[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Proposed Rules]
[Pages 85171-85172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26769]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[WT Docket No. 16-239; FCC 23-93; FR ID 188661]


Amateur Radio Service Rules To Permit Greater Flexibility in Data 
Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopted a Further Notice of Proposed Rulemaking (FNPRM) 
that proposes to remove the baud rate limitation in the 135.7-137.8 kHz 
(2200 meter band), 472-479 kHz (630 meter band), the very high 
frequency (VHF) bands, and the ultra-high frequency (UHF) band in the 
amateur radio service. The VHF bands with baud rates are the 6 meter 
band (50.1-51.0 MHz), (51.0-54.0 MHz); 2 meter band (144.1-148.0 MHz); 
and the 1.25 meter band (222-225 MHz). The UHF band with a baud rate is 
the 70 centimeter band (420-450 MHz). Additionally, the FNPRM proposes 
to maintain the existing bandwidth limitations in the Commission's 
rules for these VHF/UHF bands and seeks comment on the appropriate 
bandwidth limitation for the 2200 meter and 630 meter bands.

DATES: Comments due on or before January 8, 2024; reply comments due on 
or before January 22, 2024.

ADDRESSES: You may submit comments, identified by WT Docket No. 16-239, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent 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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    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).

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Nellie Foosaner of the Wireless Telecommunications 
Bureau, Mobility Division, at (202) 418-2925 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking, in WT Docket No. 16-239; FCC 23-
93, adopted on November 13, 2023, and released on November 13, 2023. 
The full text of this document is available for public inspection 
online at https://docs.fcc.gov/public/attachments/FCC-23-93A1.pdf.

Synopsis

    1. On November 13, 2023 the Commission adopted a Report and Order 
eliminating the baud rate applicable to certain amateur radio bands and 
implementing a 2.8 kHz bandwidth limitation in the applicable bands. 
There are multiple bands in the amateur radio service that have baud 
rate limitations and were not discussed in the Notice of Proposed 
Rulemaking (NPRM) underlying the Report and Order. Two bands--135.7-
137.8 kHz (2200 meter) and 472-479 kHz (630 meter)--were allocated for 
use in the amateur radio service after the Commission released the NPRM 
in 2016. There are also multiple very high frequency (VHF) bands and 
one ultra-high frequency (UHF) band that have baud rate limitations. In 
the Further Notice of Proposed Rulemaking (FNPRM) the Commission 
proposes to remove the baud rate limitation in the two bands allocated 
for amateur radio use after the Commission released the NPRM in 2016 
and in the VHF/UHF bands. Additionally, the Commission seeks comment on 
the appropriate bandwidth limitation for the 2200 meter and 630 meter 
bands, and proposes to maintain the existing bandwidth limitations in 
the Commission's rules for VHF/UHF bands.
    2. In 2016, the Commission released the NPRM seeking comment on 
eliminating the baud rate limit in certain amateur bands and amending 
part 97 of the Commission's rules accordingly. The NPRM also 
tentatively concluded that a 2.8 kilohertz bandwidth limitation for 
RTTY and data emissions in the MF/HF bands was not necessary, but 
sought comment on this conclusion. The NPRM did not seek comment on 
eliminating the baud rate limit in the VHF or UHF bands allocated for 
amateur radio service. In 2017, the Commission adopted rules permitting 
fixed amateur radio operations in 135.7-137.8 kHz (2200 meter) and 472-
479 kHz (630 meter) bands. These bands are allocated to the amateur 
radio service on a secondary basis. Consistent with the part 97 rules 
in effect for other amateur bands at that time, the Commission adopted 
a 300 baud rate limitation for both the 2200 meter band and the 630 
meter band.
    3. For the reasons outlined in the Report and Order, the Commission 
tentatively concludes that it should eliminate the baud rate limitation 
in the 2200 meter and 630 meter bands as well as the VHF and UHF 
amateur radio bands. These bands present the same technological 
opportunities for experimentation and innovation as the amateur radio 
service bands that are the subject of the Report and Order and likewise 
will be limited if a baud rate limitation is allowed to remain for 
these bands. Concomitantly, the Commission seeks comment on the 
appropriate bandwidth limitation for the 2200 meter band and the 630 
meter band as well as on maintaining the bandwidth limitations already 
in the VHF and UHF bands. The Commission specifically seeks comment on 
these proposals. Alternatively, should it consider changing any of the 
existing bandwidth limitations in the VHF and UHF bands allocated to 
the amateur radio service? Commenters seeking to modify existing 
bandwidth limitations must provide support for the modification, 
including any associated costs and benefits. Commenters should focus 
their comments on the VHF and UHF bands and the 2200 meter band and the 
630

