In the Matter of ) WT Docket No. 98-143
)
1998 Biennial Regulatory Review -- ) RM-9148
Amendment of Part 97 of the Commission's ) RM-9150
Amateur Service Rules. ) RM-9196
)
)
| Adopted: August 31, 1998 | Released: August 31, 1998 |
By the Chief, Public Safety and Private Wireless Division:
1. This Errata corrects the proposed rules in the Notice of Proposed Rule Making (Notice) in this proceeding, FCC 98-183, which was released on August 10, 1998.
2. The purpose of the correction is to conform the proposed rules to the proposals discussed in the text of the Notice. In addition, the proposed rules in the released document, in some instances, included rule sections where there was no proposed change. In the interest of clarity, we have deleted those rule sections and have included in this erratum only those rules where a change in the rules is proposed. Stylistic changes to meet Federal Register publication requirements have also been included. The corrected rules are in the attached Appendix.
3. Authority for this action is contained in 47 U.S.C. 154(i) and 47 C.F.R. 0.131 and 0.331.
FEDERAL COMMUNICATIONS COMMISSION
(Signed)
D'wana R. Terry
Chief, Public Safety and Private Wireless Division
Wireless Telecommunications Bureau
Attachment: Appendix
Rule Changes
Part 97 of Chapter I of Title 47 of the Code of Federal Regulations is proposed to be amended as
follows:
Part 97 - AMATEUR RADIO SERVICE
1. The authority citation for part 97 continues 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. Section 97.9 is revised to read as follows:
§ 97.9 Operator license.
(a) The classes of amateur operator licenses are: Novice, Technician, General, Advanced and Amateur Extra. A person who has been granted an operator license is authorized to be the control operator of an amateur station with the privileges of the operator class specified on the license.
(b) A person who has been granted an operator license of Novice, Technician, General or Advanced Class and who has properly submitted to the administering VEs an application document, FCC Form 610, for an operator license of a higher class, and who holds a CSCE indicating that the person has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until final disposition of the application or until 365 days following the passing of the examination, whichever comes first.
3. Section 97.13 is amended by revising paragraph (b), and the footnote after the table in (c)(1) to read as follows:
§ 97.13 Restrictions on station location.
(a) ***
(b) A station within 1600 m (1 mile) 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 a District Director pursuant to § 97.121 of this Part. Geographical coordinates of the facilities that require protection are listed in 0.121(c) of the FCC Rules.
(c) ***
(1) The licensee must perform the routine RF environmental evaluation prescribed by 1.1307(b)
of this chapter, if the power of the licensee's station exceeds the limits given in the following table:
| Wavelength Band | Evaluation Required if Power* (watts) Exceeds: |
| MF | |
| 160 m | 500 |
| HF | |
| 80 m | 500 |
| 75 m | 500 |
| 40 m | 500 |
| 30 m | 425 |
| 20 m | 225 |
| 17 m | 125 |
| 15 m | 100 |
| 12 m | 75 |
| 10 m | 50 |
| VHF (all bands) | 50 |
| UHF | |
| 70 cm | 70 |
| 33 cm | 150 |
| 23 cm | 200 |
| 13 cm | 250 |
| SHF (all bands) | 250 |
| EHF (all bands) | 250 |
| Repeater stations (all bands) | non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m and power > 500 W ERP building-mounted antennas: power > 500 W ERP |
(2) ***
4. Section 97.17 is amended by redesignating paragraphs (c) (d) (e) (f) and (g) as paragraphs (d) (e) (f) (g) and (h), and adding new paragraph (c) to read as follows. In addition, Section 97.17(b)(1) and redesignated Section 97.17(e)(4) are revised to read as follows:
§ 97.17 Application for new license or reciprocal permit for alien amateur licensee.
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(b) ***
(1) FCC Form 610 for a new Technician, General, Advanced or Amateur Extra Class operator/primary station license;
(2) ***
(3) ***
(c) No application for a new Novice or Technician Plus Class operator/primary station license will be accepted for filing.
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(e) ***
(1) ***
(2) ***
(3) ***
(4) No person who has been granted by the FCC an amateur operator/primary station license is eligible for a reciprocal permit for alien amateur licensee.
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5. Section 97.21 is amended by revising paragraph (a)(3)(i) and (ii), and paragraph (b) to read as follows:
§ 97.21 Application for a modified or renewed license.
