6548 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

enactment of the 1996 Act. But as HSN

and ValueVision state, ‘‘the Act’s

specific instruction that fees were to be

assessed only on ‘ancillary and

supplementary’ digital services was

arrived at in the context of the

Commission’s contemporaneous

consideration of [its then pending DTV

rulemaking proceeding], in which the

Commission repeatedly and consistently

made clear that ‘ancillary and

supplementary’ services are separate

and distinct from existing, traditional

over-the-air broadcast services.’ We

believe Congress drew the same

distinction in enacting Section 336,

excluding free, over-the-air broadcast

video programming service from fees.

Traditional home shopping,

infomercials, and direct marketing

services have long been a free, over-theair broadcast service, or, in § 73.624(c)’s

rubric, a ‘‘video broadcast signal

provided at no direct charge to

viewers.’’ It follows that in enacting

Section 336 Congress did not intend to

include these existing services within

the phrase ‘‘ancillary or supplementary

services’’ and subject them to fees.

23. Further evidence of this can be

found in Section 336(b)(3), which states,

among other things, that ‘‘no ancillary

or supplementary service shall have any

rights to carriage under section 614 or

615,’’ i.e., the statutory ‘‘must carry’’

rights broadcast television stations have

to be carried on cable systems in their

local area. 47 U.S.C. 336(b)(3). If a free,

over-the-air home shopping broadcast

service is considered an ‘‘ancillary or

supplementary service,’’ stations

carrying such programming would be

rendered ineligible for must carry rights

under Section 336(b)(3). We do not

think Congress could have intended

such a result given that, in Section 4(g)

of the Cable Television Consumer

Protection and Competition Act of 1992

(the ‘‘1992 Cable Act’’), it directed the

FCC to determine whether home

shopping stations served the public

interest and were entitled to must carry

rights. It would make little sense for

Congress to charge us with this duty,

and then four years later preclude home

shopping stations from must carry rights

under Section 336(b)(3) without a

mention, either in the 1996 Act or its

legislative history, of Section 4(g) of the

1992 Cable Act. A basic principle of

statutory construction is to seek to

construe statutory provisions so that

they are consistent with each other. We

think the most reasonable way to square

Section 336 and Section 4(g) of the 1992

Cable Act is not to treat traditional

home shopping, infomercials, and direct

marketing services as ancillary or

supplementary services.

24. We do not agree with UCC, et al.’s

suggestion that our decision not to

apply fees to home shopping,

infomercials and direct marketing

services means any service provided

without charge to the viewer is exempt

from fees regardless of whether a third

party compensates a broadcaster for

carriage. Nor do we agree with UCC, et

al.’s argument that our decision

effectively nullifies Section 336(e)(1)(B),

which requires us to impose fees on

ancillary or supplementary services ‘‘for

which the licensee directly or indirectly

receives compensation from a third

party in return for transmitting material

furnished by such third party (other

than commercial advertisements used to

support broadcasting for which a

subscription fee is not required).’’ Our

decision today does not exempt, for

example, payments made to a DTV

licensee by a stock broker to transmit

stock quote data to the broker’s clients

even though the clients pay no direct fee

for this service. This clearly would be

an ‘‘ancillary or supplementary service’’

that is feeable under Section

336(e)(1)(B).

25. But where, as here, the service is

a video broadcast signal provided at no

direct charge to viewers, it is not

feeable, even though the broadcaster

may be receiving compensation from a

third party to carry the service. As HSN

and ValueVision point out, to hold

otherwise would mean that ‘‘all the

affiliates of the ABC, CBS and NBC

broadcast television networks arguably

would be subject to fees for their free,

over-the-air broadcast services because

they receive compensation from their

networks for airing network

programming.’’ These are video

broadcast signals provided to viewers at

no direct charge, and therefore are not

ancillary or supplementary services and

are not subject to fees. We consequently

deny UCC, et al.’s Petition.

26. We make one final note. Our

decision in the R&O, like our decision

today, applies only to traditional home

shopping, infomercials, direct marketing

and similar services with no interactive

or ‘‘clickable’’ elements and which can

entail viewers purchasing products by

calling a telephone number identified

during the broadcast. We recognize that

it may be possible in the future for these

purchases to be made via an interactive

system provided by the licensee on its

DTV bitstream. For example, a DTV

viewer may be able to purchase a

product shown on a home shopping

program by clicking a special icon

displayed on the screen and

transmitting a purchase order via the

licensee’s DTV bitstream. In reply

comments submitted in the initial round

of comments of this proceeding,

ValueVision and HSN stated that such

an interactive purchase order system

was being explored and argued that

revenues generated from this sort of

system should be exempt from fees.

