[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Rules and Regulations]
[Pages 78169-78172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31349]



[[Page 78169]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 97

[WT Docket No. 09-209; FCC 10-189]


Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document revises the Amateur Radio Service rules to amend 
and clarify the rules with respect to amateur service vanity call 
signs. The rules are necessary to amend the amateur service rules and 
to conform them to prior Commission decisions. 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: Effective February 14, 2011.

FOR FURTHER INFORMATION CONTACT: William T. Cross, Mobility Division, 
Wireless Telecommunications Bureau, at (202) 418-0680, or TTY (202) 
418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), adopted November 2, 2010, and released November 8, 
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. By this action, the Commission amends the vanity call sign 
system rules to clarify the date on which the call sign associated with 
a license that is canceled due to the licensee's death becomes 
available for reassignment, and to clarify the exceptions to the 
general rule that a call sign is unavailable to the vanity call sign 
system for two years after the license terminates.
    2. Also, by this action, the Commission limits who can file 
applications on behalf of a club, how many vanity call signs a club can 
hold, and how many clubs can have the same license trustee.
    3. In addition, the Commission makes certain minor, non-substantive 
amendments to the amateur service rules to amend part 97 to remove 
obsolete references to Technician Plus Class operator licenses and to 
remove references to RACES station licenses.
    4. The Commission also revises Sec.  97.21 to reference Sec.  1.949 
of our rules, which requires that renewal applications be filed no 
sooner than ninety days prior to expiration of the license, and amends 
Sec. Sec.  0.191 and 0.392 to remove references to Sec.  97.401(b), 
which the Commission removed in 2006.
    5. The rules that the Commission adopted in this R&O apply to 
amateur radio clubs, some of which may be small entities. The 
Commission certifies that no regulatory flexibility analysis is 
necessary here because, even if a substantial number of small entities, 
namely, amateur radio clubs, were affected by the rules, there would 
not be a significant economic impact on those entities. The rules we 
are adopting do not impose economic requirements. Instead, they relate 
to the administration of the amateur radio service. Therefore, we 
certify that the rule changes adopted in this R&O will not have a 
significant economic impact on a substantial number of small entities.
    6. This R&O and the rule amendments are issued under the authority 
contained in 47 U.S.C. 154(i), 303(r), and 403.
    7. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Initial and Final Regulatory Flexibility 
Certifications, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies)

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 parts 0 and 97 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.


Sec.  0.191  [Amended]

0
2. Remove and reserve paragraph (o) of Sec.  0.191.


Sec.  0.392   [Amended]

0
3. Remove and reserve paragraph (g) of Sec.  0.392.

PART 97--AMATEUR RADIO SERVICE

0
4. 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
5. Section 97.3 is amended by redesignating paragraphs (a)(27) through 
(a)(49) as paragraphs (a)(28) through (a)(50), and adding a new 
paragraph (a)(27) to read as follows:


Sec.  97.3  Definitions.

* * * * *
    (a) * * *
    (27) In-law. A parent, stepparent, sibling, or step-sibling of a 
licensee's spouse; the spouse of a licensee's sibling, step-sibling, 
child, or stepchild; or the spouse of a licensee's spouse's sibling or 
step-sibling.
* * * * *

0
6. Section 97.5 is amended by removing paragraph (b)(4) and revising 
paragraph (b)(2) to read as follows:


Sec.  97.5  Station license required.

* * * * *
    (b) * * *
    (2) A club station license grant. A club station license grant may 
be held only by the person who is the license trustee designated by an 
officer of the club. The trustee must be a person who holds an 
operator/primary station license grant. The club must be composed of at 
least four persons and must have a name, a document of organization, 
management, and a primary purpose devoted to amateur service activities 
consistent with this part.
* * * * *

0
7. Section 97.9 is revised to read as follows:


Sec.  97.9  Operator license grant.

    (a) The classes of amateur operator license grants are: Novice, 
Technician, General, Advanced, and Amateur Extra.

[[Page 78170]]

The person named in the operator license grant is authorized to be the 
control operator of an amateur station with the privileges authorized 
to the operator class specified on the license grant.
    (b) The person named in an operator license grant of Novice, 
Technician, General or Advanced Class, who has properly submitted to 
the administering VEs a FCC Form 605 document requesting examination 
for an operator license grant of a higher class, and who holds a CSCE 
indicating that the person has completed the necessary examinations 
within the previous 365 days, is authorized to exercise the rights and 
privileges of the higher operator class until final disposition of the 
application or until 365 days following the passing of the examination, 
whichever comes first.

0
8. Section 97.17 is amended by revising paragraphs (a) and (d) to read 
as follows:


Sec.  97.17  Application for new license grant.

    (a) Any qualified person is eligible to apply for a new operator/
primary station, club station or military recreation station license 
grant. No new license grant will be issued for a Novice or Advanced 
Class operator/primary station.
* * * * *
    (d) One unique call sign will be shown on the license grant of each 
new primary, club and military recreation station. The call sign will 
be selected by the sequential call sign system. Effective February 14, 
2011, no club station license grants will be issued to a licensee who 
is shown as the license trustee on an existing club station license 
grant.

