From: Jahnke, Bart, W9JJ
Sent: Tuesday, April 20, 2004 9:33 AM
To: ve-list
Subject: [VE-LIST:116] Recent VE News Part 2 - FCC Proposes Several Rules Changes - These Do Not Include Morse Code Issues or License Restructuring

Dear VE:
FCC announced last week that they are proposing several changes to the amateur rules. These do not include, however, the substantive changes in license requirements -- either Morse code or restructuring -- that are currently being widely discussed.

There are a few matters that could directly affect the VE community. These include:

• eliminate §97.509(a) of the rules, which requires a public announcement of volunteer examiner test locations and times.
• add to §97.505(a) to provide Element 1 (5 WPM Morse) credit to any applicant holding a Technician license granted after February 14, 1991, and who can document having passed a telegraphy examination element.
• eliminate the requirement for Volunteer Examiner Coordinators to submit or forward applications from test sessions within 10 days.

The remaining affect would be residual changes to pool questions as necessary.
Interested amateurs are invited to submit comments on the this NPRM by Tuesday, June 15, with reply comments by Wednesday, June 30.

See below for more information.
73,
Bart J. Jahnke, W9JJ
Manager
ARRL VEC

vec@arrl.org

FCC Proposes Wide-Ranging Changes to Amateur Service Rules--Not Restructuring
NEWINGTON, CT, Apr 15, 2004--The FCC has released an "omnibus" Notice of Proposed Rule Making (NPRM) that seeks comments on a wide range of proposed Amateur Service (Part 97) rules changes. The NPRM is not related to the three amateur licensing restructuring petitions--including one from ARRL--that are still open for comment (see "FCC Invites Comments on Amateur Radio Restructuring Plans </news/stories/2004/03/24/2/>"). The FCC also denied several petitions for rule making aimed at altering portions of the Amateur Radio regulatory landscape and ordered minor changes in Part 97 that become effective June 1. The NPRM is a result of a dozen petitions for rule making, some filed more than a year ago and a few dating back as far as 2001. Comments on the proposals put forth in WT Docket 04-140 are due by Tuesday, June 15, with reply comments by Wednesday, June 30. Among other changes, the FCC has recommended adopting the ARRL's "Novice refarming <http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6513084388>" plan.

"Because the ARRL petition addresses the operating privileges of all classes of licensees on these Amateur Service bands, we believe that the ARRL petition provides a basis for a comprehensive restructuring of operating privileges," the FCC said in its NPRM. The FCC is gathering comments on restructuring but has not acted on the matter. "We note that, as proposed, no licensees would lose any spectrum privileges and that General, Advanced, and Amateur Extra Class licensees would gain spectrum for phone emissions, one of the most popular operating modes on the HF bands."

The ARRL referenced its Novice refarming proposal in its recent Petition for Rule Making, RM-10867 <http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6516083735>, which, along with three other petitions, remains open for comment until Friday, April 23.

The FCC also has proposed essentially eliminating its rules prohibiting manufacture or marketing of Amateur Radio Service power amplifiers capable of operating between 24 and 35 MHz. Originally put on the books in 1978 to keep high-powered amateur amplifiers out of the hands of CBers, the rules now "impose unnecessary restrictions on manufacturers of Amateur Radio equipment and are inconsistent with the experimental nature of the Amateur Service," the FCC said in its NPRM. The Commission noted that its Part 95 rules governing the Citizens Radio Service already prohibit use of external power amplifiers with CB equipment, which must be FCC certificated.

The Commission further proposed deleting §97.315, "Certification of external RF power amplifiers," and §97.317, "Standards for certification of external RF power amplifiers," of its amateur rules "to clarify and simplify the exceptions in our rules." The FCC also wants to eliminate §97.3(a)(19), which defines an external RF power amplifier kit, "because of the uncertainty created by this rule."

The FCC additionally proposed a rule change that would make Kenwood's Sky Command system legal for operation within the US. The Commission said it believes Kenwood's proposal "will be consistent with our flexible-use policy in the Amateur Service." The proposed amendment to §97.201(b) of the rules would permit auxiliary operation on 2 meters above 144.5 MHz--with the exception of the satellite subband 145.8 to 146.0 MHz--in addition to frequency segments already authorized. The Sky Command system permits the user to operate certain Kenwood equipment remotely via a VHF/UHF handheld transceiver.

In response to an ARRL petition, the FCC proposed extending the bands available for spread spectrum experimentation and use to include 222-225 MHz. On its own initiative, it also recommended including 6 and 2 meters for SS operation as well. Current rules limit SS emissions to frequencies above 420 MHz.

