§ 95.1015 47 CFR Ch. I (10–1–96 Edition)

() Antennas used with LPRS units conspicuous location on the device: must comply with the following: ‘‘This device may not interfere with (1) For LPRS units operating en- TV reception or federal government tirely within an enclosed structure, radar, and must accept any inter- .., a building, there is no limit on an- ference received, including interference tenna height; that may cause undesired operation.’’ (2) For LPRS units not operating en- () Where an LPRS device is con- tirely within an enclosed structure, the structed in two or more sections con- tip of the antenna shall not exceed 30.5 nected by wires and marketed to- meters (100 feet) above ground. In cases gether, the statement specified in this where harmful interference occurs the section is required to be affixed only to FCC may require that the antenna the main control unit. height be reduced; and (c) When the LPRS device is so small (3) The height limitation in para- or for such use that it is not prac- graph (c)(2) of this section does not ticable to place the statement specified apply to LPRS units in which the an- in the section on it, the statement tenna is an integral part of the unit. must be placed in a prominent location in the instruction manual or pamphlet § 95.1015 Disclosure policies. supplied to the user or, alternatively, (a) Manufacturers of LPRS transmit- shall be placed on the container in ters used for auditory assistance, which the device is marketed. health care assistance, and law en- forcement tracking purposes must in- § 95.1019 Marketing limitations. clude with each transmitting device Transmitters intended for operation the following statement: ‘‘This trans- in the LPRS may be marketed and sold mitter is authorized by rule under the only for those uses described in Low Power Radio Service (47 C... § 95.1109. Part 95) and must not cause harmful interference to TV reception or United PART 97—AMATEUR RADIO States Navy SPASUR installations. SERVICE You do not need an FCC license to op- erate this transmitter. This transmit- Subpart A—General Provisions ter may only be used to provide: audi- tory assistance to persons with disabil- Sec. ities, persons who require language 97.1 Basis and purpose. translation, or persons in educational 97.3 Definitions. 97.5 Station license required. settings; health care services to the ill; 97.7 Control operator required. law enforcement tracking services 97.9 Operator license. under agreement with a law enforce- 97.11 Stations aboard ships or aircraft. ment agency; or automated maritime 97.13 Restrictions on station location. telecommunications system (AMTS) 97.15 Station antenna structures. network control communications. Two- 97.17 Application for new license or recip- way voice communications and all rocal permit for alien amateur licensee. 97.19 Application for a vanity call sign. other types of uses not mentioned 97.21 Application for a modified or renewed above are expressly prohibited.’’ license. (b) Prior to operating a LPRS trans- 97.23 Mailing address. mitter for AMTS purposes, an AMTS 97.25 License term. licensee must notify, in writing, each 97.27 FCC modification of station license. television station that may be affected 97.29 Replacement license document. by such operations, as defined in § 80.215() of this chapter. The notifica- Subpart B—Station Operation Standards tion provided with the station’ license 97.101 General standards. application is sufficient to satisfy this 97.103 Station licensee responsibilities. requirement if no new television sta- 97.105 Control operator duties. tions would be affected. 97.107 Alien control operator privileges. 97.109 Station control. § 95.1017 Labeling requirements. 97.111 Authorized transmissions. 97.113 Prohibited transmissions. (a) Each LPRS transmitting device 97.115 Third party communications. shall bear the following statement in a 97.117 International communications.

666

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00666 Fmt 8010 Sfmt 8010 E:\CFR\167186.070 167186 Federal Communications Commission § 97.3

