[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Proposed Rules]
[Pages 51028-51034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18718]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 97

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


Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to revise operating privileges for 
amateur radio service licensees as well as to eliminate obsolete and 
duplicative rules in the Amateur Radio Service. We believe that these 
proposals will promote the development of the amateur radio service by 
providing licensees greater flexibility in the utilization of amateur 
service frequencies; eliminate unduly burdensome or duplicative 
requirements that may discourage individuals from becoming amateur 
radio service licensees; and promote efficient use of spectrum 
allocated to the Amateur Radio Service.

DATES: Submit comments on or before September 16, 2004, and reply 
comments are due on or before October 1, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: William T. Cross,

[[Page 51029]]

[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-0680, TTY (202) 
418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), 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, Best Copy 
and Printing, Inc., Portals II, 445 12th Street, Suite CY-B402, 
Washington, DC 20554. 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. The Commission initiated this proceeding to revise operating 
privileges for amateur radio service licensees as well as to eliminate 
obsolete and duplicative rules in the Amateur Radio Service. These 
proposals to amend the part 97 Amateur Radio Service rules were made in 
response to the filing of nineteen petitions for rulemaking and one 
informal request. The Commission found that because some of the 
petitions have presented sufficient evidence to warrant proposing rule 
changes, and in the interest of administrative efficiency, it 
consolidated these matters in the Order. Specifically, the Commission 
proposed to revise the operating privileges of amateur radio operators 
in four high frequency bands; permit auxiliary stations to transmit on 
the 2 m amateur service band; permit amateur stations to transmit 
spread spectrum communications on the 1.25 m band; permit amateur 
stations to re-transmit communications from the International Space 
Station; allow amateur service licensees to designate the amateur radio 
club to receive their call sign, in memoriam; prohibit an applicant 
from filing more than one application for a specific vanity call sign; 
eliminate unnecessary restrictions imposed on certain equipment 
manufacturers; allow amateur radio stations in or near Alaska more 
flexibility in providing emergency communications; and eliminate 
unnecessary rules in the amateur radio operator license examination 
system.

I. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

    2. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules.

B. Comment Dates

    3. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or 
before September 16, 2004, and reply comments on or before October 1, 
2004. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies.
    4. 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, one copy of an electronic submission must be filed. 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.
    5. Parties who chose to file by paper must file an original and 
four copies of each filing. The docket number appearing in the caption 
of this proceeding must appear in each comment or filing. All filings 
must be sent to the Commission's Secretary, Marlene H. Dortch, Office 
of the Secretary, Federal Communications Commission, 445 12th Street, 
SW., Room TW-A325, Washington, DC 20554.
    6. For further information, contact William T. Cross, Public Safety 
and Critical Infrastructure Division, Wireless Telecommunications 
Bureau, (202) 418-0680, or TTY (202) 418-7233.

C. Paperwork Reduction Act

    7. This NPRM does not contain either a proposed or modified 
information collection requirement.

II. Initial Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires an initial regulatory flexibility analysis to be prepared 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.'' The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A ``small business concern'' is one which is 
independently owned and operated, is not dominant in its field of 
operation, and satisfies any additional criteria established by the 
Small Business Administration (SBA).

A. Need for, and Objectives of, the Proposed Rules

    9. In the NPRM, we propose to amend the rules that apply to how an 
individual who has qualified for an amateur service operator license 
and is the control operator of an amateur radio station can use an 
amateur radio station to pursue the basis and purpose of the amateur 
service. The proposed rules apply exclusively to individuals who are 
licensees in the amateur radio service and to individuals who are 
control operators of amateur radio stations. Such amendments would be 
in the public interest because they would allow more flexibility in the 
way an amateur radio station can be used by a licensee, would allow the 
control operator of an amateur radio station additional flexibility in 
the operation of the station, and would take advantage of technological 
developments in equipment and communication techniques that have 
occurred since the Commission last considered operating privileges in 
the amateur radio service.

