[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Proposed Rules]
[Pages 64947-64949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26201]
[[Page 64947]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[WT Docket Nos. 12-283 and 09-209, RM-11629 and RM-11625; FCC 12-121]
Amateur Service Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes to amend the amateur
radio service rules to grant examination credit for expired and beyond-
the-grace-period-for renewal amateur radio operator licenses; to
shorten the grace period during which an expired amateur license may be
renewed to 180 days; to revise the time a call sign is not available to
the vanity call sign system correspondingly; and to reduce to two the
number of volunteer examiners needed to administer an amateur license
examination. This document also asks for comment on amending the rules
to permit remote test administration, and proposes to amend the amateur
radio service rules to allow amateur stations to transmit certain
additional emission types.
DATES: Submit comments on or before December 24, 2012 and reply
comments are due January 22, 2013.
ADDRESSES: You may submit comments, identified by WT Docket No. 12-283;
FCC 12-121, 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 email: [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, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-0680, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking and Order (NPRM), in WT Docket No. 12-283, FCC
12-121, adopted October 1, 2012, and released October 2, 2012. 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.,
Room CY-A257, Washington, DC 20554, or by downloading the text from the
Commission's Web site at http://transition.fcc.gov/Daily_Releases/Daily_Digest/2012/dd121003.html. The complete text also may be
purchased from the Commission's duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street, Suite CY-B402, Washington,
DC 20554. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to [email protected] or calling the Consumer and
Government 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 that apply to examination credit for
amateur radio operator licenses, to shorten the grace period during
which an expired amateur license may be renewed, to reduce the number
of volunteer examiners needed to administer an amateur license
examination, and to allow amateur stations to transmit additional
emission types. The Commission found that certain provisions in the
rules applicable to the examination credit for an expired license treat
a former licensee differently than a licensee who passed the same
examination(s) but continuously renewed his or her license and that the
fact that an individual allowed his or her license to expire more than
two years ago does not necessarily mean that the person no longer
possess adequate knowledge of the subject. Specifically, the Commission
proposed in this NPRM to amend the amateur service rules to revise
Sec. 97.505 to require that volunteer examiners (VEs) give examination
credit to an applicant who can demonstrate that he or she formerly held
a particular class of amateur radio operator license. It also proposed
to reduce the grace period for renewal to six months (180 days), noting
that it believes 180 days is a sufficient period of time for
individuals who forget to renew or experience unforeseen difficulties
when renewing their licenses.
2. The Commission also proposed to reduce the number of VEs
required to administer an examination from three to two noting that
reducing the number of required VEs can increase the availability of
examination opportunities while not compromising the reasons the
Commission decided that more than one VE is necessary. It also noted
that in the years since the VE system was established, methods that
would allow a VE examiner to observe an examinee from afar have been
developed, such as audio and video links, either hard-wired to a site
or available through the use of wireless Internet or satellite
technologies, and it requested comment on whether it should amend
Section 97.509(c) to provide that, at the option of the administering
VEs and the VEC coordinating the examination session, the VEs may be
``present and observing'' an examinee for purposes of the rule when
they are using an audio and video system that can assure the proper
conduct and necessary supervision of each examination.
3. The Commission also proposed to amend Sec. 97.3(c)(5) to allow
emission type FXE as a phone emission and to amend Sec. 97.307(f)(8)
to allow emission type FXD as a data emission. It noted that this
proposed rule change would encourage licensees to more fully utilize
time division multiple access (TDMA) technologies in experimentation
and promote more efficient use of the radio spectrum currently
allocated to the amateur service.
I. Procedural Matters
A. Ex Parte Rules--Permit-but-Disclose Proceeding
4. 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
5. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may file comments on or before December 24,
2012, and reply comments are due January 22, 2013.
6. Commenters may file comments electronically using the
Commission's Electronic Comment Filing System (ECFS), the Federal
Government's eRulemaking Portal, or by filing paper copies. Commenters
filing through the ECFS can be sent as an electronic file via the
Internet to http://www.fcc.gov/e-file/ecfs.html. If multiple docket or
rulemaking numbers appear in the caption of this proceeding, filers
must transmit one electronic copy for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number. Commenters may
also submit an electronic comment by Internet
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email. To get filing instructions for email comments, commenters should
send an email to [email protected], and should include the following words
in the body of the message, ``get form.'' Commenters will receive a
sample form and directions in reply. Commenters filing through the
Federal eRulemaking Portal http://www.regulations.gov, should follow
the instructions provided on the Web site for submitting comments.
7. Commenters who chose to file paper comments must file an
original and four copies of each comment. 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. All filings must be sent to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission,
445 12th Street SW., Room TW-A325, Washington, DC 20554.
8. Commenters may send filings by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. The Commission's contractor will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 445 12th Street SW., Washington, DC 20554. Commenters must
bind all hand deliveries together with rubber bands or fasteners and
must dispose of any envelopes before entering the building. This
facility is the only location where the Commission's Secretary will
accept hand-delivered or messenger-delivered paper filings. Commenters
must send commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) to 9300 East Hampton Drive, Capitol
Heights, MD 20743. Commenters should address U.S. Postal Service first-
class mail, Express Mail, and Priority Mail to 445 12th Street SW.,
Washington, DC 20554.
