[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Rules and Regulations]
[Pages 6548-6551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2983]


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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.

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SUMMARY:  This document revises the Amateur Radio Service rules to 
simplify the Amateur Radio Service operator license structure; 
streamlines the

[[Page 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 [email protected]. 
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 notice-and-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:


Sec. 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:


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.
    (c) * * *
    (2) If the routine environmental evaluation indicates that the RF 
electromagnetic fields could exceed the limits contained in Sec. 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:


Sec. 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.
* * * * *

[[Page 6550]]


    5. Section 97.21 is amended by revising paragraph (a)(3) 
introductory text and (a)(3)(iii) to read as follows:


Sec. 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 Sec. 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.


Sec. 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.

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                                                                                                     Sharing
                                                                                                   requirements
       Wavelength band             ITU region 1          ITU region 2          ITU region 3         (see Sec.
                                                                                                      97.303
                                                                                                    paragraph)
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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:


Sec. 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:


Sec. 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 
Sec. 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 half-power (-3 dB relative to the peak or antenna bore sight) 
point and the horizon must always be greater than 10\o\.
* * * * *

    9. 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:
* * * * *

    10. Section 97.501 is revised to read as follows:


Sec. 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:


Sec. 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

[[Page 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:


Sec. 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 FCC-granted 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 FCC-issued 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:


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) 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:


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 Amateur Extra 
Class operator license examination.
* * * * *
[FR Doc. 00-2983 Filed 2-9-00; 8:45 am]
BILLING CODE 6712-01-P