From: pschleck@cwis.unomaha.edu (Paul W Schleck KD3FU)
Subject: Text of FCC PR Docket 92-136, Relaxation of "No-Business" Rule
Organization: University of Nebraska at Omaha
Date: Wed, 26 Aug 1992 04:24:11 GMT
Expires: Tue, 1 Dec 1992 06:00:00 GMT

Copied this one out of September QST.  Typing mistakes are mine, grammar
mistakes are the FCC's :-).  This file is also available via anonymous
FTP from ftp.cs.buffalo.edu under /pub/ham-radio.

73, Paul W. Schleck, KD3FU

pschleck@unomaha.edu



                              Before the 
                   Federal Communications Commission
                         Washington, DC  20554

                          PR Docket No. 92-136

In the Matter of

Ammendment of Part 97 of the                      RM-7849
Commission's Rules to Relax                       RM-7895
Restrictions on the Scope of                      RM-7896
Permissible Communications
in the Amateur Service.

                  NOTICE OF PROPOSED RULE MAKING

Adopted: June 18, 1992                          Released: July 2, 1992

Comment Date: October 1, 1992
Reply Comment Date: December 1, 1992

By the Commission:

                       I. INTRODUCTION

     In this _Notice of Proposed Rule Making (Notice)_, we propose to
amend the rules for the amateur service by lessening restrictions on the
scope of the permissible communications that amateur stations may
transmit.  This proceeding was initiated by two petitions and a letter
requesting rule making relating to this issue. (1)

                        II. DISCUSSION

     2.  The petitioners generally seek greater flexibility for amateur
stations to transmit communications for public service projects and
personal matters.  They want to eliminate rules that bar amateur
stations from transmitting occasionally messages that could indirectly
facilitate the business or commercial affairs of some party and messages
that could be transmitted in other radio services.  They ask, therefore,
for amendment of Section 97.113 of the Commission's Rules.  17 C.F.R
97.113.  The petitioners indicate this rule needs to be reviewed in light
of contemporary communication demands and the operational capabilities
of licensees in the amateur service.  The petitioners argue that the
prohibition against using the amateur service as an alternative to other
authorized radio services, except as necessary for emergency
communications, may unnecessarily restrict amateur operators from
participating in many public service activities and from satisfying
their personal communications requirements.

     3.  The current Section 97.113 is intended to help maintain the
non-commercial character of the service by prohibiting certain types of
transmissions by amateur stations. (2)  We do not, however, want to
inhibit amateur operators from using the service frequencies in the
manner they believe best suited to their purposes.  The objective of
this proceeding, therefore, is to determine if the prohibitions in
Section 97.113 should be relaxed, and, if so, how Section 97.113 should
be revised to accommodate the uses of the service frequencies that
amateur operators desire.

     4.  The League contends that restrictions on the content of amateur
station transmission should be based on the principle that any
amateur-to-amateur communication is permitted unless specifically
prohibited. (3)  The Leage, therefore, seeks to allow amateur stations
to transmit occasionally certain types of communications that are now
prohibited so that the amateur service community can better meet public
service communications needs. (4)  The League states that its suggested
amendment would not subject the service to exploitation because the
self-regulating character of the service would provide the proper checks
and balances. (5)  It also argues that each licensee can best determine
for himself or herself whether a particular public service project, such
as providing communications at spectator events, (6) is a reasonable use
of the amateur service frequencies.  (7)  The League also seeks to allow
an amteur station control operator to accept compensation when using the
station as part of classroom instruction at an educational institution.
(8)

     5.  Reynolds and Ruh ask that amateur stations be authorized to
fill communications voids in other radio services. (9)  They suggest
eliminating the prohibition on amateur stations retransmitting the
broadcasts of stations in other radio services; such as government time
and weather stations. 10  They also request that amateur stations be
allowed to retransmit music included in space shuttle communications.
(11)  Ruh further requests that amateur stations be allowed to
retransmit video obtained from government and private radar stations.
(12)

