition  by  a  dealer,  or  the  amplifier  is  sold  to  an  amateur  radio  operator  for  use  at  that 
 operator's  station. 
 (c)  Any  external  RF  power  amplifier  appearing  in  the  Commission's  database  as  certificated  for  use  in  the  amateur  service  may  be  marketed  for  use  in  the  amateur  service. 
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 13.  Section  97.  317  is  amended  by  revising  paragraph  (a)  introductory  text,  paragraphs  (a)(  1),  (a)(  2),  and  paragraph  (b)  to  read  as  follows: 
   97.317  Standards  for  certification  of  external  RF  power  amplifiers. 
 (a)  To  receive  a  grant  of  certification,  the  amplifier  must: 
 (1)  Satisfy  the  spurious  emission  standards  of  Sec.  97.307(  d)  or  (e)  of  this  part,  as  applicable,  when  the  amplifier  is  operated  at  the  lesser  of  1.5  kW  PEP  or  its  full  output  power  and  when  the 
 amplifier  is  placed  in  the  standby  or  off  positions  while  connected  to  the  transmitter. 
 (2)  Not  be  capable  of  amplifying  the  input  RF  power  (driving  signal)  by  more  than  15  dB  gain.  Gain  is  defined  as  the  ratio  of  the  input  RF  power  to  the  output  RF  power  of  the  amplifier  where 
 both  power  measurements  are  expressed  in  peak  envelope  power  or  mean  power. 
 (b)  Certification  may  be  denied  when  the  Commission  determines  the  amplifier  can  be  used  in  services  other  than  the  Amateur  Radio  Service. 


 14.  Section  97.401  is  amended  by  removing  and  reserving  paragraph  (a),  removing  paragraph  (b),  redesignating  paragraph  (c)  as  paragraph  (a),  and  revising  paragraph  (a)  to  read  as  follows: 
   97.401  Operation  during  a  disaster. 
 (a)  A  station  in,  or  within  92.6  km  of,  Alaska  may  transmit  emissions  J3E  and  R3E  on  the  channel  at  5.1675  MHz  for  emergency  communications.  The  channel  must  be  shared  with 
 stations  licensed  in  the  Alaska  private  fixed  service.  The  transmitter  power  must  not  exceed  150  W.  A  station  in,  or  within  92.6  km  of,  Alaska  may  transmit  communications  for  tests  and  training 
 drills  necessary  to  ensure  the  establishment,  operation,  and  maintenance  of  emergency  communication  systems. 


 *  *  *  *  * 
 15.  Section  97.  407  is  amended  by  revising  paragraph  (b)  to  read  as  follows: 
   97.407  Radio  amateur  civil  emergency  service. 
 (a)  *** 
 (b)  The  frequency  bands,  segments,  and  emissions  authorized  to  the  control  operator  are  available  to  stations  transmitting  communications  in  RACES  on  a  shared  basis  with  the  amateur  service.  In 


 the  event  of  an  emergency  which  necessitates  the  invoking  of  the  President's  War  Emergency  Powers  under  the  provisions  of  Section  706  of  the  Communications  Act  of  1934,  as  amended,  47 
 U.  S.  C.  606,  RACES  stations  and  amateur  stations  participating  in  RACES  may  only  transmit  on  the  frequency  segments  authorized  pursuant  to  part  214  of  this  chapter. 


 *  *  *  *  * 
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 16.  Section  97.  505  is  amended  by  adding  paragraph  (a)(  10)  to  read  as  follows: 
   97.505  Element  credit. 
 (a)  *  *  * 
 (10)  An  expired  FCC-  issued  Technician  Class  license  document  and  a  CSCE  indicating  the  examinee  has  passed  a  telegraphy  examination: 


 Element  1. 
 *  *  *  *  * 
 17.  Section  97.  509  is  amended  by  revising  paragraphs  (a)  and  (m)  to  read  as  follows: 
   97.509  Administering  VE  requirements. 
 (a)  Each  examination  for  an  amateur  operator  license  must  be  administered  by  a  team  of  at  least  3  VEs  at  an  examination  session  coordinated  by  a  VEC.  The  number  of  examinees  at  the  session 
 may  be  limited. 
 *  *  *  *  * 
 (m)  After  the  administration  of  a  successful  examination  for  an  amateur  service  operator  license,  the  administering  VEs  or  the  VE  session  manager  must  submit  the  application  document  to  the 
 coordinating  VEC  according  to  the  coordinating  VECs  instructions. 
 18.  Section  97.  519  is  amended  by  revising  paragraph  (b)  to  read  as  follows: 
   97.519  Coordinating  examination  sessions. 
 *  *  *  *  * 
 (b)  At  the  completion  of  each  examination  session,  the  coordinating  VEC  must  collect  applicant  information  and  test  results  from  the  administering  VEs.  The  coordinating  VEC  must: 


 *  *  *  *  * 
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 APPENDIX  B  Commenters 
 RM-  10313 
 RICHARD  C.  BAUM,  KE2K  KENNETH  RICHARDS 
 RODGER  ALEXANDER  SCOTT  HONAKER 
 ANTHONY  BUROKAS  BRIAN  BADGER 
 MARTIN  S.  WILCOXSON  RONALD  A.  PFEIFFER 
 DAVID  P  SCHORNAK  ROBERT  KOERNER 
 STEVEN  JAMES  ROBESON  GREG  PERALTA 
 DONALD  YOUNG  BOB  BAILEY  KAMR 
 KENWOOD  COMMUNICATIONS  CORP.  ROBERT  F.  ACINAPURA 
 GARY  P.  STANDORF  TIMOTHY  P.  DUGAN,  JR. 
 W.  LEE  MCVEY,  P.  E.  -  W6EM  LEONARD  J.  UMINA 
 ROBERT  FULLER 


 RON  KARGER  AB8DT  ROBERT  E.  BRUNINGA 
 RICHARD  A.  MERHAR  RICHARD  ILLMAN 
 PHILIP  KARRAS  ROY  LEWIS  KE4SLL 
 HANS  J.  MILLER  JOHN  MCAULEY 
 KEN  ROGERS  GARY  A.  COOPER,  N7ZHG 
 JAMES  RICK  SOHL  MATTHEW  SADLER 
 STEVEN  J  ROBESON  THOMAS  E.  WALSH  /  KB7EFZ 
 ROBERT  MITILIERI  -  N9EF  NICKOLAUS  E.  LEGGETT 
 DOPRAN  S.  PLATT  RICHARD  M.  WINTER  K7JKY 
 WILLIAM  J.  GALLAGHER  KENWOOD  COMMUNICATIONS-  REPLY 


