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Before the Federal Communications Commission Washington, D.C. 20554 PR Docket No. 88-139 In the Matter of Reorganization and Deregulation of Part 97 of the Rules Governing the Amateur Radio Services. NOTICE OF PROPOSED RULE MAKING Adopted: March 24, 1988; Released:April 13, 1988 By the Commission: I. INTRODUCTION 1. In this NOTICE OF PROPOSED RULE MAKING (NOTICE) we propose to reorganize Part 97 of the Code of Federal Regulations, 47 C.F.R. Part 97. This rule part governs the amateur radio services<1>. This revision is being proposed because advances in technology and changes in operation practices have made the current rules -- which are based on concepts associated with telegraphy and telephony -- difficult to apply to modern amateur communication practices. This NOTICE proposes rules to create a regulatory environment that will encourage modern techniques, technology and uses of amateur radio. 2. We also desire to eliminate unnecessary rules. Many rules in Part 97 are redundant; others are obsolete. Still others duplicate extensive details that are contained in other FCC rule parts and in the INTERNATIONAL TELECOMMUNICATION UNION (ITU) RADIO REGULATIONS. The deletion of these unnecessary rules together with a reorganization of the remaining rules will reduce the total body of amateur service rules by roughly 40 percent. This proceeding also provides an excellent opportunity to clarify certain rules and to codify certain existing policies that have grown in importance as modern amateur communication practices have evolved. It is also a timely opportunity to clarify the terminology used in the rules. 3. We wish to recognize and encourage the experimental nature of the amateur service. It is appropriate to avoid, to the extent possible, placing in the rules detailed regulations and specifications for the configuration and operation of various amateur communications systems. Such regulations and specifications would reduce the flexibility that is a hallmark of a service free to branch out and follow an infinite number of paths. A basic amateur service license document encompasses both an operator license and a station license. Our regulatory approach is to state the basic requirements that each amateur operator and station must observe. This enables amateur operators to utilize their individual stations in creating and pioneering communication systems that are limited only by their personal interests, imagination and technical skills. II. BACKGROUND 4. Part 97 last underwent a major restructuring in 1951<2> at a time when most communication systems in the amateur service utilized high frequency, hand keyed telegraphy and amplitude modulated telephony. Over the years a host of new technologies emerged and became popular in the amateur service: single-sideband and frequency modulated telephony, very-high and ultra-high frequency repeaters, radioteleprinting, satellite transponders, digital communications, television, etc. Rule additions and revisions to accommodate these technologies have been adopted as needed. The result is a patchwork of rules that can be confusing, particularly to prospective licensees<3>. 5. The desire and ability in the amateur community to assimilate and apply new technology has led to the development of new uses of amateur stations in communication systems<4>. The result has been to alter dramatically the landscape of amateur radio regulation. Amateur operators continue to find new ways to utilize their stations in communication systems, particularly for serving the public during communication emergency situations. Moreover, enabling legislation<5> has made it possible for the FCC to accept the voluntary services of amateur operators in performing functions formerly done by FCC staff. Amateurs serving as volunteer examiners (VEs) prepare, administer and coordinate operator license examinations. Amateur operators also assist our Field Operations Bureau with monitoring functions. These trends will continue. Therefore, it is necessary and timely to reorganize and clarify the rules in recognition of these advancements and to lay the framework upon which future advancements can be incorporated. III. PROPOSAL 6. Our starting point for reorganization of the rules is the definition of the amateur service. It is recognized internationally and domestically as: A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest<6>. This statement of the basis for the amateur service is fundamental to the regulations we and telecommunication regulatory agencies in other countries are to provide<7>. 7. In the United States Part 97 embodies the rules for the amateur services. it begins with a recitation of fundamental purpose, expressed in five principles in Section 97.1, 47 C.F.R. %97.1. These principles were adopted by the Commission in Docket 9295 (see Paragraph 4 above) as a prospectus of the accomplishments expected to result from the activities of a healthy radio service functioning within the rules shaped toward this end. Section 97.1 stands as a general statement of objectives for the amateur service in the United States, and is continued and emphasized in the proposed rules. 8. We propose to restructure Part 97 into six subparts and four appendices as shown in the Appendix. Subpart A, GENERAL PROVISIONS, contains those rules concerned principally with license and station location requirements. Subpart B, FUNDAMENTAL PURPOSES OF THE AMATEUR SERVICE, organizes appropriate rules into groupings relating to the five principles of purpose expressed in Section 97.1: SERVING THE PUBLIC, ADVANCING THE RADIO ART, ADVANCING SKILLS, TRAINING OPERATORS AND ENHANCING INTERNATIONAL GOODWILL. Subpart C, STATION OPERATION STANDARDS, is comprised of those standards that generally apply to all types of amateur station operation. Subpart D, SPECIAL OPERATIONS, contains the requirements that apply only to non-standard operations such as beacons and repeaters, the amateur-satellite service and the RACES. The remaining technical standards are organized in Subpart E, TECHNICAL STANDARDS. The requirements for the preparation and administration of operator examinations are in Subpart F, QUALIFYING EXAMINATION SYSTEMS. Appendix 1 lists the geographic areas where the amateur service is regulated by the Commission. Appendix 2 lists volunteer-examiner coordinator (VEC) regions. Appendix 3 is a glossary of terms used in the proposed rules. Appendix 4 is summary of the frequency sharing requirements for the amateur radio services stated in Sections 2.105 and 2.106, 47 C.F.R. %% 2.105 AND 2.106. 9. In addition to the glossary of terms in Appendix 3, we define terms where they first appear in the rules. Each term requiring definition is bolded when first used, followed by the parenthetical definition. For consistency in references to frequencies, the following terminology is sued: frequency range (VHF, UHF, etc.), wavelength band (10 m. 70 cm, etc), frequency segment (50.1-51.0 MHz, etc.), channel and frequency. Standard symbols for technical units are used throughout (dB, W, etc.). 10. We believe this format will make the rules easier to use and understand. We shall discuss each new subpart in detail. A. NEW SUBPARTS 11. SUBPART A -- GENERAL PROVISIONS. In this subpart, we assembled those rules that are basically concerned with license requirements and limitations on station location. The statement of the five principles of purpose remain as Section 97.1. We brought together into proposed Section 97.3 the definition of the three radio services governed by Part 97. The rules that establish the various types of operator and station authorizations, together with the application and procedural requirements, are contained in this subpart. Limitations on the location of an amateur station and on the height of an antenna and its associated support structure are also incorporated. Additionally, Section 97.9 defines the various classes of amateur operator licenses. 12. Section 97.11 includes rules for stations aboard ships or aircraft. We propose to delete current Section 97.101(c), 47 C.F.R. %97.101(c), requiring that the electrical installation of an amateur station aboard ship or aircraft be in accord with other government rules. This is redundant. However, to promote safe aircraft operations during adverse weather conditions, we would add language providing that amateur equipment shall not be operated while any aircraft is operating under Instrument Flight Rules unless the equipment has been found to comply with all Federal Aviation Administration rules. Also, we propose to clarify that use of a common antenna in voluntary ship radio installations does not violate the rule requiring that an amateur station must be separate from and independent of all other radio apparatus installed on the same ship. 13. In Section 97.13(b) we state clearly that amateur stations in close proximity to Commission field monitoring facilities must protect these facilities from harmful interference. The Engineer-in-Charge of the local field office may impose operating restrictions on any amateur station failing to protect Commission monitoring facilities from harmful interference. 14. In Section 97.25 we update the procedural rules relating to Commission modification of an amateur station license. These rules are governed by Section 316 of the Communications Act of 1934, as amended, 47 U.S.C %316. This Section of the Act was amended by Public Law No. 98-214, 97 Stat. 1467 (1983). Proposed Section 97.25 conforms to the provisions of 47 U.S.C %316. 15. Current Section 97.95, 47 C.F.R. %97.95, specifies rules for amateur station operation away from the licensed fixed station location. The original concept of a fixed station location revolved around an amateur operator's "ham shack" -- a room or small building where the station's transmitting and receiving devices were located. More often than not, these devices were built by the amateur operator, and, because of the state of technology at that time, incorporated delicate and bulky components including vacuum tubes, transformers and capacitors that made the devices not very portable. Today's amateur stations often employ commercially manufactured equipment. In the age of the microprocessor and the integrated circuit this equipment is highly portable. It is common for amateur operators to carry hand-held transceivers capable of accessing many local repeaters in urban areas and also capable of reasonably good line-of-sight communication. It appears that the concept of fixed station operation no longer carries with it the same connotation it did previously. For this reason, we propose to delete current rules that relate to station operation away from the authorized fixed station location. 16. SUBPART B -- FUNDAMENTAL PURPOSES OF THE AMATEUR SERVICE. In this subpart, we use each one of the five principles of purpose discussed in paragraph 7 above, as a subheading for the rules related to that principle. 17. SERVING THE PUBLIC. Under the first heading, SERVING THE PUBLIC, the existing provisions in the rules and the special provisions in the ITU RADIO REGULATIONS pertaining to providing communications during emergencies are stated. These specifically include assisting in meeting essential communication needs when normal communications systems are overloaded, damaged or disrupted because of a natural disaster<8>. We have included the general international provision for assisting stations in distress<9>. We have also included our existing policy that it is permissible for an amateur station to provide communications for public gatherings if the public is the main beneficiary. The proposed rules provide additional clarity in defining permitted operations consistent with providing operating flexibility. 18. ADVANCING THE RADIO ART. Under the second heading in Subpart B, ADVANCING THE RADIO ART, are the emission types authorized for the various frequency bands and segments. It is our intent that amateur operators in the United States be allowed to experiment with the full range of modulation types. However, in order to comply with international regulations, we are obligated to limit the interference potential of amateur stations, especially those transmitting in frequency bands shared with other services. 19. The principal use of emission designators in regulations for the amateur service is to relegate the transmission of certain inharmonious emission types to different segments of the frequency bands. Originally, emission designators were generally used to reserve a segment of a frequency band for telegraphy transmissions. Although the remainder of each frequency band could be used for either telegraphy or telephony transmissions, as a practical matter it was regarded as the telephony subband. As the amateur service has developed, other specific emission types have been authorized in somewhat piecemeal fashion. 20. Authorized emissions became even more confusing when the Commission's Rules were revised to incorporate the system of designators adopted in the Final Acts of the 1979 WARC<10>. Almost 1300 designators replaced the previous system of 14 designators used in Part 97. The greater specificity had the unintended effect of restricting previously permitted operations. We propose to remedy this with a much simpler system using terminology that is already familiar to most amateur operators<11>. This approach should eliminate the inadvertently imposed restrictions while continuing necessary emission type segregation. Additionally, the designators would be unambiguous and easy to understand, even for prospective Novice operators. The multitude of designators are categorized under the following nine terms and cross referenced to Part 2 of the Rules<12>. 1. CW -- Single-channel amplitude-shift-keyed telegraphy emissions in international Morse code for aural or automatic reception. 2. MCW -- Single-channel modulated tone telegraphy emissions in international Morse code for aural or automatic reception. 3. PHONE -- Telephony emissions. 4. IMAGE -- Single-channel emissions for facsimile and television. 5. RTTY -- Single-channel emissions for narrowband direct-printing. 6. DATA -- Data emissions, including packet radio. 7. PULSE -- Pulse emissions. 8. SS -- Spread-spectrum emissions. 9. TEST -- Emissions containing no modulation or no information for on-the-air transmitter adjustment, two-tone amplifier linearity testing, antenna measurements, direction finding, ranging, etc. 21. Certain rule provisions for digital and spread-spectrum transmissions currently include exceptions to permit international use if special arrangements are made between the United States and the administration of any other country concerned. We propose to delete these exceptions. No such arrangements currently exist. Should the United States ever make such arrangements, we will provide public notice as we currently do for international third-party traffic and reciprocal arrangements. 22. ADVANCING SKILLS. Today's society is increasingly electronics-oriented. Maintenance of a pool of persons knowledgeable in electronics and innovative communications technology is clearly in the public interest<13>. There is a critical shortage of personnel skilled in the electronic arts and sciences. Yet there is a close vocational and avocational relationship between electronic competency and the skills and techniques of amateur radio<14>. Amateur radio is the only national reserve of trained communicator/technicians<15>. For this reason, it is in the public interest, convenience and necessity to maintain and enlarge the pool of amateur operators. Our primary tool to achieve this end is in providing the motivation to upgrade class of license through increased privileges to each higher operator license class. 23. The incentive licensing structure was established to assure that amateur operators enhance their skills as they remain in the amateur service. (See "Report and Order", Docket 15928, 32 Fed. Reg. 12682 (1967)). In the past ten years, we have seen the highest of the five amateur operator classes, Amateur Extra, more than double from 18,794 amateur operators as of January 31, 1978, to 43,902 amateur operators as of December 31, 1987. The proportion of licensed amateur operators that are Amateur Extra has almost doubled as well. As of January 31, 1978, 5.68% of all amateur operators were Amateur Extra. As of December 31, 1987, that figure had risen to 10.12%. 24. To help clarify the privileges associated with each operator class, we propose to restructure the frequency table without actually affecting amateur operator frequency privileges. We reorganized and relocated to Appendix 4 the summary of frequency sharing limitations that are specified in Sections 2.105 and 2.106, 47 C.F.R. %%2.105 and 2.106. We provide a cross-reference to these rule sections in proposed Section 97.203(a) to make amateur operators aware that additional considerations in the use of a particular frequency segment may apply. We expect that annotated versions of our rules offered by publishers will continue to bring relevant frequency sharing requirements to the attention of amateur operators. 25. TRAINING OPERATORS. The fourth heading in Subpart B, TRAINING OPERATORS, incorporates operator examination requirements. These are the rules that place all amateur operators on notice of what they need to know to advance in the amateur service. Each amateur operator license conveys broad privileges to the holder. These privileges are many and they are diverse. Amateur operators are allowed to communicate using telegraphy, voice, teleprinting, packet radio, facsimile, television and other modes. They are allowed to communicate with amateur operators in other countries and, in some cases, send messages for third parties. An amateur operator is allowed to build, repair and modify amateur station transmitters. For such a flexible radio service to be practical, all amateur operators must thoroughly understand their responsibilities and have the skills necessary to operate an amateur station properly. Preparation for the various operator examinations helps operators to learn and hone the required skills. This subpart clearly defines the requirements for examinations at each skill level. 26. INTERNATIONAL GOODWILL. The rules derived from the amateur service international communications requirements now in Appendix 2 are under the fifth heading, ENHANCING INTERNATIONAL GOODWILL. Transmissions between amateur stations of different countries are limited by international law to messages of a technical nature relating to tests and to remarks of a personal character that are so unimportant as not to justify recourse to the public telecommunications service<16>. We noted under this heading that we issue public notice of international arrangements for the amateur service upon notification from the U.S. State Department that an exchange of notes has occurred. 27. The amateur service is the only service outside of the common carrier services where two-way communications between private individuals in different countries are permitted. Practically every country allows some form of amateur radio communication. As a result, the amateur service is a potentially strong and credible projector of a nation's image abroad. A large segment of the world's radio amateur population regularly engages in distant contacts. In these contacts, amateur operators of different nations engage in personal dialogue. The amateur operator is usually representative of his/her country at the "grass roots" level. The amateur operator talks about subjects that are of day-to-day interest to other amateur operators contacted in other countries. This one-on-one dialogue that is made possible by worldwide amateur radio is an important cultural exchange<17>. International amateur communications are a basis for opinions formed of the United States worldwide. That is why one of the fundamental purposes of the amateur service in the United States is to foster international goodwill. The importance of this aspect of the amateur service is highlighted in this subpart. 