97.119 Station identification. Subpart A—General Provisions 97.121 Restricted operation. § 97.1 Basis and purpose. Subpart C—Special Operations The rules and regulations in this part 97.201 Auxiliary station. are designed to provide an amateur 97.203 Beacon station. radio service having a fundamental 97.205 Repeater station. 97.207 Space station. purpose as expressed in the following 97.209 Earth station. principles: 97.211 Space telecommand station. (a) Recognition and enhancement of 97.213 Telecommand of an amateur station. the value of the amateur service to the 97.215 Telecommand of model craft. public as a voluntary noncommercial 97.217 Telemetry. communication service, particularly 97.219 Message forwarding system. with respect to providing emergency 97.221 Automatically controlled digital sta- communications. tion. (b) Continuation and extension of the Subpart —Technical Standards amateur’s proven ability to contribute to the advancement of the radio art. 97.301 Authorized frequency bands. (c) Encouragement and improvement 97.303 Frequency sharing requirements. of the amateur service through rules 97.305 Authorized emission types. 97.307 Emission standards which provide for advancing skills in 97.309 RTTY and data emission codes. both the communication and technical 97.311 emission types. phases of the art. 97.313 Transmitter power standards. (d) Expansion of the existing res- 97.315 Type acceptance of external RF ervoir within the amateur radio service power amplifiers. of trained operators, technicians, and 97.317 Standards for type acceptance of ex- electronics experts. ternal RF power amplifiers. (e) Continuation and extension of the Subpart E—Providing Emergency amateur’s unique ability to enhance Communications international goodwill. 97.401 Operation during a disaster. § 97.3 Definitions. 97.403 Safety of life and protection of prop- (a) The definitions of terms used in erty. 97.405 Station in distress. part 97 are: 97.407 Radio amateur civil emergency serv- (1) Amateur operator. A person holding ice. a written authorization to be the con- trol operator of an amateur station. Subpart F—Qualifying Examination Systems (2) Amateur radio services. The ama- teur service, the amateur-satellite 97.501 Qualifying for an amateur operator license. service and the radio amateur civil 97.503 Element standards. emergency service. 97.505 Element credit. (3) Amateur-satellite service. A 97.507 Preparing an examination. radiocommunication service using sta- 97.509 Administering VE requirements. tions on Earth satellites for the same 97.511 Examinee conduct. purpose as those of the amateur serv- 97.513–97.517 [Reserved] ice. 97.519 Coordinating examination sessions. 97.521 VEC qualifications. (4) Amateur service. A 97.523 Question pools. radiocommunication service for the 97.525 Accrediting VEs. purpose of self-training, intercommuni- 97.527 Reimbursement for expenses. cation and technical investigations APPENDIX 1 TO PART 97—PLACES WHERE THE carried out by amateurs, that is, duly AMATEUR SERVICE IS REGULATED BY THE authorized persons interested in radio FCC technique solely with a personal aim APPENDIX 2 TO PART 97—VEC REGIONS and without pecuniary interest. AUTHORITY: 48 Stat. 1066, 1082, as amended; (5) Amateur station. A station in an 47 U.S.C. 154, 303. Interpret or apply 48 Stat. amateur radio service consisting of the 1064–1068, 1081–1105, as amended; 47 U.S.C. apparatus necessary for carrying on 151–155, 301–609, unless otherwise noted. radiocommunications. SOURCE: 54 FR 25857, June 20, 1989, unless (6) Automatic control. The use of de- otherwise noted. vices and procedures for control of a

667

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00667 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 § 97.3 47 CFR Ch. I (10–1–96 Edition)

station when it is transmitting so that other Earth stations by means of one compliance with the FCC Rules is or more other objects in space. achieved without the control operator (16) EIC. Engineer in Charge of an being present at a control point. FCC Field Facility. (7) Auxiliary station. An amateur sta- (17) External RF power amplifier. A de- tion, other than in a message forward- vice capable of increasing power output ing system, that is transmitting com- when used in conjunction with, but not munications point-to-point within a an integral part of, a transmitter. system of cooperating amateur sta- (18) External RF power amplifier kit. A tions. number of electronic parts, which, (8) Bandwidth. The width of a fre- when assembled, is an external RF quency band outside of which the mean power amplifier, even if additional power of the transmitted signal is at- parts are required to complete assem- tenuated at least 26 dB below the mean bly. power of the transmitted signal within (19) FAA. Federal Aviation Adminis- the band. tration. (9) Beacon. An amateur station trans- (20) FCC. Federal Communications mitting communications for the pur- Commission. poses of observation of propagation and (21) Frequency coordinator. An entity, reception or other related experi- recognized in a local or regional area mental activities. by amateur operators whose stations (10) Broadcasting. Transmissions in- are eligible to be auxiliary or repeater tended for reception by the general stations, that recommends transmit/re- public, either direct or relayed. ceive channels and associated operat- ing and technical parameters for such (11) Call sign system. The method used stations in order to avoid or minimize to select a call sign for amateur sta- potential interference. tion over-the-air identification pur- (22) Harmful interference. Interference poses. The call sign systems are: which endangers the functioning of a (i) Sequential call sign system. The call radionavigation service or of other sign is selected by the FCC from an al- safety services or seriously degrades, phabetized list corresponding to the ge- obstructs or repeatedly interrupts a ographic region of the licensee’s mail- radiocommunication service operating ing address and operator class. The call in accordance with the Radio Regula- sign is shown on the license. The FCC tions. will issue public announcements detail- (23) Indicator. Words, letters or nu- ing the procedures of the sequential merals appended to and separated from call sign system. the call sign during the station identi- (ii) Vanity call sign system. The call fication. sign is selected by the FCC from a list (24) Information bulletin. A message of call signs requested by the licensee. directed only to amateur operators The call sign is shown on the license. consisting solely of subject matter of The FCC will issue public announce- direct interest to the amateur service. ments detailing the procedures of the (25) International Morse code. A dot- vanity call sign system. dash code as defined in International (12) Control operator. An amateur op- Telegraph and Telephone Consultative erator designated by the licensee of a Committee (CCITT) Recommendation station to be responsible for the trans- F.1 (1984), Division B, I. Morse code. missions from that station to assure (26) ITU. International Telecommuni- compliance with the FCC Rules. cation Union. (13) Control point. The location at (27) Line A. Begins at Aberdeen, WA, which the control operator function is running by great circle arc to the performed. intersection of 48°, 120°, thence (14) CSCE. Certificate of successful along parallel 48°N, to the intersection completion of an examination. of 95°W, thence by great circle arc (15) Earth station. An amateur station through the southernmost point of Du- located on, or within 50 km of, the luth, MN, thence by great circle arc to Earth’s surface intended for commu- 45°N, 85°W, thence southward along me- nications with space stations or with ridian 85°W, to its intersection with