Because such services are only at a

nascent stage and the particular

circumstances are unclear at this point,

we decline to decide whether they

would constitute an ancillary or

supplementary service subject to a fee

under Section 336(e)(1)(B).

V. Administrative Matters

27. The action contained herein has

been analyzed with respect to the

Paperwork Reduction Act of 1995 and

found to impose no new or modified

reporting and record-keeping

requirements or burdens on the public.

In addition, the Final Regulatory

Flexibility Act Analysis set forth in the

R&O in this proceeding remains

unchanged.

28. Accordingly, pursuant to the

authority granted by 47 U.S.C. 4(i), 303,

336(e), and 47 CFR 1.429, the Petition

for Reconsideration filed jointly by the

National Association of Broadcasters

and the Association for Maximum

Service Television, and the Petition for

Reconsideration filed jointly by the

Office of Communication Inc. of the

United Church of Christ, the Benton

Foundation, the Center for Media

Education, the Civil Rights Forum and

Media Access Project, are both hereby

denied.

1. This proceeding is terminated.

List of Subjects in 47 CFR Part 73

Television, television broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–3068 Filed 2–9–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 97

[WT Docket No. 98–143, RM–9148, RM–

9150, RM–9196; FCC 99–412]

Amateur Service Rules

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document revises the

Amateur Radio Service rules to simplify

the Amateur Radio Service operator

license structure; streamlines the

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6549

number of examination elements; and

reduces the emphasis on telegraphy that

underlies the current license structure

to the greatest extent possible,

consistent with the international radio

regulations. This action will allow

current Amateur Radio Service licensees

to contribute more to the advancement

of the radio art; reduce the

administrative costs that the

Commission incurs in regulating this

service and streamline our licensing

processes; eliminate unnecessary

requirements that may discourage or

limit individuals from becoming trained

operators, technicians, and electronic

experts; and promote efficient use of

spectrum allocated to the Amateur

Radio Service.

DATES: Effective April 15, 2000.

FOR FURTHER INFORMATION CONTACT:

William T. Cross, Public Safety and

Private Wireless Division, Wireless

Telecommunications Bureau, (202) 418–

0680, TTY (202) 418–7233.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, WT Docket No. 98–143, FCC

99–412, adopted December 22, 1999,

and released December 30, 1999. The

complete text of this Report and Order

is available for inspection and copying

during normal business hours in the

FCC’s Reference Information Center, 445

12th Street SW, Room CY–A257,

Washington, DC. The complete text of

this Report and Order may also be

obtained from the Commission’s copy

contractor, International Transcription

Services, Inc., 1231 20th St., NW,

Washington, DC 20036, telephone (202)

857–3800. Alternative formats

(computer diskette, large print, audio

cassette, and Braille) are available to

persons with disabilities by contacting

Martha Contee at (202) 418–0620 (voice)

or (202) 418–2555 (TTY), or at

mcontee@fcc.gov. The complete (but

unofficial) text is also available on the

Commission’s Internet site at >http://

www.fcc.gov/Bureaus/Wireless/Orders/

1999< under the file name

‘‘fcc99412.txt’’ in ASCII text and

‘‘fcc99412.wp’’ in WordPerfect format.

Summary of Report and Order

1. In the Notice of Proposed Rule

Making (Notice) (63 FR 49059,

September 14, 1998) in WT Docket No.

98–143, the Commission initiated the

instant proceeding to examine the

Amateur Radio Service rules in an effort

to streamline its licensing processes and

eliminate unnecessary and duplicative

rules.

2. By this action, the Commission

simplifies the Amateur Radio Service

operator license structure; streamlines

the number of examination elements;

and reduces the emphasis on telegraphy

that underlies the current license

structure to the greatest extent possible,

consistent with the international Radio

Regulations. Specifically, the

Commission amends the rules to reduce

the number of operator license classes

from six to three, reduce the number of

telegraphy examination elements from

three to one, reduce the number of

written examination elements from five

to three, authorize Advanced Class

amateur radio operators to prepare and

administer examinations for the General

Class amateur radio operator license,

and eliminate Radio Amateur Civil

Emergency Service (RACES) station

licenses.