28. ALIEN RECIPROCAL OPERATING PRIVILEGES. Over the past decade we have issued approximately 130 alien reciprocal operating permits in the amateur service each month. At any given time about 1,500 of these authorizations are outstanding. Currently Subpart G of Part 97 contains the regulations for operating in accord with these permits. We propose to eliminate Subpart G in favor of conveying necessary information concerning alien operator privileges in the new Subpart B and information on obtaining an alien permit in the new Subpart A. Much of the latter information is also contained in FCC application form 610-A, APPLICATION OF ALIEN AMATEUR RADIO LICENSEE FOR PERMIT TO OPERATE IN THE UNITED STATES. 29. SUBPART C -- STATION OPERATION STANDARDS. In this subbpart we centralize all amateur station operation standards. This subpart includes much of current Subparts D and E. We divide the amateur station operation standards into two sets. The basic standards are those common to all amateur station operations. The special operations are rules for specific types of amateur station operation. 30. FREQUENCY SHARING. We do not assign stations or designate transmitting frequency channels in the amateur service. Rather, we rely upon the control operator to select the station's transmitting channel from those frequencies available prior to causing or allowing the station to transmit. The frequency agility of amateur stations makes it possible for all amateur operators to cooperate in sharing all authorized amateur service frequency bands. Good amateur practice requires that the control operator monitor prospective transmitting channels and then select a channel where the station's transmissions will not cause harmful interference and will minimize incidental interference to other on-going communications. We propose to codify this concept under Subpart C with a new Section 97.203 called "frequency sharing." Certain duties are inherent in any shared frequency environment -- namely, cooperation in channel selection and use to prevent harmful interference and to make the most effective use of the frequencies. We propose to state these duties explicitly in the rules. 31. With the exception of frequency subbands that are currently designated in part 97 to protect telegraphy and certain other forms of non-voice communication, the Commission and amateur operators rely upon informal arrangements within the amateur community, called voluntary band plans, to assist in achieving the goal of preventing harmful interference. It has been our experience that, consistent with good amateur practice, amateur operators adhere to these voluntary band plans with excellent results for the service. As a general proposition, we favor voluntary band plans over Commission-imposed subbands in the amateur service. Rule-mandated band plans may result in station operation inflexibility and increased enforcement and regulatory burdens. 32. STATION LICENSEE RESPONSIBILITIES. In proposed Section 97.205, the responsibilities of an amateur station licensee are stated. Section 97.205(c) clarifies Commission authority to inspect amateur stations. This authority is currently spread among three separate rules addressing authorized apparatus and amateur station and operator licenses. (See 47 C.F.R. %%97.81(b), 97.82 and 97.83. The new rule would unify Commission inspection authority contained in these rules and clarify current Commission policy that the amateur station, including station records. 33. CONTROL OPERATOR DUTIES. In proposed Section 97.207, the duties of a licensed station control operator are stated. By making decisions about equipment suitability, frequency selection, emission modes, message content, etc., the control operator is the key to proper operation of an amateur station. Without the control operator, unidentified and unauthorized uses of the frequencies are possible. Should this occur, the legitimacy of the service is imperiled<18>. Section 97.209 defines control point. Section 97.211 addresses specific forms of station control. In Section 97.211(c) we propose to clarify our authority to require any station under automatic control to discontinue operation upon notification from the Engineer-in-Charge of a Commission field office that the station is transmitting improperly or causing harmful interference to other stations. 34. POINTS OF COMMUNICATION AND PERMISSIBLE ONE-WAY COMMUNICATIONS. We are expanding and clarifying the rules relating to points of communication and permissible one-way communications. This includes the blanket waiver for the retransmission of space shuttle communications authorized by the Chief, Private Radio Bureau, on September 6, 1983<19>. In proposed Section 97.217, we simplify the rules concerning station identification procedures. In Section 97.21(b)(4) we make provisions for amateur stations transmitting television to perform the station identification procedure using our color broadcast standards as well as monochrome. We also add Section 97.217(g) to provide for a self-assigned identifier to be appended to a station call sign in the identification procedure. Such an identifier can be useful to the station as an efficient means of announcing the fact that the station is participating in a contest or a special event. Additionally, we specifically incorporate in the rules the basic premise that the amateur service has its own objectives and is not intended to be used as an alternative to other radio services or communications facilities<20>. 35. SWAP NETS. Business communications are prohibited in the amateur service. (See 47 C.F.R % 97.110) We relocated this prohibition in proposed Section 97.219(c). We added the exception that communications to inform other amateur operators of the availability of, or the need for, amateur station apparatus are not considered to be business communications. This type of communication is usually found in the context of "swap nets." A swap net is a series of communications between two or more amateur stations conducted for the purpose of buying and selling amateur radio equipment. 36. Current policy permits amateur stations to transmit information about the availability of amateur radio equipment, notwithstanding Section 97.110, 47 C.F.R % 97.110, prohibiting business communications. In this context, amateur radio equipment is equipment normally used in an amateur station by an amateur operator. An asking price may be mentioned, but no subsequent negotiations or bartering may take place, If interest is expressed, the amateur operators should exchange mailing addresses or telephone numbers and finish negotiations using means of communication other than amateur service frequencies. Dealers may not take advantage of this exception. Amateur operators who derive a profit by buying and selling amateur radio equipment on a regular basis are considered dealers and violate the business prohibition if they use amateur service frequencies for this purpose. Proposed Section 97.219(c) codifies these policies. 37. BROADCAST-RELATED ACTIVITIES. Questions frequently arise concerning the amateur service and broadcast-related activities. Broadcasting and broadcast-related activities are prohibited in the amateur service. (See 47, C.F.R %97.113) An amateur station may not be used for any activity directly related to program production or newsgathering for broadcast purposes. However, in 1985 and 1986 we indicated in the texts of orders relating to amateur and broadcast services that we would permit amateur stations to convey news information in certain limited and unique circumstances. Those circumstances are if; (1) the event is unforeseen; (2) the news information is directly related to the event; (3) the event involves the safety of human life or the immediate protection of property; and (4) the news information cannot be transmitted by any means other than amateur radio because of the remote location of the originating transmission or because normal communications have been disrupted<21>. We propose to incorporate this policy in Section 97.219(f). 38. QUIET HOURS. We propose to remove certain specific time periods for the imposition of restrictions against amateur station transmissions in Sections 97.131(a), 97.133 and 97.135, 47 C.F.R %% 97.131(a), 97.133 and 97.135. Their purpose is to protect the domestic broadcast service from harmful interference. We believe that the necessary authority is contained in current Section 97.131(b), 47 C.F.R % 97.131(b). We have recodified this rule as proposed Section 97.221, which states that the Commission may restrict operations of amateur stations as necessary to prevent harmful interference. 39. DAMAGE TO EQUIPMENT. We propose to remove current Section 97.127, 47 %97.127, prohibiting a licensed amateur operator from damaging any radio apparatus or installation in any licensed station. This rule inherently involves an overlap of federal and local jurisdiction. The underlying facts of such a violation would also necessarily constitute vandalism. We often receive complaints from people whose equipment was damaged seeking help based upon this rule. Complaints in the first instance in such a circumstance should be directed to local law enforcement authorities, who are in a position to provide some immediate assistance . Removal of this rule would not in any way diminish our authority to suspend an amateur operator license for such conduct. (See 47 U.S.C % 303(m)(1)(C) 40. NOTICES OF VIOLATION. Finally, we remove rules that specify what an amateur station licensee must do upon receipt of a notice of violation. Such rules are unnecessary. The correspondence itself specifies what is required, and clearly states any penalties that may result from failure to respond or comply. SUBPART D -- SPECIAL OPERATIONS 41. In this subpart we assemble present and proposed provisions for those particular types of amateur operations that require special explanations or limitation. We propose to include auxiliary, beacon and repeater operations, remote control of amateur stations and model craft, and amateur- satellite and RACES operations in this subpart. 42. AUXILIARY OPERATION. We propose to delete the provisions of current Section 97.86(b), 47 C.F.R % 97.86(b). This rule was intended to facilitate so-called "split-site-repeaters," where an auxiliary link is used to relay signals received at a distant receiving site to the station in repeater operation. It appears this provision is unnecessary. No amateur service rule prohibits such a practice. 43. BEACON OPERATION. We conformed the minimum interval for an amateur station in beacon operation to perform the station identification procedure to the interval for all other forms of amateur station operation -- once every 10 minutes. 44. REMOTE CONTROL. In some cases, particularly in instances where an amateur station is situated on a hilltop or atop a tall building, it is neither desirable nor practical to have the control operator physically present at the transmitter site. The control operator may perform the necessary duties from a remote control point through a control link. This control link can be a dedicated wire line or public telephone interconnection from the control point to the remotely controlled station. Alternatively, an amateur station in auxiliary operation at the control point can be used to transmit control commands to the remotely controlled station. (See 47 C.F.R % 97.88 (radio remote control of an amateur station)) We redrafted this rule as proposed Section 97.307. 45. The control operator must be able to control the station from the remote control point just as effectively as at a control point physically at the station site. Should the control link fail, the remotely controlled station's transmissions must cease after no more than three minutes. Many remotely controlled amateur stations operators include a three-minute time out timer in the control circuitry in order to meet this requirement. We believe, however, that the requirement to cease transmissions in three minutes may be unduly restrictive, particularly with respect to repeaters that are otherwise functioning properly. Therefore, we request comments on whether this limit would be appropriate. Further, we have removed the provisions of Section 97.88(c), 47 C.F.R. %97.88(c), that require the control operator of a remotely controlled amateur station to monitor continuously the station's transmitting and receiving frequencies. These provisions would no longer be necessary because of the consolidation of control operator duties in proposed Section 97.207 and explicit frequency sharing requirements in proposed Section 97.203. 46. AMATEUR SATELLITE SERVICE. This subpart also includes the rules that apply to the amateur-satellite service. This service epitomizes the experimental nature of the amateur radio services and the dedication and ability of amateur operators to contribute to the advancement of the radio art. It has enabled amateur operators to participate directly in space programs and has generated tremendous interest in space communications by amateur operators. OSCAR 1, the first amateur radio satellite, was launched into orbit in December, 1961. Since that time, with a series of OSCAR satellites, amateur operators have continued their efforts to experiment to achieve reliable, predictable long-distance and long-duration radio communications on HF and shorter wavelength bands. The amateur-satellite service was incorporated into the amateur service rules following its recognition in the Final Acts of the 1971 Space WARC (World Administrative Radio Conference). Today, amateur OSCAR satellites are used for real-time and delayed transmissions from anywhere beyond the major portion of the earth`s atmosphere. We have replaced current detailed notification of intended space operation in the amateur-satellite service by reference to the requirements in the ITU Radio Regulations. SUBPART E -- TECHNICAL STANDARDS 47. This subpart is comprised of the technical standards that must be met by amateur stations. We assembled the limitations on spurious emissions under proposed Section 97.401 and the limitations on maximum transmitting power under proposed Section 97.403. The provisions for digital and spread spectrum communications and external radio frequency power amplifiers are also consolidated in this subpart. We eliminated the redundant requirement that stations transmitting spread spectrum take steps to protect amateur stations in repeater operation. Repeater operation is adequately protected by the control operator and frequency sharing requirements. 48. As discussed in paragraph 30 above, we do not assign specific frequency channels to amateur stations. Nor do we divide the amateur service frequency bands into specific channels of a particular bandwidth. Therefore, considering the multitude of different emission types that could be transmitted, there is no need to specify precisely the maximum bandwidth that a transmitted signal may occupy. Our primary spectrum conservation approach is to encourage the good amateur practice of each amateur station transmitting in a manner that ensures that its signals are not unnecessarily broad. To this end, proposed Section 97.401 generally requires an amateur station transmission to occupy no more channel bandwidth than necessary for the information rate and emission type being transmitted. 49. While proposed Section 97.405 for digital communications is under this subpart, as a practical matter most of the relevant information about availability of particular channels for certain types of digital communications would be contained in proposed Section 97.131 (authorized emission types). We currently authorize certain standard digital communication, such as baudot, ASCII and AMTOR, that use personal computers or teleprinting machines with alphanumeric keyboards<22>. 50. We also permit the transmission of experimental digital codes on the 6 meter and shorter wave length bands in the amateur services. Amateur operators have taken advantage of this provision to be innovative in the area of digital transmissions. Packet radio is a currently burgeoning digital communications field. Packets are individual short bursts of digitally encoded data that take only milliseconds to send. Packet radio employs the time sharing capabilities of digital technology to conserve spectrum. The proposed rules provide flexibility to encourage continued development of efficient digital codes. SUBPART F 51. QUALIFYING EXAMINATION SYSTEMS. This subpart centralizes the rules concerning the preparation, administration and coordination of amateur operator examinations. The commission prepared, administered and coordinated examinations for Technician, General, Advanced and Amateur Extra Class operator licenses until the VEC system became fully operational in 1984. On December 1, 1983, final rules went into effect pursuant to Public Law 97-259, 96 Stat. 1087 (1982), that authorized the Commission to accept and employ the voluntary and uncompensated services of amateur operators in the preparation and administration of amateur operator examinations. (See Report and Order, PR Docket No. 83-27, 48 Fed. Reg. 45653 (1983)). Subsequently, the Communications Act was Further amended to allow limited reimbursement of out-of-pocket costs incurred by VEs and VECs in connection with the preparation, processing or administration of examinations for amateur operator licenses. (See Public Law 98-214, 97 Stat. 1467 (1983)). We then adopted rules to implement this legislation. (See Report and Order, PR Docket No. 84-265, 49 Fed. Reg. 30472 (1984)). 52. Two volunteer examiner systems -- one for the Novice Class operator license and one for all other operator class licenses -- are now in place. All rules relating to the way in which VEs must conduct the preparation and administration of amateur operator examinations are under the heading of operator license examinations. All rules relating to the way in which volunteer-examiner coordinators (VECs) must coordinate amateur operator examinations are under the heading of volunteer-examiner coordinators. A final separate heading covers examination expense reimbursement. Additionally, we deleted the references to disposition and retention of examination papers in Sections 97.26(f), 97.27(d) and 97.28(h), 47 C.F.R. %%97.26(f), 97.27(d) and 97.28(h). The rules should not hamper the increasing use of personal computers in administering paperless examinations. 53. APPENDICES. We removed the current appendices to Part 97. Classification of emissions, now in Appendix 3, would be replaced by the system proposed in Subpart B. The other appendices are extracts or excerpts from international treaties and conventions. To the extent required, they are directly incorporated into the proposed rules. Four new appendices would be added. New Appendix 1 lists the geographic areas where the amateur service is regulated by the Commission. New Appendix 2 specifies the VEC regions currently listed in Section 97.507(b), 47 C.F.R % 97.507(b). New Appendix 3 is a glossary index, listing the locations throughout the rules where terms are defined. New Appendix 4 is a summary of the sharing requirements currently listed in Section 97.7(g), 47 C.F.R. % 97.7(g). CONCLUSION 54. This reorganization of the rules achieves the objectives we delineated at paragraphs 2 through 8 above. We seek comments on the proposed rules, and we urge interested parties to recommend additional consolidations, clarifications and reductions in regulatory burdens. We also seek the comments of publishers and distributors of commercial versions of Part 97. Accordingly, we propose to revise Part 97 to modify, clarify and update the amateur radio services rules, as set forth in Appendix A. Cross reference lists for the current and proposed rules are set forth in Appendices B and C. 55. For purposes of this non-restricted notice and comment rule making proceeding, members of the public are advised that ex parte presentations are permitted except during the Sunshine Agenda period. (See generally 47 C.F.R. % 1.1206(a)). The Sunshine Agenda period is the period of time which commences with the release of a public notice that a matter has been placed on the Sunshine Agenda and terminates when the Commission (1) releases the text of a decision or order in the matter; (2) issues a public notice stating that the matter has been deleted from the Sunshine Agenda; or (3) issues a public notice stating that the matter has been returned to the staff for further consideration, whichever occurs first. 