C. Paperwork Reduction Act
9. 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
10. 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).
11. In this NPRM, we propose to amend the amateur service rules
applicable to the license examination system and to matters concerning
emission types that amateur stations may transmit. Because ``small
entities,'' as defined in the RFA, are not persons eligible for
licensing in the amateur service, these proposed rules do not apply to
``small entities.'' Rather, the rules apply exclusively to individuals
who currently are amateur service licensees and individuals who may be
interested in again becoming an amateur service licensee. Therefore, we
certify that the proposals in this Notice, if adopted, will not have a
significant economic impact on a substantial number of small entities.
III. Ordering Clauses
12. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rulemaking and Order, including the Initial Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 97
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission 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. Section 97.3 is amended by revising paragraph (c)(5) to read as
follows:
Sec. 97.3 Definitions.
* * * * *
(c) * * *
(5) Phone. Speech and other sound emissions having designators with
A, C, D, F, G, H, J or R as the first symbol; 1, 2, 3, or X as the
second symbol; E as the third symbol. Also speech emissions having B as
the first symbol; 7, 8 or 9 as the second symbol; E as the third
symbol. MCW for the purpose of performing the station identification
procedure, or for providing telegraphy practice interspersed with
speech. Incidental tones for the purpose of selective calling or
alerting or to control the level of a demodulated signal may also be
considered phone.
* * * * *
3. Section 97.19 is amended by revising paragraphs (c)(1) through
(3) to read as follows:
Sec. 97.19 Application for a vanity call sign.
* * * * *
(c) * * *
(1) A call sign shown on an expired license grant is not available
to the vanity call sign system for 180 days following the expiration of
the license.
(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 180 days 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 180 day 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 180 day 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
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is not available to the vanity call sign system for 180 days following
the person's death, or for 180 days following the expiration of the
license grant, whichever is sooner. If, however, a license is canceled
more than 150 days after 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 180
day period:
* * * * *
4. Section 97.21 is amended by revising paragraph (b) to read as
follows:
Sec. 97.21 Application for a modified or renewed license grant.
* * * * *
(b) A person whose amateur station license grant has expired may
apply to the FCC for renewal of the license grant for another term
during a 180-day filing grace period. The application must be received
at the address specified above prior to the end of the grace period.
Unless and until the license grant is renewed, no privileges in this
part are conferred.
* * * * *
5. Section 97.307 is amended by revising paragraphs (f)(8) and (10)
to read as follows:
Sec. 97.307 Emission standards.
* * * * *
(f) * * *
(8) A RTTY or data emission having designators with A, B, C, D, E,
F, G, H, J or R as the first symbol; 1, 2, 7, 9 or X as the second
symbol; and D or W as the third symbol is also authorized.
* * * * *
(10) A station having a control operator holding a Novice Class
operator license or a Technician Class operator license may only
transmit a CW emission using the international Morse code or phone
emissions J3E and R3E.
* * * * *
6. Section 97.505 is revised to read as follows:
Sec. 97.505 Element credit.
The administering VEs must give credit as specified below to an
examinee holding any of the following license grants or license
documents:
(a) An unexpired or expired FCC-granted Amateur Extra Class
operator license grant: Elements 2, 3, and 4.
(b) An unexpired or expired FCC-granted Advanced Class or General
Class operator license grant: Elements 2 and 3.
(c) An unexpired or expired FCC-granted Technician Class or
Technician Plus operator license document: Element 2.
(d) An expired FCC-issued Technician Class operator license
document granted before March 21, 1987; Element 3.
(e) A CSCE: Each element the CSCE indicates the examinee passed
within the previous 365 days.
7. Section 97.507 is amended by removing paragraph (d) and revising
paragraphs (a) introductory text, (a)(2), and (c) to read as follows:
Sec. 97.507 Preparing an examination.
(a) Each written question set administered to an examinee must be
prepared by a VE holding an Amateur Extra Class operator license. A
written question set may also be prepared for the following elements by
a VE holding an operator license of the class indicated:
* * * * *
(2) Element 2: Advanced, General, or Technician Plus Class
operators
* * * * *
(c) Each written question set administered to an examinee for an
amateur operator license must be prepared, or obtained from a supplier,
by the administering VEs according to instructions from the
coordinating VEC.
8. Section 97.509 is amended by removing and reserving paragraph
(g), and revising paragraphs (a), (f) and (i) to read as follows:
Sec. 97.509 Administering VE requirements.
(a) Each examination for an amateur operator license must be
administered by a team of at least 2 VEs at an examination session
coordinated by a VEC. The number of examinees at the session may be
limited.
* * * * *
(f) No examination that has been compromised shall be administered
to any examinee. The same question set may not be re-administered to
the same examinee.
(g) [Removed and Reserved]
* * * * *
(i) When the examinee is credited for all examination elements
required for the operator license sought, 2 VEs must certify that the
examinee is qualified for the license grant and that the VEs have
complied with these administering VE requirements. The certifying VEs
are jointly and individually accountable for the proper administration
of each examination element reported. The certifying VEs may delegate
to other qualified VEs their authority, but not their accountability,
to administer individual elements of an examination.
* * * * *
[FR Doc. 2012-26201 Filed 10-23-12; 8:45 am]
BILLING CODE 6712-01-P