[Federal Register Volume 75, Number 77 (Thursday, April 22, 2010)]
[Proposed Rules]
[Pages 20951-20954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9092]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[WP Docket No. 10-72; FCC 10-45]
Amendment of the Commission's Rules Regarding Amateur Radio
Service Communications During Government Disaster Drills
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document, the Commission adopted a document seeking
comment on its proposal to amend the Commission's amateur radio service
rules with respect to amateur radio operations during government-
sponsored emergency preparedness and disaster readiness drills and
tests. Specifically, the Commission proposes to amend the rules to
provide that, under certain limited conditions, amateur radio operators
may transmit messages during emergency and disaster preparedness
drills, regardless of whether the operators are employees of entities
participating in the drill.
DATES: Comments are due on or before May 24, 2010 and reply comments
are due on or before June 7, 2010.
ADDRESSES: You may submit comments, identified by WP Docket No. 10-72
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although the Commission continues to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
People With Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by e-mail: [email protected] or phone:
202-418-0530 or TTY: 202-418-0432. For detailed instructions for
submitting comments and additional information on the rulemaking
process, see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jeffrey Cohen, Senior Legal Counsel,
Public Safety and Homeland Security Bureau, at (202) 418-0799, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communication Commission's Notice of Proposed Rulemaking (NPRM) in WP
Docket No. 10-72, FCC 10-45, adopted on March 18, 2010, and released on
March 24, 2010. This document is available to the public at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-45A1.doc.
Synopsis of the NPRM
1. In this NPRM, the Commission proposes to amend its amateur radio
service rules with respect to amateur radio operations during
government-sponsored emergency preparedness and disaster readiness
drills and tests. Although public safety land mobile radio systems are
the primary means of radio-based communications for emergency
responders, experience has shown that amateur radio has played an
important role in preparation for, during, and in the aftermath of,
natural and man-made emergencies and disasters. Current rules provide
for amateur radio use during emergencies. At the same time, the rules
prohibit
[[Page 20952]]
communications in which the station licensee or control operator has a
pecuniary interest, including communications on behalf of an employer.
While there are some exceptions to this prohibition, there is none that
would permit amateur station control operators who are employees of
public safety agencies and other entities, such as hospitals, to
participate in drills and tests in preparation for such emergency
situations and transmit messages on behalf of their employers during
such drills and tests. Accordingly, the Commission proposes to amend
the rules to provide that, under certain limited conditions, amateur
radio operators may transmit messages during emergency and disaster
preparedness drills, regardless of whether the operators are employees
of entities participating in the drill.
I. Background
2. One of the fundamental principles underlying the amateur radio
service is the ``[r]ecognition and enhancement of the value of the
amateur service to the public as a voluntary noncommercial
communication service, particularly with respect to providing emergency
communications.'' 47 CFR 97.1(a). Further, the rules state that ``[n]o
provision of these rules prevents the use by an amateur station of any
means of radio communication at its disposal to provide essential
communication needs in connection with the immediate safety of human
life and immediate protection of property when normal communication
systems are not available.'' 47 CFR 97.403. Indeed, amateur radio
operators provide essential communications links and facilitate relief
actions in disaster situations. While land mobile radio services are
the primary means of conducting emergency communications, amateur radio
plays a unique and critical role when these primary facilities are
damaged, overloaded, or destroyed. For example, during Hurricane
Katrina, amateur radio operators volunteered to support many agencies,
such as the Federal Emergency Management Agency, the National Weather
Service, and the American Red Cross. Amateur radio stations provided
urgently needed wireless communications in many locations where there
was no other means of communicating and also provided other technical
aid to the communities affected by Hurricane Katrina.
3. Since amateur radio is often an essential element of emergency
preparedness and response, many state and local governments and public
safety agencies incorporate amateur radio operators and the
communication capabilities of the amateur service into their emergency
planning. In this regard, some entities, such as hospitals, emergency
operations centers, and police, fire, and emergency medical service
stations, have emphasized the participation of their employees who are
amateur station operators in emergency and disaster drills and tests.
For example, a representative of the New Orleans Urban Area Security
Initiative recently emphasized the importance of conducting emergency
drills and the need for amateur participation.
4. The Commission's rules expressly permit operation of amateur
stations for public service communications during emergencies, and on a
voluntary basis during drills and exercises in preparation for such
emergencies. Given, however, that the Amateur Radio Service is
primarily designated for ``amateurs, that is, duly authorized persons
interested in radio technique solely with a personal aim and without
pecuniary interest,'' see 47 CFR 97.3(a)(4), the rules expressly
prohibit amateur stations from transmitting communications ``in which
the station licensee or control operator has a pecuniary interest,
including communications on behalf of an employer.'' See 47 CFR
97.113(a)(3). Accordingly, public safety entities seeking to have
employees operate amateur stations during government-sponsored
emergency preparedness and disaster drills presently must request a
waiver.