47 C.F.R % 1.202(f). During the Sunshine Agenda period, no presentations, ex parte or otherwise, are permitted unless specifically requested by Commission or staff for the clarification or adduction of evidence or the resolution of issues in the proceeding. 47 C.F.R % 1.1203. 56. In general, an ex parte presentation is any presentation directed to the merits or outcome of the proceeding made to decision-making personnel which (1) if written, is not served on the parties to the proceeding, or (2), if oral, is made without advance notice to the parties to the proceeding and without opportunity for them to be present. 47 C.F.R % 1.1202(b). Any person who submits a written ex parte presentation must provide on the same day it is submitted a copy of same to the Commissions`s secretary for inclusion in the public record. Any person who makes an oral ex parte presentation that presents data or arguments not already reflected in that person's previously-filed written comments, memoranda, or filings in the proceeding must proved on the day of the oral presentation a written memorandum to the Secretary ( with a copy to the Commissioner or staff member involved) which summarizes the data and arguments. Each ex parte presentation described above must state on its face that the Secretary has been served, and must also state by docket number the proceeding to which it relates. 47 C.F.R. % 1.1206. 57. Authority for issuance of this NOTICE is contained in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. %% 154(i) and 303(r). Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission's Rules, 47 C.F.R. %% 1.415 and 1.419, interested parties may file comments on or before August 31, 1988 and reply comments on or before October 31, 1988. All relevant and timely comments will be considered by the Commission before final action is taken in this proceeding. To file formally in this proceeding, participants must file an original and five copies of all comments, reply comments and supporting comments. If participants want each Commissioner to receive a personal copy of their comments, an original and nine copies must be filed. Comments and reply comments should be sent to Office of the Secretary, Federal Communications Commission Washington, DC 20554. Comments and reply comments will be available for public inspection during regular business hours in the Dockets Reference Room (Room 239) of the Federal Communications Commission, 1919 M Street N.W.Washington DC 20554. 58. In accordance with Section 605 of the Regulatory Flexibility Act of 1980, 5 U.S.C. % 605, the Commission certifies that these rules would not, if promulgated, have a significant economic impact on a substantial number of small entities, because these entities may not use the amateur radio services for commercial radiocommunication. (See 47 C.F.R. % 97.3(b)). Moreover, the proposed rules would not require the use of or significantly enhance the sale of any additional amateur radio services apparatus. 59. The proposal contained herein has been analyzed with respect to the Paperwork Reduction Act of 1980 and found to contain no new or modified form, information collection and/or record keeping, labeling, disclosure, or record retention requirements; and will not increase or decrease burden hours imposed on the public. 60. IT IS ORDERED, That the Secretary shall cause a copy of this NOTICE to be served upon the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION H. Walker Feaster III Acting Secretary ---------------------------------------------------------------------- APPENDIX A Part 97 of Chapter 1 of Title 47 of the "Code of Federal Regula- tions" is amended, as follows: 1. The authority citation for Part 97 would continue to read as follows: Authority citation: 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. Part 97 would be revised as follows: PART 97 - AMATEUR RADIO SERVICE Subpart A - General Provisions Sec. 97.1 Basis and purpose. 97.3 The amateur radio services. 97.5 Station license required. 97.7 Control operator required. 97.9 Operator license. 97.11 Stations aboard ships or aircraft. 97.13 Restrictions on the station location. 97.15 Antenna structure hazard to aircraft. 97.17 Application for license. 97.19 Renewed or modified license. 97.21 Mailing address and station location. 97.23 License term. 97.25 FCC modification of station license. 97.27 Replacement license. Subpart B - Fundamental Purposes of the Amateur Service Serving the Public 97.101 Operation during a disaster. 97.103 Safety of life and protection of property. 97.105 Station in distress. 97.107 Communications for public gatherings. Advancing the Radio Art 97.131 Authorized emission types. Advancing Skills 97.151 Control operator frequency privileges. 97.153 Alien control opeator privileges. Training Operators 97.171 Qualifying for an amateur operator license. 97.173 Examination elements and standards. 97.175 Examination requirements. Enhancing International Goodwill 97.191 International communications. Subpart C - Station Operation Standards 97.201 Good amateur practice. 97.203 Frequency sharing. 97.205 Station licensee responsibilities. 97.207 Control operator duties. 97.209 Control point. 97.211 Station control. 97.213 Authorized transmissions.97.215 Third-party traffic. 97.217 Station identification procedure. 97.219 Prohibited transmissions. 97.221 Restricted operation. Subpart D - Special Operations 97.301 Auxiliary operation. 97.303 Beacon operation. 97.305 Repeater operation. 97.307 Remote control of an amateur station. 97.309 Remote control of model craft. 97.311 Space operation. 97.313 Earth operation. 97.315 Telecommand operation. 97.317 RACES operation. Subpart E - Technical Standards 97.401 Purity of transmissions. 97.403 Maximum transmitting power. 97.405 Digital communications. 97.407 Spread spectrum communications. 97.409 Type acceptance of external RF power amplifiers. 97.411 Standards for type acceptance of external RF power amplifiers. Subpart F - Qualifying Examination Systems Operator License Examinations 97.501 Examination adminstration procedures. 97.503 Examination preparation. 97.505 Examination element credit. 97.507 Technician, General, Advanced, and Amateur Extra operator examination administration. 97.509 Novice operator examination administration. 97.511 Volunteer examiner requirements. 97.513 Volunteer examiner conduct. Volunteer-Examiner Coordinators 97.521 Agreement required. 97.523 VEC qualifications. 97.525 Coordination examinations. 97.527 VEC question pools 97.529 Accrediting VEs. Examination Expense Reimbursement 97.541 Reimbursement for expenses. Appendix 1 Places Where Amateur Radio Services Are Regulated by the FCC. Appendix 2 VEC Regions. Appendix 3 Glossary of Terms. Appendix 4 Frequency Sharing Requirements. Subpart A - General Provisions 97.1 Basis and purpose. The rules and regulations in this part are designed to pro- vide an amateur radio service having a fundamental purpose as expressed in the following principles: (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency com- munications. (b) Continuation and extension of the amateur's provenability to contribute to the advancement of the radio art. (c) Encouragement and improvement of the amateur service through rules which provide for advancing skills in both the com- munication and technical phases of the art. (d) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and electronics experts. (e) Continuation and extension of the amateur's unique ability to enhance international goodwill. 97.3 The amateur radio services. (a) The "amateur service" is a radio communication service for the purpose of self-training, intercommunication and techni- cal investigations carried out by amateurs, that is, duly author- ized persons interested in radio technique solely with a personal aim and without pecuniary interest. (b) The "amateur-satellite service" is a radiocommunication service using stations on earth satellites for the same purpose as those of the amateur service. (c) The RACES (Radio Amateur Civil Emergency Service) provides for amateur station operation for civil defense com- munications during periods of local, regional or national civil emergencies. 97.5 Station license required. (a) When an apparatus is transmitting on any amateur service frequency from a geographic location within the major portion of the earth's atmosphere where the amateur service is regulated by the FCC (Federal Communications Commission) (see Appendix 1), the person having physical control of the apparatus must old a writ- ten authorization for an "amateur station" (a station in the amateur service including necessary apparatus at a particular location used for transmitting). (b) When an apparatus is transmitting on any amateur service frequency from any vessel or craft registered in the United States or owned or operated by a United States citizen or entity and the vessel or craft is within or beyond the major portion of the earth's atmosphere, the person having physical control of the apparatus must hold a written authorization for an amateur sta- tion. (c) The types of written authorizations that permit amateur license where the amateur services are regulated by the FCC are: (1) An amateur operator/primary amateur station license (on FCC Form 660) issued to the person by the FCC. A primary amateur station license is issued only to a person together with an amateur operator license on the same document. Every amateur operator licensed by the FCC must have one, but only one, primary amateur station license. Except for a representative of a for- eign government, any person who qualifies by examination is eligible to apply for an amateur operator/primary station license. (2) An amateur service club station license (on FCC Form 660) issued to the person by the FCC. A club station license is issued only to the person who is the license trustee designated by an officer of the club. The trustee must hold an FCC-issued Amateur Extra, Advanced, General or Technician operator license. The trustee must not be a representative of a foreign government. The club must be composed of at least two persons and must have a name, a constitution, management and a primary pur- pose devoted to amateur service activities consistent with these rules. (Note: No new license for a club station will be issued; however, existing licenses may be renewed or modified upon proper application.) (3) An amateur service military recreation station license (on FCC Form 660) issued to the person by the FCC. A military recreation station license is issued only to the person who isthe license custodian designated by the official in charge of United States military recreational premises where the station is situated. The custodian must not be a representative of a for- eign government. The custodian does not have to hold an amateur operator license. (Note: No new license for a military recrea- tion station will be issued; however, existing licenses may be renewed or modified upon proper application.) (4) A RACES station license (on FCC Form 660) issued to the person by the FCC. A RACES station license is issued only to the person who is the license custodian designated by the official responsible for the governmental agency served by that civil defense organization. The custodian does not have to hold an amateur operator license. The custodian must be the civil defense official responsible for coordination of all civil defense activities in the area concerned. The custodian does not have to hold an amateur operator license. (Note: No new license for a RACES station will be issued; however, existing licenses may be renewed or modified upon application.) (5) A reciprocal permit for alien amateur licensee (on FCC Form 610-AL) issued to the person by the FCC. A reciprocal permit for alien amateur licensee is issued only to an alien who is a citizen of a country with which the United States has arrangements to grant reciprocal operating permits to visiting alien amateur operators. The alien must hold an amateur service license from the country of citizenship. The alien must not be a representative of a foreign government. No person who is a citizen of the United States, regardless of any other citizenship also held, is eligible for a reciprocal permit. No person hold- ing an FCC-issued amateur service license is eligible to also hold a reciprocal permit for alien amateur license. (Note: Reciprocal permits are not renewable; however, existing licenses may be renewed or modified upon proper application.) (6) An amateur service license issued to the person by the Government of Canada. The person must be a citizen of Canada. The person must not be a representative of a foreign government. (d) The written authorization for an amateur station author- izes the use in accordance with FCC rules of all transmitting apparatus under the physical control of the station licensee at points where the amateur radio services are regulated by the FCC. The original written authorization document or a photocopy thereof must be retained at the station. 97.7 Control operator required. When transmitting, each amateur station must have a control operator. The control operator must be an "amateur operator" (a person holding a written authorization to be the control operator of an amateur station). Only a person holding at least one of the following documents may be the control operator of an amateur station: (a) An amateur operator/primary station license (on FCC Form 610) issued to the person by the FCC. (b) A reciprocal permit for alien amateur licensee (on FCC Form 610-AL) issued to the person by the FCC. (c) An amateur service license issued to the person by the Government of Canada. The person must be a citizen of Canada. 97.9 Operator license. (a) There are 5 classes of operator licenses: Novice, Tech- nician, General, Advanced and Amateur Extra. The degree of skill and knowledge an applicant demonstrates by examination determines the class of operator license for which the person is qualified. (b) An amateur operator license authorizes the holder to be the control operator of an amateur station with the privileges of the operator class specified. The license document or a photocopy thereof must be in the personal possession of the licensee at all times when the person is control operator of anamateur station. (c) A Novice, Technician, General, or Advanced operator who has properly filed with the FCC an application for a higher operator class which is not yet been acted upon, and who holds a CSCE (Certificate of Successful Completion of an Examination) indicating that the person completed the necessary examinations within the previous 365 days is authorized to exercise the rights and privileges of the higher operator class. 97.11 Stations aboard ships or aircraft. (a) The installation and operation of an amateur station on a ship or aircraft must be approved by the master of the ship or pilot in command of the aircraft. (b) The station must be separate from and independent of all other radio apparatus installed on the same ship or aircraft, except antennas in the use of voluntary ship radio installations. (c) Transmissions from the station must not cause inter- ference to any other apparatus installed on the same ship or air- craft. (d) The station must no constitute a hazard to the safety of life or property. (e) The equipment shall not be operated while the aircraft is operating under Instrument Flight Rules, as defined by the Fed- eral Aviation Administration (FAA) unless the amateur equipment has been found to comply with all applicable FAA rules. 97.13 Restrictions on the station location. (a) Before placing an amateur station on land of environmen- tal or historical importance (such as a site significant in American history, architecture or culture), the licensee may be required to take certain actions prescribed by 1.1305-1.1319 of the FCC Rules. (b) An amateur station within 1600 m (meters) of an FCC monitoring facility must protect that facility from harmful interference. Failure to do so could result in imposition of operating restrictions upon the amateur station by the EIC (Engineer-in-Charge of an FCC field facility) pursuant to 97.221 of the FCC Rules. Geographical coordinates of the facilities that require protection are listed in 0.121(c) of the FCC Rules. 97.15 Antenna structure hazard to aircraft. An amateur station antenna structure (the radiating elements, tower, supports, and all appurtenances mounted thereon) no higher than 6.1 m (20 feet) above any other type of structure it is mounted upon, is exempt from the requirements of this Section. (a) Before placing an antenna on an existing antenna struc- ture more than 61 m (200 feet) above ground level at its site, the licensee must notify the FCC on FCC Form 854, and receive prior approval from the FCC. (b) Before placing an antenna structure higher than the fol- lowing limits, the licensee must notify both the FAA (Federal Aviation Administration) on FAA Form 7460-1 and the FCC on FCC Form 854, and receive prior approval from the FCC. (1) An antenna structure more than 61 m (200 feet) above ground level at its site. (2) An antenna structure at an airport or heliport that is available for public use and is listed in the "Airport Directory" of the current "Airman's Information Manual" or in either the "Alaska" or "Pacific Airman's Guide and Chart Supplement"; or at an airport or heliport under construction that is the subject of a notice or proposal on file with the FAA, and except for mili- tary airports, it is clearly indicated that the airport will be available for public use; or at an airport or heliport that is operated by the armed forces of the United States; or at a place near any of these airports or heliports that is to be: (i) More than 1 m higher than the airport elevation for each100 m from the nearest runway longer than 1 km within 6.1 km of the antenna structure. (ii) More than 2 m higher than the airport elevation for each 100 m from the nearest runway longer that 1 km within 3.1 km of the antenna structure. (iii) More than 4 m higher than the airport elevation for each 100 m from the nearest landing pad within 1.5 km of the antenna structure. (c) Further details as to whether an aeronautical study and/or obstruction marking and lighting may be required, and specifications for obstruction marking and lighting, are con- tained in Part 17 of the FCC rules, "Construction, Marking, and Lighting of Antenna Structures". 