NEWINGTON, CT, Aug 29, 2003--Let the games begin! The FCC has invited public comments on six separate Morse code-related petitions for rule making, some of which would altogether eliminate Element 1, the 5 WPM Morse test, from the Amateur Service rules (Part 97). World Radiocommunication Conference 2003 (WRC-03) made optional the requirement to prove the ability to send and receive Morse signals to operate below 30 MHz. Two other more recently filed petitions--one from No Code International and another from two amateur licensees--are expected to be put on public notice in the near future.
Petitions Open for Comment (in Chronological Order)
A one-page petition dated July 15 from Peter M. Beauregard, KI1I, has been assigned RM-10781. It would give all Technician licensees current Novice/Tech Plus CW privileges on 80, 40, 15 and 10 meters and limited phone and image privileges on 80, 40 and 10 meters. Beauregard said the CW privileges would "encourage Technician class licensees to upgrade to General" by giving them a "practice area." He has proposed new Tech phone/image privileges on 3850-3900 kHz and 7225-7300 kHz. Beauregard's petition would not eliminate Element 1 from the rules, however. "I think that Technician class licensees should still be encouraged to upgrade their licenses, and thus I propose a limited privilege for them in the HF spectrum," he said.
A petition from Pete V. Coppola, KG4QDZ, and family--Tina Coppola, KG4YUM, and Pete A. Coppola, KG4QDY--asks the FCC to eliminate Element 1 from the rules. The Coppolas' petition, received July 18 and designated RM-10782, would grant Tech Plus HF privileges to current Technician licensees but otherwise keep all testing elements and licensing requirements the same. It also would retain the current CW-only subbands. The Coppolas asked the FCC to make the change effective immediately on a provisional basis while the rule making process is under way.
Kiernan K. Holliday, WA6BJH, has asked the FCC simply to "remove all requirements for knowledge of Morse code" from the Amateur Service rules. "Fifty years ago, the requirement was reasonable, but as Morse code use has declined in other services there is less reason to require it in the Amateur Service," Holliday said in his three-page petition, received July 21 and designated RM-10783. Holliday also said the code requirement limits the ability of handicapped individuals to get ham tickets. "The Commission's policy should be to encourage the use of Amateur Radio," Holliday said. He notes that he is "well-versed in the use of Morse code" and operated CW exclusively for many years.
A brief petition from Dale Reich, K8AD, would delete Element 1 for General class applicants but keep it in place for Extra class applicants. "This would protect the needed CW element for Amateur Radio licensing in the most advanced and highest class of ham license in the USA," he said. Under Reich's scheme, "no-code" Techs wanting HF privileges would have to upgrade to General first. "If other governments are acting upon this, then it's only fair to allow changes here," Reich asserted in his petition, dated July 28 and designated RM-10784.
Eric Ward, N0HHS, in his petition seeks immediate elimination of "proficiency in telegraphy using Morse code," saying it's no longer justified. The "immediate removal of the telegraphy requirement from Amateur Radio licensing is appropriate and clearly in the public interest," Ward contends in his petition, dated July 30 and designated RM-10785. "Including Morse code proficiency as a requirement for Amateur Radio licenses is independent of making a value judgment about the utility or desirability of this mode of communication," he said, noting that the FCC does not require licensees to use Morse even though it requires applicants to pass a Morse exam to gain HF access.
In a detailed, nine-page petition, the National Conference of Volunteer Examiner Coordinators (NCVEC) calls on the FCC to delete Element 1 and give "Tech Plus" privileges to current Technician licensees. The NCVEC also asked the FCC to "take expedited action" to allow volunteer examiner coordinators (VECs) to discontinue administering Element 1 "as soon as possible."
The NCVEC petition says Morse testing unnecessarily burdens applicants, VECs, the FCC and the Amateur Service community. "The Amateur Service community suffers from the loss to its ranks of a large number of potentially excellent operators who are turned away because of the CW requirement," the NCVEC petition said. The organization, which is the umbrella group for the 14 VECs in the US, adds that elimination at WRC-03 of the international requirement to prove Morse ability for HF access means there's "no longer any reasonable justification for requiring an applicant to demonstrate this antiquated skill," and that most applicants never use Morse again after they pass the test. The NCVEC petition, dated August 1, is designated RM-10787.
The ARRL-VEC abstained from voting on the NCVEC's petition question when it came up during the NCVEC's July 25 meeting in Gettysburg, Pennsylvania.
Interested parties may file comments on any or all of these petitions using the FCC's Electronic Comment Filing System (ECFS), which also permits users to view all comments on file.
To file a comment, click on "Submit a Filing" under "ECFS Main Links." In the "Proceeding" field, type the full RM number, including the hyphen, and complete the required fields. "RM" must be in capital letters, and you must include the hyphen between "RM" and the five-digit number. You may type your remarks into a form or attach a file. ECFS also accepts comments in active proceedings via e-mail, per instructions on the ECFS page.
To view any comments already submitted for each petition, click on "Search for Filed Comments" under "ECFS Main Links" and type in the complete RM number, including the hyphen, in the "Proceeding" field. "RM" must be in capital letters, and you must include the hyphen between "RM" and the five-digit number.
Elsewhere in the World . . .
While a Morse code exam element remains on the books in the US, Canada and elsewhere, several countries--including Switzerland, Belgium, the UK, Germany, Norway and the Netherlands--already have moved to drop their Morse requirements. Austria and New Zealand are expected to do so soon.
According to an FCC staffer familiar with the rulemaking process, the Commission will not act on its own motion to immediately delete Element 1 in the US. In its December 1999 Report and Order restructuring the Amateur Radio licensing system the FCC did minimize the role of radiotelegraphy as "just one of numerous diverse modes of radiocommunication." The FCC stopped short, however, of revising the Amateur Service rules at that time to sunset the Morse examination requirement automatically if WRC-03 deleted Morse proficiency from the international Radio Regulations.
IARU vs ARRL Stance
In 2001, the International Amateur Radio Union (IARU) announced that it was setting aside "any previous relevant decisions" and henceforth would "support the removal of Morse code testing as an ITU requirement for an amateur license to operate on frequencies below 30 MHz."
That same year, the ARRL Board of Directors reiterated the League's policy that Morse "should be retained as a testing element in the US." That policy continues. Following its January 2001 Board meeting, the League said Morse code was "deserving of continued support as an important operating mode including providing for the protection and maintenance of sufficient spectrum in band planning."
At its July 19-20, 2003, meeting in Connecticut, the ARRL Board affirmed its interest in reviewing input from members on the Morse issue as well as other possible revisions to Part 97 arising from actions at WRC-03.
Where Do We Go from Here?
Once the process of collecting comments on all Morse code-related petitions is completed, the FCC may determine that a Notice of Proposed Rule Making (NPRM) is in order. The Commission at that point could incorporate all Morse-related rule making petitions into a single proceeding. The NPRM would get a docket number, and the comment process would begin anew.
The FCC also may decide to incorporate other pending Amateur Radio-related issues into the same NPRM. That's how it's tended to handle amateur regulatory matters in recent years.
At the end of the comment and reply comment periods, the FCC would issue a Report and Order (R&O) that includes its decision on the Morse code requirement and the other issues it may have incorporated into the proceeding. The whole process could take a few years.
How to Comment
Interested
parties may file comments on any or all of these petitions using the FCC's
Electronic Comment Filing System (ECFS),
which also permits users to view all comments on file. There is a 30-day
comment window.
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