[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Rules and Regulations]
[Pages 5406-5413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2477]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 97

[ET Docket No. 10-98; FCC 11-171]


Amateur Radio Use of the Allocation at 5 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to facilitate more 
efficient and effective use by the Amateur Radio Service of five 
channels in the 5330.5-5406.4 kHz band (the 60 meter band). 
Specifically, and consistent with our proposals in the Notice of 
Proposed Rulemaking in this proceeding, the Commission replaces one of 
the channels with a less encumbered one, increases the maximum 
authorized power amateur stations may transmit in this band, and 
authorizes amateur stations to transmit three additional emission 
designators. The Commission also adopts an additional operational rule 
that prohibits the use of automatically controlled digital stations and 
makes editorial revisions to the relevant portions of the Table of 
Frequency Allocations (Allocation Table) and our service rules.

DATES: Effective March 5, 2012.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, 202-418-2450, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 10-98, FCC 11-171, adopted November 16, 2011 
and released November 18, 2011. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street SW., 
Washington, DC 20554. The complete text of this document also 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: www.fcc.gov. People 
with Disabilities: To request materials in accessible formats for 
people with disabilities (braille, large print, electronic files, audio 
format), send an email to [email protected] or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary of Report and Order

    1. On May 4, 2010, the Commission issued an NPRM in this 
proceeding, in which it proposed to adopt the three rule modifications 
requested by the American Radio Relay League (ARRL). The Commission 
also identified and sought comment on four operational issues: (1) 
Would a transmission time limit help ensure that amateur operators 
transmitting the two data emissions avoid causing harmful interference 
to Federal users in instances where

[[Page 5407]]

Federal agencies exercise their primary use of the 60 meter band, and 
if so, would 3 minutes be sufficient, or is another limit more 
appropriate? (2) Should amateur stations be permitted to transmit 
emission types in addition to those proposed in the NPRM? (3) Would a 
Voice-Operated Transmit (VOX) mode of operation, which ARRL recommended 
that we require for amateur operators transmitting phone emissions, 
increase the potential for interference because of its susceptibility 
to keying a radio to transmit under high surrounding noise environments 
such as might be found in an emergency operations center? (4) Should 
amateur operators that provide emergency communications using the 60 
meter band be encouraged to add a sound card-generated Automatic Link 
Establishment (ALE) capability to their stations?
    2. The Commission first addresses the three key rule changes 
identified in the NPRM that can lead to more efficient and effective 
use of the 60 meter band by the Amateur Radio Service: replacing one 
channel, increasing power limits, and adding emission designators. The 
Commission then discusses modifications to specific operational rules, 
including several matters where it concludes that it is unnecessary to 
change the existing rules.

Replacement Channel

    3. In its petition, ARRL requested that the Commission replace one 
of the five channels in the 60 meter band (5368 kHz) with a channel 
(5358.5 kHz) that the National Telecommunications and Information 
Administration (NTIA) has identified. ARRL based its request on reports 
from amateur operators of frequent interference from a digital signal 
on the existing authorized channel. The Commission concludes that its 
proposal to replace the 5368 kHz channel with one centered on 5358.5 
kHz will benefit amateur operations in the 60 meter band and adopts 
this rule change.
    4. The Commission notes that three commenters suggest that the new 
channel should be an additional channel, not a replacement channel. 
Because the existing model of secondary amateur radio use of five 
channels is acceptable to the primary Federal users in the 60 meter 
band and was the basis of the discussions between ARRL and NTIA that 
formed the outline of our proposal, the Commission did not pursue this 
proposal.
    5. Finally, in considering those comments that discuss the 
adjustments that amateur radio operators and equipment manufacturers 
will need to make to use the replacement channel, the Commission 
concludes that proposed Sec.  97.303(h) requires a de minimis 
adjustment. This action ensures that a large installed base of 
equipment is not rendered technically out of compliance under our 
modified rules. Accordingly, the Commission amends footnote US381 and 
Sec.  97.303(h) by removing 5368 kHz, by adding the center (assigned) 
frequency 5358.5 kHz, and by defining the 60 meter band as the 5330.5-
5406.4 kHz band; and also amends Sec.  97.303(h) by adding carrier 
frequencies for each of the five channels in the 60 meter band that are 
1.5 kHz below the center frequency. In addition, the Commission 
renumbers footnote US381 as US23 to be consistent with its current 
numbering system for domestic footnotes that is based on frequency 
order.