668

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00668 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 Federal Communications Commission § 97.3

parallel 41°N, thence along parallel (38) Space station. An amateur station 41°N, to its intersection with meridian located more than 50 km above the 82°W, thence by great circle arc Earth’s surface. through the southernmost point of (39) Space telemetry. A one-way trans- Bangor, ME, thence by great circle arc mission from a space station of meas- through the southernmost point of urements made from the measuring in- Searsport, ME, at which point it termi- struments in a spacecraft, including nates. those relating to the functioning of the (28) Local control. The use of a control spacecraft. operator who directly manipulates the (40) Spurious emission. An emission, or operating adjustments in the station to frequencies outside the necessary band- achieve compliance with the FCC width of a transmission, the level of Rules. which may be reduced without affect- (29) Message forwarding system. A ing the information being transmitted. group of amateur stations participat- (41) Telecommand. A one-way trans- ing in a voluntary, cooperative, inter- mission to initiate, modify, or termi- active arrangement where communica- nate functions of a device at a dis- tions are sent from the control opera- tance. tor of an originating station to the (42) Telecommand station. An amateur control operator of one or more des- station that transmits communica- tination stations by one or more for- tions to initiate, modify or terminate warding stations. functions of a space station. (30) National Radio Quiet Zone. The (43) Telemetry. A one-way trans- area in Maryland, Virginia and West mission of measurements at a distance Virginia Bounded by 39° 15′N on the from the measuring instrument. north, 78° 30′W on the east, 37° 30′N on (44) Third party communications. A the south and 80° 30′W on the west. message from the control operator (31) Physician. For the purpose of this (first party) of an amateur station to part, a person who is licensed to prac- another amateur station control opera- tice in a place where the amateur serv- tor (second party) on behalf of another ice is regulated by the FCC, as either a person (third party). Doctor of Medicine (.D.) or a Doctor (45) VE. Volunteer examiner. of Osteophathy (D..) (46) VEC. Volunteer-examiner coordi- (32) Question pool. All current exam- nator. ination questions for a designated writ- (b) The definitions of technical ten examination element. smybols used in this part are: (33) Question set. A series of examina- (1) EHF (extremely high frequency). tion on a given examination selected The frequency range 30–300 GHz. from the question pool. (2) HF (high frequency). The fre- (34) Radio Regulations. The latest ITU quency range 3–30 MHz. Radio Regulations to which the United (3) Hz. Hertz. States is a party. (4) m. Meters. (35) RACES (radio amateur civil (5) MF (medium frequency). The fre- emergency service). A radio service quency range 300–3000 kHz. using amateur stations for civil defense (6) PEP (peak envelope power). The communications during periods of average power supplied to the antenna local, regional or national civil emer- transmission line by a transmitter dur- gencies. ing one RF cycle at the crest of the (36) Remote control. The use of a con- modulation envelope taken under nor- trol operator who indirectly manipu- mal operating conditions. lates the operating adjustments in the (7) RF. Radio frequency. station through a control link to (8) SHF (super-high frequency). The achieve compliance with the FCC frequency range 3–30 GHz. Rules. (9) UHF (ultra-high frequency). The (37) Repeater. An amateur station frequency range 300–3000 MHz. that simultaneously retransmits the (10) VHF (very-high frequency). The transmission of another amateur sta- frequency range 30–300 MHz. tion on a different channel or channels. (11) W. Watts.