97.17 Application for license. (a) Any qualified person, except a representative of a for- eign government, is eligible to apply for an amateur service license or permit. (b) Each application for an operator/primary station license must be made on FCC Form 610. Each application for a club, mili- tary recreation or RACES station license must be made on FCC Form 610-B. Each application for a reciprocal permit for alien amateur licensee must be made on FCC Form 610-A. (c) Each application for a new operator/primary station license and each application involving a change in operator class must be submitted by the applicant to the volunteer examiners (VEs) administering the qualifying examination. (d) Each application for a reciprocal permit for alien amateur licensee must be submitted to the FCC, P.O. Box 1020, Gettysburg, PA 17326. (e) No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an amateur operator license or reciprocal permit for alien amateur licensee by fraudulent means. (f) A call sign will be assigned to each amateur station on a systematic basis. The FCC will issue public announcements detailing the policies and procedures of the call sign assignment system. The FCC will not grant any request for a specific call sign. 97.19 Renewed or modified license. (a) Each application for a renewed or modified amateur serv- ice license must be accompanied by a photocopy of the license document or the original document. Except for a modification involving a change in operator class, the application must be submitted to: FCC, P.O. box 1020, Gettysburg, PA 17326. (b) When the licensee has submitted a sufficient application for renewal of an unexpired license (between 60 and 90 days prior to the end of the license term is recommended), the license will not expire until the disposition of the application has been determined. After an amateur service license expires, applica- tion for renewal may be made during a grace period of 2 years after the expiration date. During this grace period, the expired license is not valid. A license renewed during the grace period will be dated as of the date of the renewal. 97.21 Mailing address and station location. Each application for an amateur service license and each application for a reciprocal permit for alien amateur licensee must show a mailing address and a station location (the addresses may be the same) in an area where the amateur service is regu- lated by the FCC. The mailing address must be one where the licensee can receive from the FCC mail delivery by the United States Post Office. The station location must be a place where a station can be physically located. (A postal box, RFD number, or general delivery is unsuitable as a station location.) 97.23 License term. (a) Amateur operator/primary station licenses and club, military recreation and RACES station licenses are normally issued for a 10 year term. (b) A reciprocal permit for alien amateur license is normally issued only for a 1 year term. 97.25 FCC modification of station license. (a) The FCC may modify an amateur station license, either for a limited timer or for the duration of the term thereof, if it determines: (1) that such action will promote the public interest, con- venience and necessity; or (2) that such action will cause the provisions of the Com- munications Act of 1934, as amended, or any treaty ratified by the United States, to be more fully complied with. (b) When the FCC makes such a determination, it will issue an order of modification. The order of modification will not become final until the licensee is notified in writing of the proposed action and the grounds and reasons thereof. The licensee will be given reasonable opportunity of no less than thirty days to protest the modification; except that, where safety of life or property is involved, a shorted period of notice may be provided. Any protest by a licensee of an FCC order of modification will be handled in accord with the provisions of 47 U.S.C 316. 97.25 Replacement license. Each licensee or permittee whose original document is lost, mutilated or destroyed must request a replacement. The request must be made to: FCC, P.O. Box 1020, Gettysburg, PA 17326. A statement of how the document was lost, mutilated or destroyed must be attached to the request. A replacement license must bear the same expiration date as the license for which it is a replacement. Subpart B - Fundamental Purposes of the Amateur Service Serving the Public 97.101 Operation during a disaster. (a) When normal communication systems are overloaded, damaged or disrupted because a disaster has occurred, or is likely to occur, in an area where the amateur service is regulated by the FCC, an amateur station may make transmissions necessary to meet essential communication needs and facilitate relief actions. (b) When normal communication systems are overloaded, damaged or disrupted because a natural disaster has occurred, or is likely to occur, in an area where the amateur service is not regulated by the FCC, an amateur station assisting in meeting essential communication needs and facilitating relief actions may do so only in accord with ITU (International Telecommunications Union) Resolution No. 640 (Geneva, 1979). The HF (high fre- quency) 80 m, 75 m, 40 m, 30 m, 20 m, 15 m and 12 m bands and the VHF (very-high frequency) 2 m band may be used for these pur- poses. (c) When a disaster disrupts normal communication systems in a particular area, the FCC may declare a temporary state of com- munication emergency. The declaration will set forth any special conditions and special rules to be observed by amateur stations during the communication emergency. A request for a declaration of a temporary state of emergency should be directed to the EIC in the area concerned. (d) An amateur station may transmit emission J3E and R3E on the channel at 5.176 MHz (megahertz) within Alaska or within 80.5 km of Alaska for emergency communications with other stationsauthorized to use this frequency in Alaska. The frequency must be shared with stations licensed in the Alaska private fixed service which may also transmit non-emergency communications. The transmitter power must not exceed 150 W (watts). 97.103 Safety of life and protection of property. No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of prop- erty when normal communication systems are not available. 97.105 Station in distress. (a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance. (b) No provision of these rules prevents the use by an amateur station, in the exceptional circumstances described in paragraph (a), of any means of radiocommunications at its dis- posal to assist a station in distress. 97.107 Communications for public gatherings. An amateur station may transmit communications in support of a public gathering (parade, race, marathon, etc.) only where the main beneficiary of such communications is the public. An amateur station may not be used for logistical support of any sponsoring organization. Advancing the radio art 97.131 Authorized emission types. (a) The following terms are used in this part to indicate emission types. (Refer to 2.201 of the FCC rules, "Emission, modulation and transmission characteristics", for information on emission type designators.) (1) "Test" (emissions containing no information or no modula- tion; test does not include pulse emissions with no information or no modulation unless pulse emissions are also authorized in the frequency band. (2) "Amplitude-modulated" and "angle-frequency/phase- modulated" emission types: (i) CW (international Morse code telegraphy emissions having A, C, H, J or R as the first symbol; 1 as the second symbol; A or B as the third symbol; J2A and J2B.) (ii) MCW (tone-modulated international Morse code telegraphy emissions having A, C, D, F, G, H or R as the first symbol; 2 as the second symbol; A or B as the third symbol.) (iii) "Phone" (speech emissions having A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; E as the third symbol; and 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, and MCW for the purpose of providing telegraphy practice inter- spersed with speech, and incidental tones for the purpose of selective calling or alerting or to control the level of a demodulated signal may also be consider phone. (iv) "Image" (facsimile and television emissions having A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; C or F as the third symbol; and B as the first symbol; 7, 8 or 9 as the second symbol; W as the third symbol.) (3) RTTY (narrow-band direct-printing emissions using Inter- national Telegraph Alphabet Number 2, American Standard Code for Information Interchange ANSI X3.4-[1977], or International Radio Consultative Committee Recommendation CCIR 476-2 [1978], 476-3[1982], 476-4 [1986] or 625 [1986], as appropriate, Mode A or B, having A, C, D, F, G, H, J or R as the first symbol; 1 as the second symbol; B as the third symbol; and emission J2B.) Inter- national Morse code telegraphy angle modulation emissions may also be considered RTTY. (4) "Data" (telemetry, telecommand, and data [including packet radio] emissions having A, C, D, F, G, H, J or R as the first symbol; as the second symbol; D as the third symbol and emission J2D.) (5) "Pulse" (emissions having K, L, M, P, Q, V or W as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the second symbol; N, A, B, C, D, E, F, W or X as the third symbol.) (6) SS (spread-spectrum using bandwidth-expansion modulation emissions A, C, D, F, G, H, J or R as the first symbol; X as the second symbol; X as the third symbol.) (b) An amateur station may transmit CW on any frequency otherwise authorized to the control operator. (c) An amateur station may transmit a test emission on any frequency otherwise authorized to the control operator for brief periods for experimental purposes, except that no pulse modula- tion emission may be transmitted on any frequency where pulse is not specifically authorized. (d) An amateur station may transmit the following emission types on frequencies otherwise authorized to the control operator on the amateur service frequencies indicated, subject to the standards specified in paragraph (e). WAVELENGTH FREQUENCIES EMISSION TYPES STANDARDS BAND AUTHORIZED (paragraph (e)) MF - (MEDIUM FREQUENCY) 160m entire band phone,image,RTTY,data....1,2,3 HF 80m entire band RTTY, data...............3,10 75m entire band phone,image..............1,2 40m 7.000-7.075 RTTY,data................3 -do- 7.075-7.100 phone,image..............1,2,12 -do- 7.100-7.150 RTTY,data................3 -do- 7.150-7.300 phone,image..............1,2 30m entire band RTTY,data................3 20m 14.00-14.15 RTTY,data................3 -do- 14.15-14.35 phone,image..............1,2 15m 21.00-21.20 RTTY,data................3,10 -do- 21.20-21.45 phone,image..............1,2 12m 24.89-24.93 RTTY,data................3 -do- 24.93-24.99 phone,image..............1,2 10m 28.00-28.30 RTTY,data................4,10 -do- 28.30-29.50 phone,image..............1,2,11 -do- 28.50-29.00 phone,image..............1,2 -do- 29.00-29.70 phone,image..............2 VHF 6m 50.1-51.0 MCW,phone,image, RTTY,data................2,5,7,14 -do- 51.0-54.0 MCW,phone,image, RTTY,data,test...........2,5,7,14 2m 144.1-148.0 MCW,phone,image, RTTY,data,test...........2,5,7,14 1.25m entire band MCW,phone,image, RTTY,data,test...........2,5,7,14 UHF (ULTRA-HIGH FREQUENCY) 70cm entire band MCW,phone,image RTTY,data,SS,test........6,8,13,14 33cm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 23cm entire band MCW,phone,image,RTTY data,SS,test.............6,9,13,14 13cm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 SHF (SUPER-HIGH FREQUENCY) 9cm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 5cm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 3cm entire band MCW,phone,image,RTTY data,SS,test.............6,9,13,14 1.2cm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 EHF (EXTREMELY HIGH FREQUENCY) 6mm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 4mm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 2.5mm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 2mm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 1mm entire band MCW,phone,image,RTTY data,SS,test,pulse.......6,8,13,14 ---- above 300 Ghz MCW,phone,image,RTTY data,SS,test,pulse.......6,9,13,14 (e) Emission standards (refer to paragraph (d)): (1) No angle-modulated emission transmitted on this frequency band may have a modulation index greater than 1 at the highest modulation frequency. (2) No non-phone emission transmitted on this frequency band may exceed the bandwidth of a communications quality phone emis- sion of the same modulation type. An independent sideband emis- sion (having B as the first symbol) or a multiplexed image and phone emission may be transmitted on this frequency band provided that the total bandwidth does no exceed that of a communications quality emission A3E transmission. (3) For RTTY and data emissions transmitted on this frequency band, the sending speed must not exceed 300 baud, or the fre- quency shift between mark and space must not exceed 1 kHz. (4) For RTTY and data emissions transmitted on this frequency band, the sending speed must not exceed 1200 baud, or the fre- quency shift between mark and space must not exceed 1 kHz. (5) For RTTY and data emissions transmitted on this frequency band, the sending speed must not exceed 19.6 kilobaud, or the frequency shift between mark and space must not exceed 1 kHz. (6) For RTTY and data emissions transmitted on this frequency band, the sending speed must not exceed 56 kilobaud, or the fre- quency shift between mark and space must not exceed 1 kHz. (7) RTTY and digital emissions using any digital code may be transmitted on this frequency band only to points where the amateur service is regulated by the FCC. The "authorized band- width" (the width of the frequency band outside of which the mean power of the total emission must be attenuated at least 26 dB (decibels) below the mean power of the total emission) is 20 kHz. (8) RTTY and digital emissions using any digital code may be transmitted on this frequency band only to points where the amateur service is regulated by the FCC. The authorized band- widht is 100 kHz. (9) RTTY and digital emissions using any digital code may be transmitted on this frequency band only to points where the amateur service is regulated by the FCC. (10) A station having a Novice or Technician control operatormay only transmit a CW emission on this frequency band. (11) A station having a Novice or Technician control operator may only transmit CW emissions and phone single-sideband emis- sions J3E and R3E on this frequency band. (12) Amplitude-modulated and angle-modulated emissions may be transmitted on this frequency band only by amateur stations located in ITU Regions 1 and 3, and by amateur stations located within ITU Region 2 that are west of 130 degrees West longitude or south of 20 degrees North latitude. (13) Multiplexed signals on the same RF (radio frequency) carrier are permitted on this frequency band where the resulting emission bandwidth does not exceed that of the greatest author- ized bandwidth for this frequency band. (14) A RTTY emission having 2, 7 or 9 as the second symbol is also permitted within bandwidth limitations. A data emission having A, B, C, D, F, G, H, J or R as the first symbol; 1, 2, 7 or 9 as the second symbol; and D or W as the third symbol is also permitted. Advancing skills 97.151 Control operator frequency privileges. The following transmitting frequency bands are available to amateur stations having a control operator of the license class designated and located within the major portion of the earth's atmosphere, including aeronautical, land and marine locations within the ITU Region designated, except where the amateur serv- ice is regulated by another country or United States agency: [INSERT Table from Page 15] [INSERT Table from Page 16] 97.154 Alien control operator privileges. (a) The control operator privileges available to an amateur station having a control operator holding an amateur service license issued by the Government of Canada are: (1) The terms of the "Convention Between the United States and Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country"; (2) The operating terms and conditions of the amateur service license issued by the Government of Canada; (3) The applicable provisions of FCC rules, but not to exceed the control operator privileges of an FCC-issued Amateur Extra operator license. (4) Any further conditions the FCC may impose. (b) The control operator privileges available to an amateur station having a control operator holding an FCC-issued recipro- cal permit for alien amateur licensee are: (1) The terms of the bilateral agreement between the alien's government and the United States; (2) The operating terms and conditions of the amateur service license issued by the alien's government. (3) The applicable provisions of FCC rules, but not to exceed the control operator privileges of an FCC-issued Amateur Extra license; (4) Any further conditions the FCC may impose. (5) None, if the holder of the reciprocal permit has obtained an FCC-issued amateur operator/primary amateur station license. (c) At any time the FCC may, in its discretion, modify, suspend, or cancel the amateur service privileges within or over any area where radio services are regulated by the FCC of any Canadian amateur service licensee or alien reciprocal permittee. Training operators 97.171 Qualifying for an amateur operator license. Examination is required for the issuance of a new amateur operator license, and for each change in operator class. 97.173 Examination elements and standards. (a) A telegraphy examination must be such as to prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the prescribed speed during a minimum 5 minute test period. The examinee is responsible for knowing all the letters of the alphabet, numerals 0-9, period, comma, question mark, slant mark and prosigns ar, bt and sk. (1) Element 1(A); 5 words per minute; (2) Element 1(B); 13 words per minute; (3) Element 1(C); 20 words per minute. (b) A written examination must be such as to prove that the examinee possesses the operational and technical qualifications required to perform properly the duties of an amateur service licensee. The minimum passing score for each examination is 74%. Each written examination must be comprised of a "question set" (a series of examination questions) as follows: (1) Element 2: At least 30 questions concerning the privileges of a Novice operator license. (2) Element 3(A): At least 25 questions concerning the addi- tional privileges of a Technician operator license. (3) Element 3(B): At least 25 questions concerning the addi- tional privileges of a General operator license. (4) Element 4(A): At least 50 questions concerning the addi- tional privileges of an Advanced operator license. (5) Element 4(B): At least 40 questions concerning the addi- tional privileges of an Amateur Extra operator license. (c) The topics and percentage of questions in each question set must be that listed for the appropriate examination element: [INSERT Table from Page 18] 97.175 Examination requirements. Applicants for operator licenses must pass (or otherwise receive examination credit for) the following examination ele- ments: (a) Amateur Extra operator: Elements 1(C), 2, 3(A), 3(B), 4(A) and 4(B); (b) Advanced operator: Elements 1(B), 2, 3(A), 3(B) and 4(A); (c) General operator: Elements 1(B), 2, 3(A) and 3(B); (d) Technician operator: Elements 1(A), 2 and 3(A); (e) Novice operator: Elements 1(A) and 2. Enhancing international goodwill 97.191 International communications. Transmissions between amateur stations of different countries, when permitted, must be limited to messages of a tech- nical nature relating to tests, and, to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified. Radiocommunication with an amateur station in a different country is forbidden if the administration of that country has given notice that it objects to such radiocommunications. The FCC will make public notice of current arrangements for international com- munications. Subpart C - Station Operation Standards 97.201 Good amateur practice. In all respects not specifically covered by these rules each amateur station must be operated in accordance with good engineering and good amateur practice. 