 RM-  10352 
 PAUL  S.  COURSON  ART  PIGHTLING 
 WILLIAM  R.  TIPPETT  BRIGGS  AND  TIPPETT 
 SCOTT  JONES  HENRY  PERRAS 
 CHARLES  T.  RAUCH  G.  J.  CHOUINARD 
 MIKE  COWART  JOSEPH  T.  SUBICH 
 M.  ROBIN  CRITCHELL  KEN  CARUSO 
 SCOTT  D.  HUDLER  DAVID  HUMBERTSON 
 WARREN  H.  ZIEGLER  JEFFREY  A.  MAASS 
 JIM  MILLER  OWEN  MITCHELL 
 RALPH  L.  DUVALL  KURT  B.  PAUER 
 JEREMY  L.  MULLER  PAUL  S.  COURSON 
 DANIEL  LOVE  WILLIAM  F.  SANTELMANN,  JR.  N1AU 
 HOWARD  L.  LESTER  EDWARD  L.  STUCKEY 


 DONALD  W.  STRIBLING  KH6DX  DONALD  L  KEROUAC 
 JAMES  E.  COOK  EUGENE  SKOPAL 
 JOSEPH  E  LONG  BARRY  A.  BOOTHE,  W9UCW 
 MELVIN  LEHMANN  DARRYL  G.  LINDBERG 
 JAMES  H.  YOUNG  PAUL  S.  COURSON 
 DAVID  M.  CALHOUN  SR.  DAVID  J.  TARRANT 
 CHARLES  HANSEN  WILLIAM  T.  HOMEWOOD 
 THOMAS  J.  MACKIE  JOHN  R.  WELTY 
 ROGER  D  JOHNSON  MICHAEL  TESSMER 
 JAMES  PFISTER  RICHARD  L.  WILDER  K3DI 
 CHARLES  E  HANSEN  RONALD  MCCLAIN 
 KRIS  MRAZ  JOSHUA  L  HOUK 
 KENNETH  N.  BOLIN  JAMES  P.  MICCOLIS,  N2EY 
58
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 WILLIAM  C.  WHITE  ANDREW  J.  KETNER 
 JAMES  D.  SPAULDING  ERIC  SCACE  K3NA 
 ROBERT  A.  WALLS  ROBERT  TILLER 
 GEORGE  W.  HIPPISLEY  S  SCHIEVING  JR.  W0HG 
 DWIGHT  G.  BOSSELMAN  FREDERICK  HANDSCOMBE 
 ROBERT  S  MORRIS  JOSEPH  T.  SUBICH 
 JEFF  BENSON  -  N8CC  KENNETH  RAMIREZ 
 LEO  DRESCHER  WALLACE  C.  ECKLES 
 JAMES  A  JAKUBIN  LEE  A.  WARD 
 MIKE  SAWYER  JAMES  V.  MINOR  IV 
 ALAN  J.  CUNNINGHAM  ERIC  VAN  HORN 
 MARVIN  D.  TAYLOR  GARY  G.  HEMBREE 
 RAYMOND  A.  COFFEY  ERNEST  J.  ZINGLEMAN 
 B  J  PITTMAN  EUGENE  WALTER 
 HAROLD  HERRING  YVES  A.  FEDER 
 TOMAS  HOOD,  NW7US  JOHN  S  MATTHEWS 
 GARY  MCCAUGHEY  ROBERT  D.  EDMONDSON 
 GARY  A.  BREED  MICHAEL  D.  BROWN 
 LOUIS  CRUZ  JUAN  ARENCIBIA 
 BENNY  H.  BADDLEY  JULIO  PEREZ 
 CLARK  L.  STEWART  JULIO  RIPOLL,  WD4JR 
 RANDALL  K.  MARTIN  K0EU  OWEN  MITCHELL  KB5XE 
 JAMES  S.  IDELSON  JOSEPH  H.  REISERT 
 JULIO  HNERIQUEZ,  AD4Z  JESUS  HERNANDEZ 
 CARL  HERRERA  STEVE  LANYI 
 BILL  JOHNSON  JOHN  SPENCER 
 ALEX  W.  BONNER  JAMES  D.  JORGENSEN 
 VINCENT  CORTINA 


 ANTHONY  B.  (BERNIE)  MCCLENNY,  JR.  W3UR 
 THOMAS  A.  BAUGH  BRADLEY  R.  ANBRO,  N9EN 
 DAVE  PASCOE  KM3T  WILLIAM  S.  JAMES 
 LAWRENCE  R.  TAFT  THOMAS  E.  KUEHL 
 JIM  FUNK  NICHOLAS  C.  WISLOCKI 
 ROBERT  E.  BRUHNS  STEVEN  R.  DANIEL 
 NORMAN  DOUGLAS  GRANT  STEPHEN  D.  BOLIA 
 WILLIAM  A.  PRESTON  ROBERT  CALLAHAN 
 NICHOLAS  A.  FERRO  JOHN  D.  ALLYN 
 MAHLON  R.  HAUNSCHILD  MICHAEL  J  WAGNER 
 A.  PIGHTLING  JESS  LEBOW  K8LJQ 
 PHIL  A.  LEVIN  SPENCER  M.  LAZAR 
 LARRY  BURKE  KIERAN  J.  O'HAGAN 
 RICHARD  SAEGER  KENNETH  V.  MILLER 
 WILLIAM  EWING  LLOYD  CHASTANT 
 JOHN  C.  ABSALOM  SCOTT  FREEBERG 
 WILLIAM  E.  CHAMBERS  RALPH  W.  DAME 
 THOMAS  CATHEY  PAUL  COURSON 
 TODD  D.  BIGELOW  TIMOTHY  P.  HAAKE 
 WELDON  FIELDSWE  KIM  PIGHTLING 
 RON  RUBIN  JAMES  JOHNSON 
 GARRY  R.  SHAPIRO  GLEN  ALLEN 
 MICHAEL  H.  LAJOIE  PAUL  GOODMAN 
 STEPHEN  ICKES  WILLIAM  R.  MCNEIL  N4JI 
 JAMES  J.  REISERT  JOHN  LYLES 
 ERIC  MARTIN  MARK  SPECK 
 WILLIAM  B.  SMITH  STEVEN  TUTHILL 
 BARBARA  SWEET  JOSEPH  CRO  N3IBX 
59
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 GEORGE  M.  HALL  RICHARD  M.  TAVAN 
 PAUL  D.  SERGI  EDWIN  S.  REDKEY 
 MARC  TARPLEE  ARLAN  L.  BOWEN 
 LARRY  ECKENRODE  ANTHONY  A.  DEBIASI 
 PRESTON  T.  SMITH  IRA  P.  STOLER 
 CLIFTON  T.  TRICE  JAMES  E  FRUSHER 
 DONALD  B.  CHESTER  ROBERT  N.  TELLEFSEN 
 PAUL  H.  NEWBERRY,  JR.  JOHN  KAUFMANN 
 HERBERT  R  SWEET  JAMES  T.  GRANGER,  W4TMM 
 ERIC  L.  ZUST  JAMES  L  KINSER 
 RICHARD  E.  MOSER  ROBERT  CRANFORD 
 ARTHUR  PREWITT  HARDY  LANDSKOV 
 FRITZ  REUNING  PAUL  W.  MAIKRANZ 
 MICHAEL  D.  LONNEKE  ROBERT  DOHERTY 
 BRYCE  A.  CARR  JIM  WILLIAMS 
 JEFFREY  A.  MAASS  MAYLON  J  HARVEY 
 WILLIAM  S.  MCCONNELL,  N9US  R.  CARL  LUETZELSCHWAB 
 ROBERT  S.  WRUBLE  GORDON  LEE  MUISE 
 PETER  H.  BRIGGS  THOMAS  L.  VISELLI,  JR. 
 JEFFREY  A.  MAASS  PAUL  WOMBLE 
 JOE  M.  OWEN  THOMAS  M.  GREENWAY 
 FERALD  F.  LOFSTEAD  FRED  A  CRESCE 
 ROBERT  LUKASZEWSKI  DAVID  A.  PRUETT 
 ROBERT  L.  GILL  WALTER  P.  BERNADYN 
 MIKE  CRABTREE  RALPH  MCCLINTOCK 
 GREGORY  J.  CARTER  LESLIE  H.  MURPHY 
 WILLIAM  E.  KENNAMER  RONALD  ST.  LAURENT 
 GEORGE  R.  OLIVA,  JR  MARTIN  L.  ROCKFIELD,  JR. 


