[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85126-85129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26770]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 97

[WT Docket No. 16-239; FCC 23-93; FR ID 188673]


Amateur Radio Service Rules To Permit Greater Flexibility in Data 
Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) amends its amateur radio rules to eliminate the 
limitations on the symbol rate (also known as baud rate)--the rate at 
which the carrier waveform amplitude, frequency, and/or phase is varied 
to transmit information--applicable to data emissions in certain 
amateur bands. In place of the baud rate, the Commission sets a 
bandwidth limitation of 2.8 kilohertz in the respective amateur bands, 
consistent with the Commission's treatment of other wireless radio 
services, which also have service-specific bandwidth limitations. This 
bandwidth limitation will promote continued sharing in these amateur 
bands.

DATES: Effective January 8, 2024.

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 Order, 
in WT Docket No. 16-239; FCC 23-93, adopted and released on November 
13, 2023. The full text of this document is available online at https://docs.fcc.gov/public/attachments/FCC-23-93A1.pdf. The Commission will 
send a copy of this Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

Synopsis

    1. In this Report and Order, the Commission removes limitations on 
the symbol rate (also known as baud rate)--the rate at which the 
carrier waveform amplitude, frequency, and/or phase is varied to 
transmit information--applicable to data emissions in certain amateur 
bands. The Commission removes this outdated restriction to allow the 
amateur radio community to operate more efficiently, including in 
support of emergency situations when appropriate. Bands with a 300 baud 
rate limitation that the Commission eliminates in this Report and Order 
are: 160 meter band; 80 meter band; 40 meter band segments 7.000-7.100 
MHz and 7.100-7.125 MHz; 30 meter band; 20 meter band segment 14.00-
14.15 MHz; 17 meter band segment 18.068-18.110 MHz; 15 meter band 
segment 21.0-21.2 MHz; 12 meter band segment 24.89-24.93 MHz. The 10 
meter band segment 28.0-28.3 MHz has a 1200 baud rate limitation that 
the Commission eliminates in this Report and Order. The Commission 
adopts a 2.8 kilohertz bandwidth limitation in place of the baud rate 
limitation applicable to the following amateur radio bands: 160 meter 
band; 80 meter band; 40 meter band, segments 7.000-7.100 MHz and 7.100-
7.125 MHz; 30 meter band; 20 meter band, segment 14.00-14.15 MHz; 17 
meter band, segment 18.068-18.110

[[Page 85127]]

MHz; 15 meter band segment 21.0-21.2 MHz; 12 meter band segment 24.89-
24.93 MHz; and 10 meter band, segment 28.0-28.3 MHz. The Report and 
Order finds that without a baud rate or bandwidth limit, data stations 
using a large amount of spectrum for a single emission could do so to 
the detriment of simultaneous use by other stations using narrowband 
emission modes. The Report and Order also makes non-substantive edits 
to the two rule sections the Commission is otherwise revising, 
Sec. Sec.  97.305 and 97.307, to conform to the current stylistic 
requirements of the Federal Register Document Drafting Handbook.