3. The Regulatory Flexibility Act

(RFA) requires that an agency prepare a

regulatory flexibility analysis for noticeand-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.’’ 5

U.S.C. 605(b). In the Notice, the

Commission certified that the proposed

rule amendments, if promulgated,

would not have a significant economic

impact on a substantial number of small

business entities, as defined in Section

601(3) of the RFA because the rule

amendments do not apply to small

business entities. Rather, the rules apply

to individuals who are interested in

radio technique solely with a personal

aim and without pecuniary interest. No

comments were received concerning

this certification. The Commission now

affirms this certification with respect to

the rules adopted in this Report and

Order. Accordingly, the Commission

certifies, pursuant to Section 605(b) of

the RFA, that the rules adopted herein

will not have a significant economic

impact on a substantial number of small

entities, as defined in the RFA.

List of Subjects in 47 CFR Part 97

Amateur radio, Examinations, Radio,

Volunteer examiners.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 97 as

follows:

PART 97—AMATEUR RADIO SERVICE

1. 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.

2. Section 97.9 is amended by revising

paragraph (b) to read as follows:

§ 97.9 Operator license.

(a) * * *

(b) The person named in an operator

license grant of Novice, Technician,

Technician Plus, General or Advanced

Class, who has properly submitted to

the administering VEs a FCC Form 605

document requesting examination for an

operator license grant of a higher class,

and who holds a CSCE indicating that

the person has completed the necessary

examinations within the previous 365

days, is authorized to exercise the rights

and privileges of the higher operator

class until final disposition of the

application or until 365 days following

the passing of the examination,

whichever comes first.

3. Section 97.13 is amended by

revising paragraphs (b) and (c)(2) to read

as follows:

§ 97.13 Restrictions on station location.

* * * * *

(b) A station within 1600 m (1 mile)

of an FCC monitoring facility must

protect that facility from harmful

interference. Failure to do so could

result in imposition of operating

restrictions upon the amateur station by

a District Director pursuant to § 97.121

of this part. Geographical coordinates of

the facilities that require protection are

listed in § 0.121(c) of this chapter.

(c) * * *

(2) If the routine environmental

evaluation indicates that the RF

electromagnetic fields could exceed the

limits contained in § 1.1310 of this

chapter in accessible areas, the licensee

must take action to prevent human

exposure to such RF electromagnetic

fields. Further information on

evaluating compliance with these limits

can be found in the FCC’s OET Bulletin

Number 65, ‘‘Evaluating Compliance

with FCC Guidelines for Human

Exposure to Radiofrequency

Electromagnetic Fields.’’

4. Section 97.17 is amended by

revising paragraph (a) to read as follows:

§ 97.17 Application for new license grant.

(a) Any qualified person is eligible to

apply for a new operator/primary

station, club station or military

recreation station license grant. No new

license grant will be issued for a Novice,

Technician Plus, or Advanced Class

operator/primary station or a RACES

station.

* * * * *

6550 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

5. Section 97.21 is amended by

revising paragraph (a)(3) introductory

text and (a)(3)(iii) to read as follows:

§ 97.21 Application for a modified or

renewed license.

(a) * * *

(3) May apply to the FCC for renewal

of the license grant for another term in

accordance with § 1.913 of this chapter.

Application for renewal of a Technician

Plus Class operator/primary station

license will be processed as an

application for renewal of a Technician

Class operator/primary station license.

* * * * *

(iii) For a club station or military

recreation station license grant showing

a call sign obtained through the

sequential call sign system, and for a

club or military recreation station

license grant showing a call sign

obtained through the vanity call sign

system but whose grantee does not want

to have the vanity call sign reassigned

to the station, the application must be

presented in document form to a Club

Station Call Sign Administrator who

must submit the information thereon to

the FCC in an electronic batch file. The

Club Station Call Sign Administrator

must retain the collected information for

at least 15 months and make it available

to the FCC upon request. RACES station

license grants will not be renewed.

* * * * *

6. Section 97.301 is amended by

removing paragraph (f) and revising

paragraph (e) to read as follows. The

frequency tables in 97.301 (a), (b), (c),

and (d) remain unchanged.