 JOHN  W.  DAY  JOHN  A.  SCOTT 
 CHARLES  W.  SHAW  STEPHEN  P.  HART 
 LAYFIELD  L.  LAMB  JIM  HENDERSON 
 HENRY  G.  ELWELL,  JR.  ARCHIBALD  C.  DOTY,  JR. 
 MICHAEL  DINELLI  JOE  BLACKWELL 
 JERRY  W.  ROSALIUS  DOUGLAS  R.  MADDOX 
 WILLIAM  L.  DAWSON  HAROLD  PRICE  SMITH,  JR. 
 JULIUS  B.  CHILLER  W.  MIKE  WOOD 
 RODNEY  R.  INGRAM  DENNIS  MOTSCHENBACHER 
 THOMAS  WELTZER  RICHARD  K.  KARLQUIST 
 STEPHEN  S.  REICHLYN  CHARLES  MORRISON  -  N1RR 
 MICHAEL  MRAZ  N6MZ  STEVE  WOODRUFF 
 THOMAS  A.  RUSSELL  N4KG  ROGER  BOROWSKI 
 LAWRENCE.  H  MOLITOR  ROBERT  D.  PETERSON 
 JAMES  H.  MCCOOK  TOM  G.  WHITESIDE 
 THEODORE  J.  COHEN  WILLEM  A.  ANGENENT 
 DAVID  KENNEDY  ANTHONY  KAZMAKITES 
 WILLIAM  G.  MCDOWELL  RON  POMATTO 
 THOMAS  A.  MCKEE  KEN  J  CLAERBOUT 
 JIM  MONAHAN  DAVID  S.  MCCALLUM 
 LUTHER  J.  CAMP  STAN  SEIFFERT 
 WAYNE  A.  STRAHL  MARK  A.  SHELTON 
 RICK  STURDIVANT  JOSEPH  T.  SUBICH 
 WILLIAM  B.  FAGEOL  D.  BRYAN  VAUGHAN 
 JOHN  GODWIN  PHILIP  LAZAR 
 JOHN  R.  SILVA  THOMAS  G.  VAVRA 
 KENNETH  S.  CANNADAY  DAVID  N.  HAUPT 
 MICHAEL  C.  FULCHER  DALE  L  KALCHERT 
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 MARSHALL  G.  EMM  THOMAS  F.  GIELLA 
 RICHARD  J.  CASEY  WILLIAM  GIOIA 
 MARK  MAY  DANIEL  R.  SIMMONDS 
 FRANK  O.  LONG  DAVE  HOTTELL 
 JOHN  W.  BROSNAHAN  GARY  BAYLESS 
 DARRYL  J.  KELLY  KEVIN  D.  ADAM 
 MARK  ANTHONY  PETER  HUTTER 
 WILLIAM  R.  TIPPETT  W4ZV  PATRICK  M.  BARKEY 
 RONALD  J  GORSKI  ROY  C.  KOEPPE 
 CHARLES  COMERFORD  MICHAEL  C.  TOPE 
 NICHOLAS  J.  STANZIOLA  ROBERT  A  JOHNSON 
 W.  TIPPETT  ISAAC  R.  PRICE 
 RONALD  C.  BEDNARZ  ALFRED  C.  ROUSSEAU 
 HOWARD  M.  KLEIN  ALAN  BROWN 
 DANIEL  H  HOGAN  DOUGLAS  W.  ATTAWAY 
 ROBBERT  G.  FLORY  WALTER  A.  WESSEL,  JR. 
 FLOYD  A.  REYNOLDS  PETER  J.  MALVASI 
 MICHAEL  STOVER  PHILIP  CAMERA 
 BILLY  W.  COX  JR.  CHARLES  M.  DUNLAP,  JR. 
 ALLEN  BARDWELL  G.  E.  TUCKER,  W5VU 
 DAVID  E  SINCLAIR  HARRY  WILLIAMS 
 SAMUEL  A.  LESLIE  H  ALLEN  ROBBINS 
 WILLARD  H.  SITTON  STEPHEN  K.  STONE 
 TIMOTHY  N.  COLBERT  MICHAEL  C.  POOLE 
 RICHARD  N.  BODINE  ELLIOT  V.  BLAIZE  JR. 
 MICHAEL  J  MCGIRR  CHARLES  L  DIETZ 
 JAMES  WOLF  PATRICIA  COLVIN 
 GARY  R.  NICHOLS  JERRY  L.  BARTACHEK  SR. 


