[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Rules and Regulations]
[Pages 25981-25983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4028]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[DA 06-79]


Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Amateur Radio Service rules to 
conform with the international Radio Regulations adopted at the 
International Telecommunications Union World Radiocommunication 
Conference Final Acts (Geneva, 2003) (WRC-03 Final Acts). The WRC-03 
Final Acts revised the international regulations that apply to the 
amateur service and the amateur satellite service and became effective 
on July 5, 2003. These amendments ensure that the Commission's amateur 
service rules reflect the international regulations.

DATES: Effective May 3, 2006.

FOR FURTHER INFORMATION CONTACT: William T. Cross, 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 Order, 
DA 06-79, adopted January 17, 2006, and released January 19, 2006. The 
complete text of this document 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. Alternative formats 
(Braille, large print, electronic files, audio format) are available 
for people with disabilities by sending an e-mail to [email protected] or, 
calling the Consumer and Government Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY). The Order also may be downloaded from 
the Commission's Web site at http://www.fcc.gov/.
    1. In the Order the Commission adopted changes to its part 97 rules 
to conform the amateur service rules with the international Radio 
Regulations. The overall effect of this action is to update the part 97 
Amateur Radio Service rules in the Code of Federal Regulations to 
conform to now-effective international agreements. Specifically, the 
Commission amended Sec. Sec.  97.111(a)(1), 97.115(a)(2), 97.113(a)(4), 
97.117, and revised the definition of International Morse code and 
various digital codes in Sec.  97.3 of the Amateur Radio Service rules.
    2. Section 97.111(a)(1) of the Commission's rules implements Radio 
Regulations Article 25.1. Previously, Article 25.1 stated 
``Radiocommunications between amateur stations of different countries 
shall be forbidden if the administration of one of the countries 
concerned has notified that it objects to such radiocommunications.'' 
Article 25.1, as revised at WRC-03, now states ``Radiocommunications 
between amateur stations of different countries shall be permitted 
unless the administration of one of the countries concerned has 
notified that it objects to such radiocommunications.'' To conform 
Sec.  97.111(a)(1) to the amended Radio Regulation, the Commission 
amended this section to state that amateur stations are authorized to 
make transmissions necessary to exchange messages with other stations 
in the amateur service, except those in any country whose 
administration has notified the ITU that it objects to such 
communications. The effect of this revision is to clarify that 
communications between FCC-licensed amateur stations and amateur 
stations of different countries shall be permitted unless the 
administration of one of the countries concerned has notified the ITU 
that it objects to such radiocommunications.
    3. Section 97.115(a)(2) of the Commission's rules implements Radio 
Regulations Article 25.3. Previously, Article 25.3 stated ``It is 
absolutely forbidden for amateur stations to be used for transmitting 
international communications on behalf of third parties.'' Article 
25.4, however, stated ``The proceeding provision [Article 25.3] may be 
modified by special arrangements between the administrations of the 
countries concerned.'' Article 25.3, as revised at WRC-03, now states 
``Amateur stations may be used for transmitting international 
communications on behalf of third parties only in case of emergencies 
or disaster relief. An administration may determine the applicability 
of this provision to amateur stations under its jurisdiction.'' To 
conform Sec.  97.115(a)(2) to the amended Radio Regulation, the 
Commission amended this section to allow amateur stations to transmit 
international third party communications to any station within the 
jurisdiction of any foreign government when transmitting emergency or 
disaster relief communications and, as previously permitted, to any 
station within the jurisdiction of any foreign government

[[Page 25982]]