669

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00669 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 § 97.5 47 CFR Ch. I (10–1–96 Edition)

(c) The following terms are used in emission J2B. Only a digital code of a this part to indicate emission types. type specifically authorized in this Refer to § 2.201 of the FCC Rules, Emis- part may be transmitted. sion, modulation and transmission char- (8) SS. Spread-spectrum emissions acteristics, for information on emission using bandwidth-expansion modulation type designators. emissions having designators with A, (1) CW. International Morse code te- C, D, F, G, H, or R as the first sym- legraphy emissions having designators bol; as the second symbol; X as the with A, C, H, J or R as the first symbol; third symbol. Only a SS emission of a 1 as the second symbol; A or B as the type specifically authorized in this third symbol; and emissions J2A and part may be transmitted. J2B. (9) Test. Emissions containing no in- (2) Data. Telemetry, telecommand formation having the designators with and computer communications emis- N as the third symbol. Test does not sions having designators with A, C, D, include pulse emissions with no infor- F, G, H, J or R as the first symbol; 1 as mation or modulation unless pulse the second symbol; D as the third sym- emissions are also authorized in the bol; and emission J2D. Only a digital frequency band. code of a type specifically authorized in this part may be transmitted. [54 FR 25857, June 20, 1989, as amended at 56 (3) Image. Facsimile and television FR 29, Jan. 2, 1991; 56 FR 56171, Nov. 1, 1991; 59 FR 18975, Apr. 21, 1994; 60 FR 7460, Feb. 8, emissions having designators with A, 1995] C, D, F, G, H, J or R as the first sym- bol; 1, 2 or 3 as the second symbol; C or § 97.5 Station license required. F as the third symbol; and emissions having B as the first symbol; 7, 8 or 9 (a) The person having physical con- as the second symbol; W as the third trol of the station apparatus must have symbol. been granted a station license of the (4) MCW. Tone-modulated inter- type listed in paragraph (b) of this sec- national Morse code telegraphy emis- tion, or hold an unexpired document of sions having designators with A, C, D, the type listed in paragraph (c) of this F, G, H or R as the first symbol; 2 as section, before the station may trans- the second symbol; A or B as the third mit on any amateur service frequency symbol. from any place that is: (5) Phone. Speech and other sound (1) Within 50 km of the Earth’s sur- emissions having designators with A, face and at a place where the amateur C, D, F, G, H, J or R as the first sym- service is regulated by the FCC; bol; 1, 2 or 3 as the second symbol; E as (2) Within 50 km of the Earth’s sur- the third symbol. Also speech emis- face and aboard any vessel or craft that sions having B as the first symbol; 7, 8 is documented or registered in the or 9 as the second symbol; E as the United States; or third symbol. MCW for the purpose of (3) More than 50 km above the performing the station identification Earth’s surface aboard any craft that is procedure, or for providing telegraphy documented or registered in the United practice interspersed with speech. Inci- States. dental tones for the purpose of selec- (b) The types of station licenses are: tive calling or alerting or to control (1) An operator/primary station li- the level of a demodulated signal may cense. One, but only one, operator/pri- also be considered phone. mary station license is granted to each (6) Pulse. Emissions having designa- person who is qualified to be an ama- tors with , , M, P, , or W as the teur operator. The primary station li- first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the cense is granted together with the second symbol; A, B, C, D, E, F, N, W amateur operator license. Except for a or X as the third symbol. representative of a foreign govern- (7) RTTY. Narrow-band direct-print- ment, any person who qualifies by ex- ing telegraphy emissions having des- amination is eligible to apply for an ignators with A, C, D, F, G, H, J or R operator/primary station license. The as the first symbol; 1 as the second operator/primary station license docu- symbol; B as the third symbol; and ment is printed on FCC Form 660.