 DAVID  L.  THOMPSON  PAUL  M.  ELLIOTT,  JR. 
 JOHN  H.  SHANNON  TERRY  HATTON 
 JERRY  R.  SPRAY  TIMOTHY  H.  HEATON 
 JAMES  STAHL  MICHAEL  CHRISTIE 
 MICHAEL  ST.  ANGELO  TERRY  A.  POSEY,  PE 
 JESS  COLVIN  R.  K.  QUIN 
 DONALD  STRIBLING  KH6DX  FERNANDO  VIGUERAS 
 LUCIANO  MARTINEZ  KEN  ADAMS,  K5KA 
 NEIL  SMITH  VIC  KELLER 
 GUSTAV  W.  HELLMAN  LARRY  SCHIMELPFENIG 
 WILLIAM  GAINES  ROBERT  KING 
 ROBERT  DIXON  JOHN  D.  HENSLEY 
 JOHN  R  BINGHAM  BRADFORD  E.  REHM,  KV5V 
 OSVALDO  PLA  MIGUEL  MAZQUIARAN 
 STEVEN  J.  LITWINS  JOSE  M.  CHAVEZ 
 DEAN  W.  SHOWALTER  DAVID  A.  RAYMOND 
 EDWARD  J.  CHANCE  K3JJG  GARY  D.  ELLIOTT 
 PETER  G.  SMITH  PATRICK  L.  COLLINS 
 STEPHEN  BERTSCH  OSVALDO  MARTINEZ 
 EUGENIO  A.  FLORES  FREDY  GOMEZ 
 GREGORIO  MENDEZ  JESUS  HERNANDEZ 
 MIGUEL  ESPINOSA  DUANE  L.  MITCHELL 
 WILLIAM  H  SMITH  PETER  MARKHAM  WA4HEI 
 PAUL  KICIAK  N2PK  CYRIL  H  HALBACH 
 JOHN  BURGIO,  W2JB  JOHN  E  GERLACH 
 LESLIE  M.  NUHN  CHARLES  W  CLARKE 
 GREG  WILSON  CHARLES  T.  RAUCH 
 MARK  F.  ZEGEL  GEORGE  W.  BRIGGS 
61
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 GEORGE  A.  GUERIN  SILVERIO  L.  REMIGIO 
 EARL  W.  CUNNINGHAM  ELWOOD  C.  VEREGGE 
 THEOODORE  DEMOPOULOS  JULIUS  GOSTEL  JR. 
 ED  GILLILAND  P.  FRED  MUNZENMAYER 
 FR.  JOHN  HILL  RANDY  C.  SCHAAF 
 ED  GILLILAND  DENNIS  A.  HOMERICK 
 ALAN  VAN  BUREN  JOHN  BREWER 
 ROGER  J  PARSONS  JOHN  P.  LARSON 
 PAUL  D.  SCHRADER  N4XM  ROBERT  LEO 
 AUSTIN  REGAL  CLEO  M.  CHRISTENSEN 
 EDWARD  C.  GRAY  FRANK  A.  LYNCH,  W4FAL 
 GEORGE  E.  TAFT  JOSEPH  N.  VERAS 
 JAMES  P.  BOWMAN  JON  ZAIMES 
 DICK  WOLF  -  N6FF  ROBERT  W.  WILSON 
 ROBERT  GARRETT  JAMES  WILSON 
 JOHN  B.  VICKERS  MARK  D.  MCINTYRE  SR. 
 MARK  C.  KILLMON  HENRY  S  KASTELBERG 
 DONALD  B.  HALL  KENNETH  H.  MOORE,  JRF 
 DENNIS  EGAN,  NB1B  ROBERT  E.  HELMS 
 PHILIP  J.  GOETZ  JIM  MONAHAN,  K1PX 
 R.  DEAN  STRAW  JOHN  B.  MITCHELL 
 BRYON  VEAL  RICHARD  WOLF  -  N6FF 
 JOHN  ROBERT  ESHLEMAN,  W4DR  CHARLES  E.  DEWEY,  JR.,  W0CD 
 BILL  BROWN  K0UK  DAVE  BOWKER 
 HAROLD  TATE  N8FXH  GLENN  L.  ROESER 
 STEVE  P.  GECEWICZ  WALTER  E.  WILSON,  JR 
 LAWRENCE  T.  HARRISON,  JR.  VICTOR  H.  GADZIK 
 CHARLES  R.  SCHWARTZ  CURTIS  BLEVINS 


 YURI  BLANAROVICH  JOEL  B.  HOAG 
 JOSEPH  A.  GAGLIARDI  JAMES  L.  JARVIS 
 WILLIAM  HOISINGTON  JOHN  GODWIN 
 RICHARD  B.  WILBORG  JOHN  TERLESKI 
 MICHAEL  F.  GILMER  DAVID  R.  PATTON 
 G.  LLOYD  RIGG  MICHAEL  D.  SAWYER 
 WILLIAM  P.  TURNEY  KENNETH  G.  BYERS,  JR 
 ROBERT  MARCH  JEFFREY  L.  KELLER 
 BILL  RAMSEY  PETER  PELLACK 
 FREDERICK  MAAS  DOUGLAS  C.  WALLER 
 JOHN.  G.  HIPP  JARI  JUSSILA 
 WILLIAM  R.  TIPPETT  VAUGHN  WORTH 
 ART  PIGHTLING  GALE  A.  STEWARD 
 J.  EDWARD  MUNS  FREDERICK  L.  CAPOSSELA 
 BARRY  GROSS  THOMAS  FRANKLIN  GIELLA 
 DUANE  A.  CALVIN  ED  GILLILAND 
 MILTON  KENT  MILLER  BILL  KLERONOMOS 
 JOSEPH  H  WILKOWSKI  K8FC  RONALD  L.  FEUTZ 
 WILLIAM  G.  RINKER  PATRIC  D.  WINTHEISER 
 JOHN  O.  BAUMGARTEN  ERIC  BALL 
 PHILIP  E.  GALASSO  MARION  L.  JACKSON,  JR. 
 DONALD  A.  KARVONEN  NICHOLAS  D.  RICCI 
 KENNETH  J.  FATTMANN  GARY  J.  FERDINAND  W2CS 
 WILLIAM  HOHNSTEIN  GRIFFITH  L.  GORDON 
 DANIEL  J.  FLAIG  DAVE  BOWKER 
 PAUL  T.  OBERT  PHILIP  W.  FINKLE 
 HOWARD  HOYT  N4AF  ANDREW  BLANK 
 JAY  RUTHERFORD  RANDALL  A  THOMPSON 
62
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 THOMAS  W.  PARKINSON  HUGH  S.  PHILLIPS 
 COLLIN  DVORAK  JOHN  C.  HOLLIMAN 
 DAVID  J.  SCHMOCKER  JAMES  L.  JARVIS 
 JOHN  E.  GERCKEN,  AA9UF  TOM  WHITTEN 
 JOHN  GETZ  RON  GRANDMAISON 


 JOHN  C.  GOLLER  KEN  WARREN 
 JEFFREY  T.  BRIGGS  CHARLES  G.  SUMMERS,  JR. 
 STEVE  IRELAND  KEITH  P  JILLINGS 
 JOHN  P.  ROGERS  GRAHAM  BRETT  ALEXANDER 
 GREG  SMITH 


 RM-  10353 
 QCWA  DAVE  BOWKER 
 FR.  JOHN  HILL  -  KC4OKW  HAROLD  TATE  N8FXH 
 JEFFREY  L  GOODNUFF  EDWIN  R.  LAPPI 


