[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Proposed Rules]
[Pages 27272-27273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11386]

[[Page 27272]]



47 CFR Part 97

[WT Docket No. 10-62; FCC 10-38]

Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.


SUMMARY: This document proposes to amend the amateur radio service 
rules to facilitate the use of spread spectrum communications 
technologies. The effect of this action is to enhance the usefulness of 
the amateur service rules by making them conform with other Commission 
rules, thereby eliminating licensee confusion when applying the rules 
to amateur service operations.

DATES: Submit comments on or before June 14, 2010 and reply comments 
are due June 28, 2010.

ADDRESSES: You may submit comments, identified by WT Docket No. 10-62; 
FCC 10-38, 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.
     People with Disabilities: Contact the FCC 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: 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 Federal 
Communications Commission's Notice of Proposed Rulemaking and Order 
(NPRM), WT Docket No. 10-62, FCC 10-38, adopted March 11, 2010, and 
released March 16, 2010. The full text of this document is available 
for inspection and copying during normal business hours in the FCC 
Reference Center, 445 12th Street, SW., Washington, DC 20554. The 
complete text may be purchased from the Commission's copy contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by sending an e-mail to [email protected] or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    1. The Commission initiated this proceeding to amend the part 97 
Amateur Radio Service rules to facilitate the use of spread spectrum 
(SS) communications technologies. The Commission found that one of the 
purposes of the amateur service is to contribute to the advancement of 
the radio art and that the use of amateur service spectrum to 
experiment with SS communication systems is consistent with the basis 
and purpose of the amateur service. Specifically, the Commission 
proposed in this NPRM to amend the amateur service's SS rules to (1) 
eliminate the automatic power control requirement applicable to 
stations that transmit SS emissions and (2) reduce the maximum 
transmitter power output amateur stations may use when transmitting SS 
communications from one hundred watts to ten watts peak envelope power.

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, interested parties may file comments on or before June 14, 2010, 
and reply comments are due June 28, 2010.
    4. Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or 
the Federal eRulemaking Portal: http://www.regulations.gov.
    5. 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.
    6. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     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 
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.
     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.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: 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).

C. Paperwork Reduction Act

    7. This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
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).

II. Initial Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act 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).

[[Page 27273]]

    9. In the NPRM, we propose to amend the amateur service rules to 
eliminate the requirement that an amateur station transmitting a SS 
emission must automatically use APC to reduce the transmitter power 
when the station transmits with a power greater than one watt and to 
reduce from one hundred watts to a peak of ten watts the transmitter 
power output that an amateur station may transmit when the station is 
transmitting a SS emission.\1\ 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 NPRM, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

    \1\ See 47 CFR 97.311(d).

III. Ordering Clauses

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

List of Subjects in 47 CFR Part 97


Federal Communications Commission
Marlene H. Dortch,

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 97 as follows:


    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.

Sec.  97.313  [Amended]

    2. Section 97.311 is amended by removing paragraph (d).
    3. Section 97.313 is amended by adding paragraph (j) to read as 

Sec.  97.313  Transmitter power standards.

* * * * *
    (j) No station may transmit with a transmitter output exceeding 10 
W PEP when the station is transmitting a SS emission type.
[FR Doc. 2010-11386 Filed 5-13-10; 8:45 am]