[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Proposed Rules]
[Pages 49059-49062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24115]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[WT Docket No. 98-143; FCC 98-183]


Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The proposed rule amendments would phase out the Novice Class 
operator license (current licensees grandfathered) and the Technician 
Plus operator license. In addition, the proposed amendments would 
authorize Advanced Class operators to prepare and administer 
examinations for the General Class operator license, and would sunset 
RACES station licenses by not issuing any license renewals. Comments 
are invited from the amateur community on improvement of amateur 
enforcement processes, on the specific telegraphy speeds requirement 
for the various license classes, and on ways to streamline and improve 
the operator written examinations.

DATES: Comments are due on or before December 1, 1998, and reply 
comments are due on or before January 15, 1999.

FOR FURTHER INFORMATION CONTACT: Maurice J. DePont, Federal 
Communications Commission, Washington, D.C. 20554, (202) 418-0690.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making (NPRM), adopted July 29, 1998, and released 
August 10, 1998. The complete text of this Commission action, including 
the proposed rules, is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 230) 1919 M 
Street, N.W., Washington, D.C. The complete text of this Notice of 
Proposed Rule Making may also be ordered from the Commission's copy 
contractor, International Transcription Services, Inc., 1231 20th 
Street, N.W., Washington, D.C. 20036, Telephone (202) 857-3800.

Summary of Notice of Proposed Rule Making

    1. The proposed rule amendments would reduce the number of amateur 
operator license classes from six to four by phasing out the Novice 
Class and Technician Class operator licenses. Current Novice Class 
licensees would be grandfathered. The four remaining classes would be 
the Amateur Extra, Advanced, General and Technician. Pursuant to the 
proposal, Advanced Class operators could prepare and administer 
examinations for a General Class license.
    2. The proposed rule amendments also would eliminate Radio Amateur 
Civil Emergency Service (RACES) licenses because the emergency 
communications that routinely are transmitted by RACES stations can be 
transmitted by primary, club or military recreation stations. It is 
proposed that current RACES licenses would not be renewed.
    3. Comments are sought on ideas for improving the amateur 
enforcement processes. One possibility, for example, would be to 
encourage or require persons bringing complaints of interference to the 
Commission to include a draft order to show cause to initiate a 
revocation or cease and desist hearing proceeding. In addition, 
comments are sought on how to better utilize the services of the 
Amateur Auxiliary, consistent with its statutory basis.
    4. Interested persons were also invited to submit comments about 
the current telegraphy speeds and to indicate whether the three levels 
of 5, 13, and 20 words per minute should be retained or reduced to two 
or one speed requirement. Comments were also invited concerning the 
written examinations and whether the current list of topics used in the 
written examinations adequately covers current technology and 
contemporary operating practices.
    5. Finally, various routine and repetitive petitions concerning 
licensing requirements, frequency privileges, or restructuring of the 
various amateur license classes were dismissed.
    6. In accordance with provisions of the Regulatory Flexibility Act, 
the Commission certifies that the amended rules will not have a 
significant economic impact on a substantial number of small entities 
because the amateur stations that are the subject of this proceeding 
are not authorized to transmit communications for a pecuniary interest.
    7. Comments may be filed using the Commission's Electronic Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 1998). 
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, only 
one copy of an electronic submission must be filed. If multiple docket 
or rulemaking numbers appear in the caption of this proceeding, 
however, commenters must transmit one electronic copy of the comments 
to each docket or rulemaking number referenced in the caption. 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 [email protected], and should include 
the following words in the body of the message, ``get form .'' A sample form and directions will be sent in reply.
    8. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number. All filings must be sent to the Commission's Secretary, Magalie 
Roman Salas, Office of the Secretary, Federal Communications 
Commission, 1919 M St., N.W., Room 222, Washington, D.C. 20554.
    9. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: MJDePont, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, Room 8332, 2025 M Street, N.W., Washington, 
D.C. 20554. Such a submission should be on a 3.5 inch diskette 
formatted in an IBM compatible format using WordPerfect 5.1 for Windows 
or compatible software. The diskette should be accompanied by a cover 
letter and should be submitted in ``read only'' mode. The diskette 
should be clearly labelled with the commenter's name, proceeding 
(including the lead docket number in this case, WT Docket No. 98-143), 
type of pleading (comment or reply comment), date of submission, and 
the name of the electronic file on the diskette. The label should also 
include the following phrase ``Disk Copy--Not an Original.'' Each 
diskette should contain only one party's pleadings, preferably in a 
single electronic file. In addition, commenters must send diskette 
copies to the

[[Page 49060]]

Commission's copy contractor, International Transcription Services, 
Inc., 1231 20th Street, N.W., Washington, D.C. 20037.
    10. Alternative formats (computer diskette, large print, audio 
cassette and Braille) are available to persons with disabilities by 
contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at 
[email protected]. This NPRM can also be downloaded at: http://
www.fcc.gov/dtf/.
    11. Authority for this action is contained in sections 4 (i) and 
(j), 303(r) and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 154 (i) and (j), 303(r) and 403.
    12. A copy of the Regulatory Flexibility Act certification will be 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 97

    Amateur radio, Examinations, Radio, Volunteer examiners.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 97 of Chapter I of Title 47 of the Code of Federal Regulations 
is proposed to be 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. Secs. 154, 
303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 
47 U.S.C. Secs. 151-155, 301-609, unless otherwise noted.