 STEVEN  BRYANT  COLLIN  DVORAK 
 THOMAS  M.  LEHNERT  KELLY,  SAM  R. 
 KENNETH  ALAN 


 RM-  10354 
 JAY  JENKINS  MICHAEL  H.  LAJOIE 
 WILLIAM  R.  TIPPETT  PHYLLISAN  WEST 
 HAROLD  TATE  N8FXH  JAMES  M.  MAY 
 CHARLES  G.  SUMMERS,  JR.  HUGH  S.  PHILLIPS 
 JOHN  MARTIN  -W4KYL  MIKE  MELLO,  N5MJ 
 ALLEN  K.  LOVETT  ALAN  J.  WORMSER 
 PAUL  CARPENTER  DENNIS  DUFFIN 
 COLLIN  DVORAK  DR.  DAVID  M.  COLBURN,  KD4E 


 WILLIAM  R.  EATON  MICHAEL  J.  LYNESS,  AF4LQ 
 DREW  R.  MCCARSKY-  KB2SEO  STEVE  DRAGER  W3UXZ 
 HERBERT  W  RAEMSCH  WILLIAM  D.  PRICE 
 PAUL  GATEWOOD  MARK  RICHARDS 
 KELLY,  SAM  R.  JEFFREY  THAU 
 ALLAN  KRUGER  BREN  DORECK 
 JOHN  GETZ  RICHARD  BRITTINGHAM 
 HANS  BRAKOB  K0HB 


 RM-  10355 
 DAVID  W.  DUKE  JET  PROPULSION  LABORATORY  ARC 
 MATTHEW  J  GILBERT  SCOTT  H.  LINDSEY-  STEVENS 
 HAROLD  TATE  N8FXH  JOHN  L.  GAFFORD 
 JAMES  M.  MAY 


 JOHN  C.  HOLLIMAN  KEITH  E.  WYATT 
 JOHN  CHAMBERLAIN,  AC5CV,  WACO  AMATEUR  TELEVISION  SOCIETY 
 Dr.  DAVID  M.  COLBURN,  KD4E  JOHN  COOPER  JR 
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 64 
 RM-  10412 
 DON  SCHELLHARDT,  ESQUIRE  WILLIAM  C.  WHITE/  KD7BFX 
 NICKOLAUS  E.  LEGGETT  REPLY  COMMENTS 
 SCOTT  D.  HERNALSTEEN  THOMAS  P.  CURRIE 
 NEIL  J  NITZBERG  WILLIS  WHATLEY 
 MARTIN  S.  WILCOXSON  GEORGE  J.  MCCOUCH 
 THOMAS  P.  CURRIE  BRENNAN  PRICE 
 POHM,  MARC  A  NICKOLAUS  E.  LEGGETT 
 DANNY  BLACKBURN  DAVID  A.  MERRIWEATHER 
 KENNETH  MEYER  RICH  EYRE  -  REC  NETWORKS  -  K7REC 
 JAY  D.  BERRINGER  KEN  MEYER 
 RICKEY  D.  PIERCE  CHRISTOPHER  J.  CIESLAK 
 HOWARD  STICKLEY  KERRY  STEFFENS  WON 
 RANDALL  WINCHESTER  STEVE  SILVERWOOD 
 HANS  BRAKOB,  K0HB  DAVID  N.  KAMP 
 ED  BODNAR  MARK  RICHARDS 
 JOHN  P.  FLYNN  CARL  R.  STEVENSON  WK3C 
 CHARLES  L.  JOHNSON,  WA7JOS  RICK  REICHERT,  KF4LM 
 JOE  NEIL  J.  W.  WHITE  K1EXE 
 JOHN  GETZ  VINCENT  DIMALTA  WB3LJQ 
 PETER  K.  MURRICANE 


 DONALD  L.  COLLINSON  PATRICK  W.  TICE 
 LARRY  L.  LEDLOW,  JR.  N1TX  DANIEL  MARLOW 
 KURT  A.  LUDWIG  FRED  C.  KELLY  III 
 PATRICK  E.  FREEMAN  PHILLIP  D.  BRITTENHAM 
 W.  LEE  MCVEY  M  CLAY  JACKSON 
 FRANCES  J  BRADLEY  CHRIS  KARPINSKY 
 TERRY  L.  NIXON  WB0VQP  ROBERT  BOEHMER 
 MICHAEL  MAIORANA  JOHN  J.  SCHMITZ,  P.  E. 
 BRIAN  H.  DAVIS  DANA  H.  MYERS 
 RICHARD  G.  THOMASSON  PAUL  GENE  HADLEY 
 TIMOTHY  M.  TAPIO  AG4QE  THOMAS  A.  GEIS 
 ALEXANDER  KRAUSKA  RONALD  D.  ROSSI 
 DAVID  M.  REYNOLDS  JOHN  ELLIS,  NP2B 
 KEN  COUGHLIN  VINCENT  MASTROGIOVANNI  KK5RZ 
 CHARLES  P.  ADKINS  BARRY  SCHIEFERSTEIN 
 JOHN  WAGNER  JACK  BECKMAN 
 ROBIN  RUMBOLT  MARK  K.  HUNTINGTON  KA2MHY 
 CHRISTOPHER  J.  CIESLAK  FRANK  A.  LYNCH 
 CARL  SWANSON  JOHN  DEWEY  KA9CAR 


 RM-  10413 
 WILLIAM  R.  TIPPETT  W4ZV  REPLY  COMMENTS 
 TIMOTHY  J.  FIEBIG  JOHN  S.  RIPPEY  REPLY 
 JAMES  HERSHEY  STEPHEN  L  WOLFCALE 
 RICHARD  FOWLER  ALAN  J.  WORMSER,  N5LF 
 MICHAEL  J.  LYNESS  MICHAEL  DINELLI 
 MARSHALL  G.  EMM  BRANDON  WHITE,  NB5E 