Power Increase

    6. Section 97.313(i) states that no station may transmit with an 
effective radiated power (ERP) exceeding 50 W PEP on the 60 meter band 
and also provides a simplified means of calculating ERP. In the NPRM, 
the Commission proposed to increase the maximum ERP that amateur 
stations may transmit on channels in the 60 meter band from 50 to 100 W 
PEP. Based on the record, the Commission adopts its proposal.
    7. The Commission believes that the examples cited by the 
commenters offer compelling reasons to support its tentative conclusion 
that an increase in maximum power would serve to facilitate many 
amateur radio communications with minimal risk of harmful interference. 
It also rejects requests for higher power limits, such as 500 W PEP. 
There is no indication that a greater power limit would produce 
substantially greater benefits or that any increased potential for 
harmful interference at this power limit has been fully considered. 
Additionally, the Commission does not believe that it would be useful 
to complicate the rules by establishing different power limits for 
different circumstances, as some commenters suggest. Because the 
minimal 50 W PEP increase does not significantly increase the potential 
for interference between stations, such a distinction is not necessary 
or warranted. Just as with the existing 50 W PEP power limit, a 100 W 
limit that applies to all channels will be straightforward, easy to 
understand, and easy to apply. Thus, the Commission concludes that 
there is a tangible benefit--greater communication abilities that will 
enhance amateur emergency communication activities--that will accrue if 
it increase the power limit to 100 W PEP and that the record shows that 
the costs (i.e., the increased potential for harmful interference) are 
minimal. The Commission specifically rejects alternate options such as 
an even higher power increase or different power limits for different 
circumstances, because these options would introduce added costs--a 
significantly greater interference potential and added regulatory 
complexity--that would sharply reduce the overall benefits of the rule 
change.
    8. As part of its amendment of the transmitter power standard 
applicable to the 60 meter band, the Commission clarifies the second 
sentence in Sec.  97.313(i) by revising ``dipole'' to read ``half-wave 
dipole antenna,'' by removing unnecessary text, and by explicitly 
stating that a numeric gain of 1 is equivalent to 0 dBd. The Commission 
likewise corrects an errant cross-reference in Sec.  97.313(f) of its 
transmitter power rules that was introduced when it recently combined 
two footnotes.

Additional Emissions

    9. Under the existing rules, only upper sideband voice 
transmissions are permitted in the 60 meter band. In the NPRM, the 
Commission proposed to authorize the use of three additional emission 
designators in the band: CW emission 150HA1A, which is Morse telegraphy 
by means of on-off keying, and data emissions 2K80J2D and 60H0J2B. In 
Sec.  97.307(f)(14)(i) of the proposed rules, the Commission restricts 
emission designator 2K80J2D to data using PACTOR-III technique and 
emission designator 60H0J2B to data using PSK31 technique. The 
Commission also sought comment on whether amateur stations could be 
permitted to transmit emission types in addition to those requested by 
ARRL in the 60 meter band without increasing the likelihood of 
interference to primary users. As discussed, the Commission adopts its 
proposal to allow the use of the three additional emission designators.
    10. Emission Designators. Our proposal drew a wide range of 
responses. Although the majority of commenters fully or generally 
support the proposals that the Commission made in the NPRM, many 
commenters expressed concerns about some or all of the proposed new 
emission designators. Commenters were most supportive of the proposed 
addition of emission designators 150HA1A and 60H0J2B. By contrast, the 
proposal to add emission type 2K80J2D proved much more divisive. The 
record also includes a few

[[Page 5408]]

