[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24996-24997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10203]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 97

[WT Docket No. 04-140; FCC 04-79]


Amendment of Part 97 of the Commission's Rules Governing the 
Amateur Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document makes minor amendments to various rule sections 
to clarify or eliminate duplicative language, or conform them with 
other rule sections. 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, streamline our licensing processes, and 
promote efficient use of spectrum allocated to the Amateur Radio 
Service.

DATES: Effective June 4, 2004.

FOR FURTHER INFORMATION CONTACT: William T. Cross, 
[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY 
(202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
WT Docket No. 04-140, FCC 04-79, adopted March 31, 2004, and released 
April 15, 2004. The full text of this document is available for 
inspection and copying during normal business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. This document may also be purchased from 
the Commission's duplicating contractor, Qualex International, Portals 
II, 445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone 
(202) 863-2893, facsimile (202) 863-2898, or via e-mail 
[email protected]. The full text may also be downloaded at http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426, or TTY (202) 
418-7365, or at [email protected].
    1. In the Notice of Proposed Rulemaking and Order (NPRM) the 
Commission proposed to revise operating privileges for amateur radio 
service licensees as well as to eliminate obsolete and duplicative 
rules in the Amateur Radio Service. Additionally, on its own motion, 
the Commission adopted changes to its part 0 and 97 rules to clarify or 
eliminate duplicative language, or conform them with other rule 
sections.

I. Regulatory Matters

A. Paperwork Reduction Act

    2. The Order does not contain any new or modified information 
collection.
    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 NPRM 
and Order,

[[Page 24997]]

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, these rules apply to individuals who are 
interested in radio technique solely with a personal aim and without 
pecuniary interest.

II. Ordering Clauses

    4. Parts 0 and 97 of the Commission's rules is amended as specified 
in rule changes effective June 1, 2004.
    5. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Order, 
including the Initial Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 0

    Radio.

47 CFR Part 97

    Radio, Volunteers.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 0 and 97 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. Section 0.131 is amended by revising paragraph (n) to read as 
follows:


Sec.  0.131  Functions of the Bureau.

* * * * *
    (n) Administers the Commission's amateur radio programs (part 97 of 
this chapter) and the issuing of maritime mobile service identities 
(MMSIs).
* * * * *

PART 97--AMATEUR RADIO SERVICE

0
3. 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.


0
4. Section 97.3 is amended by revising paragraph (a)(1) and by removing 
and reserving paragraph (a)(17) to read as follows:


Sec.  97.3  Definitions.

    (a) * * *
    (1) Amateur operator. A person named in an amateur operator/primary 
license station grant on the ULS consolidated licensee database to be 
the control operator of an amateur station.
* * * * *

0
5. Section 97.109 is amended by revising paragraph (d) and removing 
paragraph (e) to read as follows:


Sec.  97.109  Station control.

* * * * *
    (d) When a station is being automatically controlled, the control 
operator need not be at the control point. Only stations specifically 
designated elsewhere in this part may be automatically controlled. 
Automatic control must cease upon notification by a District Director 
that the station is transmitting improperly or causing harmful 
interference to other stations. Automatic control must not be resumed 
without prior approval of the District Director.
* * * * *


Sec.  97.203(h)  [Redesignated]

0
6. Section 97.203(h) is redesignated as Section 97.205(h).
0
7. Section 97.307 is amended by revising paragraph (d) to read as 
follows:


Sec.  97.307  Emission standards.

* * * * *
    (d) For transmitters installed after January 1, 2003, the mean 
power of any spurious emission from a station transmitter or external 
RF power amplifier transmitting on a frequency below 30 MHz must be at 
least 43 dB below the mean power of the fundamental emission. For 
transmitters installed on or before January 1, 2003, the mean power of 
any spurious emission from a station transmitter or external RF power 
amplifier transmitting on a frequency below 30 MHz must not exceed 50 
mW and must be at least 40 dB below the mean power of the fundamental 
emission. For a transmitter of mean power less than 5 W installed on or 
before January 1, 2003, the attenuation must be at least 30 dB. A 
transmitter built before April 15, 1977, or first marketed before 
January 1, 1978, is exempt from this requirement.
* * * * *

0
8. Section 97.505 is amended by revising paragraph (a)(9) to read as 
follows:


Sec.  97.505  Element credit.

    (a) * * *
    (9) An expired FCC-issued Technician Class operator license 
document granted before February 14, 1991: Element 1.
* * * * *

0
9. Section 97.507 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  97.507  Preparing an examination.

    (a) * * *
    (2) Elements 1 and 2: Advanced or General Class operators.
* * * * *
[FR Doc. 04-10203 Filed 5-4-04; 8:45 am]
BILLING CODE 6712-01-P