 DONALD  B.  CHESTER  HOWARD  PARRISH,  JR.,  W4IEO 
 LEE  P.  CALLACI  WILLIAM  R.  TIPPETT 
 PHILIP  E.  GALASSO  JAMES  E.  COOK 
 SCOTT  D.  HERNALSTEEN  BRIAN  P.  BURKE 
 JIM  EVANS  PHILIP  LAZAR,  K9PL 
 JEFFREY  T.  BRIGGS,  K1ZM  NEIL  J  NITZBERG 
64
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 HANS  BRAKOB,  K0HB  REPLY  COMMENT  TIMOTHY  J.  FIEBIG 
 STEVEN  FISHER  JAMES  P.  MICCOLIS  N2EY 
 LARRY  D  CLARK  WAYNE  C.  KLUSMAN 
 FREDERICK  C.  GANTZER  MARK  SPATNY  KD6JLS 
 GEORGE  J.  MCCOUCH  EDWARD  P.  MURPHY 
 MICHAEL  J  BUCKLAEW  GREGORY  J.  BEAT 
 JAY  D.  BERRINGER  ADC  TELECOMM  AMATEURS  K0RT 
 JOHN  S.  RIPPEY,  W3ULS  ROGER  C.  ROSE 
 TOM  MILLER  JAMES  R.  MATHERLY 
 JOHN  M  MARCH  EDWARD  T.  TANTON 
 JOHN  W.  HUGHES  KARL  J.  ZUK 
 JOHN  L.  BARBER,  N5JB  NICKOLAUS  E.  LEGGETT 
 MARK  FARR  N9MIU  C.  K.  BRAKOB 
 JAMES  L.  BURKE,  WT4Q  DONALD  YOUNG 
 HANS  BRAKOB,  K0HB  RICHARD  L.  TANNEHILL 
 THOMAS  F.  GIELLA  JAMES  E.  BROMLEY 
 MARK  RICHARDS  KENNETH  V.  HUDELSON 
 JOHN  P.  FLYNN  ROLAND  GUIDRY 
 WILLIAM  F.  OSLER  PAUL  E.  CARPENTER 
 MERRITT  W.  OLSON  KEN  LINDER 
 ROBERT  E.  LYDON  W3REL  WILLIAM  K.  MABRY,  N4QA 
 JOHN  S.  RIPPEY  ROBERT  S  HARTMAN 
 DONALD  R  PUTNICK  RICHARD  S  MCKEE,  KC8AON 
 STEPHEN  A  SAGEMAN  RICK  MILLER 
 DONALD  L.  COLLINSON  JULIO  BRITO  K6-  AVU 
 KURT  A.  LUDWIG  PATRICK  WINTHEISER 
 PATRICK  E.  FREEMAN  ROBERT  CASEY 
 FRANCES  J  BRADLEY  M  CLAY  JACKSON 


 TERRY  L.  NIXON  WB0VQP  EDWIN  R.  KESSLER 
 BRIAN  R  BOWMAN  DANA  H.  MYERS 
 ARNIE  MACY  RICHARD  G.  THOMASSON 
 DONALD  E.  PULLEN  KG4PTE  PAUL  A.  PASSMAN 
 ARRL  GEORGE  WASHBURN 
 PAUL  GENE  HADLEY  MARK  SHEFFIELD 
 THOMAS  A.  GEIS  BRIAN  DAVIS 
 GILBERTO  COMIN  RICHARD  J.  KRUIS 
 JOHN  ELLIS,  NP2B  BRUCE  WILKINSON 
 HANS  BRAKOB,  K0HB  KEN  COUGHLIN 
 PHYLLISAN  WEST  NEIL  SCHWANITZ 
 GREGORY  J.  SMITH  MICHAEL  T.  SHELEHEDA 
 VICTOR  GADZIK  LARRY  R.  FRAVEL 
 LEROY  M.  JENNINGS  JEFFREY  L.  DAVIS,  N9AVG 
 KEN  CUBILO  FRANK  A.  LYNCH 
 JOHN  DEWEY  STEVEN  E.  MATDA 
 HAROLD  TATE  N8FXH  KEVIN  MANZER 
 ROBERT  D.  MONTGOMERY  FRANK  A.  TODD,  IV,  K3EKO 
 RICK  LABANCA  REC  NETWORKS  -  K7REC  -  RICH  EYRE 
65
 Federal  Communications  Commission  FCC  04-  79 
 RM-  10521 
 RICHARD  L.  TANNEHILL  KENTON  E.  STURDEVANT 
 DR.  MICHAEL  C.  TRAHOS  REPLY  COMMENTS 
 ARRL  DONALD  L  BYRER 
 LEROY  E.  HENDRICKSON  STEVEN  E.  MATDA,  KE4MOB 
 KENTUCKY  MOUNTAINS  ARC  OSBORNE 
 MICHAEL  BEATH  CHRIS  J.  SMITH 
 JR  BYFORD  KD5RPU  JAMES  A.  PIERSON  JR.  N1SZ 
 KEN  MEYER  K9KJM  BJ  JENKINS 
 DANNY  L.  MUSTEN  TODD  RICHARD  ELLIS 
 SUSAN  SWIDERSKI  PAUL  R.  GOODMAN 
 CHRISTOPHER  BRADY  ROBERT  S.  GORDON 
 DUANE  WHITTINGHAM  -  N9SSN  ROBERT  A.  MASTERS 
 H.  ALEX  HEDRICK,  JR.  N8FWL  DONALD  L  WILLIAMS  JR  W4VT 
 JEFFERY  S.  GRANTHAM  RICHARD  LINDER 
 DR.  EUGENE  P.  KAISER,  Ph.  D.  STEVEN  KARTY 
 MARK  JAMES  MULLINS  JAMES  MAROLDA 
 RON  CLUSTER  -  AC7TK  TRIPP  OWENS 
 GEORGE  CERMIN  -  W5GCJ  JAMES  EDWIN  WHEDBEE 
 WALTER  B.  TURNER  WILLIAM  H  CONAWAY  W8HNT 
 JOSEPH  S.  GOTTLIEB  BLAIR  ALPER 
 STEPHEN  MICHAEL  KELLAT  DAVID  M.  EAKINS 
 DAN  M.  KIRBY  CHARLES  P.  LOCKE 
 JAMES  MOGLE  -  W0JAG  JOE  ZOBKIW  -  WA2UZO 
 KEVIN  L.  BARDON  STEPHEN  R.  YATES  -  AA5TB 
 EDWIN  G.  DOOLEY,  JR.  NICKOLAUS  E.  LEGGETT 
 MARTIN  CAMPBELL  KB0HAE  HANS  BRAKOB  K0HB 
 WILLIAM  HOLCOMB  CHARLES  P.  ADKINS 


 BRAD  BAKER  E.  R.  WIRTH 
 LEWIS  R.  LONG  PAUL  L.  WOMBLE 
 RICK  REICHERT  -  KF4LM  NEIL  JESSEN  -  N6VHF 
 WILLIAM  TOTH  KRIS  MRAZ,  N5KM 
 JOHN  R.  ROBERTS  STEVEN  JAMES  ROBESON 
 PAT  MARTINI  /  KI3P  KAMP  DAVID 
 GERALD  CARLBURG  K5OKE  TOM  SHERWOOD 
 JOHN  P.  SLATER,  JR.  GEORGE  SALZMANN 
 RONALD  RUSS  VERNON  L.  CASH 
 JAMES  P.  WELLMAN  KC9AHC  GEORGE  WASHBURN 
 JOSEPH  R  SEMER  GARY  PEARCE 
 DR.  JEFFREY  ATWOOD  ROBERT  EVINGER 
 WILLIAM  F.  GREEN  JR.  WAYNE  H.  THOMPSON 
 ALLAN  KRUGER  JOHN  C.  BATTLEFIELD 
 JAMES  DAVID  HARRIS  BRIAN  CATER 
 THOMAS  J.  WEIGEL  DANA  HOGGATT 
 MICHAEL  JOENS  JERRY  OXENDINE 
 ERNEST  HOWARD  JOHN  C.  LEMAY,  JR. 
 WAYNE  C.  GREAVES  ROBERT  A  DAVISSON 
 THOMAS  H.  BUSCH  WB8WOR  FRANK  A.  LYNCH,  W4FAL 
 SCOTT  F.  MIGALDI  -  K9PO  PAUL  W.  CAVNAR 
 CARL  SWANSON,  K6CRS  DORAN  S.  PLATT  III 
 ROBERT  A.  MOREHOUSE  BOB  MORROW 
 ROBERT  D.  MONTGOMERY  K3BM  MARK  W.  REISING 
 JOSEPH  P.  CASTRO  JACOB  LAUSER 
 MICHAEL  JANTZEN  MATTHEW  J.  CASSARINO 
 FRANKLIN  E.  BRODY  REC  NETWORKS 
66
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 RM-  10582 
 ALEX  KNIGHT  JAY  URISH 
 MITCHELL  H.  MONTGOMERY  MARK  R.  SMITH 
 WILLIAM  DAVID  MONTGOMERY  KEITH  A.  ZERINGUE 
 HOWARD  W.  THORNTON  BARRY  JOHNSON 
 JAMES  MAROLDA  KE4DRN  WILLIAM  H.  WEINEL  III 
 KENNETH  SLOUGH  STEVEN  C.  GALLAFENT 
 HELENE  FOWLER 