    2. Section 97.9 is revised to read as follows:


Sec. 97.9  Operator license.

    (a) The classes of amateur operator licenses are: Novice, 
Technician, General, Advanced and Amateur Extra. A person who has been 
granted an operator license is authorized to be the control operator of 
an amateur station with the privileges of the operator class specified 
on the license.
    (b) A person who has been granted an operator license of Novice, 
Technician, General or Advanced Class and who has properly submitted to 
the administering VEs an application document, FCC Form 610, for an 
operator license 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 paragraph (b) to read as 
follows:


Sec. 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 Sec. 97.121 of this part. 
Geographical coordinates of the facilities that require protection are 
listed in Sec. 0.121(c) of this chapter.
* * * * *
    4. Section 97.17 is amended by revising paragraph (b)(1), 
redesignating paragraphs (c), (d), (e), (f) and (g) as paragraphs (d), 
(e), (f), (g), and (h), adding new paragraph (c) and revising newly 
redesignated paragraph (e) (4) to read as follows:


Sec. 97.17  Application for new license or reciprocal permit for alien 
amateur licensee.

* * * * *
    (b) * * *
    (1) FCC Form 610 for a new Technician, General, Advanced or Amateur 
Extra Class operator/primary station license;
* * * * *
    (c) No application for a new Novice or Technician Plus Class 
operator/primary station license will be accepted for filing.
* * * * *
    (e) * * *
    (4) No person who has been granted by the FCC an amateur operator/
primary station license is eligible for a reciprocal permit for alien 
amateur licensee.
* * * * *
    5. Section 97.21 is amended by revising paragraph (a)(3) and 
paragraph (b) to read as follows:


Sec. 97.21  Application for a modified or renewed license.

    (a) * * *
    (3) May apply for renewal of the license for a new term. 
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.
    (i) When the license does not show a call sign selected by the 
vanity call sign system, the application must be made on FCC Form 610. 
For a club or military recreation station license, the application must 
be made on FCC Form 610-B. The application must be submitted no more 
than 90 days prior to its expiration to: FCC, 1270 Fairfield Road, 
Gettysburg, PA 17325-7245. When the application for renewal of the 
license has been received by the FCC at 1270 Fairfield Road, 
Gettysburg, PA 17325-7245 on or before the license expiration date, the 
license operating authority is continued until the final disposition of 
the application. No application for renewal of a RACES station license 
will be granted.
    (ii) When the license shows a call sign selected by the vanity call 
sign system, the application must be filed as specified in Section 
97.19(b). When the application has been received at the proper address 
specified in the Wireless Telecommunications Bureau Fee Filing Guide on 
or before the license expiration date, the license operating authority 
is continued until final disposition of the application.
    (b) A person who had been granted an amateur primary, club or 
military recreation station license, but the license has expired, may 
apply for renewal of the license for another term during a 2 year 
filing grace period. The application document must be received by the 
FCC at 1270 Fairfield Road, Gettysburg, PA 17325-7245 prior to the end 
of the grace period. For an operator/primary station license, the 
application must be made on FCC Form 610. For a club or military 
recreation station license, the application must be made on FCC Form 
610-B. Unless and until the license is renewed, no privileges in this 
part are conferred.
* * * * *
    6. Section 97.301 is amended by revising the paragraph (a) 
introductory text, by revising paragraph (e) and removing paragraph (f) 
to read as follows:


Sec. 97.301  Authorized frequency bands.

* * * * *
    (a) For a station having a control operator who has been granted an 
operator license of Technician, General, Advanced or Amateur Extra 
Class:
* * * * *
    (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 (Element 1(A), 1(B) or 1(C)):

[[Page 49061]]



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                                                                                                   Sharing      
                                                                                               requirements See 
        Wavelength band             ITU region 1        ITU region 2        ITU region 3         Sec.  97.303   
                                                                                                 (paragraph)    
----------------------------------------------------------------------------------------------------------------
               HF                                            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 97.313 is amended by revising paragraph (f) to read as 
follows:


Sec. 97.313  Transmitter power standards.