670

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00670 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 Federal Communications Commission § 97.9

(2) A club station license. A club sta- with the FCC Rules all transmitting tion license is granted only to the per- apparatus under the physical control of son who is the license trustee des- the station licensee at points where the ignated by an officer of the club. The amateur service is regulated by the trustee must be a person who has been FCC. granted an Amateur Extra, Advanced, General, Technician Plus, or Techni- [59 FR 54831, Nov. 2, 1994] cian operator license. The club must be composed of at least two persons and § 97.7 Control operator required. must have a name, a document of orga- When transmitting, each amateur nization, management, and a primary station must have a control operator. purpose devoted to amateur service ac- The control operator must be a person tivities consistent with this part. The who has been granted an amateur oper- club station license document is print- ator/primary station license, or who ed on FCC Form 660. holds an unexpired document of the fol- (3) A military recreation station li- lowing types: cense. A military recreation station li- (a) A reciprocal permit for alien ama- cense is granted only to the person who teur licensee (FCC Form 610–AL) issued is the license custodian designated by to the person by the FCC, or the official in charge of the United (b) An amateur service license issued States military recreational premises to the person by the Government of where the station is situated. The per- son must not be a representative of a Canada. The person must be a Cana- foreign government. The person need dian citizen. not have been granted an amateur op- [59 FR 54832, Nov. 2, 1994] erator license. The military recreation station license document is printed on § 97.9 Operator license. FCC Form 660. (a) The classes of amateur operator (4) A RACES station license. A licenses are: Novice, Technician, Tech- RACES station license is granted only nician Plus (until such licenses expire, to the person who is the license custo- dian designated by the official respon- a Technician Class license granted be- sible for the governmental agency fore February 14, 1991, is considered a served by that civil defense organiza- Technician Plus Class license), Gen- tion. The custodian must be the civil eral, Advanced, and Amateur Extra. A defense official responsible for coordi- person who has been granted an opera- nation of all civil defense activities in tor license is authorized to be the con- the area concerned. The custodian trol operator of an amateur station must not be a representative of a for- with the privileges of the operator eign government. The custodian need class specified on the license. not have been granted an amateur op- (b) A person who has been granted an erator license. The RACES station li- operator license of Novice, Technician, cense document is printed on FCC Technician Plus, General, or Advanced Form 660. class and who has properly submitted (c) The types of documents are: to the administering VEs an applica- (1) A reciprocal permit for alien ama- tion document, FCC Form 610, for an teur licensee (FCC Form 610–AL) issued operator license of a higher class, and to the person by the FCC. who holds a CSCE indicating that the (2) An amateur service license issued person has completed the necessary ex- to the person by the Government of aminations within the previous 365 Canada. The person must be a Cana- days, is authorized to exercise the dian citizen. rights and privileges of the higher op- (d) A person who has been granted a erator class until final disposition of station license of the type listed in the application or until 365 days follow- paragraph (b) of this section, or who ing the passing of the examination, holds an unexpired document of the whichever comes first. type listed in paragraph (c) of this sec- tion, is authorized to use in accordance [59 FR 54832, Nov. 2, 1994]

671

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00671 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 § 97.11 47 CFR Ch. I (10–1–96 Edition)