B. Legal Basis for Proposed Rules

    10. The proposed action is authorized under sections 4(i), 4(j), 
and 303(r), of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), and 303(r).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    11. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires an initial regulatory flexibility analysis to be prepared 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.'' The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small

[[Page 51030]]

organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A ``small business 
concern'' is one which: (i) Is independently owned and operated; (ii) 
is not dominant in its field of operation; and (iii) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    12. None.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    13. The rules proposed in the NPRM, potentially could affect 
manufactures of amateur radio equipment. Based on requests from 
manufactures for certification of amateur radio transmitters and 
receivers, we believe that there are between five and ten manufactures 
of amateur radio equipment and that none of these manufactures are 
small entities. The proposed rule changes, if adopted, would apply to 
the control operator of an amateur radio station and would not result 
in a mandatory change in manufactured amateur radio equipment. 
Therefore, we certify that the proposals in this NPRM, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities. The Commission will send a copy of the NPRM, including a copy 
of this Initial Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the SBA. This initial certification will also 
be published in the Federal Register.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    14. None.

III. Ordering Clauses

    15. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking and Order, including the Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

List of Subjects

47 CFR Parts 1 and 2

    Radio.

47 CFR Part 97

    Radio, Volunteers.

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

Proposed Rules

    For reasons discussed in the preamble, the Federal Communications 
Commission proposes to amend 47 CFR parts 1, 2, and 97 as follows:

PART 1--APPLICATION REQUIREMENTS AND PROCEDURES

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, 
and 325(e).

    2. Section 1.934 is amended by redesignating paragraphs (d)(3) and 
(d)(4), as (d)(4) and (d)(5), and adding a new paragraph (d)(3) to read 
as follows:


Sec.  1.934  Defective applications and dismissal.

* * * * *
    (d) * * *
    (3) It includes a list of amateur station vanity call signs in 
order of preference and requests, as the first preferred call sign, the 
same call sign requested on another application filed on the same day 
by the same applicant.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    3. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

    4. Section 2.106 is amended by revising United States footnote 
US267 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    US267 In the band 902-928 MHz, amateur radio stations shall 
transmit on the frequency segments 902.0-902.4, 902.6-904.3, 904.7-
925.3, 925.7-927.3, and 927.7-928.0 MHz within the states of Colorado 
and Wyoming, bounded by the area of latitude 39[deg] N. to 42[deg] N. 
and longitude 103[deg] W. to 108[deg] W.
* * * * *
    5. Section 2.815 is amended by revising paragraphs (b) and (c) and 
by removing paragraphs (d) and (e) to read as follows:


Sec.  2.815  External radio frequency power amplifiers.

* * * * *
    (b) After April 27, 1978, no person shall manufacture, sell or 
lease, offer for sale or lease (including advertising for sale or 
lease), or import, ship, or distribute for the purpose of selling or 
leasing or offering for sale or lease, any external radio frequency 
power amplifier unless the amplifier has been approved in accordance 
with subpart J of this part and other relevant parts of this chapter. 
This proscription shall not apply to the marketing to an amateur radio 
operator of an external radio frequency power amplifier provided the 
amplifier is for use at an amateur radio station and the requirements 
of Sec. Sec.  97.315 and 97.317 of this chapter are met.
    (c) No person shall manufacture, sell or lease, offer for sale or 
lease (including advertising for sale or lease) or import, ship or 
distribute for the purpose of selling or leasing or offering for sale 
or lease, any external radio frequency power amplifier unless the 
amplifier has received a grant of certification in accordance with 
subpart J of this part and other relevant parts of this chapter. No 
more than 10 external radio frequency power amplifiers may be 
constructed for evaluation purposes in preparation for the submission 
of an application for a grant of certification. This proscription shall 
not apply to the marketing to a licensed amateur radio operator of an 
external radio frequency power amplifier provided the amplifier is for 
use at an amateur radio station and the requirements of Sec. Sec.  
97.315 and 97.317 of this chapter are met.
    6. Section 2.1060 is amended by removing paragraph (c), 
redesignating paragraph (d) as paragraph (c) and revising newly 
designated paragraph (c) to read as follows:


Sec.  2.1060  Equipment for use in the amateur radio service.