0
9. Section 97.19 is amended by revising paragraphs (a), (c)(2), and 
(c)(3) to read as follows:


Sec.  97.19  Application for a vanity call sign.

    (a) The person named in an operator/primary station license grant 
or in a club station license grant is eligible to make application for 
modification of the license grant, or the renewal thereof, to show a 
call sign selected by the vanity call sign system. Effective February 
14, 2011, the person named in a club station license grant that shows 
on the license a call sign that was selected by a trustee is not 
eligible for an additional vanity call sign. (The person named in a 
club station license grant that shows on the license a call sign that 
was selected by a trustee is eligible for a vanity call sign for his or 
her operator/primary station license grant on the same basis as any 
other person who holds an operator/primary station license grant.) 
Military recreation stations are not eligible for a vanity call sign.
* * * * *
    (c) * * *
    (2) A call sign shown on a surrendered or canceled license grant 
(except for a license grant that is canceled pursuant to Sec.  97.31) 
is not available to the vanity call sign system for 2 years following 
the date such action is taken. (The availability of a call sign shown 
on a license canceled pursuant to Sec.  97.31 is governed by paragraph 
(c)(3) of this section.)
    (i) This 2-year period does not apply to any license grant pursuant 
to paragraph (c)(3)(i), (ii), or (iii) of this section that is 
surrendered, canceled, revoked, voided, or set aside because the 
grantee acknowledged or the Commission determined that the grantee was 
not eligible for the exception. In such a case, the call sign is not 
available to the vanity call sign system for 30 days following the date 
such action is taken, or for the period for which the call sign would 
not have been available to the vanity call sign system pursuant to 
paragraphs (c)(2) or (3) of this section but for the intervening grant 
to the ineligible applicant, whichever is later.
    (ii) An applicant to whose operator/primary station license grant, 
or club station license grant for which the applicant is the trustee, 
the call sign was previously assigned is exempt from the 2-year period 
set forth in paragraph (c)(2) of this section.
    (3) A call sign shown on a license canceled pursuant to Sec.  97.31 
of this part 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. If, however, a 
license is canceled more than 2 years after the licensee's death (or 
within 30 days before the second anniversary of the licensee's death), 
the call sign is not available to the vanity call sign system for 30 
days following the date such action is taken. The following applicants 
are exempt from this 2-year period:
    (i) An applicant to whose operator/primary station license grant, 
or club station license grant for which the applicant is the trustee, 
the call sign was previously assigned; or
    (ii) An applicant who is the spouse, child, grandchild, stepchild, 
parent, grandparent, stepparent, brother, sister, stepbrother, 
stepsister, aunt, uncle, niece, nephew, or in-law of the person now 
deceased or of any other deceased former holder of the call sign, 
provided that the vanity call sign requested by the applicant is from 
the group of call signs corresponding to the same or lower class of 
operator license held by the applicant as designated in the sequential 
call sign system; or
    (iii) An applicant who is a club station license trustee acting 
with a written statement of consent signed by either the licensee ante 
mortem but who is now deceased, or by at least one relative as listed 
in paragraph (c)(3)(ii) of this section, of the person now deceased or 
of any other deceased former holder of the call sign, provided that the 
deceased former holder was a member of the club during his or her life.
* * * * *

0
10. Section 97.21 is amended by revising paragraphs (a)(1), (a)(3) 
introductory text, (a)(3)(iii), and (c) to read as follows:


Sec.  97.21  Application for a modified or renewed license grant.

    (a) * * *
    (1) Must apply to the FCC for a modification of the license grant 
as necessary to show the correct mailing address, licensee name, club 
name, license trustee name, or license custodian name in accordance 
with Sec.  1.913 of this chapter. For a club or military recreation 
station license grant, the application must be presented in document 
form to a Club Station Call Sign Administrator who must submit the 
information thereon to the FCC in an electronic batch file. The Club 
Station Call Sign Administrator must retain the collected information 
for at least 15 months and make it available to the FCC upon request. A 
Club Station Call Sign Administrator shall not file with the Commission 
any application to modify a club station license grant that was 
submitted by a person other than the trustee as shown on the license 
grant, except an application to change the club station license 
trustee. An application to modify a club station license grant to 
change the license trustee name must be submitted to a Club Station 
Call Sign Administrator and must be signed by an officer of the club.
* * * * *
    (3) May apply to the FCC for renewal of the license grant for 
another term in accordance with Sec. Sec.  1.913 and 1.949 of this 
chapter. Application for renewal of a Technician Plus Class operator/
primary station license will be processed as an application for renewal 
of a Technician Class operator/primary station license.
* * * * *
    (iii) For a club station or military recreation station license 
grant showing

[[Page 78171]]

a call sign obtained through the sequential call sign system, and for a 
club station license grant showing a call sign obtained through the 
vanity call sign system but whose grantee does not want to have the 
vanity call sign reassigned to the station, the application must be 
presented in document form to a Club Station Call Sign Administrator 
who must submit the information thereon to the FCC in an electronic 
batch file. The replacement call sign will be selected by the 
sequential call sign system. The Club Station Call Sign Administrator 
must retain the collected information for at least 15 months and make 
it available to the FCC upon request.
* * * * *
    (c) Except as provided in paragraph (a)(4) of this section, a call 
sign obtained under the sequential or vanity call sign system will be 
reassigned to the station upon renewal or modification of a station 
license.