Procedural Matters

    2. 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).
    3. As required by the RFA, an Initial Regulatory Flexibility 
Certification (IRFC) was incorporated in the Notice of Proposed 
Rulemaking (NPRM) in this proceeding. In the NPRM, the Commission 
certified that because the proposed amendments to amateur service rules 
changing a technical rule applicable to data emissions that an amateur 
radio operator may use in his or her communications with other amateur 
radio operators applied exclusively to individuals holding certain 
Commission authorizations, rather than ``small entities,'' as defined 
in the RFA, the NPRM would not have a significant economic impact on a 
substantial number of small entities. The Commission sought written 
public comment on the proposals in the NPRM including comment on the 
IRFC. No comments were filed addressing the IRFC. The two statutorily-
mandated criteria to be applied in determining the need for an RFA 
analysis are: (1) whether the proposed rules, if adopted, would have a 
significant economic effect; and (2) if so, whether the economic effect 
would directly affect a substantial number of small entities. In the 
Report and Order, the Commission amends the amateur service rules to 
change the technical rules applicable to data emissions an amateur 
radio operator may use in his or her communications with other amateur 
radio operators. 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 rules do not apply to ``small entities,'' 
but instead apply exclusively to individuals who hold certain 
Commission authorizations. Accordingly, based on the Commission's 
application of the statutorily-mandated criteria it concludes, and 
therefore certifies in this Final Regulatory Flexibility Certification, 
that the rules adopted in this Report and Order will not have a 
significant economic impact on a substantial number of small entities.
    4. The Commission will send copies of the Report and Order, 
including copies of the Final Regulatory Flexibility Certification, to 
the Chief Counsel for Advocacy of the SBA. The Final Regulatory 
Flexibility Certification will also be published in the Federal 
Register.
    5. 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(copyright)(4).
    6. Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of this Report and Order to Congress and 
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    7. 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 Report and 
Order is hereby adopted. Proceeding RM-11708 is terminated.
    8. 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 Report and 
Order is hereby adopted. Proceeding RM-11708 is terminated.
    9. It is further ordered that part 97 of the Commission's rules IS 
AMENDED as set forth in the Appendix, effective 30 days after 
publication in the Federal Register.
    10. It is further ordered that the Office of the Managing Director, 
Performance Program Management, shall send a copy of this Report & 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).
    11. It is further ordered that the Office of the Secretary, 
Reference Information Center, shall send a copy of the Report and Order 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    12. It is further ordered that part 97 of the Commission's rules is 
amended as set forth in the Appendix, effective 30 days after 
publication in the Federal Register.
    13. It is further ordered that the Office of the Managing Director, 
Performance Program Management, shall send a copy of this Report & 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).
    14. It is further ordered that the Office of the Secretary, 
Reference Information Center, shall send a copy of the Report and Order 
including the Final 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.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 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 97.305 is amended by revising paragraph (c) to read as 
follows:


Sec.  97.305  Authorized emission types.

* * * * *

[[Page 85128]]

    (c) A station may transmit the following emission types on the 
frequencies indicated, as authorized to the control operator, subject 
to the standards specified in Sec.  97.307(f):