     6.  Periodicals serving the amateur service community have
indicated that there is already widespread use of amateur service
frequencies by amateur operators to bolster governmental functions.
These periodicals routinely commend and laud amateur operators for
providing communications for police and fire departments, (13) and for
reporting data to the National Weather Service. (14)  Correspondence
from amateur operators also suggests that they want to communicate
mmessages relating to their personal business such as ordering goods and
services. (15)  Some commenters, however, oppose any change to Section
97.113.  One group states that to relaxe the prohibited transmission
rule would undermine the basic principle of non-commercial
communications upone which the amateur service is founded and for which
the frequencies are allocated.  (16)  Other commenters express the view
that allowing any business-related communications on amateur service
frequencies would be disruptive (17)  and that any relaxation of the
prohibited communication rule would mar the end of the amateur service.
(18)

                     III. PROPOSAL

     7.  It appears clear from the petitions and comments discussed
above that much of the amateur communicty strongly supports relaxing a
number of the existing res;trictions on the scope of amateur services
communications.  Further, it appears that the amateur community
appreciates both the benefits and the burdens of relaxing these existing
restrictions.  The restrictions on permissible communications in the
rules were designed to protect the essential character of the amateur
service as a reservoir of volunteer communicators, technicians, and
electronics experts dedicated to advancing the radio art, to provide
public service communications in times of emergencies, and to enhance
international goodwill.  While eliminating some of the existing
restrictions would provide the flexibility to expand public service
activites and satisfy the personal communications interests, the
potential for commercial exploitation and abuse of the amateur service's
allocated frequencies could increase.

     8.  After careful consideration, we propose to relax the
restrictions on the scope of permissible amateur communication.
Specifically, we propose the revision suggested by the League.  Our
decision is based on the following factors.  First, the League's
suggested proposal appears to best consolidate the views of the amateur
community.  Second, relaxing the restriction on permissible
communications would permit the amateur community to increase its public
service activities.  Third, as noted by the League, the amateur
community has a long tradition of self-regulation and a strong
commitment to maintaining the unclouded distinction between the amateur
service and other radio services.

     9.  The proposed rule amendments would expand the scope of public
service communications and personal communications permitted in the
amateur service.  More specifically, we propose to relax the prohibition
against amateur stations transmitting any communications that could be
furnished via other radio services.  our intent is to allow amateur
operators who so desire to increase their public service activities in
support of parades, races, and other public gatherings.  We also propose
to remove the outright bar on amateur stations transmitting
communications that could facilitate the business affairs of any party.
This change would allow amateur stations to transmit, for example,
communications relating to amateur radio club business activities.
Amateur stations could also transmit communications, such as ordering
food, lodging, and transportation, that incidentally facilitated the
commercial activites of some party.  We further propose to permit
control operators to accept compensation as an incident of a teaching
position during periods of time when the station is used for classroom
instruction.  The general prohibition against amateur operators
transmitting messages for hire or for material compensation, direct or
indirect, however, would remain in the rules.

     10.  These proposals are not intended to alter in any way the
nature and purpose of the amateur service.  Rather, they are intended to
give amateur operators more flexibility to serve the public as well as
to enhance their personal communications capabilities.  These proposed
changes, however, would also increase the amateur community's
responsibilities for self-regulation and cooperation in the use of their
allocated frequencies.  We request comments, therefore, on the proposed
amendments to the Amateur Radio Services Rules set forth in the attached
Appendix.  We are not proposing to allow amateur stations to transmit
music as suggested by Ruh.  We believe this proposal could alter the
nature and purpose of the service and is well beyond our goal of
providing greater flexibility for amateur stations to transmit
communications for public service gatherings and personal matters.
Interested parties, however, may comment regarding whether transmissions
of music should be allowed.