commenters who are skeptical that additional emission types are 
appropriate for the 60 meter band.
    11. Finally, some commenters suggest limiting some or all of the 
proposed emissions to a specified channel or channels within the 60 
meter band. While the specific channel use proposals vary by commenter, 
there is a general view among these commenters that such an approach 
would help offset possible interference between emission types or that 
a specific channel/mode assignment would promote efficiency.
    12. Specific Techniques of the Data Emissions. Commenters strongly 
believe that the use of the emission designators 60H0J2B and 2K80J2D 
should not be restricted to the specific techniques of PSK31 and 
PACTOR-III, respectively. This approach differs from what was proposed 
in the NPRM.
    13. The Commission adopts its proposal to authorize the use of 
three additional emission designators in the 60 meter band. These 
additional capabilities can serve to enhance amateur emergency 
communications and allow for greater experimentation in the band, and 
it believes that doing so is in the public interest. We note, however, 
that because ``emission J2B'' is specifically defined in part 97 of our 
rules to be a Radio Teletype (RTTY) emission, emission designator 
60H0J2B must be codified as a RTTY emission in order to provide for 
consistency within part 97 of our rules. Accordingly, the Commission 
authorizes control operators to transmit the following additional 
emission types and designators in the 60 meter band: CW emissions, 
limited to emission 150HA1A (i.e., Morse code telegraphy); data 
emissions, limited to emission 2K80J2D (exemplified by PACTOR-III); and 
RTTY emissions, limited to emission 60H0J2B (exemplified by PSK31).
    14. The Commission recognizes that many commenters are concerned 
that the addition of new emission types-- data emission types in 
general and PACTOR-III specifically--holds the risk of reducing the 
utility of these channels for many amateurs, especially for those who 
may not readily recognize data transmissions and may avoid use of the 
channels out of an abundance of caution. The Commission concludes that 
there are ways to minimize any potential disruption that the new 
emission types could cause. ARRL notes that amateur ``stations 
typically utilize relatively short transmissions in telegraphy and are 
able to manually detect the presence of a non-Amateur signal within the 
channel bandwidth while operating in that mode'' and that the ``same is 
true of 60H0J2B and 2K80J2D emissions, if careful manual operating 
practices are used.'' Moreover, ARRL commits to the necessary 
dissemination of ``best practices'' information to the amateur 
community on a timely basis and to the adoption and publication of a 
comprehensive band plan for these channels that will maintain maximum 
flexibility in Amateur use without interference. Lastly, the Commission 
adopts certain operational rules, which will serve to ensure that the 
new emission types are used in a manner that promotes continued shared 
use of the band by all.
    15. The Commission declines to adopt any emission designators 
beyond the three proposed in the NPRM. ARRL states that its discussions 
with NTIA about the additional emission types were very specific and 
what was endorsed by NTIA was very specifically limited to the three 
additional emissions requested in its petition and no others. The 
Commission agrees that this is the best course, as it is consistent 
with existing understandings between Federal and amateur radio 
interests. Similarly, it does not find it necessary to modify the band 
plan by, for example, requiring that certain emission types be used on 
specified channels or during specified emergency events. The Commission 
believes that ARRL and the amateur community can work within the 
framework we establish to promote continued cooperative use of the 60 
meter band and that the imposition of such complex and burdensome 
channel and emission use restrictions is unnecessary. In sum, the 
additional emission designators will benefit the amateur radio 
community by providing new opportunities to use the 60 meter band. 
While the Commission recognizes that this added flexibility means that 
some users could face reduced utility of the band for certain emission 
types, we are confident that any detrimental impact can be avoided if 
the amateur radio community continues its legacy of following best 
practices and exercising sound judgment in sharing the available 
spectrum.
    16. Finally, the Commission agrees with commenters that limiting 
digital operation to a specific technique discourages the further 
development of additional techniques, which may be more efficient than 
those currently in use. Therefore, the Commission authorizes an amateur 
station transmitting RTTY emission 60H0J2B or data emission 2K80J2D to 
use any unspecified digital code, subject to the requirements of Sec.  
97.309(b). The Commission amended Sec.  97.305(c) by inserting the 60 
meter band entry, which lists ``Phone, RTTY, data'' under the heading 
``Emission types authorized.'' In addition, it amended Sec.  97.307 by 
adding new paragraph (f)(14) to list the emission types and designators 
and other restrictions.