II. Discussion
5. The Commission seeks comment on whether to amend the rules to
permit amateur radio operators to participate in government-sponsored
emergency and disaster preparedness drills and tests, regardless of
whether the operators are employees of the entities participating in
the drill or test. The rules already recognize the importance of
amateur radio in emergencies, and permit participation in such drills
and tests by volunteers (i.e., non-employees of participating
entities). As noted above, experience has shown that amateur operations
can and have played an essential role in protecting the safety of life
and property during emergency situations and disasters. And as
evidenced by recent waiver requests, state and local government public
safety agencies and other entities often conduct disaster and emergency
preparedness drills to be best-prepared for such eventualities. The
proposed rule would obviate the need for a waiver in such instances by
allowing employees of public safety agencies and other entities to
operate amateur stations for testing and drilling of emergency
communications preparedness. The Commission thus tentatively concludes
that employee status should not preclude or prevent participation in
government-sponsored emergency and disaster tests and drills. Further,
the Commission tentatively concludes that extending authority to
operate amateur stations during such drills will enhance emergency
preparedness and thus serve the public interest.
6. In reaching these tentative conclusions, the Commission does not
disturb the core principle of the amateur radio service as a voluntary,
non-commercial communication service carried out by duly authorized
persons interested in radio technique with a personal aim and without
pecuniary interest. Rather, the Commission believes that the public
interest will be served by a narrow exception to the prohibition on
transmitting amateur communications in which the station control
operator has a pecuniary interest or employment relationship, and that
such an exception is consistent with the intent of the amateur radio
service rules. Accordingly, the Commission proposes that amateur
operations in connection with emergency drills be limited to the
duration and scope of the drill, test or exercise being conducted, and
operational testing immediately prior to the drill, test or exercise.
7. Furthermore, the Commission proposes that the emergency tests
and drills must be sponsored by Federal, State, or local governments or
agencies, in order to limit the narrow exception to ensure that drills
further public safety. The Commission notes, however, that there may be
circumstances where conducting emergency drills for disaster planning
purposes, even if not government-sponsored, would serve the public
interest. Accordingly, the Commission seeks comment on whether it
should permit employee operation of amateur stations during non-
government-sponsored emergency drills, if the purpose of the drill is
to assess communications capabilities, including amateur radio, in
order to improve emergency preparedness and response.
8. A large number of agencies and organizations at the state and
local levels coordinate with their local volunteer amateur radio
operators to conduct drills and exercises in concert with other modes
of communication. This joint activity is essential to allow for a
practiced response on the part of the first responder community.
Because some of those drills and exercises
[[Page 20953]]
include transmission of amateur communications by employees of
participating entities, the Commission believes the proposed rule
changes would be in the public interest, consistent with ongoing
national emergency preparedness and response priorities. The Commission
therefore seeks comment on the tentative conclusions contained herein.
III. Procedural Matters
A. Ex Parte Presentations
9. This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. Other requirements
pertaining to oral and written presentations are set forth in section
1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
B. Comment Filing Procedures
10. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. All filings related to this Notice of Proposed Rulemaking
should refer to WP Docket No. 10-72. Comments may be filed using: (1)
the Commission's Electronic Comment Filing System (ECFS), (2) the
Federal Government's eRulemaking Portal, or (3) by filing paper copies.
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR
24121 (1998).
11. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the
Federal eRulemaking Portal: http://www.regulations.gov. Filers should
follow the instructions provided on the website for submitting
comments.
12. For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. 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,
filers should send an e-mail to [email protected], and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
13. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
14. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
15. Effective December 28, 2009, all hand-delivered or messenger-
delivered paper filings for the Commission's Secretary must be
delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325,
Washington, DC 20554. The filing hours at this location are 8 a.m. to 7
p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the
building.
Please Note: The Commission's former filing location at 236
Massachusetts Avenue, NE. is permanently closed.
16. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
17. U.S. Postal Service first-class, Express, and Priority mail
should be addressed to 445 12th Street, SW., Washington DC 20554.
C. Accessible Formats
18. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an e-mail to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
IV. Initial Regulatory Flexibility Analysis
19. The Regulatory Flexibility Act (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: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
20. Because ``small entities,'' as defined in the RFA, are not
persons eligible for licensing in the amateur service, this proposed
rule does not apply to ``small entities.'' Rather, it applies
exclusively to individuals who are the control operators of amateur
radio stations. Therefore, we certify that the proposals in this Notice
of Proposed Rulemaking, if adopted, will not have a significant
economic impact on a substantial number of small entities. The
Commission will send a copy of the Notice of Proposed Rulemaking,
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.
V. Ordering Clauses
21. Accordingly, it is ordered, pursuant to sections 4(i), 303(r),
and 403 of the Communications Act of 1934, 47 U.S.C. 154(i), 303(r),
and 403, that this Notice of Proposed Rulemaking is hereby adopted.
22. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Center, shall send a copy of
this Notice of Proposed Rulemaking, including the Initial Regulatory
Flexibility Analyses, to the Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule
For the reasons set forth in the preamble, FCC proposes to amend 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. In Sec. 97.113, revise paragraph (a)(3) to read as follows:
Sec. 97.113 Prohibited transmissions.
(a) * * *
[[Page 20954]]
(3) Communications in which the station licensee or control
operator has a pecuniary interest, including communications on behalf
of an employer, with the following exceptions:
(i) A control station operator may participate on behalf of an
employer in a government-sponsored emergency preparedness or disaster
readiness test or drill, limited to the duration and scope of such test
or drill, and operational testing immediately prior to such test or
drill.
(ii) An amateur operator may notify other amateur operators of the
availability for sale or trade of apparatus normally used in an amateur
station, provided that such activity is not conducted on a regular
basis.
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[FR Doc. 2010-9092 Filed 4-21-10; 8:45 am]
BILLING CODE 6712-01-P