                     IV.  PROCEDURAL MATTERS

Ex-Parte Rules - Non-Restricted Proceeding

     11.  This is a non-restricted notice and comment rule making
proceeding.  _Ex parte_ presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in
Commission rules.  See generally 47 C.F.F. 1.1202, 1.1203, and
1.1206(a).

Regulatory Flexibility Act

     12.  We certify that the Regulatory Flexibility Act of 1980 does
not apply to this rule making proceeding because, if the proposed rule
ammendments are promulgated, there will not be any significant economic
impact on small business entities, as defined by Section 601(3) of the
Regulatory Flexibility Act.  The amateur service may not be used to
transmit business communications on a regular basis.  See 47 C.F.R.
97.113(a).  The Secretary shall send a copy of this Notice of Proposed
Rule Making, including the certification, to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with
paragraph 605(b) of the Regulatory Flexibility Act. Pub. L. No. 96-354.
96 Stat. 1164 5 U.S.C. 601-612 (1981).

Comment Dates

     13.  Pursuant to applicable procedures set forth in 1.415 and 1.419
of the Commission's Rules, 47 C.F.R. 1.415 and 1.419, interested parties
may file comments on or before October 1, 1992, and reply comments on or
before December 1, 1992.  To file formally in this proceeding, you must
file an original and five copies of all comments, and reply comments.
If you want each Commissioner to receive a personal copy of your
comments, you must file an original plus nine copies.  To file
informally, you must file an original and one copy of your comments,
provided only that the Docket Number is specified in the heading.  You
should send comments and reply comments to Office of the Secretary,
Federal Communications Commission, Washington, DC  20554.  Comments and
reply comments will be available for public inspection during regular
business hours in the Dockets Reference Room of the Federal
Communications Commission, 1919 M Street, N.W., Washington, DC  20554.

     14.  For further information, contact William T. Cross, Personal
Radio Branch, Private Radio Bureau, (202) 632-4964.

FEDERAL COMMUNICATIONS COMMISSION

Donna R. Searcy
Secretary

                            APPENDIX

     Part 97 of Chapter 1 of Title 47 of the Code of Federal Regulations
is proposed to be ammended as follows:

     1.  The authority citation for Part 97 would continue to read as
follows:

Authority citation: 48 Stat. 1066, 1082, as amended; 47 USC 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 USC
151-155, 301, 609, unless otherwise noted.

     2.  Section 97.113 would be revised to read as follows:

     97.113 Prohibited transmissions.

     (a) No amateur station shall transmit:
     (1) Communications for hire or for material compensation, direct or
indirect, paid or promised, except as otherwide provided in these rules;
     (2) Communications in which the station licensee or control
operator have a pecuniary interest, including communications on behalf
of an employer.  Amateur operators may, however, notify other amateurs
of the availability for sale or trade, of apparatus normally used in an
amateur station, provided that such activity is not conducted on a
regular basis;
     (3) Music; Communications intended to facilitate a criminal act;
Messages in codes or ciphers intended to obscure the meaning thereof,
except as otherwise provided herein;  Obscene, indecent, or profane
words or langauge; or false or deceptive messages, signals, or
identification;
     (4) Communications, on a regular basis, which could reasonable be
furnished alternatively through other radio services.
     (b) An amateur station shall not engage in any form of
broadcasting, nor may an amateur station transmit one-way communications
except as specifically provided in these rules;  nor shall an amateur
station engage in any activity related to program production or
newsgathering for broadcasting purposes, except that communications
directly related to the immediate safety of human life or the protection
of property may be provided by amateur stations to broadcasters for
dissemination to the public where no other means of communication is
reasonably available before or at the time of the event.
     (c) A control operator may accept compensation as an incident of a
teaching position during periods of time when an amateur station is used
by that teacher as a part of classroom instruction at an educational
institution.
     (d) A control operator of a club station may accept compensation
for the periods of time when the station is transmitting telegraphy
practice or information bulletins, provided that the station transmits
such telegraphy practice and bulletins for at least 40 hours per week;
schedules operations on at least six amateur service MF and HF bands
using reasonable measures to maximize coverage;  where the schedule of
normal operating times and frequencies is published at least 30 days in
advance of the actual transmissions;  and where the control operator
does not accept any direct or indirect compensation for any other
service as a control operator.
     (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 originating from United
States Government stations, and communications originating on United
States Government frequencies between a space shuttle and its associated
Earth stations.  Prior approval for such retransmissions must be
obtained from the National Aeronautics and Space Administration.  Such
retransmissions must be for the exclusive use of amateur operators.
Propagation, weather forecasts, and shuttle retransmissions may not be
conducted on a regular basis, but only occasionally, as an incident of
normal amateur radio communications.
     (f) No amateur station, except in auxilliary, repeater, or space
operation, may automatically retransmit the radio signals of other
amateur stations.