Operational Requirements

    17. Transmission time limit. The Commission also sought comment on 
whether to adopt a rule addressing transmission time limits. The 
existing rules address station identification and require each amateur 
station operating on the 60 meter band to transmit its assigned call 
sign on its transmitting channel at the end of each communication, and 
at least every ten minutes during a communication, for the purpose of 
making the source of the transmissions from the station clearly known. 
The Commission proposed, at a minimum, to add a rule stating that 
``[t]he control operator of a station transmitting data emissions must 
exercise care to limit the length of transmission so as to avoid 
causing harmful interference to United States Government stations'' but 
also asked whether codifying a specific time limit would help ensure 
that amateur licensees avoid causing harmful interference to primary 
Federal users.
    18. The Commission declines to adopt a specific limit on 
transmission length and adopts the more general rule language that it 
proposed. Based on the clear history of successful amateur service 
sharing of the 60 meter band and the lack of a consensus among the 
commenters, the Commission finds that there is no need to adopt a 
specific time limit. It believes that the existing station 
identification rule and the new rule text, together with good amateur 
radio practice and the instruction and support of ARRL (including its 
anticipated ``best practices'' guide), will ensure that amateur radio 
operators using the data and RTTY emissions do not cause harmful 
interference to primary Federal users. Accordingly, the Commission 
amends footnote US381 (renumbered herein as US23) and Sec.  
97.307(f)(14)(ii)(B) by adding the proposed sentences (except that RTTY 
emissions are listed separately from data emissions).
    19. Automatically Controlled Digital Stations. Section 97.221(c) 
permits automatic control of an amateur station while transmitting a 
RTTY or data emission and Sec.  97.109 states that when a station is 
being automatically controlled, the control operator is not required to 
be at the control point. Commenters express concern that data 
emissions--in particular, PACTOR-III--may not effectively detect upper

[[Page 5409]]

sideband (USB) emissions in progress and inhibit or cease transmissions 
when necessary when they are operating as automatic, unattended data 
stations. ARRL states that amateur stations typically utilize 
relatively short transmissions in telegraphy and are able to manually 
detect the presence of a non-amateur signal within the channel 
bandwidth while operating in that mode and that the same would be true 
of 60H0J2B and 2K80J2D emissions, if careful ``manual'' operating 
practices are used. The Commission finds merit in the commenters' 
concerns and concludes that ARRL's underlying assumption that stations 
transmitting data emissions are not under automatic control should be 
incorporated in the Commission's rules as part of its decision to add 
new data emission types. The Commission's prohibition on automatically 
controlled stations will also help ensure that when Federal agencies 
need to exercise their primary use of the 60 meter band frequencies, 
amateur licensees will be better positioned to avoid causing harmful 
interference and it included this restriction in Sec.  97.221(c).
    20. Operation on Channel Centers. Section 97.303(h) currently 
requires that amateur operators ensure that their station's 
transmission occupies only 2.8 kHz centered at each of the five center 
frequencies. The NPRM proposed that, for amateur stations transmitting 
CW emissions and PSK31 data emissions, the carrier frequency shall be 
set to the center frequency. NTIA has requested that the Commission 
continue to restrict amateur service transmissions in this manner.
    21. The Commission adopts the center frequency requirement as 
proposed in the NPRM. Because the amateur service operates in the 60 
meter band on a secondary basis, the Commission pays particular 
attention to NTIA's position and the interests of Federal agencies that 
have primary status in the band. The Commission concludes that 
continuing to restrict amateur stations to transmitting on the center 
frequencies will maintain the limited number of amateur operators using 
the five channels at any given time and provide certainty as to where 
such operations can be found. By not upsetting the expectations of the 
Federal users of the band, it is confident that they will be able to 
immediately reclaim these frequencies from secondary amateur radio 
operations, if and when necessary. Accordingly, the Commission amends 
Sec.  97.303(h) to specify that control operators of stations 
transmitting phone, data, and RTTY emissions (emission designators 
2K80J3E, 2K80J2D, and 60H0J2B, respectively) may set the carrier 
frequency 1.5 kHz below the center frequency, and that, for stations 
transmitting CW emissions (emission designator 150HA1A), the carrier 
frequency is set to the center frequency.
    22. VOX Requirement. The Commission requested comment on whether 
amateur operators should be required to use VOX in the phone emission 
mode, which ARRL stated would permit a Federal user to interrupt an 
amateur station's transmission quickly and easily without waiting for 
an unpredictable end of the transmission. The Commission specifically 
sought comment on whether a VOX mode of operation might increase the 
potential for interference because of its susceptibility to keying a 
radio to transmit under high surrounding noise environments such as 
might be found in an emergency operations center.
    23. The Commission agrees with the majority of commenters that 
improper operation of VOX would cause increased interference, and it 
therefore declines to require the use of VOX by amateur stations 
transmitting a phone emission in the 60 meter band. Moreover, amateur 
communications in the 60 meter band already successfully co-exist 
without a VOX requirement, and the Commission sees no reason why this 
cannot continue. The Commission will rely on control operators to 
choose between PTT and VOX operations, based on their abilities, 
equipment, and operating conditions.
    24. ALE Capability. At the request of NTIA, the Commission 
solicited comment on whether amateur operators that provide emergency 
communications using the 60 meter band should be encouraged to add a 
sound card generated ALE capability to their stations. ALE is a 
standard for initiating and sustaining communications using High 
Frequency (HF) radio.
    25. The Commission recognizes that ALE allows emergency control 
operators to use multiple channels efficiently and reduces the time 
spent trying to connect with another station. However, it also shares 
commenters' concerns that there is a potential for channel 
monopolization due to periodic transmissions, which are not subject to 
manual control, and that users who do not have ALE capability may have 
no way of determining who is interfering with their operation. ARRL 
takes no position on whether we should encourage amateur operators to 
add ALE capability to their stations but does state that it would not 
support modifying the Commission's Rules to specifically require ALE. 
One commenter states that the inclusion of ALE on 60 meters is a larger 
issue and ought to be addressed in a separate proceeding that considers 
amateur ALE operation in general. The Commission further notes that 
ARRL and local emergency management agencies already have the latitude 
to encourage--and indeed require--that participants in specialized 
emergency communications programs (such as the Radio Amateur Civil 
Emergency Service (RACES) and Amateur Radio Emergency Service (ARES)) 
add a sound card-generated ALE capability to their stations. Because 
there is no consensus in the record, nor evidence that adding ALE will 
be beneficial in all situations, the Commission declines to make any 
recommendation as to its use as part of this proceeding.
    26. Additional Issues Raised by Commenters. Finally, the Commission 
briefly discusses three issues raised by commenters that fall outside 
the scope of this proceeding, are not necessary to grant the relief 
sought by ARRL, or that are already provided for in our current rules. 
Commenters request that the Commission investigate expanding the 60 
meter band allocation beyond the five channels that are currently 
allocated. The Commission notes that NTIA has recently indicated that 
it cannot support ARRL's request for a secondary amateur service 
allocation of 50 kilohertz near 5 MHz, and it did not propose such an 
action in the NPRM. One commenter recommends that, for routine 
messages, any one transmission of the two digital mode emissions be 
restricted to three hundred characters and that any one transmission of 
CW be restricted to 40 characters. No other party raised this issue, it 
was not within the scope of the NPRM, and it is not directly germane to 
providing the relief sought by ARRL. Lastly, commenters requested that 
the Commission allow antenna tuning transmissions. This type of 
transmitting is already authorized pursuant to Sec.  97.305(b), which 
authorizes amateur stations to transmit test emissions on HF and MF 
frequencies to, among other purposes, match transmitters to antennas.