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                                                            Emission types        Standards see Sec.   97.307,
        Wavelength band               Frequencies             authorized                 paragraph(s):
----------------------------------------------------------------------------------------------------------------
(1) LF:
    (i) 2200 m................  Entire band...........  RTTY, data...........  (f)(3).
    (ii) 2200 m...............  Entire band...........  Phone, image.........  (f)(1), (2).
(2) MF:
    (i) 630 m.................  Entire band...........  RTTY, data...........  (f)(3).
    (ii) 630 m................  Entire band...........  Phone, image.........  (f)(1), (2).
    (iii) 160 m...............  Entire band...........  RTTY, data...........  (f)(3).
    (iv) 160 m................  Entire band...........  Phone, image.........  (f)(1), (2).
(3) HF:
    (i) 80 m..................  Entire band...........  RTTY, data...........  (f)(3), (9).
    (ii) 75 m.................  Entire band...........  Phone, image.........  (f)(1), (2).
    (iii) 60 m................  5.332, 5.348, 5.3585,   Phone, RTTY, data....  (f)(14).
                                 5.373 and 5.405 MHz.
    (iv) 40 m.................  7.000-7.100 MHz.......  RTTY, data...........  (f)(3), (9).
    (v) 40 m..................  7.075-7.100 MHz.......  Phone, image.........  (f)(1), (2), (9), (11).
    (vi) 40 m.................  7.100-7.125 MHz.......  RTTY, data...........  (f)(3), (9).
    (vii) 40 m................  7.125-7.300 MHz.......  Phone, image.........  (f)(1), (2).
    (viii) 30 m...............  Entire band...........  RTTY, data...........  (f)(3).
    (ix) 20 m.................  14.00-14.15 MHz.......  RTTY, data...........  (f)(3).
    (x) 20 m..................  14.15-14.35 MHz.......  Phone, image.........  (f)(1), (2).
    (xi) 17 m.................  18.068-18.110 MHz.....  RTTY, data...........  (f)(3).
    (xii) 17 m................  18.110-18.168 MHz.....  Phone, image.........  (f)(1), (2).
    (xiii) 15 m...............  21.0-21.2 MHz.........  RTTY, data...........  (f)(3), (9).
    (xiv) 15 m................  21.20-21.45 MHz.......  Phone, image.........  (f)(1), (2).
    (xv) 12 m.................  24.89-24.93 MHz.......  RTTY, data...........  (f)(3).
    (xvi) 12 m................  24.93-24.99 MHz.......  Phone, image.........  (f)(1), (2).
    (xvii) 10 m...............  28.0-28.3 MHz.........  RTTY, data...........  (f)(3).
    (xviii) 10 m..............  28.3-28.5 MHz.........  Phone, image.........  (f)(1), (2), (10).
    (xix) 10 m................  28.5-29.0 MHz.........  Phone, image.........  (f)(1), (2).
    (xx) 10 m.................  29.0-29.7 MHz.........  Phone, image.........  (f)(2).
(4) VHF:
    (i) 6 m...................  50.1-51.0 MHz.........  MCW, phone, image,     (f)(2), (5).
                                                         RTTY, data.
    (ii) 6 m..................  51.0-54.0 MHz.........  MCW, phone, image,     (f)(2), (5), (8).
                                                         RTTY, data, test.
    (iii) 2 m.................  144.1-148.0 MHz.......  MCW, phone, image,     (f)(2), (5), (8).
                                                         RTTY, data, test.
    (iv) 1.25 m...............  219-220 MHz...........  Data.................  (f)(13).
    (v) 1.25m.................  222-225 MHz...........  RTTY, data, test MCW,  (f)(2), (6), (8).
                                                         phone, SS, image.
(5) UHF:
    (i) 70 cm.................  Entire band...........  MCW, phone, image,     (f)(6), (8).
                                                         RTTY, data, SS, test.
    (ii) 33 cm................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (iii) 23 cm...............  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS, test.
    (iv) 13 cm................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
(6) SHF:
    (i) 5 cm..................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (ii) 3 cm.................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS, test.
    (iii) 1.2 cm..............  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
(7) EHF:
    (i) 6 mm..................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (ii) 4 mm.................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (iii) 2.5 mm..............  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (iv) 2 mm.................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (v) 1 mm..................  Entire band...........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
    (vi) 1 mm.................  Above 275 GHz.........  MCW, phone, image,     (f)(7), (8), and (12).
                                                         RTTY, data, SS,
                                                         test, pulse.
----------------------------------------------------------------------------------------------------------------


0
3. Section 97.307 is amended by:
0
a. Revising paragraph (f)(3);
0
b. Removing and reserving paragraph (f)(4);
0
c. Revising the heading to the table in paragraph (f)(14)(i); and
0
d. Removing the text ``of this part'' wherever it appears.
    The revisions read as follows:


Sec.  97.307  Emission standards.

* * * * *

[[Page 85129]]

    (f)* * *
    (3) Only a RTTY or data emission using a specified digital code 
listed in Sec.  97.309(a) may be transmitted. The authorized bandwidth 
is 2.8 kHz except in the 2200 m band and 630 m band. In the 2200 m band 
and the 630 m band the symbol rate must not exceed 300 bauds, or for 
frequency-shift keying, the frequency shift between mark and space must 
not exceed 1 kHz.
* * * * *
    (14) * * *
    (i) * * *

Table 1 to Paragraph (f)(14)(i)--60 M Band Emission Requirements

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[FR Doc. 2023-26770 Filed 12-6-23; 8:45 am]
 BILLING CODE 6712-01-P