Notes:

(1)  Petitions were received from Michael R. Reynolds (RM-7849) and
Henry B. Ruh on behalf of Amateur Television Quarterly Magazine
(RM-7896).  The letter was received from the Americal Radio Relay
League, Inc. (League).  Because of the detail it contains, it is treated
as a petition (RM-7895).

(2)  Section 97.113 prohibits amateur stations from transmitting any
communications the purpose of which is to facilitate the business or
commercial affairs of any party.  It prohibits amateur stations from
transmitting communications as an alternative to other authorized radio
services.  It also prohibits the transmission of music; communications
in connection with any activity that is contrary to law; encrypted
messages; words, language or meaning that is obscene, indecent, or
profane; and false or deceptive messages or signals.  This rule
provides, however, exceptions for providing emergency communications,
facilitating the public's safe observation of public gatherings, selling
amateur station apparatus, and conveying news information.

(3)  RM-7895 at 2.

(4)  Id. at 1.

(5)  Id. at 11.
 
(6)  Id. at 10.

(7)  Id. at 10-11.  The League's proposed revision is based upon the
principles that (a) amateur operators should not conduct communications
in exchange for compensation or for the benefit of their employers, (b)
amateur operators should not transmit communications in which the
operator has a pecuniary interest, and (c) amateur operators should not
use amateur service frequencies regularly as a substitute for other
licesned radio services.  The yardstick the amateur operators would use
for determining pecuniary interest would be the business implication of
the licensee intitiating the communication, not the recipient.

(8)  Id. (Attachment) at 1.

(9)  RM-7849 at 3 and RM-7896 at 1.

(10) RM-7849 at 1, 3, and RM-7896 at 2.  The League also proposes
eliminating this prohibition.  See RM-7895 at 14.

(11) RM-7849 at 2, RM-7896 at 2.

(12) RM-7896 at 1-2.

(13) See The National Amateur Radio Association's _The Amateur Radio
Communicator_, October, 1991, 18-20: comment of Gay James at 3, 
_Worldradio_ January, 1992, 1,3; QST February, 1992, 23; QST May, 1991,
14.

(14) See The National Amateur Radio Association's _The Amateur Radio
Communicator_, November, 1991, 22-24, Worldradio, Marcy, 1992, 26-27,
QST, July, 1991, 69.

(15) Letter from Mr. C. Murray Robinson to Chief, Personal Radio Branch
(September 10, 1991).

(16) Comment of Hood County Amateur Radio Club at 2.

(17) Comment of A. Prose Walker at 1, Comments of American Amateur Radio
Council (AARC) at 5.  The late filed AARC Comments were accompanied by a
request for acceptance.  We have accepted and considered AARC's Comments
in the interest of developing as complete a record as possible on this
issue.

(18) Comment of Steve Lund at 1, Jon Book at 1, Southeast Louisiana
Amateur Radio Club at 1.

Newsgroups: rec.radio.amateur.policy