Final Regulatory Flexibility Certification

    27. The Regulatory Flexibility Act of 1980, as amended (RFA),\1\ 
requires that an initial regulatory flexibility analysis be prepared 
for notice and comment rulemaking proceedings, unless the agency 
certifies that ``the rule will not,

[[Page 5410]]

if promulgated, have a significant economic impact on a substantial 
number of small entities.'' \2\ The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \3\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\4\ 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).\5\
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    \1\ The RFA, see 5 U.S.C. 601-612, has been amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \5\ 15 U.S.C. 632.
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    28. In this Report and Order, the Commission amends the amateur 
service rules in order to replace one of the channels in the 60 meter 
band with a less encumbered channel, to provide for additional emission 
designators, and to increase the maximum authorized power. Because 
``small entities,'' as defined in the RFA, are not persons eligible for 
licensing in the amateur service, the proposed changes to Part 97 do 
not apply to ``small entities.'' Rather, they apply exclusively to 
individuals who are the control operators of amateur radio stations.
    29. As of April 1, 2011, the Commission has issued the following 
types of licenses in the 5330.5-5406.4 kHz band (60 meter band): (1) 91 
call signs to 41 licensees in the Conventional Industrial/Business Pool 
Radio Service (IG); (2) five call signs to four licensees in the 
Coastal Group Radio Service (MC); and (3) one call sign in the 
Aeronautical and Fixed Radio Service (AF).
    30. IG Licensees. We note that, while the 91 call signs list the 
5005-5450 kHz band, these IG licensees are actually authorized to 
operate only on the 13 carrier frequencies (with a maximum necessary 
bandwidth of 2.8 kHz) listed in footnote US22 of the Allocation Table 
(i.e., 5046.6, 5052.6, 5055.6, 5061.6, 5067.6, 5074.6, 5099.1, 5102.1, 
5135, 5140, 5192, 5195, and 5313.6 kHz) and that none of these 
frequencies are within the 60 meter band. Therefore, we find that the 
41 IG licensees are not affected by the rule changes that we adopt 
today.
    31. MC Licensees. With regard to the four MC licensees (Globe 
Wireless, CruiseEmail, XNet Yacht Association, and Richard C Giddings), 
we note that only one licensee is authorized to transmit within the 
allocated channel bandwidth of a 60 meter band frequency. Specifically, 
CruiseEmail is authorized (pursuant to call sign KDS) to operate a 
public coast station (station class FC) in Olympia, Washington. We note 
that the necessary bandwidth (5330-5332.8 kHz) of this primary station 
overlaps the 5332 kHz channel (5330.6-5333.4 kHz), which is allocated 
to the amateur service on a secondary basis.
    32. AF Licensees. With regard to the sole AF licensee, we note that 
this licensee (Aviation Spectrum Resources Inc) is authorized (pursuant 
to call sign KNE96) to operate at the Agana NAS Guam International 
Airport in Agana, Guam. We further note that the necessary bandwidth 
(5370-5372.8 kHz) of this primary aeronautical fixed station (station 
class AX) overlaps the 5373 kHz channel (5371.6-5374.4 kHz), which is 
allocated to the amateur service on a secondary basis.
    33. Accordingly, the Commission certifies that the rules adopted in 
this Report and Order will not have a significant economic impact on a 
substantial number of small entities. The Commission will send a copy 
of this Report and Order including a copy of this Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
SBA.\6\
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    \6\ See 5 U.S.C. 605(b).
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Congressional Review Act