 JEFFREY  L.  KELLER  RUSSELL  C.  BROWN 
 RICHARD  FOWLER  TERRY  W.  ROCKHOLD 
 JAMES  BEDIENT  BOB  LUKASZEWSKI 
 DARRELL  G.  GORDON  JOE  PETERSON 
 ROBERT  CLUNN  MICHAEL  R.  HEEBINK 
 DAVID  CRUSAN  RICHARD  B,  BLANCHARD,  JR,. 
 C.  NORMAN  YOUNG 


 RM-  10620 
 DALE  E.  REICH  DAVID  J.  MOCK 
 JOSEPH  SPERONI  BRADLEY  FARRELL 
 MELVIN  LEHMANN  RICK  DUBBS 
 THORSTEN  C.  PRUTZ  LARRY  W.  WHEELER 
 JOSEPH  M.  CASEY  CHRISTOPHER  THOMAS  CASEY 
 JOHN  C.  PARKER,  K4OAC  JAYSON  A.  QUILANTAN 
 GAYLE  RUSSELL  NORBERG  GEORGE  E.  HALL 
 DALE  E.  REICH  TERRY  W.  ATKINS 
 DALE  E.  REICH  -  K8AD  TERRY  L.  WHITE 
 BRADLEY  FARRELL  DALE  E.  REICH 
 TOM  CRAIG  ROBERT  CZEKAJ 
 DALE  E.  REICH  WILLIAM  J.  WILLIAMS,  JR. 
 TIM  ISOM  JAMES  T.  VIELE 
 D.  MICHAEL  CEGELSKI  THOMAS  N.  PARK 
 LLOYD  COLSTON  STEVEN  JOACHIM 
 DALE  E.  REICH  -  K8AD  HERBERT  SWEET 
 PAUL  S.  COURSON,  WA3VJB  RICH  EYRE,  K7REC 
 DAVID  REEDER  JOHN  HITE 
 HOWARD  C.  BARNES  GEORGE  E.  BOSWELL 


 THOMAS  N  PARK  A.  ROBERT  PATZLAFF 
 KAY  W.  HARGIS  ROBERT  B,  STREET 
 WILBERT  A  NUSSELMAN  ROBERT  A  SHAFFER  JR 
 GEORGE  E.  BOSWELL  DAVID  A.  ORIENTI 
 BECKETT,  JAMES  W.  KYLE  A.  YOKSH 
 STUBBE  JOHN  W  DAVID  R.  MAZZA  KB9EI 
 J.  DALTON  MCCRARY  CRAIG  WM.  VAGELL 
 PAUL  J.  TOTH  ROBERT  CERRETO 
 KENNETH  D.  HOPPER  HAROLD  E.  DAVIS,  JR. 
 WILLIAM  E.  SCHOLTZ,  JR.  EDWIN  R.  KESSLER 
 THOMAS  CHAMBERS  JOHN  R.  ROBERTS 
 KEVIN  SCHROEDER  KD4TOZ  GERALD  R.  COLVIN 
 EARL  PAAZIG  MICHAEL  D.  PRICE 
 WILMER  E.  HAAS  JOHN  G  KUMIEGA 
 CHARLES  COLLIER  JOHN  P.  SLATER,  JR.  N4KFT 
 OLGA  KRUGER  KC7QMD  FRED  E.  CAMPBELL  W5FAE 
 PAUL  T.  MASON  RALSTON  CONNELL 
 KENTON  E.  STURDEVANT  FRANK  TAYLOR  SMITH 
 CHARLES  J  SPONAUGLE  WILLIAM  EWING,  WA0KAQ 
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 RAYMOND  E.  MIKESELL  PHIL  HARTZ 
 LOUIS  F.  MAAG  RANDY  BYNUM 
 PAUL  BRANSZTET  JOSEPH  A.  RICH 
 PETRASH,  TERRY  G  WILLIAM  A.  BELL 
 MICHAEL  E.  VOURNAZOS  -  KC8GOW  PAUL  J.  GRAZIANI 
 CHRISTOPHER  TODD  JAMES  L  HALL/  KY1H 
 BRUCE  MULTHUP  MILTON  NEVRENCHAN 
 STEVE  FRAASCH,  K0SF  EDMUND  C.  TYNAN 
 JOHN  P.  FLYNN  SCOTT  LINDSEY-  STEVENS 
 RAYMOND  J.  GREEN  WILLIAM  D.  TAYLOR 
 PAUL  D.  FEE  JAMES  SLEEMAN 
 WILLIAM  M  HOPKINS  ROBERT  D.  GAGE 
 JAMES  OLSON  JONATHAN  YOUMANS 
 ALLAN  KRUGER  W7ZK  J.  B.  EDMONDS 
 DONALD  LAMA  MARK  ROTHSTEIN,  P.  E.  ,  KC3JV 
 ARNOLD  G.  PETERSON  JOHN  M.  HOYT  /  W5UGD 
 LEWIS  W  BRUCE  FREDERICK  H.  WAGNER 
 DANIEL  D.  BOGLE  JOHN  EDWARD  BERRY 
 R.  DON  MURRAY  ROBERT  COCKREAM  AB9EE  EXTRA 
 RON  D'EAU  CLAIRE  WILLIAM  DEMAIO 
 JAMES  H.  DAVIS  HAROLD  F.  PFANNENSCHMID 
 PAUL  DROTHLER  JOSEPH  W.  ACKERMANN 
 ALLAN  KRUGER  FRED  K.  STENGER 
 JAY  K.  BELL  MARK  A.  SKOWRONSKI 
 RAYMOND  R.  PICK  RICHARD  ANGELIN 
 LYNDON  SMITH  KENNETH  V.  HUDELSON  ARS  K0KEN 
 DALE  REICH  DAVID  S.  MCCALLUM,  W7SAC 