0
11. Add Sec.  97.31 to subpart A to read as follows:


Sec.  97.31  Cancellation on account of the licensee's death.

    (a) A person may request cancellation of an operator/primary 
station license grant on account of the licensee's death by submitting 
a signed request that includes a death certificate, obituary, or Social 
Security Death Index data that shows the person named in the operator/
primary station license grant has died. Such a request may be submitted 
as a pleading associated with the deceased licensee's license. See 
Sec.  1.45 of this chapter. In addition, the Commission may cancel an 
operator/primary station license grant if it becomes aware of the 
grantee's death through other means. No action will be taken during the 
last thirty days of the post-expiration grace period (see Sec.  
97.21(b)) on a request to cancel a license due to the licensee's death.
    (b) A license that is canceled due to the licensee's death is 
canceled as of the date of the licensee's death.
0
12. Section 97.119 is amended by revising paragraphs (f)(2) and (f)(3) 
to read as follows:


Sec.  97.119  Station identification.

* * * * *
    (f) * * *
    (2) For a control operator who has requested a license modification 
from Novice or Technician to General Class: AG;
    (3) For a control operator who has requested a license modification 
from Novice, Technician, General, or Advanced Class to Amateur Extra 
Class: AE.
* * * * *

0
13. Section 97.201 is amended by revising paragraph (a) to read as 
follows:


Sec.  97.201  Auxiliary station.

    (a) Any amateur station licensed to a holder of a Technician, 
General, Advanced or Amateur Extra Class operator license may be an 
auxiliary station. A holder of a Technician, General, Advanced or 
Amateur Extra Class operator license may be the control operator of an 
auxiliary station, subject to the privileges of the class of operator 
license held.
* * * * *

0
14. Section 97.203 is amended by revising paragraph (a) to read as 
follows:


Sec.  97.203  Beacon station.

    (a) Any amateur station licensed to a holder of a Technician, 
General, Advanced or Amateur Extra Class operator license may be a 
beacon. A holder of a Technician, General, Advanced or Amateur Extra 
Class operator license may be the control operator of a beacon, subject 
to the privileges of the class of operator license held.
* * * * *

0
15. Section 97.301 is amended by revising paragraphs (a) introductory 
text and (e) introductory text to read as follows:


Sec.  97.301  Authorized frequency bands.

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

0
16. Section 97.313 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  97.313  Transmitter power standards.

* * * * *
    (c) * * *
    (2) On the 3.525-3.60 MHz, 7.025-7.125 MHz, 21.025-21.20 MHz, and 
28.0-28.5 MHz segment when the control operator is a Novice Class 
operator or a Technician Class operator; or
* * * * *

0
17. Section 97.407 is revised to read as follows:


Sec.  97.407  Radio amateur civil emergency service.

    (a) No station may transmit in RACES unless it is an FCC-licensed 
primary, club, or military recreation station and it is certified by a 
civil defense organization as registered with that organization. No 
person may be the control operator of an amateur station transmitting 
in RACES unless that person holds a FCC-issued amateur operator license 
and is certified by a civil defense organization as enrolled in that 
organization.
    (b) The frequency bands and 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 invoking 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, amateur stations 
participating in RACES may only transmit on the frequency segments 
authorized pursuant to part 214 of this chapter.
    (c) An amateur station registered with a civil defense organization 
may only communicate with the following stations upon authorization of 
the responsible civil defense official for the organization with which 
the amateur station is registered:
    (1) An amateur station registered with the same or another civil 
defense organization; and
    (2) A station in a service regulated by the FCC whenever such 
communication is authorized by the FCC.
    (d) All communications transmitted in RACES must be specifically 
authorized by the civil defense organization for the area served. Only 
civil defense communications of the following types may be transmitted:
    (1) Messages concerning impending or actual conditions jeopardizing 
the public safety, or affecting the national defense or security during 
periods of local, regional, or national civil emergencies;
    (2) Messages directly concerning the immediate safety of life of 
individuals, the immediate protection of property, maintenance of law 
and order, alleviation of human suffering and need, and the combating 
of armed attack or sabotage;
    (3) Messages directly concerning the accumulation and dissemination 
of public information or instructions to the civilian population 
essential to the activities of the civil defense organization or other 
authorized governmental or relief agencies; and

[[Page 78172]]

    (4) Communications for RACES training drills and tests necessary to 
ensure the establishment and maintenance of orderly and efficient 
operation of the RACES as ordered by the responsible civil defense 
organization served. Such drills and tests may not exceed a total time 
of 1 hour per week. With the approval of the chief officer for 
emergency planning in the applicable State, Commonwealth, District or 
territory, however, such tests and drills may be conducted for a period 
not to exceed 72 hours no more than twice in any calendar year.

[FR Doc. 2010-31349 Filed 12-14-10; 8:45 am]
BILLING CODE 6712-01-P