[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Proposed Rules]
[Pages 12982-12983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6897]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[WT Docket No. 97-12; FCC 97-10]


Providing for Greater Use of Spread Spectrum Communication 
Technologies in the Amateur Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Notice of Proposed Rulemaking (NPRM), released March 3, 
1997, seeks comment on proposed rules to allow amateur stations to 
transmit spread spectrum type emission technologies that employ 
additional spreading sequences. It also seeks comment on a proposal 
that each SS transmitter be required to automatically limit its power 
to that actually necessary to carry out the communications when the 
transmitter power exceeds 1 watt. This action is in response to a 
petition for rule making from the American Radio Relay League, Inc. The 
intent of the NPRM is to compile a record in sufficient detail for us 
to determine whether we should authorize amateur stations to use 
additional spread spectrum type emission technologies and whether such 
use would facilitate the ability of the amateur service to contribute 
to the development of SS communications.

DATES: Comments are due on or before May 5, 1997, and reply comments 
are due on or before June 5, 1997.

ADDRESSES: Comments and reply comments should be sent to Office of the 
Secretary, Federal Communication Commission, 1919 M Street, NW, Room 
222, Washington, DC 20554. Parties should also file one copy of any 
document filed in this docket with the Commission's copy contractor, 
ITS Inc., 2100 M Street NW, Washington, DC 20037.

FOR FURTHER INFORMATION CONTACT: William T. Cross of the Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM 
in WT Docket No. 97-12, FCC 97-10, adopted January 9, 1997, and 
released March 3, 1997. The proposed rules are at the end of this 
document. The full text of this NPRM is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
239, 1919 M Street, NW, Washington, DC. The complete text also may be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 2100 M Street, Suite 140, Washington, D.C. 
20037, telephone (202) 857-3800.

I. Regulatory Flexibility Certification

    The Commission's Initial Regulatory Flexibility Analysis is 
included below:
    I. Need for and Objectives of the Proposed Rule: The need for and 
objective of this rule making proceeding is to eliminate technical 
restrictions that amateur radio operators claim hamper their 
flexibility to experiment with SS emission types.
    II. Legal Basis: Authority for this action can be found in sections 
4(i), and 303(a), (l)(1), and (r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), and 303(a), (l)(1), and (r).
    III. Description and Estimate of the Number of Small Entities To 
Which Rule Will Apply: None. The rules in part 97 of the Commission's 
rules, 47 CFR part 97, apply to individuals who are qualified to be 
licensees and/or control operators of amateur radio stations. Small 
businesses are not eligible to be licensees in the amateur service, and 
amateur radio operators are prohibited from transmitting communications 
for compensation, for their pecuniary benefit, and on behalf of their 
employers. See 47 CFR 97.113.
    IV. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements: None. This

[[Page 12983]]

rule making proceeding does not impose any new or additional 
recordkeeping, reporting or compliance requirement on amateur service 
licensees.
    V. Significant Alternatives To Proposed Rule Which Minimize 
Significant Economic Impact on Small Entities and Accomplish Stated 
Objectives: None. This proceeding will affect only amateur stations 
that choose to transmit a spread spectrum emission using a spreading 
technique that is not permitted under the currently effective rules. 
Small businesses are not eligible to be licensees in the amateur 
service, and amateur radio operators are prohibited from transmitting 
communications for compensation, for their pecuniary benefit, and on 
behalf of their employers. See 47 CFR 97.113.
    VI. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule: None.

II. Initial Paperwork Reduction Act of 1995 Analysis

    This NPRM does not contain either a proposed or modified 
information collection. As part of its continuing effort to reduce 
paperwork burdens, the Commission invites the general public and the 
OMB to take this opportunity to comment on this conclusion, as required 
by the Paperwork Reduction Act of 1995, Public Law 104-13. Public and 
agency comments are due at the same time as other comments on this 
NPRM, OMB comments are due 60 days after the date of publication of 
this summary in the Federal Register.

List of Subjects in 47 CFR Part 97

    Emission types, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

    Part 97 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 97--AMATEUR RADIO SERVICES

    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. In Sec. 97.3, paragraph (c)(8) is revised to read as follows:


Sec. 97.3  Definitions.

 * * * * *
    (c) * * *
    (8) SS. Spread-spectrum emissions using bandwidth-expansion 
modulation emissions having designators with A, C, D, F, G, H, J or R 
as the first symbol; X as the second symbol; X as the third symbol.
* * * *
    3. Section 97.305(b) is revised to read as follows:


Sec. 97.305  Authorized emission types.

* * * * *
    (b) A station may transmit a test emission on any frequency 
authorized to the control operator for brief periods for experimental 
purposes, except that no pulse or SS modulation emission may be 
transmitted on any frequency where pulse or SS emissions are not 
specifically authorized.
* * * * *
    4. Section 97.311 is amended by revising paragraphs (a), (b), and 
(g), and removing and reserving paragraphs (c) and (d) to read as 
follows:


Sec. 97.311  SS emission types.

    (a) SS emission transmissions by an amateur station are authorized 
only for communications between points within areas where the amateur 
service is regulated by the FCC and between an area where the amateur 
service is regulated by the FCC and an amateur station in another 
country that permits such communications. SS emission transmissions 
must not be used for the purpose of obscuring the meaning of any 
communication.
    (b) A station transmitting SS emissions must not cause harmful 
interference to stations employing other authorized emissions, and must 
accept all interference caused by stations employing other authorized 
emissions.
* * * * *
    (g) The transmitter power must not exceed 100 W under any 
circumstances. If more than 1 W is used, automatic transmitter control 
shall limit output power to that which is required for the 
communication. This shall be determined by the use of the ratio, 
measured at the receiver, of the received energy per user data bit (Eb) 
to the sum of the received power spectral densities of noise (N<INF>0) 
and co-channel interference (I<INF>0). Average transmitter power over 1 
W shall be automatically adjusted to maintain an Eb/ (N<INF>0+I<INF>0) 
ratio of no more than 23 dB at the intended receiver.

[FR Doc. 97-6897 Filed 3-18-97; 8:45 am]
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