§ 97.301 Authorized frequency bands.

* * * * *

(e) For a station having a control

operator who has been granted an

operator license of Novice Class or

Technician Class and who has received

credit for proficiency in telegraphy in

accordance with the international

requirements.

Wavelength band ITU region 1 ITU region 2 ITU region 3

Sharing

requirements

(see § 97.303

paragraph)

HF MHz MHz MHz

80 m ....................................... 3.675–3.725 ........................... 3.675–3.725 ........................... 3.675–3.725 ........................... (a)

40 m ....................................... 7.050–7.075 ........................... 7.10–7.15 ............................... 7.050–7.075 ........................... (a)

15 m ....................................... 21.10–21.20 ........................... 21.10–21.20 ........................... 21.10–21.20 ...........................

10 m ....................................... 28.10–28.50 ........................... 28.10–28.50 ........................... 28.10–28.50 ...........................

VHF MHz MHz MHz

1.25 m .................................... ........................................... 222–225 ................................. ........................................... (a)

UHF MHz MHz MHz

23 cm ..................................... 1270–1295 ............................. 1270–1295 ............................. 1270–1295 ............................. (h)(i)

7. Section 97.307 is amended by

revising paragraph (f) (10) to read as

follows:

§ 97.307 Emission standards.

* * * * *

(f) * * *

(10) A station having a control

operator holding a Novice Class

operator license or a Technician Class

operator license and who has received

credit for proficiency in telegraphy in

accordance with the international

requirements may only transmit a CW

emission using the international Morse

code or phone emissions J3E and R3E.

* * * * *

8. Section 97.313 is amended by

revising paragraphs (c)(2) and (f) to read

as follows:

§ 97.313 Transmitter power standards.

* * * * *

(c) * * *

(2) The 28.1–28.5 MHz segment 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

* * * * *

(f) No station may transmit with a

transmitter power exceeding 50 W PEP

on the UHF 70 cm band from an area

specified in footnote US7 to § 2.106 of

Part 2, unless expressly authorized by

the FCC after mutual agreement, on a

case-by-case basis, between the District

Director of the applicable field facility

and the military area frequency

coordinator at the applicable military

base. An Earth station or telecommand

station, however, may transmit on the

435–438 MHz segment with a maximum

of 611 W effective radiated power (1 kW

equivalent isotropically radiated power)

without the authorization otherwise

required. The transmitting antenna

elevation angle between the lower halfpower (¥3 dB relative to the peak or

antenna bore sight) point and the

horizon must always be greater than

10o.

* * * * *

9. Section 97.407 is amended by

revising paragraph (b) introductory text

to read as follows:

§ 97.407 Radio Amateur Civil Emergency

Service (RACES).

* * * * *

(b) The frequency bands and segments

and emissions authorized to the control

operator are available to stations

transmitting communications in RACES

on a shared basis with the amateur

service. In the event of an emergency

which necessitates 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 following frequency

segments:

* * * * *

10. Section 97.501 is revised to read

as follows:

§ 97.501 Qualifying for an amateur

operator license.

Each applicant must pass an

examination for a new amateur operator

license grant and for each change in

operator class. Each applicant for the

class of operator license grant specified

below must pass, or otherwise receive

examination credit for, the following

examination elements:

(a) Amateur Extra Class operator:

Elements 1, 2, 3, and 4;

(b) General Class operator: Elements

1, 2, and 3;

(c) Technician Class operator:

Element 2.

11. Section 97.503 is amended by

removing paragraph (c) and revising

paragraphs (a) and (b) to read as follows:

§ 97.503 Element standards.

(a) A telegraphy examination must be

sufficient to prove that the examinee has

the ability to send correctly by hand and

Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6551

to receive correctly by ear texts in the

international Morse code at not less

than the prescribed speed, using all the

letters of the alphabet, numerals 0–9,

period, comma, question mark, slant

mark, and prosigns AR, BT, and SK.

Element 1: 5 words per minute

(b) A written examination must be

such as to prove that the examinee

possesses the operational and technical

qualifications required to perform

properly the duties of an amateur

service licensee. Each written

examination must be comprised of a

question set as follows:

(1) Element 2: 35 questions

concerning the privileges of a

Technician Class operator license. The

minimum passing score is 26 questions

answered correctly.