* * * * *
    (c) Certification of external radio frequency power amplifiers may 
be denied when denial would prevent the use of these amplifiers in 
services other than the Amateur Radio Service.

PART 97--AMATEUR RADIO SERVICE

    7. 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.

    8. Section 97.3 is amended by removing and reserving paragraph 
(a)(19) and revising paragraph (c)(2) to read as follows:


Sec.  97.3  Definitions.

* * * * *
    (c) * * *
    (2) Data. Telemetry, telecommand and computer communications 
emissions

[[Page 51031]]

having designators with A, C, D, F, G, H, J or R as the first symbol; 1 
as the second symbol; D as the third symbol; emissions A1C and F2C 
having an occupied bandwidth of 500 Hz or less, and J2D. Only a digital 
code of a type specifically authorized in this part may be transmitted.
* * * * *
    9. Section 97.19 is amended by revising paragraphs (c)(3) and 
(d)(1) to read as follows:


Sec.  97.19  Application for a vanity call sign.

* * * * *
    (c) * * *
    (3) Except for an applicant who is the spouse, child, grandchild, 
stepchild, parent, grandparent, step-parent, brother, sister, 
stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and 
except for an applicant who is a club station license trustee acting 
with a statement of consent signed by the person ante mortem or the 
written consent of at least one relative, as listed above, of a person 
now deceased, the call sign shown on the license of a person now 
deceased is not available to the vanity call sign system for 2 years 
following the person's death, or for 2 years following the expiration 
of the license grant, whichever is sooner.
    (d) * * *
    (1) The applicant must request that the call sign shown on the 
license grant be vacated and provide a list of up to 25 call signs in 
order of preference. In the event that an applicant requests the same 
call sign as their first preferred call sign in more than one 
application on the same receipt day, only the first processable 
application received by the Commission will be considered.
* * * * *
    10. Section 97.111 is amended by redesignating paragraphs (a)(2) 
through (a)(4) as (a)(3) through (a)(5), respectively, and adding a new 
paragraph (a)(2) to read as follows:


Sec.  97.111  Authorized transmissions.

    (a) * * *
    (2) Transmissions necessary to meet essential communication needs 
and to facilitate relief actions.
* * * * *
    11. Section 97.113 is amended by revising paragraph (e) to read as 
follows:


Sec.  97.113  Prohibited transmissions.

* * * * *
    (e) No station shall retransmit programs or signals emanating from 
any type of radio station other than an amateur station, except 
propagation and weather forecast information intended for use by the 
general public and originated from United States Government stations, 
and communications, including incidental music, originating on United 
States Government frequencies between a manned spacecraft and its 
associated Earth stations. Prior approval for manned spacecraft 
communications retransmissions must be obtained from the National 
Aeronautics and Space Administration. Such retransmissions must be for 
the exclusive use of amateur radio operators. Propagation, weather 
forecasts, and manned spacecraft communications retransmissions may not 
be conducted on a regular basis, but only occasionally, as an incident 
of normal amateur radio communications.
* * * * *
    12. Section 97.115 is amended by revising paragraph (b)(2), 
redesignating paragraph (c) as paragraph (d), and adding a new 
paragraph (c), to read as follows:


Sec.  97.115  Third party communications.

* * * * *
    (b) * * *
    (2) The third party is not a prior amateur service licensee whose 
license was revoked or not renewed after hearing and re-licensing has 
not taken place; suspended for less than the balance of the license 
term and the suspension is still in effect; suspended for the balance 
of the license term and re-licensing has not taken place; or 
surrendered for cancellation following notice of revocation, suspension 
or monetary forfeiture proceedings. The third party may not be the 
subject of a cease and desist order which relates to amateur service 
operation and which is still in effect.
    (c) No station may transmit third party communications while being 
automatically controlled except a station transmitting a RTTY or data 
emission.
* * * * *
    13. Section 97.201 is amended by revising paragraph (b) to read as 
follows:


Sec.  97.201  Auxiliary station.

