[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Rules and Regulations]
[Pages 55485-55486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27044]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97

[DA 95-2106]


Use of CLOVER, G-TOR, and PacTOR Digital Codes

AGENCY: Federal Communications Commission.

ACTION: Final rule; interpretation.

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SUMMARY: On October 2, 1995, the Chief, Wireless Telecommunications 
Bureau adopted an Order that clarified that amateur stations may use 
any digital code that has its technical characteristics publicly 
documented. The amendments were necessary because some amateur 
operators have expressed concern about the propriety of using the 
CLOVER, G-TOR, and PacTOR codes on the High Frequency amateur service 
bands.

EFFECTIVE DATE: November 1, 1995.

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

SUPPLEMENTARY INFORMATION:

Order

Adopted: October 2, 1995
Released: October 11, 1995

    By the Chief, Wireless Telecommunications Bureau:
    1. This Order amends Section 97.309(a) of the Commission's Rules, 
47 CFR 97.309(a), to clarify that amateur stations may use any digital 
code that has its technical characteristics publicly documented. This 
action was initiated by a letter from the American Radio Relay League, 
Inc. (ARRL).
    2. The ARRL states that some amateur operators have expressed 
concern about the propriety of using the CLOVER, G-TOR, and PacTOR 
codes on the High Frequency (HF) amateur service bands. [CLOVER, G-TOR, 
and PacTOR are different techniques currently used by many amateur 
operators to increase the efficiency of digital communications 
transmitted on the HF portion of the radio spectrum.] This is due to 
the fact that Section 97.309(a) appears to authorize only the Baudot, 
AMTOR, and ASCII codes on the HF bands. [On the Very High Frequency and 
shorter wavelength bands, the rules authorize the use of any 
unspecified digital code provided the emission does not exceed a 
specified bandwidth. See Sections 97.307(f) (5)-(7) of the Commission's 
Rules, 47 CFR Secs. 97.307(f) (5)-(7).] The ARRL states that it has 
worked with the developers of CLOVER, G-TOR, and PacTOR to document the 
technical characteristics of these codes. It requests, therefore, that 
we amend Section 97.309(a) of the Commission's Rules to specifically 
authorize CLOVER, G-TOR, and PacTOR to remove any doubt about the 
permissibility of their use.
    3. The primary purpose of CLOVER, G-TOR, and PacTOR is to 
facilitate communications using already-authorized digital codes, 
emission types, and frequency bands. The technical characteristics of 
CLOVER, G-TOR, and PacTOR have been documented publicly for use by 
amateur operators, and commercial products are readily available that 
facilitate the transmission and reception of communications 
incorporating these codes. [See Technical Descriptions CLOVER, G-TOR, 
PACTOR, published by the American Radio Relay League, Inc. (1995).] 
Including CLOVER, G-TOR, and PacTOR in the rules will not conflict with 
our objective of preventing the use of codes or ciphers intended to 
obscure the meaning of the communication. [The HF bands are widely used 
for international communications. Number 2732 Sec. 2.(1) of Article 32 
Section I of the International Telecommunications Union Radio 
Regulations requires that transmissions between amateur stations of 
different countries by made in plain language. Section 97.113(a)(4) of 
the Commission's Rules, 47 CFR Sec. 97.113(a)(4), therefore, prohibits 
amateur stations from transmitting messages in codes or ciphers 
intended to obscure the meaning thereof.] We agree, therefore, that it 
would be helpful to the amateur service community for the rules to 
specifically authorize amateur stations to transmit messages and data 
using these and similar digital codes. Accordingly, we are amending 
Section 97.309(a) to clarify the rules as requested by the ARRL.
    4. Because the rule amendment adopted herein is interpretative in 
nature, and clarifies the existing amateur service rules, the notice 
and comment provisions of Section 553(b) of the Administrative 
Procedure Act, 5 U.S.C. Sec. 553(b), do not apply, and it is not 
subject to the publication or service requirements of Section 553(d) of 
the Administrative Procedure Act, 5 U.S.C. Sec. 553(d).
    5. We certify that the Regulatory Flexibility Act of 1980 does not 
apply to the amended rule because there will not be any significant 
economic impact on a substantial number of small business entities, as 
defined by Section 601(3) of the Regulatory Flexibility Act. The 
amateur service may not be used to transmit communications for 
compensation, for the pecuniary benefit of the station control operator 
or the 

[[Page 55486]]
station control operator's employer, or for communications, on a 
regular basis, which could reasonably be furnished through other radio 
services. See 47 CFR Sec. 97.113. The Secretary shall send a copy of 
this Order, 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, 
94 Stat. 1164, 5 U.S.C. Secs. 601-612 (1981).
    6. Accordingly, IT IS ORDERED that effective upon publication in 
the Federal Register, Part 97 of the Commission's Rules, 47 CFR Part 
97, IS AMENDED as set forth below. This action is taken under the 
authority delegated to the Chief, Wireless Telecommunications Bureau, 
in section 0.331(a)(1) of the Commission's Rules, 47 CFR 
Sec. 0.331(a)(1).

List of Subjects in 47 CFR Part 97

    Radio.

Federal Communications Commission.
Regina M. Keeney,
Chief, Wireless Telecommunications Bureau.

Rule Changes

    Part 97 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended 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 97.309 is amended by adding paragraph (a)(4) to read as 
follows:


Sec. 97.309  RTTY and data emission codes.

    (a) * * *
    (4) An amateur station transmitting a RTTY or data emission using a 
digital code specified in this paragraph may use any technique whose 
technical characteristics have been documented publicly, such as 
CLOVER, G-TOR, or PacTOR, for the purpose of facilitating 
communications.
* * * * *
[FR Doc. 95-27044 Filed 10-31-95; 8:45 am]
BILLING CODE 6712-01-M