(a) ***
(1) ***
(2) ***
(3) May apply for renewal of the license for a new term. Application for renewal of a Technician Plus Class operator/primary station license will be processed as an application for renewal of a Technician Class operator/primary station license.
(i) When the license does not show a call sign selected by the vanity call sign system, the application must be made on FCC Form 610. For a club or military recreation station license, the application must be made on FCC Form 610-B. The application must be submitted no more than 90 days prior to its expiration to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. When the application for renewal of the license has been received by the FCC at 1270 Fairfield Road, Gettysburg, PA 17325-7245 on or before the license expiration date, the license operating authority is continued until the final disposition of the application. No application for renewal of a RACES station license will be granted.
(ii) When the license shows a call sign selected by the vanity call sign system, the application must be filed as specified in Section 97.19(b). When the application has been received at the proper address specified in the Wireless Telecommunications Bureau Fee Filing Guide on or before the license expiration date, the license operating authority is continued until final disposition of the application.
(4) ***
(b) A person who had been granted an amateur primary, club or military recreation station license, but the license has expired, may apply for renewal of the license for another term during a 2 year filing grace period. The application document must be received by the FCC at 1270 Fairfield Road, Gettysburg, PA 17325-7245 prior to the end of the grace period. For an operator/primary station license, the application must be made on FCC Form 610. For a club or military recreation station license, the application must be made on FCC Form 610-B. Unless and until the license is renewed, no privileges in this part are conferred.
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6. Section 97.301 is amended by revising the introductory language in paragraph (a), and by revising paragraph (e) to read as follows. Section 97.301(f) is deleted. The frequency tables in Section 97.301(a), (b), (c), and (d) remain unchanged.
§ 97.301 Authorized frequency bands.
The following transmitting frequency bands are available to an amateur station located within 50 km of the Earth's surface, within the specified ITU Region and outside any area where the amateur service is regulated by any authority other than the FCC.
(a) For a station having a control operator who has been granted an operator license of Technician, General, Advanced or Amateur Extra Class:
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(b) ***
(c) ***
(d) ***
(e) For a station having a control operator who has been granted an operator license of Novice Class or Technician Class and who has received credit for proficiency in telegraphy in accordance with the international requirements (Element 1(A), 1(B) or 1(C)):
| Wavelength | ITU | ITU | ITU | Sharing requirements See § 97.303 Paragraph |
| HF | MHz | MHz | MHz | |
| 80 m | 3.675-3.725 | 3.675-3.725 | 3.675-3.725 | (a) |
| 40 m | 7.050-7.075 | 7.10-7.15 | 7.050-7.075 | (a) |
| 15 m | 21.10-21.20 | 21.10-21.20 | 21.10-21.20 | |
| 10 m | 28.10-28.50 | 28.10-28.50 | 28.10-28.50 | |
| VHF | MHz | MHZ | MHz | |
| 1.25 m | --- | 222-225 | --- | (a) |
| UHF | MHz | MHz | MHz | |
| 23 cm | 1270-1295 | 1270-1295 | 1270-1295 | (h) (i) |
7. Section 97.313 is amended by revising paragraph (f) to read as follows:
§ 97.313 Transmitter power standards.
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(f) No station may transmit with a transmitter power exceeding 50 W PEP on the UHF 70 cm band from an area specified in footnote US7 to § 2.106 of this Part, unless expressly authorized by the FCC after mutual agreement, on a case-case basis, between the District Director of the applicable field facility and the military area frequency coordinator at the applicable military base. An Earth station or telecommand station, however, may transmit on the 435-438 MHz segment with a maximum of 611 W effective radiated power (1 kW equivalent isotropically radiated power) without the authorization otherwise required. The transmitting antenna elevation angle between the lower half(-dB relative to the peak or antenna bore sight) point and the horizon must always be greater than 10°.
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8. Section 97.407 is amended by revising paragraph (b) to read as follows:
§ 97.407 Radio Amateur Civil Emergency Service (RACES).
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(b) The frequency bands and segments 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 President'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 frequency segments:
(1) ***
(2) ***
(3) ***
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9. Section 97.501 is amended by revising the introductory text and paragraphs (a) (b) (c) and (d) to read as follows:
§ 97.501 Qualifying for an amateur operator license.
An applicant must pass an examination for a new amateur operator license grant and for each change in operator class. Each applicant for the class of operator license grant specified below must pass, or otherwise receive examination credit for, the following examination elements:
(a) Amateur Extra Class operator: Elements 1(C), 3(A), 3(B), 4(A) and 4(B);
(b) Advanced Class operator: Elements 1(B) or 1(C), 3(A), 3(B) and 4(A).