* * * * *
    (b) An auxiliary station may transmit only on the 2 m and shorter 
wavelength bands, except the 144.0-144.5 MHz, 145.8-146.0 MHz, 219-220 
MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments.
* * * * *
    14. Section 97.207 is amended by revising paragraphs (g) 
introductory text, (g)(1), and (g)(2), by adding (g)(3) and by removing 
paragraphs (h) and (i) to read as follows:


Sec.  97.207  Space station.

* * * * *
    (g) The license grantee of each space station must file the 
following notification with the International Bureau, FCC, Washington, 
DC 20554.
    (1) A pre-space notification within 30 days after launch vehicle 
determination, but no later than 90 days before integration of the 
space station into the launch vehicle. This notification shall include 
an electronic file containing the information required by Appendix 4 of 
the ITU Radio Regulations in the format consistent with ITU 
requirements. With that notification, the license grantee of the space 
station shall include a description of the design and operational 
strategies the space station will use to mitigate orbital debris, 
including a casualty risk assessment if planned post-mission disposal 
involves atmospheric re-entry of the spacecraft. The description must 
include an analysis demonstrating that debris generation will not 
result from the conversion of chemical, pressure, or kinetic energy 
sources on board the spacecraft into energy that fragments the 
spacecraft. This demonstration should address whether stored energy 
will be removed at the spacecraft's end-of-life, by depleting residual 
fuel and leaving all fuel line valves open, venting any pressurized 
system, leaving all batteries in a permanent discharge state, and 
removing any remaining source of stored energy, or through other 
equivalent procedures. If any material item described in the 
notification changes before launch, a replacement pre-space 
notification shall be filed with the International Bureau. The 
replacement notification shall be filed no later than 90 days before 
integration of the space station into the launch vehicle.
    (2) An in-space station notification no later than 7 days following 
initiation of space station transmissions. This notification must 
update the information contained in the pre-space notification.
    (3) A post-space station notification no later than 3 months after 
termination of the space station transmissions. When termination of 
transmissions is ordered by the FCC, the notification is required no 
later than 24 hours after termination of transmissions.
    15. Section 97.301 is amended by:
    a. Revising the second and third entries to the table following 
paragraph (b),
    b. Revising the second, third, ninth, and tenth entries to the 
table following paragraph (c),
    c. Revising the second, third, fourth, fifth, tenth, and eleventh 
entries to the table following paragraph (d), and by

[[Page 51032]]

    d. Revising the first, second, third, and fourth entries to the 
table following paragraph (e).
    The revisions read as follows:


Sec.  97.301  Authorized frequency bands.

    The following transmitting frequency bands are available to an 
amateur station located within 50 km of the Earth's surface, within the 
specified ITU Region, and outside any area where the amateur service is 
regulated by any authority other than the FCC.
* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Sharing  requirements
          Wavelength band             ITU--Region 1     ITU--Region 2     ITU--Region 3      see Sec.   97.303
                                                                                                (paragraph)
----------------------------------------------------------------------------------------------------------------
MF................................               kHz               kHz               kHz
 
                                                  * * * * * * *
HF................................               MHz               MHz               MHz
80 m..............................        3.50-3.725        3.50-3.725        3.50-3.725  (a).
75 m..............................        3.725-3.80        3.725-4.00        3.725-3.90  (a).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Sharing  requirements
          Wavelength band             ITU--Region 1     ITU--Region 2     ITU--Region 3      see Sec.   97.303
                                                                                                (paragraph)
----------------------------------------------------------------------------------------------------------------
MF................................               kHz               kHz               kHz
 
                                                  * * * * * * *
HF................................               MHz               MHz               MHz
80 m..............................       3.525-3.725       3.525-3.725       3.525-3.725  (a).
75 m..............................       3.750-3.800       3.750-4.000       3.750-3.900  (a).
 