    34. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    35. Pursuant to Sections 4(i), 301, 302(a), 303(c), 303(f), 303(g), 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 301, 302a(a) 303(c), 303(f), 303(g), and 303(r), this Report 
and Order is adopted and parts 2 and 97 of the Commission's Rules are 
amended as set forth in Final Rules, effective March 5, 2012.
    36. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.

Report to Congress

    37. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act.\7\ In addition, the Commission will send a 
copy of the Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the SBA.\8\
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    \7\ See 5 U.S.C. 801(a)(1)(A).
    \8\ See 5 U.S.C. 604(b).
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Ordering Clauses

List of Subjects in 47 CFR Parts 2 and 97

    Communications equipment, Radio.


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 97 to read as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.106, the Table of Frequency Allocations, is amended to 
read as follows.
0
a. Page 8 is revised.
0
b. In the list of United States (US) Footnotes, footnote US23 is added 
and footnote US381 is removed.


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    The additions and revisions read as follows:
BILLING CODE 6712-01-P

[[Page 5411]]

[GRAPHIC] [TIFF OMITTED] TR03FE12.025

BILLING CODE 6712-01-C
    United States (US) Footnotes

[[Page 5412]]

* * * * *
    US23 In the band 5330.5-5406.4 kHz (60 m band), the assigned 
frequencies 5332, 5348, 5358.5, 5373, and 5405 kHz are allocated to the 
amateur service on a secondary basis. Amateur service use of the 60 m 
band frequencies is restricted to a maximum effective radiated power of 
100 W PEP and to the following emission types and designators: phone 
(2K80J3E), data (2K80J2D), RTTY (60H0J2B), and CW (150HA1A). Amateur 
operators using the data and RTTY emissions must exercise care to limit 
the length of transmissions so as to avoid causing harmful interference 
to Federal stations.
* * * * *

PART 97--AMATEUR RADIO SERVICE

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


Sec.  97.221  Automatically controlled digital station.

* * * * *
    (c) Except for channels specified in Sec.  97.303(h), a station may 
be automatically controlled while transmitting a RTTY or data emission 
on any other frequency authorized for such emission types provided 
that:
    (1) The station is responding to interrogation by a station under 
local or remote control; and
    (2) No transmission from the automatically controlled station 
occupies a bandwidth of more than 500 Hz.

0
5. Section 97.303 is amended by revising paragraph (h) to read as 
follows.


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (h) 60 m band: (1) In the 5330.5-5406.4 kHz band (60 m band), 
amateur stations may transmit only on the five center frequencies 
specified in the table below. In order to meet this requirement, 
control operators of stations transmitting phone, data, and RTTY 
emissions (emission designators 2K80J3E, 2K80J2D, and 60H0J2B, 
respectively) may set the carrier frequency 1.5 kHz below the center 
frequency as specified in the table below. For CW emissions (emission 
designator 150HA1A), the carrier frequency is set to the center 
frequency. Amateur operators shall ensure that their emissions do not 
occupy more than 2.8 kHz centered on each of these center frequencies.