97.203 Frequency sharing. (a) In each ITU Region, each frequency band allocated to the amateur service is designated as either a secondary service or a primary service. [A station in a secondary service must not cause "harmful interference" (interference that seriously degrades, obstructs or repeatedly interrupts the operation of a radio serv- ice) to, and must accept interference from, stations in a primary service. See 2.105 and 2.106 of the FCC rules, "United States Table of Frequency Allocations" for sharing requirements.] Where, in adjacent ITU Regions or Subregions, a band of frequen- cies is allocated to different services of the same category, the basic principle is the equality of right to operate. An amateur station in one ITU Region or Subregion may only transmit so as not to cause harmful interference to services in other ITU Regions or Subregions. (b) No frequency will be assigned for the exclusive use of any amateur station. Each amateur operator must cooperate in the selection and use of amateur service frequencies in order to make the most effective use of the frequencies. 97.205 Station licensee responsibilities. (a) The station licensee is responsible for the proper opera- tion of the station in accordance with the rules of this part. When the control operator is a different person than the station licensee, both persons are equally responsible for proper opera- tion of the station. (b) The station licensee must designate the person to be the station control operator. The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary is in the station records. (c) The station licensee must make the station and the sta- tion records available for inspection upon request by an FCC rep- resentative. When deemed necessary by an EIC to assure com- pliance with FCC rules, the station licensee must maintain a record of station operations containing such items of information as the EIC may require under 0.314(x) of the FCC rules. 97.207 Control operator duties. (a) The control operator must ensure the proper operation of an amateur station whenever the control operator causes or allows the station to transmit. (b) An amateur station may only be operated in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator. (c) When an amateur station is transmitting, the control operator must be present at the control point, except when the station is under automatic control or in space operation. 97.209 Control point. Each amateur station must have at lease one "control point" (the operating position of the station where the control operator function is performed). 97.211 Station control. (a) When an amateur station is transmitting under "local con- trol" (the use of a control operator who directly manipulates the operating adjustments in an amateur station to achieve compliance with FCC rules), the control operator must be at the control point. Any amateur station may be under local control. (b) When an amateur station is transmitting under "remote control" (the use of a control operator who manipulates the operating adjustments in an amateur station through a control link to achieve compliance with FCC rules), the control operator must be at the control point. Any amateur station may be under remote control. For purposes of this subpart, ancillary func-tions of an amateur station in repeater operation that are avail- able to users on the input channel are not considered remote con- trol functions of the station. (c) When an amateur station is transmitting under "automatic control" (the use of devices and procedures in an amateur station to achieve compliance with FCC rules), the control operator need not be at the control point. Only stations in specific types of operation designated elsewhere in this part may be under automatic control. Automatic control must cease upon notifica- tion by an EIC that the station is transmitting improperly or causing harmful interference to other stations. Automatic con- trol must not be resumed without prior approval of the EIC. (d) No amateur station may be operated under automatic con- trol while transmitting third-party traffic, except a station retransmitting digital packet radio communications on the 6 m and shorter wavelength bands. Such stations must be using the AX.25 "Amateur Packet-Radio Link-Layer Protocol, Version 2.0", October 1984 (or compatible). The retransmitted messages must originate at an amateur station that is under local control or remote con- trol. 97.213 Authorized transmissions. (a) An amateur station may transmit "intercommunications" (an exchange of messages between amateur stations) only with: (1) Another amateur station, except with one in any country whose administration has given notice that it objects to such radiocommunications. (2) A station in another service licensed by the FCC, neces- sary to providing communications under 97.101, 97.103, and 97.105 of the FCC rules. (3) A United States government station, necessary to provid- ing communications in RACES. (4) A station that is authorized by the FCC to intercommuni- cate with amateur stations. (b) An amateur station may only transmit the following types of one-way communications: (1) "Brief" (less than 1-minute) transmissions necessary to make adjustments to the station; (2) Brief transmissions necessary to establishing a two-way intercommunication with other stations; (3) Transmissions while the station is in "auxiliary opera- tion" (transmitting point-to-point communications within a system of amateur stations), such as a "control link" (wireline or radio apparatus for the control operator to manually manipulate the operating adjustments of a remotely controlled station from the control point). (4) Transmissions while the station is in "beacon operation" (transmitting communications to facilitate measurement of radio apparatus characteristics, adjustment of radio apparatus, obser- vation of propagation or transmission phenomena, or other related activities); (5) Transmissions necessary to control a device from a remote location; (6) Transmissions necessary for communications directly relating to the immediate safety of life of individuals or the immediate protection of property. (7) Transmissions necessary for "telecommand operation" (earth-to-space communications from an amateur station that is within the major portion of the earth's atmosphere to initiate, modify or terminate functions of an amateur station in space operation); (8) Transmissions necessary for "telemetry" (space-to-earth communications from an amateur station in space operations of results of measurements made in the station including those relating to the function of the station); (9) Transmissions necessary to disseminate "information bul-letins" (messages directed only to amateur operators that consist solely of subject matter having direct interest to the amateur service as such); (10) Transmissions necessary for "telegraphy practice" (mes- sages directed only to persons learning or improving proficiency in the international Morse code). (11) Retransmission of "space shuttle communications" (com- munications transmitted on United States Government frequencies) between a space shuttle and its associated earth stations. Prior approval for such retransmissions must be obtained from the National Aeronautics and Space Administration. Such retransmis- sions must be for the exclusive use of amateur operators. 97.215 Third-party traffic. (a) An amateur station may transmit "third-party traffic" [messages from the control operator (first party) of the station to another amateur station control operator (second party) on behalf of another person (third party)] except to an amateur sta- tion in a country whose administration has not made arrangements with the United States to allow amateur stations to be used for transmitting international communications on behalf of third parties. (b) The third party may participate in stating the third- party traffic if: (1) The control operator is present at the control point and is continuously monitoring and supervising the third party's par- ticipation; and (2) The third party is not a prior amateur service licensee whose license was revoked; suspended for less than the balance of the license term and the suspension is still in effect; suspended for the balance of the license term and relicensing has not taken place; or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings. The third party may not be subject of a cease and desist order which relates to amateur service operation and which is still in effect. (c) At the end of an exchange of international third-party traffic, the station must also transmit in the station identifi- cation procedure the call sign of the station with which third- party traffic was exchanged. 97.127 Station identification procedure. (a) Each amateur station, except a station in space operation or telecommand operation, must transmit its assigned call sign on its transmitting frequencies at the end of each communication, and every ten minutes or less during a communication, for the purpose of clearly making the source of the transmissions from the station known to those receiving the transmissions. No sta- tion may transmit unidentified communications or signals, or transmit in the station identification procedure a call sign not authorized to the station. (b) The station identification must be transmitted using an emission authorized for the transmittig frequencies in one of the following ways: (1) By a CW emission (when keyed by an automatic device used only for identification, the speed must no exceed 20 words per minute); (2) By a phone emission in the English language (use of a nationally or internationally recognized standard phonetic alphabet as an aid for correct telephone identification is encouraged); (3) By a RTTY emission when all or part of the communications are transmitted in the same digital code as the station identifi- cation or when the communications consist of a data emission transmitted on the VHF 6 m or shorter wavelength band. (4) By an image emission conforming to the applicable trans-mission standards, either color or monochrome, of Section 73.682(a) of the FCC Rules, 47 C.F.R. 73.682(a), when all or part of the communications are transmitted in the same image emission. (5) By a CW or phone emission for spread spectrum communica- tions on a narrow bandwidth frequency segment. Alternatively, by the changing of one or more parameters of the emission such that a conventional CW or phone emission receiver can be used to determine the station call sign. (c) When an "identifier" (words, letters or numerals appended to the call sign) is included with the station call sign in the identification procedure, it must be separated from the call sign by the slant mark or by the word 'stroke'. (d) When the operator license class held by the control operator exceeds those of the station licensee, the call sign assigned to the control operator's amateur station must be included after the call sign. (e) When the amateur station control operator is using privileges on the basis of holding a CSCE, an identifier must be included after the station call sign in the identification proce- dure as follows: (1) KT for Technician operator; (2) AG for General operator; (3) AA for Advanced operator; (4) AE for Amateur Extra operator. (f) When the station is operated under a reciprocal permit for alien amateur licensee or an amateur service license issued by the Government of Canada, an identifier consisting of the appropriate letter-numeral designating the station location must be included after the call sign issued to the station by the licensing country. At least once during each communication, the station must indicate in the English language the geographical location as nearly as possible by city and state, commonwealth or possession. (g) A self-assigned identifier may be included after the call sign. The identifier must not conflict with any other identifier specified by FCC rules or by a prefix assigned to another country. 97.219 Prohibited transmissions. (a) No amateur station shall transmit communications that are normally transmitted by other authorized radio services, except as necessary for "emergency communications" (amateur radio com- munications directly relating to the immediate safety of life of individuals or the immediate protection of property). (b) No amateur station shall transmit messages for hire, nor for communication for material compensation, direct or indirect, paid or promised. The control operator of a club station may accept compensation for such periods of time during which the station is transmitting telegraphy practice or information bul- letins provided that: (1) The station transmits the telegraphy practice and information bulletins for at least 40 hours per week; (2) The station schedules operations on all amateur service MF and HF bands using reasonable measures to maximize coverage; (3) The schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmis- sions; (4) The control operator does not accept any direct or indirect compensation for periods during which the station is transmitting any other material. (c) No amateur station shall transmit "business communica tions" (any transmission or communication the purpose of which is to facilitate the regular business or commercial affairs of any party except as necessary for emergency communications, unless they are incidental to the communication. Communications to inform other amateur operators of the availability of apparatusnormally used in an amateur station are not considered business communications. (d) No amateur station shall transmit communications in order to engage in any form of "broadcasting" (the dissemination of radio communications intended to be received by the public directly or by the intermediary of relay stations), nor to engage in any activity related to program production or newsgathering for broadcasting purposes. (e) No amateur station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, unless specifically authorized in this Part. No amateur station, except a station in repeater operation or auxiliary operation, may automatically retransmit the radio signals of other amateur stations. (f) No amateur station shall transmit communications to con- vey news information about an event for dissemination to the pub- lic unless all of the following conditions are present: (1) The information is critical to protecting the immediate safety of life of individuals or the immediate protection of property; (2) The news information is directly related to event; (3) The event is unforeseen; and (4) The news information cannot be transmitted by any means other than an amateur station because normal communication systems have been disrupted or because there are no other com- munication systems available at the place where the information is originated. (g) No amateur station shall transmit: music; radiocom- munications or messages for any purpose, or in connection with any activity, that is contrary to federal, state or local law; messages in codes or ciphers where the intent is to obscure the meaning; obscene, indecent, or profane words, language, or mean- ing; and/or false or deceptive messages or signals. (h) No amateur operator shall willfully or maliciously cause any device to transmit in a manner that causes harmful inter- ference. 97.221 Restricted operation. The FCC may restrict operations as necessary to prevent harm- ful interference. Subpart D - Special Operations 97.301 Auxiliary operation. (a) When an amateur station is in auxiliary operation under the provisions of this section, the identifier "a", "aux" or "auxiliary" must be included after the call sign during the sta- tion identification procedure. (b) A station in auxiliary operation may transmit only one- way communications to stations shown in the "system network diagram" (a drawing showing each station in the system and its relationship to the other stations in the system, and to all con- trol points). The system network diagram must be retained in the station records during any period of operation. (c) A station in auxiliary operation may transmit only on VHF 1.25 m and shorter wavelength bands, exept the 220.0-220.5 MHz segment and the UHF 431-433 MHz and 435-438 MHz segments; (d) Where an amateur station in auxiliary operation causes harmful interference to another amateur station in "repeater operation" [other than auxiliary operation, retransmitting "auto- matically" (without any direct, positive action by the control operator) the radio signals of other amateur stations] or auxiliary operation, the two stations are equally and fully responsible for resolving the interference unless one station's operation is recommended by a "frequency coordinator" (an entity recognized in a local or regional area by licensees of amateurstations eligible to engage in auxiliary operation or repeater operation that recommends frequencies and, where necessary, asso- ciated operating and technical parameters for stations in auxiliary operation or repeater operation in order to avoid or minimize potential interference) and the other station's is not. In that case, the station engaged in non-coordinated operation has primary responsibility to resolve the interference. (e) An amateur station in auxiliary operation may be under automatic control only when it is part of a system that includes a station in repeater operation also under automatic control. (f) No station may be auxiliary operation when the control operator or station licensee is a Novice operator. 97.303 Beacon operation. (a) When an amateur station is in beacon operation under the provisions of this section, the identifier "b", "bcn" or "beacon" must be included after the call sign during the station identifi- cation procedure. (b) An amateur station in beacon operation must not con- currently transmit on more than 1 channel in the same amateur service frequency band, from the same point. (c) The transmitter power of an amateur station in beacon operation must not exceed 100 W. (d) An amateur station in beacon operation may be operated under automatic control when it is transmitting on: (1) VHF 28.20-28.30 MHz, 50.06-50.08 MHz, 144.05-144.06 MHz, 220.5-220.06 MHz and 222.05-222.06 MHz segments; (2) UHF 432.07-432.08 MHz segment; (3) UHF 33 cm and shorter wavelength bands. (e) Before changing the transmitting frequency, transmitter power, antenna height or directivity, or the location of an existing amateur station in beacon operation under automatic con- trol in the "National Radio Quiet Zone" (the area bounded by 39 degrees 15'N on the north, 78 degrees 30'W on the east, 37 degrees 30'N on the south and 80 degrees 30'W on the west), or before establishing such an amateur station in the National Radio Quiet Zone, the station licensee must give written notification thereof to the Director, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944. (1) The notification must include the geographical coor- dinates of the antenna, antenna structure height, antenna direc- tivity, proposed frequency, type of emission, and transmitter power. (2) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy Observatory at Green Ban, Pocahontas County, WV, for itself or on behalf of the Naval Research Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. (f) A station in beacon operation must cease transmissions upon notification by an EIC that the station is operating improperly or causing undue interference to other operations. Beacon operation may no resume without prior approval of the EIC. (g) No station may be in beacon operation when the control operator or station licensee is a Novice operator. 