(2) Element 3: 35 questions

concerning the privileges of a General

Class operator license. The minimum

passing score is 26 questions answered

correctly.

(3) Element 4: 50 questions

concerning the privileges of an Amateur

Extra Class operator license. The

minimum passing score is 37 questions

answered correctly.

12. Section 97.505 is amended by

revising paragraph (a) to read as follows:

§ 97.505 Element credit.

(a) The administering VEs must give

credit as specified below to an examinee

holding any of the following license

grants or license documents:

(1) An unexpired (or expired but

within the grace period for renewal)

FCC-granted Advanced Class operator

license grant: Elements 1, 2, and 3.

(2) An unexpired (or expired but

within the grace period for renewal)

FCC-granted General Class operator

license grant: Elements 1, 2, and 3.

(3) An unexpired (or expired but

within the grace period for renewal)

FCC-granted Technician Plus Class

operator (including a Technician Class

operator license granted before February

14, 1991) license grant: Elements 1 and

2.

(4) An unexpired (or expired but

within the grace period for renewal)

FCC-granted Technician Class operator

license grant: Element 2.

(5) An expired or unexpired FCCgranted Novice Class operator license

grant: Element 1.

(6) A CSCE: Each element the CSCE

indicates the examinee passed within

the previous 365 days.

(7) An unexpired (or expired less than

5 years) FCC-issued commercial

radiotelegraph operator license or

permit: Element 1.

(8) An expired FCC-issued Technician

Class operator license document granted

before March 21, 1987: Element 3.

(9) An expired or unexpired FCCissued Technician Class operator license

document granted before February 14,

1991: Element 1.

* * * * *

13. Section 97.507 is amended by

revising paragraph (a) to read as follows:

§ 97.507 Preparing an examination.

(a) Each telegraphy message and each

written question set administered to an

examinee must be prepared by a VE

holding an Amateur Extra Class operator

license. A telegraphy message or written

question set may also be prepared for

the following elements by a VE holding

an operator license of the class

indicated:

(1) Element 3: Advanced Class

operator.

(2) Elements 1 and 2: Advanced,

General, or Technician (including

Technician Plus) Class operators.

* * * * *

14. Section 97.509 amended by

revising paragraphs (a) and (b)(3) 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. Before the session, the

administering VEs or the VE session

manager must ensure that a public

announcement is made giving the

location and time of the session. The

number of examinees at the session may

be limited.

(b) * * *

(3) Be a person who holds an amateur

operator license of the class specified

below:

(i) Amateur Extra, Advanced or

General Class in order to administer a

Technician Class operator license

examination;

(ii) Amateur Extra or Advanced Class

in order to administer a General Class

operator license examination;

(iii) Amateur Extra Class in order to

administer an Amateur Extra Class

operator license examination.

* * * * *

[FR Doc. 00–2983 Filed 2–9–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 225

[DFARS Case 99–D027]

Defense Federal Acquisition

Regulation Supplement; Delegation of

Class Deviation Authority

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

SUMMARY: The Acting Director of

Defense Procurement has issued a final

rule amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to authorize the senior

procurement executives for the Army,

Navy, and Air Force, and the Directors

of the Defense Commissary Agency and

the Defense Logistics Agency, to

approve certain class deviations from

the Federal Acquisition Regulation

(FAR) and the DFARS.

EFFECTIVE DATE: February 10, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Kathleen Fenk, Defense Acquisition

Regulations Council,

PDUSD(AT&L)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0296;

telefax (703) 602–0350. Please cite

DFARS Case 99–D027.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS Parts

201 and 225 to authorize the senior

procurement executives for the Army,

Navy, and Air Force, and the Directors

of the Defense Commissary Agency and

the Defense Logistics Agency, to

approve certain class deviations from

the FAR and the DFARS. The rule also

contains amendments to reflect the title

change of the ‘‘Under Secretary of

Defense for Acquisition and

Technology’’ to the ‘‘Under Secretary of

Defense for Acquisition, Technology,

and Logistics.’’

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

B. Regulatory Flexibility Act

This final rule does not constitute a

significant revision within the meaning

of FAR 1.501 and Public Law 98–577

and publication for public comment is

not required. However, DoD will

consider comments from small entities

concerning the affected DFARS subparts

in accordance with 5 U.S.C. 610. Such

comment should cite DFARS Case 99–

D027.