                                                  * * * * * * *
15 m..............................     21.025-21.200     21.025-21.200     21.025-21.200
 Do...............................     21.225-21.450     21.225-21.450     21.225-21.450
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Sharing  requirements
          Wavelength band             ITU--Region 1     ITU--Region 2     ITU--Region 3      see Sec.   97.303
                                                                                                (paragraph)
----------------------------------------------------------------------------------------------------------------
MF................................               kHz               kHz               kHz
 
                                                  * * * * * * *
HF................................               MHz               MHz               MHz
80 m..............................       3.525-3.725       3.525-3.725       3.525-3.725  (a).
75 m..............................  ................       3.800-4.000       3.800-3.900  (a).
40 m..............................       7.025-7.125       7.025-7.125       7.025-7.125  (a).
 Do...............................  ................       7.175-7.300  ................  (a).
 
                                                  * * * * * * *
15 m..............................     21.025-21.200     21.025-21.200     21.025-21.200
 Do...............................     21.275-21.450     21.275-21.450     21.275-21.450
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Sharing  requirements
          Wavelength band             ITU--Region 1     ITU--Region 2     ITU--Region 3      see Sec.   97.303
                                                                                                (paragraph)
----------------------------------------------------------------------------------------------------------------
HF................................               MHz               MHz               MHz
80 m..............................       3.525-3.725       3.525-3.725       3.525-3.725  (a).

[[Page 51033]]

 
40 m..............................       7.025-7.075       7.025-7.125       7.025-7.075  (a).
15 m..............................       21.025-21.2       21.025-21.2       21.025-21.2
10 m..............................         28.0-28.5         28.0-28.5         28.0-28.5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    16. Section 97.303 is amended by revising paragraph (g)(1) to read 
as follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (g) * * *
    (1) In the States of Colorado and Wyoming, bounded by the area of 
latitude 39[deg] N. to 42[deg] N. and longitude 103[deg] W. to 108[deg] 
W., an amateur station may transmit on the frequency segments 902.0-
902.4, 902.6-904.3, 904.7-925.3, 925.7-927.3, and 927.7-928.0 MHz. This 
band is allocated on a secondary basis to the amateur service subject 
to not causing harmful interference to, and not receiving any 
interference protection from, the operation of industrial, scientific 
and medical devices, automatic vehicle monitoring systems, or 
Government stations authorized in this band.
* * * * *
    17. Section 97.305 is amended by revising the fifth, sixth, 
seventh, eighth, and twenty-sixth entries to the table following 
paragraph (c) to read as follows:


Sec.  97.305  Authorized emission types.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                Emission types          Standards  see Sec.
           Wavelength                  Frequencies band           authorized          97.307(f), (paragraph)
----------------------------------------------------------------------------------------------------------------
40 m............................  7.000-7.075 MHz            RTTY, data.........  (3), (9).
 Do.............................  7.075-7.100 MHz            Phone, image.......  (1), (2), (9), (11).
 Do.............................  7.100-7.125 MHz            RTTY, data.........  (1), (9).
 Do.............................  7.125-7.300 MHz            Phone, image.......  (1), (2).
 
                                                  * * * * * * *
Do..............................  222-225 MHz                RTTY, data, test     (2), (6), (8).
                                                              MCW, phone, SS,
                                                              image.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    18. Section 97.313 is amended by revising paragraph (c) 
introductory text, (c)(1) and (c)(2) to read as follows:


Sec.  97.313  Transmitter power standards.

* * * * *
    (c) No station may transmit with a transmitter power exceeding 200 
W PEP:
    (1) On the 10.10-10.15 MHz segment;
    (2) 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
* * * * *
    19. Section 97.315 is revised to read as follows:


Sec.  97.315  Certification of external RF power amplifiers.