                       60 M Band Frequencies (kHz)
------------------------------------------------------------------------
                         Carrier                              Center
------------------------------------------------------------------------
5330.5..................................................          5332.0
5346.5..................................................          5348.0
5357.0..................................................          5358.5
5371.5..................................................          5373.0
5403.5..................................................          5405.0
------------------------------------------------------------------------

     (2) Amateur stations transmitting on the 60 m band must not cause 
harmful interference to, and must accept interference from, stations 
authorized by:
    (i) The United States (NTIA and FCC) and other nations in the fixed 
service; and
    (ii) Other nations in the mobile except aeronautical mobile 
service.
* * * * *

0
6. Section 97.305 is amended by revising the table in paragraph (c) by 
inserting the new entry ``60 m'' between the ``75 m'' and ``40 m'' 
entries to read as follows.


Sec.  97.305  Authorized emission types.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                      Emission types        Standards see Sec.
          Wavelength band                    Frequencies                authorized         97.307(f), paragraph:
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
HF:
    80 m...........................  Entire band................  RTTY, data............  (3), (9).
    75 m...........................  Entire band................  Phone, image..........  (1), (2).
    60 m...........................  5.332, 5.348, 5.3585, 5.373  Phone, RTTY, data.....  (14).
                                      and 5.405 MHz.
    40 m...........................  7.000-7.100 MHz............  RTTY, data............  (3), (9).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
7. Section 97.307 is amended by adding paragraph (f)(14) to read as 
follows.


Sec.  97.307  Emission standards.

* * * * *
    (f) * * *
    (14) In the 60 m band:
    (i) A station may transmit only phone, RTTY, data, and CW emissions 
using the emission designators and any additional restrictions that are 
specified in the table below (except that the use of a narrower 
necessary bandwidth is permitted):

                                         60 M Band Emission Requirements
----------------------------------------------------------------------------------------------------------------
          Emission type           Emission designator                        Restricted to:
----------------------------------------------------------------------------------------------------------------
Phone...........................  2K80J3E............  Upper sideband transmissions (USB).
Data............................  2K80J2D............  USB (for example, PACTOR-III).
RTTY............................  60H0J2B............  USB (for example, PSK31).
CW..............................  150HA1A............  Morse telegraphy by means of on-off keying.
----------------------------------------------------------------------------------------------------------------

     (ii) The following requirements also apply:
    (A) When transmitting the phone, RTTY, and data emissions, the 
suppressed carrier frequency may be set as specified in Sec.  
97.303(h).

[[Page 5413]]

    (B) The control operator of a station transmitting data or RTTY 
emissions must exercise care to limit the length of transmission so as 
to avoid causing harmful interference to United States Government 
stations.


0
8. Section 97.313 is amended by revising paragraphs (f) and (i) to read 
as follows.


Sec.  97.313  Transmitter power standards.

* * * * *
    (f) No station may transmit with a transmitter power exceeding 50 W 
PEP on the UHF 70 cm band from an area specified in paragraph (a) of 
footnote US270 in Sec.  2.106, unless expressly authorized by the FCC 
after mutual agreement, on a case-by-case basis, between the District 
Director of the applicable field facility and the military area 
frequency coordinator at the applicable military base. An Earth station 
or telecommand station, however, may transmit on the 435-438 MHz 
segment with a maximum of 611 W effective radiated power (1 kW 
equivalent isotropically radiated power) without the authorization 
otherwise required. The transmitting antenna elevation angle between 
the lower half-power (-3 dB relative to the peak or antenna bore sight) 
point and the horizon must always be greater than 10[deg].
* * * * *
    (i) No station may transmit with an effective radiated power (ERP) 
exceeding 100 W PEP on the 60 m band. For the purpose of computing ERP, 
the transmitter PEP will be multiplied by the antenna gain relative to 
a half-wave dipole antenna. A half-wave dipole antenna will be presumed 
to have a gain of 1 (0 dBd). Licensees using other antennas must 
maintain in their station records either the antenna manufacturer's 
data on the antenna gain or calculations of the antenna gain.
* * * * *
[FR Doc. 2012-2477 Filed 2-2-12; 8:45 am]
BILLING CODE 6712-01-P