(c) General Class operator: Elements 1(B) or 1(C), 3(A) and 3(B);
(d) Technician Class operator: Element 3(A).
10. Section 97.503 is amended by revising paragraphs (b) and (c) to read as follows:
§ 97.503 Element standards.
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(b) ***
(1) Element 3(A): 65 questions concerning the privileges of a Technician Class operator license. The minimum passing score is 48 questions answered correctly.
(2) Element 3(B): 30 questions concerning the privileges of a General Class operator license. The minimum passing score is 22 questions answered correctly.
(3) Element 4(A): 50 questions concerning the privileges of an Advanced Class operator license. The minimum passing score is 37 questions answered correctly.
(4) Element 4(B): 40 questions concerning the privileges of an Amateur Extra Class operator license. The minimum passing score is 30 questions answered correctly.
(c) The topics and number of questions that should be included in each written examination question set are listed below:
| Topics: | Element: 3(A) | 3(B) | 4(A) | 4(B) |
| (1) FCC rules for the amateur radio services. | 15 | 4 | 6 | 8 |
| (2) Amateur station operating procedures. | 5 | 3 | 1 | 4 |
| (3) Radio wave propagation characteristics of amateur service frequency bands | 4 | 3 | 2 | 2 |
| (4) Amateur radio practices. | 8 | 5 | 4 | 4 |
| (5) Electrical principles as applied to amateur station equipment. | 6 | 2 | 10 | 6 |
| (6) Amateur station equipment circuit components. | 4 | 1 | 6 | 4 |
| (7) Practical circuits employed in amateur station equipment. | 3 | 1 | 10 | 4 |
| (8) Signals and emissions transmitted by amateur stations. | 4 | 2 | 6 | 4 |
| (9) Amateur station antennas and feed lines. | 6 | 4 | 5 | 4 |
| (10) Radiofrequency environmental safety practices at an amateur station. | 10 | 5 | 0 | 0 |
11. Section 97.505 is revised to read as follows:
§ 97.505 Element credit.
(a) The administering VEs must give credit as specified below to an examinee holding any of the following licenses and documents:
(1) An unexpired (or expired but within the grace period for renewal) Advanced Class operator license: Elements 1(B), 3(A), 3(B) and 4(A).
(2) An unexpired (or expired but within the grace period for renewal) General Class operator license: Elements 1(B), 3(A) and 3(B).
(3) An unexpired (or expired but within the grace period for renewal) Technician Plus Class operator license (including a Technician Class operator license granted before February 14, 1991):
Elements 1(A) and 3(A).
(4) An unexpired (or expired but within the grace period for renewal) Technician Class operator license: Element 3(A).
(5) An unexpired (or expired but within the grace period for renewal) Novice Class operator license: Element 1(A).
(6) ***
(7) ***
(8) An expired FCC-issued Technician Class operator license document (or proof of having held the document) granted before March 21, 1987: Element 3(B).
(9) An expired, or unexpired, FCC-issued Technician Class operator license document (or proof of having held the document) granted before February 14, 1991: Element 1(A).
(10) ***
(b) ***
12. Section 97.507 is amended by revising paragraph (a) to read as follows:
§ 97.507 Preparing an examination.
(a) Each telegraphy message and each written question set administered to an examinee must be prepared by a VE holding an Amateur Extra Class operator license. A telegraphy message or written question set may also be prepared for the following elements by a VE holding an operator license of the class indicated:
(1) Elements 1(B) and 3(B): Advanced Class operator.
(2) Elements 1(A) and 3(A): Advanced or General Class operator.
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13. Section 97.509 amended by revising paragraphs (a) and (b)(3) to read as follows:
§ 97.509 Administering VE requirements.
(a) Each examination for an amateur operator license must be administered by a team of at least 3 VEs at an examination session coordinated by a VEC. Before the session, the administering VEs or the VE session manager must ensure that a public announcement is made giving the location and time of the session. The number of examinees at the session may be limited.
(b) ***
(1) ***
(2) ***
(3) Be a person who holds an amateur operator license of the class specified below:
(i) Amateur Extra, Advanced or General Class in order to administer a Technician Class operator license examination;
(ii) Amateur Extra or Advanced Class in order to administer a General Class operator license examination;
(iii) Amateur Extra Class in order to administer an Advanced or Amateur Extra Class operator license examination.
(4) ***
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