97.305 Repeater operation. (a) When an amateur station is in repeater operation under the provisions of this section, the identifier "r", "rpt" or "repeater" must be included after the call sign during the sta- tion identification procedure. (b) A station in repeater operation may retransmit only on and from the HF 10 m and shorter wavelength frequency bands except: (1) HF 28.0-29.5 MHz segment; (2) VHF 50.0-52.0 MHz, 144.0-144.5 MHz, 145.5-146.0 MHz and 220.0-220.5 MHz segments; (3) UHF 431.0-433.0 MHz and 435.0-438.0 MHz segments. (c) No station in repeater operation may concurrently trans- mit from the same location on more than 1 channel in the same amateur service frequency band. (d) Where the transmissions of a station in repeater opera- tion cause harmful interference to another station in repeater or auxiliary operation, the two stations are equally and fully responsible for resolving the interference unless the operation of one station is recommended by a frequency coordinator and the operation of the other station is not. In that case, the station engaged in non-coordinated operation has primary responsibility to resolve the interference. (e) A station in repeater operation may be under automatic control. (f) Transmissions from a station in repeater operation must be discontinued within 5 seconds after cessation of transmission by the user amateur station. (g) Provisions to limit automatically the use of a station in repeater operation to only certain user amateur stations may be incorporated. (h) A station in repeater operation may be under radio remote control only when the control link uses frequencies other than the input (receiving) frequencies of the station in repeater operation. (i) Before changing the transmitting frequency, transmitting power, antenna height or directivity, or the location an existing station in repeater operation in the National Radio Quiet Zone or before establishing such a station in the National Radio Quiet Zone the station licensee must give written notification thereof to the Director, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944. (1) The notification must include the geographical coor- dinates of the station antenna, antenna structure height, antenna directivity, proposed frequency, type of emission, and trans- mitter power. (2) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy Observatory at Green Bank, Pocahontas County, WV, for itself or on behalf of the Naval Research Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. (j) No station may be repeater operation when the control operator or station licensee is a Novice operator. 97.307 Remote control of an amateur station. (a) An amateur station may be under remote control where: (1) There is a control link between the control point and the station sufficient for the control operator to perform his/her duties. The control link must be wireline, fiber optic cable or radio. If by radio, the control link must use an amateur station in auxiliary operation. (A radio control link using another telecommunication service is considered wireline.) (2) Provisions are to be incorporated to limit transmission by the station to a period of no more than 3 minutes in the event of malfunction in the control link. (3) The station is protected against being caused to make unauthorized transmissions. (4) A photocopy of the station license and the name, address, and telephone number of the station licensee and at least one designated control operator is posted in a conspicuous place at the station location. (5) During any period the station is under remote control, the station records must include the names, addresses, and callsigns of designated control operators and a functional block diagram of the control link and a technical explanation suffi- cient to describe its operation. (b) A station in "space operation" (transmitting space-to- earth and space-to-space communications from a station that is beyond, is intended to go beyond, or has been beyond the major portion of the earth's atmosphere) is exempt from the require- ments of this section. 97.309 Remote control of model craft. An amateur station transmitting signals to control a model craft may be operated as follows: (a) The station identification procedure is not required for transmissions directed only to the model craft provided that a writing indicating the station call sign and the station licensee's name and address is affixed to the station trans- mitter. (b) The control signals are not considered codes or ciphers intended to obscure the meaning of the communication. (c) The transmitter power must not exceed 1 W. 97.311 Space operation. (a) An amateur station in space operation must be capable of effecting a cessation of transmissions by commands transmitted by a station in telecommand operation whenever such cessation is ordered by the FCC. There must be in place sufficient amateur stations, licensed by the FCC, capable of telecommand operations to effect cessation of space operation, whenever such is ordered by the FCC. (b) The following frequencies are authorized to stations in space operation: (1) HF 7.0-7.1 MHz and 14.00-14.25 MHz segments and the 15 m, 12 m and 10 m bands. (2) VHF 144-146 MHz segment. (3) UHF 1290-1270 MHz and 2400-2450 GHz segments; (4) SHF 3.40-3.41 GHz, 5.83-5.85 GHz, 10.45-10.50 GHz and 24.00-24.05 GHz segments; (5) EHF 6 mm, 4mm, 2mm and 1 mm bands. (c) A station in space operation may automatically retransmit the radio signals of other stations in earth operation and sta- tions in space operation. (d) Telemetry transmitted by a station in space operation may consist of specially coded messages intended to facilitate com- munications. (e) Only an amateur station licensed to an Amateur Extra operator is eligible for space operation. The station licensee may permit an amateur operator to be the control operator, sub- ject to the privileges of the control operator. (f) The licensee of each station in space operation must give two written pre-space notifications to the Private Radio Bureau, FCC, Washington, DC 20554. Each notification must be in accord with the provisions of Articles 11 and 13 of the ITU "Radio Regulations" (Geneva, 1979). (1) The first notification is required no less than 27 months prior to initiating space operation and must specify the informa- tion required by Appendix 4, ITU "Radio Regulations" (Geneva, 1979), to the extent required by ITU Resolution No. 642. (2) The second notification is required no less than 5 months prior to initiating space operation and must specify the informa- tion required by Appendix 3, ITU "Radio Regulations" (Geneva, 1979) to the extent required by ITU Resolution No. 642. (g) The licensee of each station in space operation must give a written in-space operation notification to the Private Radio Bureau, FCC, Washington, DC 20554, no later than 7 days following initiation of the space operation. The notification must update the information contained in the pre-space operation notifica-tion. (h) The licensee of each station in space operation must give a written post-space operation notification to the Private Radio Bureau, FCC, Washington, DC 20554 no later than 3 months after termination of the space operation. When the termination is ordered by the FCC, notification is required no later than 24 hours after termination. 97.313 Earth operation. (a) The following frequencies are authorized to stations in "earth operation" (transmitting earth-to-space communications from a station within the major portion of the earth's atmos- phere): (1) HF 8.7-7.1 MHz and 14.00-14.25 Mhz segments and the HF 15 m, 12 m, and 10 m bands; (2) VHF 144-146 MHz segment; (3) UHF 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz seg- ments; (4) SHF 3.40-3.41 GHz, 5.65-5.67 GHz, 5.83-5.85 GHz, 10.45- 10.50 GHz and 24.00-24.05 GHz segments; (5) EHF 6mm, 4mm, 2mm and 1 mm bands. (b) A station in earth operation within the military areas designated in footnote US7 2.106 of the FCC rules, may transmit on the UHF 435-438 MHz segment with a maximum of 611 W effective radiated power (1 kW equivalent isotropically radiated power) without the authorization otherwise required by 97.403(f) of the FCC rules. 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 degrees. (c) Any amateur station is eligible for earth operation. 97.315 Telecommand operation. (a) A station in telecommand operation may transmit special codes intended to obscure the meaning of telecommand messages to the station in space operation. (b) The following frequencies are authorized to stations in telecommand operation: (1) HF 7.0-7.1 MHz and 14.00-14.25 MHz segments and the HF 15 m, 12 m and 10 m bands; (2) VHF 144-146 MHz segments; (3) UHF 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz seg- ments; (4) SHF 3.40-3.41 GHz, 5.65-5.67 GHz, 5.83-5.85 GHz, 10.45- 10.50 GHz and 24.00-24.05 GHz segments; (5) EHF 6 mm, 4 mm, 2mm and 1 mm bands. (c) A station in telecommand operation within the military areas designated in footnote US7 2.106 of the FCC rules, may transmit on the UHF 435-438 MHz segment with a maximum of 611 W effective radiated power (1kW equivalent isotropically radiated power) without the authorization otherwised required by 97.403(f) of the FCC rules. 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 degrees. (d) Any amateur station designated by the licensee of a sta- tion in space operation is eligible to conduct telecommand opera- tion of the station in space operation. 97.317 RACES operation. (a) No station may transmit in RACES unless it is an FCC- licensed primary, club, or military recreation station and is certified by a civil defense organization as registered in that organization, or is an FCC- licensed RACES station. No person may be the control operator of a RACES station, or may be the control operator of an amateur station transmitting RACES unlessthat person holds a FCC-issued amateur operator license and is certified by a civil defense organization as enrolled in that organization. (b) The frequencies and emissions authorized to the control operator are available to stations transmitting communications in RACES on a shared basis with the amateur service. In the event of an emergency which necessitates the invoking of the Presi- dent's War Emergency Powers under the provisions of Section 706 of the Communications Act of 1934, as amended, 47 U.S.C 606, RACES stations and amateur stations participating in RACES may only transmit on the following frequencies: (1) HF 1800-1825 kHz, 1975-200 kHz, 3.50-3.55 MHz, 3.93-3.98 MHz, 3.984-4.000 MHz, 7.079-7.125 MHz, 7.245-7.255 MHz, 10.10- 10.15 MHz, 14.047-14.053 MHz, 14.22-14.23 MHz, 14.331-14.350 MHz, 21.047-21.053 MHz, 21.228-21.267 MHz, 28.55-28.75 MHz, 29.237- 29.273 Mhz and 29.45-29.65 MHz segments; (2) VHF 50.35-50.75 MHz, 52-54 MHz, 144.50-145.71 MHz and 146-148 MHz segments and 1.25 m band; (3) UHF 70 cm and 23 cm bands, and UHF 2390-2450 MHz segment. (4) Channels at 3.997 MHz and 53.30 MHz may be used in emergency areas when required to make initial contact with a military unit and for communications with military stations on matters requiring coordination. (c) A RACES station may only intercommunicate with: (1) Another RACES station; (2) An amateur station registered with a civil defense organ- ization; (3) A station in the Disaster Communications Service (Part 99, FCC rules); (4) A United States Government station authorized by the responsible agency to intercommunicate with RACES stations; (5) A station in a service regulated by the FCC whenever such intercommunication is authorized by the FCC; (d) An amateur station registered with a civil defense organ- ization may only intercommunicate with: (1) A RACES station licensed to the civil defense organiza- tion with which the amateur station is registered; (2) The following stations upon authorization of the responsible civil defense official for the organization in which the amateur station is registered: (A) A RACES station licensed to another civil defense organi- zation; (B) An amateur station registered with the same or another civil defense organization; (C) A station in the Disaster Communications Service; (D) A United States Government station authorized by the responsible agency to intercommunicate with RACES stations; (E) A station in a service regulated by the FCC whenever such intercommunication is authorized by the FCC; (e) All communications transmitted in RACES must be specifi- cally authorized by the civil defense organization for the area served. Only civil defense communications of the following types may be transmitted: (1) Messages concerning impending or actual conditions jeop- ardizing the public safety, or affecting the national defense or security during periods of local, regional, or national civil emergencies. (2) Messages directly concerning the immediate safety of life of individuals, the immediate protection of property, maintenance of law and order, alleviation o fhuman suffering and need, and the combating of armed attack or sabotage. (3) Messages directly concerning the accumulation and dis- semination of public information or instructions to the civilian population essential to the activities of the civil defense organization or other authorized governmental or relief agencies. (4) Communications for training drills and tests necessary toensure the establishment and maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil defense organization served. Such tests and rills may not exceed a total time of 1 hour per week. (5) Brief one-way transmission for the testing and adjustment of equipment. (f) No station in the RACES may transmit messages for hire, nor provide communications for material compensation, direct or indirect, paid or promoted. (g) All messages that are transmitted in connection with drills or tests shall be clearly identified as such by use of the words "drill" or "test," as appropriate, in the body of the mes- sages. Subpart E - Technical Standards 97.401 Purity of transmissions. (a) No amateur station transmission shall occupy more band- width than necessary for the information rate and emission type being transmitted, in accordance with good amateur practice. (b) Emissions resulting from modulation must be confined to the transmitting band available to the control operator. Emis- sions outside the necessary bandwidth must not cause splatter or keyclick interference to operations on adjacent frequencies. (c) All spurious emissions from an amateur station trans- mitter must be reduced to the greatest extent practicable. If any spurious emission, including chassis or power line radiation, causes harmful interference to the reception of another radio station, the licensee of the interfering amateur station may be required to take steps to eliminate the interference, in accord- ance with good engineering practice. (d) The mean power of any spurious emission from an amateur station transmitter of "external RF power amplifier" (a device that when used in conjunction with a transmitter as a signal source, is capable of amplification of that signal, and which is not an integral part of the transmitter as manufactured) trans- mitting on a frequency below 30 MHz must be at least 40 dB below the mean power of the fundamental without exceeding the power of 50 mW. For a transmitter of mean power less than 5 W, the attenuation must be at least 30 dB. A transmitter built before April 15, 1977 or first marketed before January 1, 1978 is exempt from this requirement. (e) The mean power of any spurious emission from an amateur station transmitter or external RF power amplifier transmitting on a frequency between 30-225 MHz must be at least 60 dB below the mean power of the fundamental. For a transmitter having a mean power of 25 W or less, the mean power of any spurious radia- tion supplied to the antenna transmission line must be at least 40 dB below the mean power of the fundamental without exceeding the power of 25 uW, but need not be reduced below the power of 10 uW. A transmitter built before April 15, 1977 or first marketed before January 1, 1978 is exempt from this requirement. 97.403 Maximum transmitting power. (a) An amateur station must use the minimum "transmitter power" (the average power during one RF cycle at the crest of the modulation envelope under normal operating conditions that is present at the antenna terminals where the antenna transmission line, or the antenna if no transmission line, is connected) necessary to carry out the desired communications. (b) No station may transmit with a transmitter power exceed- ing 1.5 kW. Until June 2, 1990, a station may transmit emission A3E with transmitter power exceeding 1.5 kW provided the power input (both RF and direct current) to the final amplifying stage supplying RF power to the antenna feed line does not exceed 1 kW, exclusive of power for heating the cathodes of vacuum tubes. (c) No station may transmit with a transmitter power exceed- ing 200 W on: (1) HF 3.70-3.75 Mhz, 7.10-7.15 MHz, 10.10-10.15 MHz and 21.1-21.2 MHz segments. (2) HF 28.1-28.5 MHz segment when the control operator is a Novice or Technician operator. (3) HF 7.050-7.075 MHz segment when the station is within ITU Regions 1 or 3. (d) No station may transmit with a transmitter power exceed- ing 25 W on the VHF 1.25 m band when the control operator is a Novice operator. (e) No station may transmit with a transmitter power exceed- ing 5 W on the UHF 23 cm band when the control operator is a Novice operator. (f) No station may transmit with a transmitter power exceed- ing 50 watts on the UHF 70 cm band from an area specified in footnote US7 2.106 of the FCC rules, unless expressly authorized by the FCC after mutual agreement, on a case-by-case basis, between the EIC of the appropriate field facility and the MAFC (military area frequency coordinator) at the applicable military base. (g) No station may transmit with a transmitter power exceed- ing 50 watts on the UHF 33 cm band from within 241 km of the boundaries of the White Sands Missile Range. Its boundaries are those portions of Texas and New Mexico bounded on the south by latitude 31 degrees 41' North, on the east by longitude 104 degrees 11' West, on the north by latitude 34 degrees 30 'North, and on the west by longitude 107 degrees 30' West. 97.405 Digital communications. (a) An amateur station may be operated under automatic con- trol while transmitting digital communications on the VHF 6 m or shorter wavelength bands. (d) Digital communication transmissions must not be used for the purpose of obscuring the meaning of any communication. (c) When deemed necessary by an EIC to assure compliance with FCC rules, an amateur station must: (1) Cease the transmission of digital codes; (2) Restrict the transmission of digital codes to the extent instructed; (3) Maintain a record, convertible to the original "informa- tion" (voice, data, image, etc.), of all coded communications transmitted. 