[[Page 85172]]

meter band that were allocated for amateur radio service after the 
release of the NPRM. The Commission does not seek comment on other, 
unrelated issues in the docket at this time.
    4. Digital Equity and Inclusion. Finally, the Commission, as part 
of its continuing effort to advance digital equity for all, including 
people of color, persons with disabilities, persons who live in rural 
or Tribal areas, and others who are or have been historically 
underserved, marginalized, or adversely affected by persistent poverty 
or inequality, invites comment on any equity-related considerations and 
benefits (if any) that may be associated with the proposals and issues 
discussed herein. Specifically, the Commission seeks comment on how our 
proposals may promote or inhibit advances in diversity, equity, 
inclusion, and accessibility, as well the scope of the Commission's 
relevant legal authority.

Procedural Matters

    5. Regulatory Flexibility Certification. The Regulatory Flexibility 
Act of 1980, as amended (RFA) requires that an agency prepare a 
regulatory flexibility analysis for notice and comment rulemakings, 
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).
    6. In the FNPRM, the Commission proposes to amend the amateur 
service rules to change technical rules applicable to data emissions 
that an amateur radio operator may use in his or her communications 
with other amateur radio operators in the 135.7-137.8 kHz (2200 meter) 
and 472-479 kHz (630 meter) bands, and VHF and UHF bands. As discussed 
above, the RFA's definition of ``small entities'' does not include a 
``person'' or an individual, as the terms are used in this proceeding. 
As a result, the proposed rules do not apply to ``small entities,'' but 
instead apply exclusively to individuals who hold certain Commission 
authorizations. Accordingly, applying the statutorily mandated criteria 
the Commission concludes and, therefore, certifies in this Initial 
Regulatory Flexibility Certification, that the rules adopted in the 
FNPRM will not have a significant economic impact on a substantial 
number of small entities.
    7. The Commission will send copies of the FNPRM, including copies 
of the Initial Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the SBA.
    8. Paperwork Reduction Act. This document does not contain proposed 
information collection(s) subject to the Paperwork Reduction Act of 
1995 (PRA), Public Law 104-13. In addition, therefore, it does not 
contain any new or modified 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).
    9. Providing Accountability Through Transparency Act: The Providing 
Accountability Through Transparency Act requires each agency, in 
providing notice of a rulemaking, to post online a brief plain-language 
summary of the proposed rule. Accordingly, the Commission will publish 
the required summary of this Further Notice of Proposed Rulemaking on 
https://www.fcc.gov/proposed-rulemakings.

Ordering Clauses

    10. Accordingly, it is ordered that, pursuant to Sections 4(i), 5, 
303(r), and 403 of the Communications Act of 1934, 47 U.S.C. 154(i), 
155, 303(r), and 403 of the Commission's rules, that this Further 
Notice of Proposed Rulemaking is hereby adopted. Proceeding RM-11708 is 
terminated.
    11. It is further ordered that the Office of the Secretary, 
Reference Information Center, shall send a copy of the Further Notice 
of Proposed Rulemaking 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 Dortch,
Secretary.

Proposed Rules

    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

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  47 U.S.C. 151-155, 301-609, unless otherwise noted.

0
2. Section 97.307 is amended by revising paragraphs (f)(3), (5), and 
(6) to read as follows:


Sec.  97.307  Emission standards.

* * * * *
    (f) * * *
    (3) Only a RTTY or data emission using a specified digital code 
listed in Sec.  97.309(a) may be transmitted.
* * * * *
    (5) A RTTY, data or multiplexed emission using a specified digital 
code listed in Sec.  97.309(a), or using an unspecified digital code 
under the limitations listed in Sec.  97.309(b), may be transmitted. 
The authorized bandwidth is 20 kHz.
    (6) A RTTY, data or multiplexed emission using a specified digital 
code listed in Sec.  97.309(a), or using an unspecified digital code 
under the limitations listed in Sec.  97.309(b), may be transmitted. 
The authorized bandwidth is 100 kHz.
* * * * *
[FR Doc. 2023-26769 Filed 12-6-23; 8:45 am]
BILLING CODE 6712-01-P