[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Rules and Regulations]
[Pages 3081-3082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-729]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[WT Docket No. 04-140, WT Docket No. 05-235; FCC 06-178]


Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its Amateur Radio 
Service rules to remove the requirement that an individual must pass a 
Morse code telegraphy examination to qualify for a General Class or an 
Amateur Extra Class amateur radio service operator license. The 
Commission also revises the frequency segment of the 80 meter amateur 
service High Frequency (HF) band on which amateur stations are 
authorized to be automatically controlled when transmitting RTTY and 
data emission types, and it make other conforming amendments to the 
amateur service rules.

DATES: Effective February 23, 2007.

FOR FURTHER INFORMATION CONTACT: William T. Cross, Wireless 
Telecommunications Bureau at (202) 418-0620, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order and Order on Reconsideration, in WT Docket Nos. 04-140 and 
05-235; FCC 06-178, adopted December 15, 2006 and released December 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 this Report and Order and Order on Reconsideration the 
Commission adopts changes to its part 97 rules to revise the 
examination requirements for obtaining a General Class or Amateur Extra 
Class amateur radio operator license, revises the operating privileges 
for Technician Class licensees to include the operating privileges that 
are authorized to Novice Class licensees, and authorizes automatically 
controlled digital stations to operate in the 3585-3600 kHz frequency 
segment. The overall effect of this action is to further the public 
interest by encouraging individuals who are interested in 
communications technology, or who are able to contribute to the 
advancement of the radio art, to become amateur radio operators; and 
eliminating a requirement that is now unnecessary and may discourage 
amateur service licensees from advancing their skills in the 
communications and technical phases of amateur radio. The changes 
adopted in this Report and Order and Order on Reconsideration were 
proposed in the Notice of Proposed Rulemaking at 70 FR 51705, August 
31, 2005. Over 3800 comments on the proposed rule changes were received 
and changes to the proposed rules based on these comments are included 
in this Report and Order and Order on Reconsideration.
    2. Specifically, the Commission (1) removes the five wpm telegraphy 
examination from the examination requirements for the General Class and 
Amateur Extra Class operator licenses; (2) revises the operating 
privileges for Technician Class licensees to include the High Frequency 
operating privileges that are authorized to Novice Class and Technician 
Plus Class licensees; and (3) authorizes automatically controlled 
digital stations to transmit in the 3585-3600 kHz segment of the 80 m 
band. The effect of these revisions are to eliminate unnecessary 
requirements from the amateur service license examination system and to 
provide licensees with greater flexibility in the utilization of 
amateur service frequencies.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    3. This document does not contain any new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. 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

    4. The Commission will send a copy of the Report and Order and 
Order on Reconsideration, including this Final Regulatory Flexibility 
Certification, in a report to be sent to Congress and the Congressional 
Budget Office pursuant to the Congressional Review Act. In addition, 
the Commission will send a copy of the Report and Order and Order on 
Reconsideration, including the Final Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the SBA and the 
Final Regulatory Flexibility Certification will also be published in 
the Federal Register.

C. Final Regulatory Flexibility Certification

    5. In this Report and Order and Order on Reconsideration, we amend 
the rules that specify how an individual who has qualified for an 
amateur service operator license can use an amateur radio station 
consistent with the basis and furthering the purpose of the amateur 
service. The amended rules apply exclusively to individuals who are 
licensees in the amateur radio service. Given the definition of a 
``small entity,'' none of these individuals are small entities as the 
term is used in the RFA. Therefore, we certify that the rules reflected 
in this Report and Order and Order on Reconsideration will not have a 
significant economic impact on a substantial number of small entities.

[[Page 3082]]

D. Ordering Clauses

    6. Pursuant to sections 4(i), 303(f), 303(r), and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154 (i), 303(f), 
303(r) and 332, the rules are amended as specified below.

List of Subjects in 47 CFR Part 97

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

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 by revising paragraph (a)(12) to read as 
follows:


Sec.  97.3  Definitions.

    (a) * * *
    (12) CEPT radio amateur license. A license issued by a country 
belonging to the European Conference of Postal and Telecommunications 
Administrations (CEPT) that has adopted Recommendation T/R 61-01 (Nice 
1985, Paris 1992, Nicosia 2003).
* * * * *

0
3. Section 97.221 is amended by revising paragraph (b) to read as 
follows:


Sec.  97.221  Automatically controlled digital station.

* * * * *
    (b) A station may be automatically controlled while transmitting a 
RTTY or data emission on the 6 m or shorter wavelength bands, and on 
the 28.120-28.189 MHz, 24.925-24.930 MHz, 21.090-21.100 MHz, 18.105-
18.110 MHz, 14.0950-14.0995 MHz, 14.1005-14.112 MHz, 10.140-10.150 MHz, 
7.100-7.105 MHz, or 3.585-3.600 MHz segments.
* * * * *

0
4. Section 97.301 is amended by revising the introductory text of 
paragraphs (a), (b) and (e) to read as follows:


Sec.  97.301  Authorized frequency bands.

* * * * *
    (a) For a station having a control operator who has been granted a 
Technician, Technician Plus, General, Advanced, or Amateur Extra Class 
operator license, who holds a CEPT radio amateur license, or who holds 
any class of IARP:
* * * * *
    (b) For a station having a control operator who has been granted an 
Amateur Extra Class operator license, who holds a CEPT radio amateur 
license, or who holds a Class 1 IARP license:
* * * * *
    (e) For a station having a control operator who has been granted an 
operator license of Novice Class, Technician Class, or Technician Plus 
Class:
* * * * *

0
5. Section 97.501 is amended by revising paragraph (a) and (b) to read 
as follows:


Sec.  97.501  Qualifying for an amateur operator license.

* * * * *
    (a) Amateur Extra Class operator: Elements 2, 3, and 4;
    (b) General Class operator: Elements 2 and 3;
* * * * *


Sec.  97.503  [Amended]

0
6. Section 97.503 is amended by removing paragraph (a), redesignating 
paragraph (b) as an undesignated introductory paragraph, and 
redesignating paragraphs (b)(1) through (b)(3) as paragraphs (a) 
through (c).

0
7. Section 97.505 is amended by revising paragraphs (a)(1), (2), (3), 
(4), and (5) to read as set forth below, and by removing paragraphs 
(a)(6), (7), (8), and (9).


Sec.  97.505  Element credit.

    (a) * * *
    (1) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Advanced Class operator license grant: Elements 2 
and 3.
    (2) An unexpired (or expired but within the grace period for 
renewal) FCC-granted General Class operator license grant: Elements 2 
and 3.
    (3) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Technician or Technician Plus Class operator 
(including a Technician Class operator license granted before February 
14, 1991) license grant: Element 2.
    (4) An expired FCC-issued Technician Class operator license 
document granted before March 21, 1987; Element 3.
    (5) A CSCE: Each element the CSCE indicates the examinee passed 
within the previous 365 days.
* * * * *
 [FR Doc. E7-729 Filed 1-23-07; 8:45 am]
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