§ 97.11 Stations aboard ships or air- as specified in § 1.1307(c) and § 1.1307(d) craft. of this chapter. Where the routine eval- (a) The installation and operation of uation indicates that the RF radiation an amateur station on a ship or air- could be in excess of the limits con- craft must be approved by the master tained in § 1.1310 of this chapter, the li- of the ship or pilot in command of the censee must take action to prevent aircraft. such an occurrence. Further informa- (b) The station must be separate tion on evaluating compliance with from and independent of all other radio these limits can be found in the FCC’s apparatus installed on the ship or air- OST/OET Bulletin Number 65, ‘‘Evalua- craft, except a common antenna may tion Compliance with FCC-Specified be shared with a voluntary ship radio Guidelines for Human Exposure to Ra- installation. The station’s trans- diofrequency Radiation.’’ missions must not cause interference [54 FR 25857, June 20, 1989, as amended at 55 to any other apparatus installed on the FR 20398, May 16, 1990; 61 FR 41019, Aug. 7, ship or aircraft. 1996] (c) The station must not constitute a hazard to the safety of life or property. § 97.15 Station antenna structures. For a station aboard an aircraft, the (a) Unless the amateur station li- apparatus shall not be operated while cense has received prior approval from the aircraft is operating under Instru- the FCC, no antenna structure, includ- ment Flight Rules, as defined by the ing the radiating elements, tower, sup- FAA, unless the station has been found ports and all appurtenances, may be to comply with all applicable FAA higher than 61 m (200 feet) above Rules. ground level at its site. (b) Unless the amateur station li- § 97.13 Restrictions on station loca- censee has received prior approval from tion. the FCC, no antenna structure, at an (a) Before placing an amateur station airport or heliport that is available for on land of environmental importance public use and is listed in the Airport or that is significant in American his- Directory of the current Airman’s Infor- tory, architecture or culture, the li- mation Manual or in either the Alaska censee may be required to take certain or Pacific Airman’s Guide and Chart Sup- actions prescribed by § 1.1301–1.1319 of plement; or at an airport or heliport the FCC Rules. under construction that is the subject (b) A station within 1600 m (1 mile) of of a notice or proposal on file with the an FCC monitoring facility must pro- FAA, and except for military airports, tect that facility from harmful inter- it is clearly indicated that the airport ference. Failure to do so could result in will be available for public use; or at an imposition of operating restrictions airport or heliport that is operated by upon the amateur station by an EIC the armed forces of the United States; pursuant to § 97.121 of this part. Geo- or at a place near any of these airports graphical coordinates of the facilities or heliports, may be higher than: that require protection are listed in (1) 1 m above the airport elevation § 0.121(c) of the FCC Rules. for each 100 m from the nearest runway (c) Before causing or allowing an longer than 1 km within 6.1 km of the amateur station to transmit from any antenna structure. place where the operation of the sta- (2) 2 m above the airport elevation tion could cause human exposure to for each 100 m from the nearest runway levels of radiofrequency (RF) radiation shorter than 1 km within 3.1 km of the in excess of that allowed under § 1.1310 antenna structure. of this chapter, the licensee is required (3) 4 m above the airport elevation to take certain actions. A routine RF for each 100 m from the nearest landing radiation evaluation, as discussed in pad within 1.5 km of the antenna struc- § 1.1307(b) of this chapter, is required if ture. the transmitter power exceeds 50 watts (c) An amateur station antenna peak envelope power; otherwise the op- structure no higher than 6.1 m (20 feet) eration is categorically excluded from above ground level at its site or no routine RF radiation evaluation except higher than 6.1 m above any natural

672

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00672 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 Federal Communications Commission § 97.19

object or existing manmade structure, FCC, 1270 Fairfield Road, Gettysburg, other than an antenna structure, is ex- PA 17325–7245. empt from the requirements of para- (1) The person must be a citizen of a graphs (a) and (b) of this section. country with which the United States (d) Further details as to whether an has arrangements to grant reciprocal aeronautical study is required or if the operating permits to visiting alien structure must be registered, painted, amateur operators is eligible to apply or lighted are contained in part 17 of for a reciprocal permit for alien amateur this chapter, Construction, Marking, licensee. and Lighting of Antenna Structures. (2) The person must be a citizen of To request approval to place an an- the same country that issued the ama- tenna structure higher than the limits teur service license. specified in paragraphs (a), (b), and (c) (3) No person who is a citizen of the of this section, the licensee must no- United States, regardless of any other tify the FAA using FAA Form 7460–1 citizenship also held, is eligible for a and the structure owner must register reciprocal permit for alien amateur li- the structure using FCC Form 854. censee. (e) Except as otherwise provided (4) No person who has been granted herein, a station antenna structure an amateur operator license is eligible may be erected at heights and dimen- for a reciprocal permit for alien amateur sions sufficient to accommodate ama- licensee. teur service communications. [State (e) No person shall obtain or attempt and local regulation of a station an- to obtain, or assist another person to tenna structure must not preclude obtain or attempt to obtain, an ama- amateur service communications. teur service license or reciprocal permit Rather, it must reasonably accommo- for alien amateur licensee by fraudulent date such communications and must means. constitute the minimum practicable (f) One unique call sign will be shown regulation to accomplish the state or on the license of each new primary, local authority’s legitimate purpose. club, and military recreation station. [See PRB–1, 101 FCC 2d 952 (1985) for de- The call sign will be selected by the se- tails.] quential call sign system. (g) Each application for a new club or [54 FR 25857, June 20, 1989; 54 FR 39535, Sept. military recreation station license 27, 1989, as amended at 60 FR 50123, Sept. 28, 1995; 61 FR 4369, Feb. 6, 1996] must be submitted to the FCC, 1270 Fairfield Road, Gettysburg, PA 17325– § 97.17 Application for new license or 7245. No new license for a RACES sta- reciprocal permit for alien amateur tion will be issued. licensee. [59 FR 54832, Nov. 2, 1994, as amended at 60 (a) Any qualified person is eligible to FR 7460, Feb. 8, 1995; 60 FR 53132, Oct. 12, apply for an amateur service license. 1995] (b) Each application for a new ama- teur service license must be made on § 97.19 Application for a vanity call the proper document: sign. (1) FCC Form 610 for a new operator/ (a) A person who has been granted an primary station license; operator/primary station license or a (2) FCC Form 610–A for a reciprocal license trustee who has been granted a permit for alien amateur licensee; and club station license is eligible to make (3) FCC Form 610–B for a new ama- application for modification of the li- teur service club or military recreation cense, or the renewal thereof, to show station license. a call sign selected by the vanity call (c) Each application for a new opera- sign system. RACES and military tor/primary station license must be recreation stations are not eligible for submitted to the VEs administering a vanity call sign. the qualifying examination. (b) Each application for a modifica- (d) Any eligible person may apply for tion of an operator/primary or club sta- a reciprocal permit for alien amateur li- tion license, or the renewal thereof, to censee. The application document, FCC show a call sign selected by the vanity Form 610–A, must be submitted to the call sign system must be made on FCC