 GLEN  E.  HAZEN  ROBERT  HALSING 
 RICHARD  D  MILLER  EDWARD  W.  GARDNER,  KC2BYA 
 STEVE  DRAGER  EDWARD  F  MUELLER 
 J  DOUGLAS  FERGUSON  MARK  HORNINGER 
 DAVID  SALT  WEBSTER  D.  WILLIAMS 
 ROBERT  R  KELLER  WILLIAM  A  MCKAY 
 MILTON  PENDARVIS  PHYLLISAN  WEST 
 WILLIAM  J.  ROBERTS  GREGORY  B.  RAUCH 
 L.  D.  CARPENTER  ALAN  K.  UNANGST 
 GARY  STEINBECK  MURRAY  GREEN 
 SCOTTY  W.  NEUSTADTER  TERRY  L.  NIXON 
 ERIC  HARLAN  CHRISTENSEN,  KF4OTN  JOSEPH  C.  HANNIGAN 
 KENNETH  W.  SKINNER  JOSE  BERRIOS 
 JOHNSTON  II,  TIM  E.  BRUCE  BRODER 
 GEORGE  D.  SCHWAB  MARK  RYAN 
 TOM  EVANS  BENJAMIN  R.  BUNCH  KJ7HW 
 GEORGE  B.  PEARSE  RAYMOND  J.  YAKESH  K7PIG 
 DAVID  CRUSAN  GLEN  EARL  ZOOK 
 STEVEN  KARTY  RICHARD  P.  SULLIVAN 
 JAMES  T.  FERRELL  N8QOQ  BILL  STRICKLAND 
 BILL  GOFF  BARRY  B.  DIAMOND 
 WILEY  CLARKSON  WA5OTR  CHARLES  RISTORCELLI 
 RANDY  PERKINSON  THOMAS  H.  BUSCH  WB8WOR 
 JOHN  A.  REYNOLDS  CARL  R.  SWANSON,  K6CRS 
 NATHAN  BARGMANN  STEVEN  E.  MATDA,  KE4MOB 
 WILLIAM  HOULNE  -  WB6BNQ  TIMOTHY  S.  HAGFORS 
 STEPHEN  MICHAEL  KELLAT 
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 RM-  10621 
 ARRL,  INC.  WILIAM  R.  HANSELL 
 JAKE  A.  SCHAFFNER  JAYSON  A.  QUILANTAN 
 D.  MICHAEL  CEGELSKI  ALLOWAY  RICHARD  D 
 NICKOLAUS  E.  LEGGETT  KYLE  A.  YOKSH 
 STEPHEN  J.  HORAN  GERALD  R.  COLVIN 
 MICHAEL  D.  PRICE  PAUL  T.  MASON 
 RANDY  BYNUM 


 HAROLD  C.  BACON  RANDALL  D.  MELTON 
 HOWARD  DEFELICE  SCOTT  LINDSEY-  STEVENS 
 J.  B.  EDMONDS  DANIEL  D.  BOGLE 
 RICHARD  D  MILLER  ARS  K1RDM  J  DOUGLAS  FERGUSON 
 TERRY  L.  NIXON  JAMES  EDWIN  WHEDBEE 
 JUSTIN  COX  REICH,  DALE  E.  K8AD 
 STEPHEN  MICHAEL  KELLAT 
69
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 APPENDIX  C  RULE  CHANGES 
 Chapter  1  of  Title  47  of  the  Code  of  Federal  Regulations  is  amended  as  follows: 
 PART  0    Commission  Organization 
 The  authority  citation  for  part  0  continues  to  read  as  follows: 
 AUTHORITY:  Sec.  5,  48  Stat.  1068,  as  amended;  47  U.  S.  C.  155,  225,  unless  otherwise  noted. 
 1.  Section  0.  131  is  amended  by  revising  paragraph  (n)  to  read  as  follows: 
   0.131  Functions  of  the  Bureau. 
 *  *  *  *  * 
 (n)  Administers  the  Commission's  amateur  radio  programs  (part  97  of  this  chapter)  and  the  issuing  of  maritime  mobile  service  identities  (MMSIs). 


 *  *  *  *  * 
 Part  97  -  Amateur  Radio  Service 
 The  authority  citation  for  part  97  continues  to  read  as  follows: 
 AUTHORITY:  48  Stat.  1066,  1082,  as  amended;  47  U.  S.  C.  154,  303.  Interpret  or  apply  48  Stat.  1064-  1068,  1081-  1105,  as  amended;  47  U.  S.  C.  151-  155,  301-  609,  unless  otherwise  noted. 


 1.  Section  97.3  is  amended  by  revising  paragraph  (a)(  1)  and  by  removing  and  reserving  paragraph  (a)(  17)  to  read  as  follows: 
   97.3  Definitions. 
 (a)  *  *  * 
 (1)  Amateur  operator.  A  person  named  in  an  amateur  operator/  primary  license  station  grant  on  the  ULS  consolidated  licensee  database  to  be  the  control  operator  of  an  amateur  station. 


 *  *  *  * 
 2.  Section  97.  109  is  amended  by  revising  paragraph  (d)  and  removing  paragraph  (e)  to  read  as  follows: 
   97.109  Station  control. 
 *  *  *  *  * 
 (d)  When  a  station  is  being  automatically  controlled,  the  control  operator  need  not  be  at  the  control  point.  Only  stations  specifically  designated  elsewhere  in  this  part  may  be  automatically  controlled.  Automatic 
 control  must  cease  upon  notification  by  a  District  Director  that  the  station  is  transmitting  improperly  or  causing  harmful  interference  to  other  stations.  Automatic  control  must  not  be  resumed  without  prior 
 approval  of  the  District  Director. 
70
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 71 
 *  *  *  * 
 3.  Section  97.  203(  h)  is  redesignated  as  Section  97.205(  h). 
 4.  Section  97.  307  is  amended  by  revising  paragraph  (d)  to  read  as  follows: 


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


 *  *  *  *  * 
 5.  Section  97.  505  is  amended  by  revising  paragraph  (a)(  9)  to  read  as  follows: 
   97.505  Element  credit. 
 (a)  *  *  * 
 (9)  An  expired  FCC-  issued  Technician  Class  operator  license  document  granted  before  February  14,  1991:  Element  1. 


 *  *  *  *  * 
 6.  Section  97.  507  is  amended  by  revising  paragraph  (a)(  2)  to  read  as  follows: 
   97.507  Preparing  an  examination. 
 (a)  *  *  * 
 (2)  Elements  1  and  2:  Advanced  or  General  Class  operators. 
 *  *  *  *  * 
71