whose administration has made arrangements with the United States to 
allow amateur stations to be used for transmitting international 
communications on behalf of third parties. The effect of this revision 
is to permit amateur stations to be used for transmitting international 
communications on behalf of third parties in case of emergencies or 
disaster relief.
    4. Section 97.113(a)(4) implements Radio Regulations Article 25.2A. 
Previously, Article 25.2 stated ``When transmissions between amateur 
stations of different countries are permitted, they shall be made in 
plain language and shall be limited to messages of a technical nature 
relating to tests and to remarks of a personal character for which, by 
reason of their unimportance, recourse to the public telecommunications 
service is not justified.'' Article 25.2A, as adopted at WRC-03, now 
states ``Transmissions between amateur stations of different countries 
shall not be encoded for the purpose of obscuring their meaning, except 
for control signals exchanged between earth command stations and space 
stations in the amateur satellite service.'' To conform Sec.  
97.113(a)(4) to the amended Radio Regulation, the Commission amended 
this section to prohibit amateur stations exchanging messages with 
amateur stations in other countries from making transmissions that are 
encoded for the purpose of obscuring their meaning, except for control 
signals exchanged between earth command stations and space stations in 
the amateur-satellite service. The effect of this revision is to allow 
FCC-licensed amateur stations to exchange messages using digital 
communication codes and foreign languages when the intent is not for 
the purpose of obscuring the message's meaning.
    5. Section 97.117 implements Radio Regulation Article 25.2. Article 
25.2, as revised at WRC-03, now states ``Transmissions between amateur 
stations of different countries shall be limited to communications 
incidental to the purposes of the amateur service, as defined in No. 
1.56 [which defines the amateur service] and to remarks of a personal 
character. To conform Sec.  97.117 to the amended Article 25.2 of the 
Radio Regulations, the Commission amended this section to state that 
amateur stations may transmit communications incidental to the purposes 
of the amateur service and to remarks of a personal character.'' The 
effect of this revision is to expand the scope of messages FCC-licensed 
amateur stations may transmit to included communications incidental to 
the purposes of the amateur service and to remarks of a personal 
character. The Commission also revised the definition of International 
Morse code and various digital codes in Sec.  97.3 the Amateur Radio 
Service rules to conform with the updated definitions of these codes in 
the Radio Regulations.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    1. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified ``information collection burden for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

B. Report to Congress

    2. The Commission will send a copy of the Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 97

    Radio.

Federal Communications Commission.
Ramona Melson,
Chief of Staff, Public Safety and Critical Infrastructure Division, 
Wireless Telecommunications Bureau.

Rule Changes

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

PART 97--AMATEUR RADIO SERVICE

0
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.


0
2. Section 97.3 is amended to revise paragraph (a)(27) to read as 
follows:


Sec.  97.3  Definitions.

    (a) * * *
    (27) International Morse code. A dot-dash code as defined in ITU-T 
Recommendation F.1 (March, 1998), Division B, I. Morse code.
* * * * *

0
3. Section 97.111 is amended to revise paragraph (a)(1) to read as 
follows:


Sec.  97.111  Authorized transmissions.

    (a) * * *
    (1) Transmissions necessary to exchange messages with other 
stations in the amateur service, except those in any country whose 
administration has notified the ITU that it objects to such 
communications. The FCC will issue public notices of current 
arrangements for international communications.
* * * * *

0
4. Section 97.113 is amended to revise paragraph (a)(4) to read as 
follows:


Sec.  97.113  Prohibited transmissions.

    (a) * * *
    (4) Music using a phone emission except as specifically provided 
elsewhere in this section; communications intended to facilitate a 
criminal act; messages encoded for the purpose of obscuring their 
meaning, except as otherwise provided herein; obscene or indecent words 
or language; or false or deceptive messages, signals or identification.
* * * * *

0
5. Section 97.115 is amended to revise paragraph (a)(2) to read as 
follows:


Sec.  97.115  Third party communications.

    (a) * * *
    (2) Any station within the jurisdiction of any foreign government 
when transmitting emergency or disaster relief communications and any 
station within the jurisdiction of any foreign government whose 
administration has made arrangements with the United States to allow 
amateur stations to be used for transmitting international 
communications on behalf of third parties. No station shall transmit 
messages for a third party to any station within the jurisdiction of 
any foreign government whose administration has not made such an 
arrangement. This prohibition does not apply to a message for any third 
party who is eligible to be a control operator of the station.
* * * * *

0
6. Section 97.117 is revised to read as follows:


Sec.  97.117  International communications.

    Transmissions to a different country, where permitted, shall be 
limited to communications incidental to the purposes of the amateur 
service and to remarks of a personal character.

0
7. Section 97.309 is amended to revise paragraphs (a)(1), (a)(2), and 
(a)(3) to read as follows:


Sec.  97.309  RTTY and data emission codes.

    (a) * * *
    (1) The 5-unit, start-stop, International Telegraph Alphabet No. 2, 
code defined

[[Page 25983]]

in ITU-T Recommendation F.1, Division C (commonly known as ``Baudot'').
    (2) The 7-unit code specified in ITU-R Recommendations M.476-5 and 
M.625-3 (commonly known as ``AMTOR'').
    (3) The 7-unit, International Alphabet No. 5, code defined in IT--T 
Recommendation T.50 (commonly known as ``ASCII'').
* * * * *
[FR Doc. 06-4028 Filed 5-2-06; 8:45 am]
BILLING CODE 6712-01-P