673

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00673 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 § 97.21 47 CFR Ch. I (10–1–96 Edition)

Form 610–V. The form must be submit- Pacific Insular areas will be assigned ted with the appropriate fee to the ad- only to a primary or club station dress specified in the Wireless Tele- whose licensee’s mailing address is in communications Bureau Fee Filing the corresponding state, common- Guide. wealth, or island. This limitation does (c) Only unassigned call signs that not apply to an applicant for the call are available to the sequential call sign sign as the spouse, child, grandchild, system are available to the vanity call stepchild, parent, grandparent, step- sign system with the following excep- parent, brother, sister, stepbrother, tions: stepsister, aunt, uncle, niece, nephew, (1) A call sign shown on an expired li- or in-law, of the former holder now de- cense is not available to the vanity call ceased. sign system for 2 years following the [60 FR 7460, Feb. 8, 1995, as amended at 60 FR expiration of the license. 50123, Sept. 28, 1995; 60 FR 53132, Oct. 12, 1995] (2) A call sign shown on a surren- dered, revoked, set aside, cancelled, or § 97.21 Application for a modified or voided license is not available to the renewed license. vanity call sign system for 2 years fol- (a) A person who has been granted an lowing the date such action is taken. amateur station license that has not (3) Except for an applicant who is the expired: spouse, child, grandchild, stepchild, (1) Must apply for a modification of parent, grandparent, stepparent, broth- the license as necessary to show the er, sister, stepbrother, stepsister, aunt, correct mailing address, licensee name, uncle, niece, nephew, or in-law, and ex- club name, license trustee name, or li- cept for an applicant who is a club sta- cense custodian name. The application tion license trustee acting with the document must be submitted to: FCC, written consent of at least one rel- 1270 Fairfield Road, Gettysburg, PA ative, as listed above, of a person now 17325–7245. For an operator/primary sta- deceased, the call sign shown on the li- tion license, the application must be cense of a person now deceased is not made on FCC Form 610. For a club, available to the vanity call sign system military recreation, or RACES station for 2 years following the person’s license, the application must be made death, or for 2 years following the expi- on FCC Form 610–B. ration of the license, whichever is (2) May apply for a modification of sooner. the license to show a higher operator (d) The vanity call sign requested by class. The application must be made on an applicant must be selected from the FCC Form 610 and must be submitted group of call signs corresponding to the to the VEs administering the qualify- same or lower class of operator license ing examination. held by the applicant as designated in (3) May apply for renewal of the li- the sequential call sign system. cense for another term. (The FCC may (1) The applicant must request that mail to the licensee an FCC Form 610– the call sign shown on the current li- R that may be used for this purpose.) cense be vacated and provide a list of (i) When the license does not show a up to 25 call signs in order of pref- call sign selected by the vanity call erence. sign system, the application may be (2) The first assignable call sign from made on FCC Form 610–R if it is re- the applicant’s list will be shown on ceived from the FCC. If the Form 610– the license grant. When none of those R is not received from the FCC within call signs are assignable, the call sign 30 days of the expiration date of the li- vacated by the applicant will be shown cense for an operator/primary station on the license grant. license, the application may be made (3) Vanity call signs will be selected on FCC Form 610. For a club, military from those call signs assignable at the recreation, or RACES station license, time the application is processed by the application may be made on FCC the FCC. Form 610–B. The application may be (4) A call sign designated under the submitted no more than 90 days before sequential call sign system for Alaska, its expiration to: FCC, 1270 Fairfield Hawaii, Caribbean Insular Areas, and Road, Gettysburg, PA 17325–7245. When