97.407 Spread spectrum communications (a) Spread spectrum transmissions are authorized only for communications between points within areas where the amateur service is regulated by the FCC. Spread spectrum transmissions must not be used for the purpose of obscuring the meaning of any communication. (b) Amateur stations transmitting spread spectrum must not cause harmful interference to stations employing other authorized emissions, and must accept all interference caused by stations employing other authorized emissions. (For the purposes of this paragraph, unintended triggering of carrier operated repeaters is not considered to be harmful interference.) (c) Only the following types of spread spectrum transmissions are authorized (hybrid spread spectrum transmissions involving both spreading techniques are prohibited): (1) "Frequency hopping." (The carrier of the transmitted sig- nal is modulated with unciphered information and changes fre- quency at fixed intervals under the direction of a high speed code sequence.) (2) "Direct sequence." (The information is modulo-2 added to a high speed code sequence. The combined information and code are then used to modulate the RF carrier. The high speed codesequence dominates the modulation function, and is the direct cause of the wide spreading of the transmitted signal.) (d) The only spreading sequences that are authorized must be from the output of one binary linear feedback shift register (which may be implemented in hardware or software). (1) Only the following sets of connections may be used: Number of stages Taps used in shift register in feedback 7 7, 1 13 13, 4, 3, 1 19 19, 5, 2, 1 (2) The shift register must not be reset other than by its feedback during an individual transmission. The shift register output sequence must be used without alteration. (3) The output of the last stage of the binary linear feed- back shift register must be used as follows: (i) For frequency hopping transmissions using x frequencies, n consecutive bits from the shift register must be used to select the next frequency from a list of frequencies sorted in ascending order. Each consecutive frequency must be selected by a consecu- tive block of n bits. (Where n is the smallest integer greater than log2 x.) (ii) For direct sequence transmissions using m-ary modula- tion, consecutive blocks of log2 m bits from the shift register must be used to select the transmitted signal during each inter- val. (e) The station records must document all spread spectrum transmissions and must be retained for a period of 1 year follow- ing the last entry. The station records must include sufficient information to enable the FCC, using the information contained therein, to demodulate all transmissions. The station records must contain at least the following: (1) A technical description of the transmitted signal. (2) Pertinent parameters describing the transmitted signal including the frequency or frequencies of operation and, where applicable, the chip rate, the code rate, the spreading function, the transmission protocol(s) including the method of achieving synchronization, and the modulation type. (3) A general description of the type of information being conveyed, (voice, text, memory dump, facsimile, television, etc.); (4) The method and, if applicable, the frequency or frequen- cies used for station identification. (5) The date of beginning and the date of ending use of each type of transmitted signal. (f) When deemed necessary by an EIC to assure compliance with the rules of this part, a station licensee must: (1) Cease spread spectrum transmissions; (2) Restrict spread spectrum transmission to the extent instructed; (3) Maintain a record, convertible to the original informa- tion (voice, text, image, etc.) of all spread spectrum com- munications transmitted. (g) The transmitter power must not exceed 100 W. 97.409 Type acceptance of external RF power amplifiers. (a) No more than 1 unit of 1 model of an external RF power amplifier capable of operation below 144 MHz may be constructed or modified during any calendar year by an amateur operator for use at an amateur station without a grant of type acceptance. No amplifier capable of operation below 144 MHz may be constructed or modified by a non-mateur operator without a grant of type acceptance from the FCC. (b) Any external RF power amplifier or "external RF power amplifier kit" (a number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results in an external RF power amplifier, even if additional parts are required to com- plete assembly) marketed (see in 2.815 of the FCC rules), manufactured, imported or modified for use in an amateur station or attached at any amateur station must be type accepted for use in the amateur service in accordance with Subpart J of Part 2 of the FCC rules. This requirement does not apply if one or more of the following conditions are met: (1) The amplifier is not capable of operation on frequencies below 144 MHz. For the purpose of this part, an amplifier will be deemed to be incapable of operation below 144 MHz if it is not capable of being easily modified to increase its amplification characteristics below 120 Mhz and either: (i) The mean output power of the amplifier decreases, as fre- quency decreases from 144 MHz, to a point where 0 dB or less gain is exhibited at 120 MHz; or (ii) The amplifier is not capable of amplifying signals below 120 MHz even for brief periods without sustaining permanent damage to its amplification circuitry. (2) The amplifier was originally purchased before April 28, 1978, by an amateur operator for use at that licensee's amateur station. (3) The amplifier was: (i) Constructed by the licensee, not from an external RF power amplifier kit, for use at the licensee's amateur station; or (ii) Modified by the licensee for use at the licensee's amateur station. (4) The amplifier is sold by an amateur radio operator to another amateur radio operator or to a dealer. (5) The amplifier is purchased in used condition by an equip- ment dealer from an amateur radio operator and the amplifier is further sold to another amateur radio operator for use at that operator's amateur station. (6) The amplifier was manufactured before April 28, 1978 and has been issued a marketing waiver for the FCC. (c) A list of type accepted equipment may be inspected at FCC headquarters in Washington, DC or at any FCC field location. Any external RF power amplifier appearing on this list as type accepted for use in the amateur service may be marketed for use in the amateur service. 97.411 Standards for type acceptance of external RF power amplifiers. (a) To receive a grant of type acceptance under this part, the amplifier must satisfy the spurious emission limitations of 97.401(d) or (e) of the FCC rules, as applicable, when the amplifier is: (1) Operated at its full output power; (2) Placed in the "standby" or "off" positions, but still connected to the transmitter; and (3) Driven with at least 50 W mean RF input power (unless a higher drive level is specified). (b) To receive a grant of type acceptance under this part, the amplifier must not be capable of operation on any frequency or frequencies between 24 MHz and 35 MHz. The amplifier will be deemed incapable of such operation if it: (1) Exhibits no more than 6 dB gain between 24 MHz and 26 MHz and between 28 MHz and 35 MHz. (This gain will be determined by the ratio of the input RF driving signal (mean power measurement) to the mean RF output power of the amplifier); and (2) Exhibits no amplification (0 dB gain) between 26 MHz and 28 MHz. (c) Type acceptance may be denied when denial would prevent the use of these amplifiers in services other than the amateur service. The following features will result in dismissal or denial of an application for type acceptance: (1) Any accessible wiring which, when altered, would permit operation of the amplifier in a manner contrary to FCC rules; (2) Circuit boards or similar circuitry to facilitate the addition of components to change the amplifier's operating char- acteristics in a manner contrary to FCC rules; (3) Instructions for operation or modification of the amplifier in a manner contrary to FCC rules; (4) Any internal or external controls or adjustments to facilitate operation of the amplifier in a manner contrary to the FCC rules; (5) Any internal RF sensing circuitry or any external switch, the purpose of which is to place the amplifier in the transmit mode; (6) The incorporation of more gain in the amplifier than is necessary to operate in the amateur service. For purposes of this paragraph, the amplifier must: (i) No be capable of achieving designed output power when driven with less than 50 W mean RF input power; (ii) Not be capable of amplifying the input RF driving signal by more than 15 dB, unless the amplifier has a designed trans- mitter power of less than 1.5 kW. In such a case, gain may be reduced by the same number of dB as the transmitter power rela- tionship to 1.5 kW. (This gain limitation is determined by the ration of the input RF driving signal to the RF output power of the amplifier where both signals are expressed in peak envelope power or mean power.); (iii) Not exhibit more gain than permitted by paragraph (d)(6)(ii) of this section when driven by an RF input signal of less than 50 W mean power; and (iv) Be capable of sustained operation at its designed power level. (7) Any attenuation in the input of the amplifier which, when removed or modified, would permit the amplifier to function at its designed transmitter power when driven by an RF frequency input signal of less than 50 W mean power. (8) Any other features designed to facilitate operation in a telecommunication service other than the Amateur Radio Services, such as the Citizens Band (CB) Radio Service. Subpart F - Qualifying Examination Systems Operator License Examinations 97.501 Examination administration procedures. (a) Each examination for an amateur operator license must be administered at a location and a time specified by the administering VEs. Each administering VE must be present and observe the examinee throughout the entire examination. The administering VEs are responsible for the proper conduct and necessary supervision of each examination. The administering VEs must immediately terminate the examination upon failure of the examinee to comply with the instructions. (b) Each examinee must comply with the instructions given by the administering VEs. (c) No examination that has been compromised shall be administered to any examinee. Neither the same telegraphy mes- sage nor the same question set may be readministered to the same examinee. (d) Upon completion of each examination element, the administering VEs must immediately grade the examinee's answers. The administering VEs are responsible for determining the cor- rectness of the examinee's answers. (e) When the examinee is credited for all examination ele- ments required for the operator license sought, the administering VEs must certify on the examinee's application form that the applicant is qualified for the license and report the basis for the qualification. (f) When the examinee does not score a passing grade on an examination element, the administering VEs must return the appli- cation form to the examinee and inform the examinee of the grade. (g) VEs must accommodate examinees whose physical dis- abilities require special procedures. (h) The FCC may: (1) Administer any examination element itself; (2) Readminister any examination element previously administered under the VEC system, either itself or under the supervision of VEs designated by the FCC; or (3) Cancel the operator license of an licensee who fails to appear for readministration of an examination when directed by the FCC, or who does not successfully complete any required ele- ment which is readministerd. In an instance of such cancella- tion, the person will be issued an operator license consistent with completed examination elements that have not been invalidated by not appearing for or by failing the examination upon readministration. 97.503 Examination preparation. (a) Each telegraphy message and each written question set administered to an examinee must be prepared by a VE holding an FCC-issued operator license as follows: (1) Elements 1(B), 1(C), 4(A) and 4(B): Amateur Extra operator; (2) Element 3(B): Amateur Extra or Advanced operator; (3) Elements 1(A) and 4(A): Amateur Extra, Advanced or Gen- eral operator; (4) Element 2: Amateur Extra, Advanced, General or Technician operator. (b) Each question set administered to an examinee must util- ize questions taken from the applicable VEC (volunteer-examiner coordinator) question pool. (c) Each telegraphy message and each written question set administered to an examinee for a Technician, General, Advanced, or Amateur Extra operator license must be prepared by the administering VEs according to instructions from the coordinating VEC or obtained by the administering VEs from the coordinating VEC. (d) Each telegraphy message and each written question set administered to an examinee for a Novice operator license must be prepared by the administering VEs. (e) A telegraphy examination must consist of a message sent in the international Morse code at no less than the prescribed speed for 5 minutes. No message known to the examinee may be administered in a telegraphy examination. Each 5 letters of the alphabet must be counted as 1 word. Each numeral, punctuation mark and prosign must be counted as 2 letters of the alphabet. 97.505 Examination element credit. (a) The administering VEs must give credit as specified below to an examineee holding any of the following documents: (1) An unexpired (or within the grace period) FCC-issued amateur operator license: Elements required for the license held. (2) A CSCE: Each element the CSCE indicates the examinee passed within the previous 365 days. (3) A photocopy of a FCC Form 610 which was submitted to the FCC indicating the examinee qualified for a Novice operator license within the previous 365 days: Elements 1(A) and 2. (4) An unexpired (or expired less than 5 years) FCC-issuedcommercial radiotelegraph operator license or permit: Element 1(A), 1(B) or 1(C). (b) No examination credit, except as herein provided, shall be allowed on the basis of holding or having held any other license. 97.507 Technician, General, Advanced and Amateur Extra operator examination administration. (a) Each examination for Technician, General, Advanced and Amateur Extra operator license must be coordinated by a VEC. Each administering VE must be accredited by the coordinating VEC. (b) Each examination for a Technician operator license must be administered by 3 administering VEs, each of whom must hold an FCC-issued Amateur Extra or Advanced operator license. (c) Each examination for a General, Advanced and Amateur Extra operator license must be administered by 3 administering VEs, each of whom must hold an FCC-issued Amateur Extra operator license. (d) The administering VEs must make a public announcement before administering an examination for Technician, General, Advanced and Amateur Extra operator license. The number of candidates at any examination may be limited. (e) The administering VEs must issue a CSCE to an examinee who scores a passing grade on an examination element. (f) Within 10 days of the administration of a successful examination for the Technician, General, Advanced and Amateur Extra operator license, the administering VEs must submit the examinee's application to the coordinating VEC. 97.509 Novice operator examination administration. (a) Each examination for a Novice operator license must be administered by 2 VEs. The VEs do not have to be accredited. Each administering VE must hold a current FCC-issued Amateur Extra, Advanced or General operator license. (b) Withing 10 days of the administration of a successful examination for a Novice operator license, the administering VEs must submit the examinee's completed application form to: FCC, P.O. Box 1020, Gettysburg, PA 17326. 97.511 Volunteer examiner requirements. (a) Each administering VE must be at least 18 years of age. (b) Any person who owns a significant interest in, or is an employee of, any company or other entity that is engaged in the manufacture or distribution of equipment used in connection with amateur radio transmissions, or in the preparation or distrib- ution of any publication used in preparation for obtaining amateur station operator licenses, is ineligible to be an administering VE. An employee who does not normally communicate with that part of an entity engaged in the manufacture or dis- tribution of any publication used in preparation for obtaining amateur operator licenses, is eligible to be an administering VE. (c) No person may be a VE if that person's amateur station license or amateur operator license has ever been revoked or suspended. (d) No VE may administer an examination to that VE's spouse, parent, child, stepchild, brother, sister, father-in-law, mother- in-law, brother-in-law, sister-in-law, grandparent or grandchild. 97.513 Volunteer examiner conduct. No VE may administer or certify any examination by fraudulent means or for monetary or other consideration including reimburse- ment in any amount in excess of that permitted. Violation of this provision may result in the revocation of the VE's amateur station license and the suspension of the VE's amateur operator license. Volunteer-examiner coordinators 97.521 Agreement required. No organization may serve as a VEC unless it has entered into a written agreement with the FCC to do so. The VEC must abide by the terms of the agreement. 97.523 VEC qualifications. In order to be eligible to propose to the FCC to be a VEC, the entity must: (a) Be an organization that exists for the purpose of fur- thering the amateur service; (b) Be capable of serving as a VEC in the VEc region pro- posed; (c) Agree to coordinate examinations for Technician, General, Advanced, and Amateur Extra operator licenses; (d) Agree to assure that for any examination every examinee qualified under these rules is registered without regard to race, sex, religion, national origin or membership (or lack thereof) in any amateur service organization; (e) Not to be engaged in the manufacture or distribution of equipment used in connection with amateur station transmissions, or in the preparation or distribution of any publication used in preparation for obtaining amateur licenses unless persuasive showing is made to the FCC that preventive measures have been taken to preclude any possible conflict of interest. 97.525 Coordinating examinations. (a) A VEC may coordinate examinations administered in the VEC region it serves. A VEC may also coordinate examinations administered outside of the other VEC regions. VECs must coor- dinate the efforts of VEs in preparing and administering examina- tions according to instructions provided by the FCC. (b) At the completion of each examination coordinated, the coordinating VEC must collect the examinee's application form and test results from the administering VEs. The VEC must screen and forward all completed and authentic applications within 10 days of its receipt from the administering VEs to: FCC, P.O. Box 1020, Gettysburg, PA 17326. (c) Each VEC must make any examination records available to the FCC upon request. 97.526 VEC question pools. (a) All VECs must cooperate in maintaining one standard ques- tion pool for each written examination element. Each VEc ques- tion pool must contain at least ten times the number of questions required for a single examination. Each question pool mut be published and made available to the public prior to its use for making a question set. No question may be administered in a VEC- coordinated examination unless it appears on the appropriate standard question pool. (b) Each question on each VEC questions pool must be prepared by a VE holding the required FCC-issued operator license. See 97.503(a) of the FCC rules. 