    (a) Any external RF power amplifier (see Sec.  2.815 of the FCC 
Rules) manufactured or imported for use at an amateur radio station 
must be certificated for use in the amateur service in accordance with 
subpart J of part 2 of the FCC Rules. No amplifier capable of operation 
below 144 MHz may be constructed or modified by a non-amateur service 
licensee without a grant of certification from the FCC.
    (b) The requirement of paragraph (a) of this section does not apply 
if one or more of the following conditions are met:
    (1) The amplifier is constructed or modified by an amateur radio 
operator for use at an amateur station.
    (2) The amplifier was manufactured before April 28, 1978, and has 
been issued a marketing waiver by the FCC, or the amplifier was 
purchased before April 28, 1978, by an amateur radio operator for use 
at that operator's station.
    (3) The amplifier is sold to an amateur radio operator or to a 
dealer, the amplifier is purchased in used condition by a dealer, or 
the amplifier is sold to an amateur radio operator for use at that 
operator's station.
    (c) Any external RF power amplifier appearing in the Commission's 
database as certificated for use in the amateur service may be marketed 
for use in the amateur service.
    20. Section 97.317 is revised to read as follows:


Sec.  97.317  Standards for certification of external RF power 
amplifiers.

    (a) To receive a grant of certification, the amplifier must:
    (1) Satisfy the spurious emission standards of Sec.  97.307(d) or 
(e) of this part, as applicable, when the amplifier is operated at the 
lesser of 1.5 kW PEP or its full output power and when the amplifier is 
placed in the ``standby'' or ``off'' positions while connected to the 
transmitter.
    (2) Not be capable of amplifying the input RF power (driving 
signal) by more than 15 dB gain. Gain is defined as the ratio of the 
input RF power to the output RF power of the amplifier where both power 
measurements are expressed in peak envelope power or mean power.
    (b) Certification may be denied when the Commission determines the 
amplifier can be used in services other than the Amateur Radio Service.
    21. Section 97.401 is revised to read as follows:


Sec.  97.401  Operation during a disaster.

    A station in, or within 92.6 km of, Alaska may transmit emissions 
J3E and R3E on the channel at 5.1675 MHz for emergency communications. 
The

[[Page 51034]]

channel must be shared with stations licensed in the Alaska private 
fixed service. The transmitter power must not exceed 150 W. A station 
in, or within 92.6 km of, Alaska may transmit communications for tests 
and training drills necessary to ensure the establishment, operation, 
and maintenance of emergency communication systems.
    22. Section 97.407 is amended by revising paragraph (b) to read as 
follows:


Sec.  97.407  Radio amateur civil emergency service.

* * * * *
    (b) The frequency bands, 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 
frequency segments authorized pursuant to part 214 of this chapter.
* * * * *
    23. Section 97.505 is amended by adding paragraph (a)(10) to read 
as follows:


Sec.  97.505  Element credit.

    (a) * * *
    (10) An expired FCC-issued Technician Class license document and a 
CSCE indicating the examinee has passed a telegraphy examination: 
Element 1.
* * * * *
    24. Section 97.509 is amended by revising paragraphs (a) and (m) 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. The number of examinees at the session may be 
limited.
* * * * *
    (m) After the administration of a successful examination for an 
amateur service operator license, the administering VEs or the VE 
session manager must submit the application document to the 
coordinating VEC according to the coordinating VEC's instructions.
    25. Section 97.519 is amended by revising paragraph (b) 
introductory text to read as follows:


Sec.  97.519  Coordinating examination sessions.

* * * * *
    (b) At the completion of each examination session, the coordinating 
VEC must collect applicant information and test results from the 
administering VEs. The coordinating VEC must:
* * * * *
[FR Doc. 04-18718 Filed 8-16-04; 8:45 am]
BILLING CODE 6712-01-P