"It appears to us that because both of these bands are wider than the 1.25 meter band, these two additional bands may be even more useful for SS experimentation than the 1.25 meter band because more spectrum is available," the FCC said in supporting the addition of 6 and 2 meters on its own initiative. The FCC suggested that restrictions on spread spectrum already in place should be sufficient to prevent any adverse impact of SS operation to other users of 6 and 2 meters.

Other Proposed Rule Changes
Among others, the FCC also has proposed these amendments or modifications to the Amateur Service rules:

• prohibit acceptance of more than one application per applicant per vanity call sign in the interest of promoting "equity and fairness."
• permit retransmission of communications between a manned spacecraft and its associated Earth stations, including the International Space Station.
• allow current amateurs to designate a specific Amateur Radio club to acquire their call sign in memoriam.
• incorporate a waiver into Part 97 that specifies operating limitations on Colorado and Wyoming amateurs using the 33-cm band (902-928 MHz).
• require pre-space notifications for amateur spacecraft be submitted within 30 days after the launch vehicle is determined, but no later than 90 days before the space station is integrated into the launch vehicle.
• revise §97.115 to add to the existing list of individuals who are not eligible to be third parties any former licensee whose license was not renewed after a hearing, and to clarify that only a station transmitting a RTTY or data emission may be automatically controlled while transmitting third-party communications.
• amend §97.111(a) to clarify that amateur stations may, at all times and on all frequencies authorized to the control operator, make transmissions necessary to meet essential communication needs and to facilitate relief actions during an emergency.
• eliminate §97.509(a) of the rules, which requires a public announcement of volunteer examiner test locations and times.
• amend §97.407(b) to delete the frequency bands and segments specified there and to clarify that during certain emergencies the frequency segments available to Radio Amateur Civil Emergency Service (RACES) stations and amateur stations participating in RACES would be authorized pursuant to Part 214 of FCC rules.
• add to §97.505(a) to provide Element 1 (5 WPM Morse) credit to any applicant holding a Technician license granted after February 14, 1991, and who can document having passed a telegraphy examination element.
• eliminate the requirement for Volunteer Examiner Coordinators to submit or forward applications from test sessions within 10 days.
• revise the definition of data emission types in §97.3(c) to include image emission types currently being used (A1C and F2C) and to limit image emissions to 500 Hz or less.

FCC Orders
The Commission ordered some changes in Part 97 without requesting or requiring comment. "These non-substantive changes to the Amateur Service rules are not subject to notice and comment under the Administrative Procedure Act," the FCC said.

The FCC ordered the revision of the definition of an "amateur operator" in §97.3(a)(1) to reflect that it is "not the possession of a license document but rather an entry in our Universal Licensing System (ULS) that determines whether a person is an Amateur Radio operator."

The FCC adopted a technical change--in line with a recent amendment to the international Radio Regulations--to specify that the mean power of any spurious emission from a new amateur station transmitter or amplifier operating below 30 MHz be at least 43 dB below the mean power of the fundamental emission. The new specification adds 3 dB to the current requirement.

The FCC also amended §97.507(a)(2) of its rules to remove authority for a Technician licensee to prepare a Technician class operator examination.

Petitions Denied
The FCC turned down a petition that would have established distinct CW and phone segments in the 160-meter band. Although a majority of commenters supported the proposal, the Commission said the current voluntary band plan "adequately accommodates the operating interests of all licensees who use the 160-meter band because it was based on input from those who use this spectrum."

Among others, the FCC also turned down petitions that would:

• allow an amateur station to broadcast and to transmit music.
• impose restrictions on the time, length or transmission frequencies of bulletins or informational transmissions directed at the amateur community.
• add to the special event call sign system certain call sign blocks that designate territories and possessions that have no specified mailing addresses. The FCC suggests using self-assigned indicators instead.
• require that commercially built amateur equipment be "field repairable."
• authorize a service similar to the Family Radio Service in the 420-450 MHz amateur band.
• include MCW (modulated CW) in the FCC's definition of a CW emission to permit repeaters to identify using MCW.
• issue paper license documents that are color-coded by license class.
• permit volunteer examiners to provide instant operating authority to successful first-time amateur applicants.
• give examination credit to Novice and Advanced licensees based on length of licensure and merit.

Commenting on the NPRM
The FCC Notice of Proposed Rule Making <http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.doc> in WT Docket 04-140 is available on the FCC Web site.

Interested parties may comment on the NPRM by Tuesday, June 15 (reply comments by Wednesday, June 30), via the FCC Electronic Comment Filing System (ECFS <http://www.fcc.gov/cgb/ecfs/>). Click on "Submit a filing." To view filed comments, click on "Search for filed comments." In either case enter the NPRM number in the "Proceeding" field as "04-140" (without the quotation marks).