97.529 Accrediting VECs. (a) No VEC may accredit a person as a VE if: (1) The person does not meet minimum VE statutory qualifica- tions or minimum qualifications as prescribed by the rules; (2) The FCC does not accept the voluntary and uncompensated services of the person; (3) The VEC determines that the person is not competent to perform the VE functions; (4) The VEC determines that questions of the person's integrity or honesty could compromise the examinations. (b) Each VEC must seek a broad representation of amateuroperators to be VEs. No VEC may discriminate in accrediting VEs on the basis of race, sex, religion or national origin; nor on the basis of membership (or lack thereof) in an amateur service organization; nor on the basis of the person accepting or declin- ing to accept reimbursement. Examination Expense Reimbursement 97.541 Reimbursement for expenses. (a) VEs and VECs may be reimbursed by examinees for out-of- pocket expenses incurred in preparing, processing, or administer- ing an examination for a Technician, General, Advanced, or Amateur Extra operator license. (b) The maximum amount of reimbursement from any one examinee for any one examination at a particular session regardless of the number or examination elements taken must not exceed that announced by the FCC in a Public Notice. (The basis for the max- imum fee is $4.00 for 1984 adjusted annually each January 1 thereafter for changes in the Department of Labor Consumer Price Index.) (c) No reimbursement may be accepted by an VE or VEC for preparing, processing, or administering an examination for a Novice operator license. (d) Each VE and each VEC accepting reimbursement must main- tain records of out-of-pocket expenses and reimbursements for each examination session. Written certifications must be filed with the FCC each year that all expenses for the period from January 1 to December 31 of the preceding year for which reimbur- sement was obtained were necessarily and prudently incurred. (e) The expense and reimbursement records must be retained by each VE and each VEC for 3 years and be made available to the FCC upon request. (f) Each VE must forward the certification by January 15 of each year to the coordinating VEC for the examinations for which reimbursement was received. Each VEC must forward all such cer- tifications and it sown certification to the FCC on or before January 31 of each year. (g) Each VEC must desaccredit any VE failing to provide the certification. The VEC must advise the FCC on January 31 of each year of any VE that it has disaccredited for this reason. Appendix 1 - Places Where Amateur Radio Services Are Regualted By The FCC. (a) In ITU Regio 2, the amateur service is regulated by the FCC within the territorial limits of the fifty United States, District of Columbia, Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin Islands (50 islets and cays) and Navassa Island], and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern and Sand) in the Pacific Insular areas. (b) In ITU Region 3, the amateur service is regulated by the FCC within the Pacific Insular territorial limits of American Samoa (seven islands), Baker Island, Commonwealth of Northern Mariannas Islands, Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyr Island (more than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes). Appendix 2 - VEC Regions. Region 1: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont; Region 2: New Jersey and New York; Region 3: Delaware, District of Columbia, Maryland and Pennsylvania; Region 4; Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia; Region 5: Arkansas, Louisiana, Mississippi, New Mexico,Oklahoma and Texas; Region 6: California; Region 7: Arizona, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming; Region 8: Michigan, Ohio and West Virginia; Region 9: Illinois, Indiana and Wisconsin; Region 10: Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota and South Dakota; Region 11: Alaska; Region 12: Caribbean Insular areas; Region 13: Hawaii and Pacific Insular areas. Appendix 3 - Glossary of Terms The definitions of terms used in Part 97 are: "Authorized bandwidth." The width of the frequency band out- side of which the mean power of the total emission must be attenuated at least 26 decibels below the mean power of the total emission. "Automatic control." The use of devices and procedures in an amateur station to achieve compliance with FCC rules. "Auxiliary operation." Transmitting point-to-point com- munications within a system of amateur stations. "Beacon operation." Transmitting communications to facili- tate measurement of radio apparatus characteristics, adjustment of radio apparatus, observation of propagation or transmission phenomena, or other related activities. "Brief." Less than 1-minute. "Business communications." Any transmission or communication the purpose of which is to facilitate the regular business or commercial affairs of any party. "Control link." Wireline or radio apparatus for the control operator to manipulate the operating adjustments of a remotely controlled station from the control point. "Control point." The operation position of the station where the control operator function is performed. CSCE. Certificate of successful completion of an examina- tion. CW. Internation Morse code telegraphy emissions having A, C, H, J or R as the first symbol; 1 as the second symbol; A or B as the third symbol; J2A and J2B. "Data." Telemetry, telecommand, and data emissions having A, C, D, F, G, H, J or R as the first symbol; 1 as the second sym- bol; D as the third symbol; and emission J2D. "Earth operation." Transmitting earth-to-space communica- tions from a station within the major portion of the earth's atmosphere. EIC Engineer-in-Charage of an FCC Field Facility. "Emergency communications." Amateur radio communications directly relating to the immediate safety of life of individuals or the immediate protection of property. "External RF power amplifier." A device that when used in conjunction with a transmitter as a signal source, is capable of amplification of that signal, and which is not an integral part of the transmitter as manufactured. "Frequency coordinator." An entity recognized in a local or regional area by licensees of amateur stations eligible to engage in auxiliary operation or repeater operation that recommends fre- quencies and, where necessary, associated operating and technical parameters for stations in auxiliary operation or repeater opera- tion in order to avoid or minimize potential interference. "Frequency hopping." The carrier of the transmitted signal is modulated with unciphered information and changes frequency at fixed intervals under the direction of a high speed code sequence. "Harmful interference." Interference that seriously degrades, obstructs or repeatedly interrupts the operation of aradio service. "Identifier." Words, letters or numerals appended to the call sign during the station identification procedure. "Image." Facsimile and television emissions having A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; C or F as the third symbol; and B as the first symbol; 7, 8 or 9 as the second symbol; W as the third symbol. "Information." Voice, data, image, etc. "Information bulletins." Messages directed only to amateur operators that consist solely of subject matter having direct interest to the amateur service as such. "Intercommunications." An exchange of messages between amateur stations. "Local control." The use of a control operator who directly manipulates the operating adjustments in an amateur station to achieve compliance with the FCC rules. MAFC. Military area frequency coordinator. MCW. Tone-modulated international Morse code telegraphy emissions having A, C, D, F, G, H or R as the first symbol; 2 as the second symbol; A or B as the third symbol. "National Radio Quiet Zone." The area in Maryland, Virginia and West Virginia bounded by 39 degrees 15'N on the north, 78 degrees 30'W on the east, 37 degrees 30'N on the south and 80 degrees 30'W on the west. "Phone." Speech emissions having A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; E as the third symbol; and speech emissions having B as the first symbol; 7, 8 or 9 as the second symbol; E as the third symbol. "Pulse." Emissions having K, L, M, P, Q, V or W as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the second symbol; N, A, B, C, D, E, F W or X as the third symbol. "Question set." A series of examination questions. "Remote control." The use of a control operator who manipu- lates the operating adjustments in an amateur station through a control link to achieve compliance with the FCC rules. "Repeater operation." Other than auxiliary operation, retransmitting automatically the radio signals of other amateur stations. RF. Radio frequency. RTTY. Narrow-band direct-printing emissions using Interna- tional Telegraph Alphabet Number 2, American Standard Code for Information Interchange, ANSI X3.4 [1977], or International Radio Consulting Committee Recommendation CCIR 476-2 [1978], 476-3 [1082], 476-4 [1986] or 625 [1986], as appropriate. Mode A or B, having A, C, D, F, G, H, J or R as the first symbol; 1 as the second symbol; B as the third symbol; and emission J2B. "Space operation." Transmitting space-to-earth and space-to- space communications from a station that is beyond, is intended to go beyond, or has been beyond the major portion of the earth's atmosphere. SS. Spread-spectrum using bandwidth-expansion modulation emissions A, C, D, F, G, H, J or R as the first symbol; X as the second symbol; X as the third symbol. "System network diagram." A drawing showing each station in the system and its relationship to the other stations in the system, and to all control points. "Telegraphy practice." Messages directed only to persons learning or improving proficiency in the international Morse code. "Test." Emissions containing no information or no modula- tion; test does not include pulse emissions with no information or no modulation unless pulse emissions are also authorized in the frequency band. "Third-party traffic." Messages from the control operator (first party) of the station to another amateur station control operator (second party) on behalf of another person (thirdparty). "Transmitter power." The average power during one RF cycle at the crest of the modulation envelope under normal operating conditions that is present at the antenna terminals where the antenna transmission line, or the antenna if no transmission line, is connected. VEC. Volunteer-examiner coordinator. VEs Volunteer examiners. Appendix 4 - Frequency Sharing Requirements. The following is a summary of the frequency sharing require- ments for the amateur service and the amateur satellite service. See 2.105 and 2.106 of the FCC rules, "United States Table of Frequency Allocations" for complete requirements. Also see 97.151 of the FCC rules. (1) Where, in adjacent regions or subregions, a band of fre- quencies is allocated to different services of the same category, the basic principle is the equality of right to operate. Accor- dingly, the stations of each service in one region must operate so as not to cause harmful interference to services in other regions or subregions. (See ITU "Radio Regulations," RR 346 (Geneva, 1979).) (2) Amateur stations in the 1900-2000 kHz segment of the 160 m band, the 1.25 m band, the 70 cm band, the 33 cm band, the 13 cm band, the 9 cm band, the 5 cm band, the 3 cm band, the 24.05- 24.24 GHz segment of the 1.2 cm band, the 76-81 GHz segment of the 4 mm band, the 1440149 GHz segment of the 2 mm band and the 241-248 GHz segment of the 1 mm band must not cause harmful interference to, and are not protected from interference due to the operation of, the government radiolocation service. (3) Amateur stations in the 1900-2000 kHz segment of the 160 m band, the 3 cm band, the 76-81 GHz segment of the 4 mm band, the 144-149 GHz segment of the 2 mm band and the 241-248 GHz seg- ment of the 1 mm band must not cause harmful interference to, and are not protected from interference due to the operation of, sta- tions in the non-government radiolocation service. (4) Amateur stations in the 30 meter band must not cause harmful interference to stations authorized by other nations in the fixed service. Amateur stations shall make all necessary adjustments (including termination of transmissions) if harmful interference is caused. (5) Amateur stations in the 12 meter band must not cause harmful interference to stations authorized by other nations in the fixed service. Amateur stations must make all necessary adjustments (including termination of transmissions) if harmful interference is caused. (Assignments in the fixed service in this band shall be terminated no later than 1 July 1989. (6) The 1.25 m band is allocated to the amateur, fixed and mobile services in the United States on a co-primary basis. The basic principle that applies is the equality of right to operate. Amateur, fixed and mobile stations must operate so as not to cause harmful interference to each other. (7) In the 70 cm band: (a) No amateur station shall operate north of Line A in the 420-430 MHz segment. (b) The 420-430 MHz segment is allocated to the amateur serv- ice in the United States on a secondary basis, but is allocated in the fixed and mobile (except aeronautical mobile) services in the International Trade of allocations on a primary basis. Amateur stations operating in this band must not cause harmful interference to, are not protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile (except aeronautical mobile) services. (c) The 430-440 MHz segment is allocated to the amateur serv- ice on a secondary basis in ITU Regions 2 and 3. Amateur sta- tions in this band in ITU Regions 2 and 3 must not cause harmfulinterference to, and are not protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. In ITU Region 1, the 430-440 MHz segment is allocated to the amateur service on a co-primary basis with the radiolocation service. As between these two services in this band in Region 1, the basic principle that applies is the equal- ity of right to operate. Amateur stations authorized by the United States and radiolocation stations authorized by other nations in Region 1 must operate so as not to cause harmful interference to each other. (d) Amateur stations in the 449.5-450 MHz segment must not cause interference to and are not protected from interference due to the operation of stations in the space operation service, the space research service or for space telecommand. (8) In the 33 cm band: (a) Amateur stations shall not operate within the States of Colorado and Wyoming, bounded by the area of 39 degrees N to 42 degrees N and longitude 105 degrees W to 108 degrees W. This band is allocated on a secondary basis to the amateur service subject to not causing harmful interference to, and not receiving protection from any interference due to the operation of, indus- trial, scientific and medical devices, automatic vehicle monitor- ing systems of Government stations authorized in this band. (b) Amateur stations shall not operate in those portions of the States of Texas and New Mexico bounded on the south by lati- tude 31 degrees N, on the east by longitude 104 degrees 11'W, on the north by latitude 34 degrees 30' N and on the west by longi- tude 107 degrees 30'W. (9) Amateur stations in the 23 cm band, the 3 cm band, the 24.05-24.25 GHz segment of the 1.2 cm band, the 76-81 GHz segment of the 4 mm band, the 144-149 GHz segment of the 2 mm band and the 241-248 GHz segment of the 1 mm band must not cause harmful interference to, and are not protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. (10) In the 1240-1260 MHz segment of the 23 cm band, amateur stations must not cause harmful intereference to, and are not protected from interference due to the operation of, stations in the radionavigation-satellite service. (11) In the 13 cm band: (a) The amateur service is allocated on a secondary basis in all ITU Regions. In ITU Region 1, stations in the amateur serv- ice must not cause harmful intereference to, and are not pro- tected from interference due to the operation of, stations authorized by other nations in the fixed service. In ITU Regions 2 and 3, stations in the amateur service must not cause harmful intereference to, and are not protected from interference due to the operation of, stations authorized by other nations in the fixed, mobile and radiolocation services. (b) In the United States, the 2300-2310 MHz segment is allo- cated to the amateur service on a co-secondary basis with the Government fixed and mobile services. In this segment, the fixed and mobile services must not cause harmful intereference to the amateur service. Amateur stations in the 2400-2450 MHz segment of the 13 cm band are not protected from interference due to the operation of industrial, scientific and medical devices on 2450 MHz. (12) Amateur stations in the 3.332-3.339 GHz and 3.3458- 3.3525 GHz segments of the 9 cm band, the 2.5 mm band, 144.68- 144.98 GHz, 145.45-145.75 and 146.82-147.12 GHz segments of the 2 mm band and the 343-348 GHz segment must not cause harmful inter- ference to stations in the radio astronomy service. Amateur sta- tions in the 300-302 GHz, 324-326 GHz, 345-347 GHz, 363-365 GHz and 379-381 GHz segments must not cause harmful interference to stations in the space research service (passive) or Earth exploration-satellite service (passive). (13) in the 9 cm band: (a) In ITU Regions 2 and 3, the band is allocated to the amateur service on a secondary basis. (b) In the United States, the band is allocated to the amateur service on a co-secondary basis with the non-government radiolocation service. (c) In the 3.3-3.4 GHz segment, amateur stations must not cause harmful intereference to, and are not protected from inter- ference due to the operation of, stations authorized by other nations in the radiolocation service. (d) In the 3.4-3.5 GHz segment, amateur stations must not cause harmful intereference to, and are not protected from inter- ference due to the operation of, stations authorized by other nations in the fixed and fixed-satellite service. (14) In the 5 cm band: (a) In the 5.650-5.725 GHz segment, the amateur service is allocated in all ITU Regions on a co-secondary basis with the space research (deep space) service. (b) In the 5.725-5.850 GHz segment, the amateur service is allocated in all ITU Regions on a secondary basis. Amateur sta- tions must not cause harmful intereference to, and are not pro- tected from interference due to the operation of, stations authorized by other nations in the fixed-satellite service in ITU Region 1. (c) Amateur stations in the 5.725-5.875 GHz segment are not protected from interference due to the operation of industrial, scientific and medical devices operating on 5.8 GHz. (d) In the 5.650-5.850 GHz segment, amateur stations must not cause harmful intereference to, and are not protected from inter- ference due to the operation of, stations authorized by other nations in the radiolocation service. (e) In the 5.850-5.925 GHz segment, the amateur service is allocated in ITU Region 2 on a co-secondary basis with the radiolocation service. In the United States, the segment is allocated to the amateur service on a secondary basis to the non- government fixed-satellite service. Amateur stations must not cause harmful intereference to, and are not protected from inter- ference due to the operation of, stations authorized by other nations in the fixed, fixed-satellite and mobile services. Amateur stations must not cause harmful intereference to, and are not protected from interference due to the operation of, stations in the non-government fixed-satellite service. (15) In the 3 cm band: (a) In the United States, the 3 cm band is allocated to the amateur service on a co-secondary basis with the non-government radiolocation service. (b) In the 10.00-10.45 segment in ITU Regions 1 and 3, amateur stations must not cause harmful intereference to, and are not protected from interference due to the operation of,stations authorized by other nations in the fixed and mobile services. (16) Amateur stations in the 1.2 cm band are not protected from interference due to the operation of industrial, scientific and medical devices on 24.125 GHz. In the United States, the 24.05-24.25 GHz segment is allocated to the amateur service on a co-secondary basis with the non-government radiolocation and Government and non-government Earth exploration-satellite (active) services. (17) The 2.5 mm band is allocated to the amateur service on a secondary basis. Amateur stations in this band must not cause harmful intereference to, and are not protected from interference due to the operation of, stations in the fixed, inter-satellite and mobile services. (18) Amateur stations in the 244-246 GHz segment of the 1 mm band are not protected from interference due to the operation of industrial, scientific and medical devices on 245 GHz. [INSERT APPENDIX B -- CROSS REFERENCE -- CURRENT PART 97 TO PROPOSED PART 97] [INSERT APPENDIX C -- CROSS REFERENCE PROPOSED PART 97 TO CURRENT PART 97] [INSERT -- FOOTNOTES] <EOF>