* * * * *
    (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 
Sec. 2.106 of this Part, 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 half-power (-3 dB relative to the peak or antenna bore sight) 
point and the horizon must always be greater than 10 deg..
* * * * *
    8. Section 97.407 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec. 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:
* * * * *
    9. Section 97.501 is revised to read as follows:


Sec. 97.501  Qualifying for an amateur operator license.

    An 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(C), 3(A), 3(B), 4(A) 
and 4(B);
    (b) Advanced Class operator: Elements 1(B) or 1(C), 3(A), 3(B) and 
4(A).
    (c) General Class operator: Elements 1(B) or 1(C), 3(A) and 3(B);
    (d) Technician Class operator: Element 3(A).
    10. Section 97.503 is amended by removing paragraphs (b)(1) and 
(b)(2); redesignating paragraphs (b)(3), (b)(4), and (b)(5) as (b)(2), 
(b)(3) and (b)(4); adding a new paragraph(b)(1); and revising paragraph 
(c) to read as follows:


Sec. 97.503  Element standards.

* * * * *
    (b) * * *
    (1) Element 3(A): 65 questions concerning the privileges of a 
Technician Class operator license. The minimum passing score is 48 
questions answered correctly.
    (2) Element 3(B): 30 questions concerning the privileges of a 
General Class operator license. The minimum passing score is 22 
questions answered correctly.
    (3) Element 4(A): 50 questions concerning the privileges of an 
Advanced Class operator license. The minimum passing score is 37 
questions answered correctly.
    (4) Element 4(B): 40 questions concerning the privileges of an 
Amateur Extra Class operator license. The minimum passing score is 30 
questions answered correctly.
    (c) The topics and number of questions that should be included in 
each written examination question set are listed below:

----------------------------------------------------------------------------------------------------------------
                                                                                    Element                     
                           Topics                            ---------------------------------------------------
                                                                  3(A)         3(B)         4(A)         4(B)   
----------------------------------------------------------------------------------------------------------------
(1) FCC rules for the amateur radio services................           15            4            6            8
(2) Amateur station operating procedures....................            5            3            1            4
(3) Radio wave propagation characteristics of amateur                                                           
 service frequency bands....................................            4            3            2            2
(4) Amateur radio practices.................................            8            5            4            4
(5) Electrical principles as applied to amateur station                                                         
 equipment..................................................            6            2           10            6
(6) Amateur station equipment circuit components............            4            1            6            4
(7) Practical circuits employed in amateur station equipment            3            1           10            4
(8) Signals and emissions transmitted by amateur stations...            4            2            6            4
(9) Amateur station antennas and feed lines.................            6            4            5            4
(10) Radiofrequency environmental safety practices at an                                                        
 amateur station............................................           10            5            0            0
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[[Page 49062]]

    11. Section 97.505 is amended by revising paragraphs (a) 
introductory text, (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(8) and 
(a)(9) to read as follows:


Sec. 97.505  Element credit.

    (a) The administering VEs must give credit as specified below to an 
examinee holding any of the following licenses and documents:
    (1) An unexpired (or expired but within the grace period for 
renewal) Advanced Class operator license: Elements 1(B), 3(A), 3(B) and 
4(A).
    (2) An unexpired (or expired but within the grace period for 
renewal) General Class operator license: Elements 1(B), 3(A) and 3(B).
    (3) An unexpired (or expired but within the grace period for 
renewal) Technician Plus Class operator license (including a Technician 
Class operator license granted before February 14, 1991): Elements 1(A) 
and 3(A).
    (4) An unexpired (or expired but within the grace period for 
renewal) Technician Class operator license: Element 3(A).
    (5) An unexpired (or expired but within the grace period for 
renewal) Novice Class operator license: Element 1(A).
* * * * *
    (8) An expired FCC-issued Technician Class operator license 
document (or proof of having held the document) granted before March 
21, 1987: Element 3(B).
    (9) An expired, or unexpired, FCC-issued Technician Class operator 
license document (or proof of having held the document) granted before 
February 14, 1991: Element 1(A).
* * * * *
    12. Section 97.507 is amended by revising paragraph (a) 
introductory text (a)(1), and (a)(2) to read as follows:


Sec. 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) Elements 1(B) and 3(B): Advanced Class operator.
    (2) Elements 1(A) and 3(A): Advanced or General Class operator.
* * * * *
    13. Section 97.509 is amended by revising paragraphs (a) and (b)(3) 
to read as follows:


Sec. 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 Advanced or 
Amateur Extra Class operator license examination.
* * * * *
[FR Doc. 98-24115 Filed 9-11-98; 8:45 am]
BILLING CODE 6712-01-P