674

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00674 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 Federal Communications Commission § 97.25

the application for renewal of the li- reciprocal permit for alien amateur li- cense has been received by the FCC at censee may be issued upon proper ap- 1270 Fairfield Road, Gettysburg, PA plication. 17325–7245 on or before the license expi- ration date, the license operating au- [59 FR 54832, Nov. 2, 1994, as amended at 60 thority is continued until the final dis- FR 7461, Feb. 8, 1995; 60 FR 53133, Oct. 12, 1995; 60 FR 54409, Oct. 23, 1995; 61 FR 21386, May 10, position of the application. 1996] (ii) When the license shows a call sign selected by the vanity call sign § 97.23 Mailing address. system, the application must be filed as specified in Section 97.19(b). When (a) Each application for a license and the application has been received at each application for a reciprocal permit the proper address specified in the for alien amateur licensee must show a Wireless Telecommunications Bureau mailing address in an area where the Fee Filing Guide on or before the li- amateur service is regulated by the cense expiration date, the license oper- FCC and where the licensee or permit- ating authority is continued until final tee can receive mail delivery by the disposition of the application. United States Postal Service. Each ap- (4) May apply for a modification of plication for a reciprocal permit for alien the license to show a different call sign amateur licensee must also show the selected by the sequential call sign sys- permittee’s mailing address in the tem. The application document must country of citizenship. be submitted to: FCC, 1270 Fairfield (b) When there is a change in the Road, Gettysburg, PA 17325–7245. The mailing address for a person who has application must be made on FCC been granted an amateur operator/pri- Form 610. This modification is not mary station license, the person must available to club, military recreation, file a timely application for a modifica- or RACES stations. tion of the license. Revocation of the (b) A person who had been granted an station license or suspension of the op- amateur station license, but the li- cense has expired, may apply for re- erator license may result when cor- newal of the license for another term respondence from the FCC is returned during a 2 year filing grace period. The as undeliverable because the person application document must be received failed to provide the correct mailing by the FCC at 1270 Fairfield Road, Get- address. tysburg, PA 17325–7245 prior to the end (c) When a person who has been of the grace period. For an operator/ granted a reciprocal permit for alien ama- primary station license, the applica- teur licensee changes the mailing ad- tion must be made on FCC Form 610. dress where he or she can receive mail For a club, military recreation, or delivery by the United States Postal RACES station license, the application Service, the person must file an appli- must be made on FCC Form 610–B. Un- cation for a new permit. Cancellation less and until the license is renewed, no of the reciprocal permit for alien amateur privileges in this part are conferred. licensee may result when correspond- (c) Each application for a modified or ence from the FCC is returned as renewed amateur service license must undeliverable because the permittee be accompanied by a photocopy (or the failed to provide the correct mailing original) of the license document un- address. less an application for renewal using FCC Form 610–R is being made, or un- [59 FR 54833, Nov. 2, 1994] less the original document has been lost, mutilated or destroyed. § 97.25 License term. (d) Unless the holder of a station li- (a) An amateur service license is nor- cense requests a change in call sign, mally granted for a 10-year term. the same call sign will be assigned to (b) A reciprocal permit for alien ama- the station upon renewal or modifica- teur licensee is normally granted for a 1- tion of a station license. year term. (e) A reciprocal permit for alien ama- teur licensee cannot be renewed. A new [59 FR 54833, Nov. 2, 1994]

675

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00675 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 § 97.27 47 CFR Ch. I (10–1–96 Edition)

§ 97.27 FCC modification of station li- (b) Each station licensee and each cense. control operator must cooperate in se- (a) The FCC may modify a station li- lecting transmitting channels and in cense, either for a limited time or for making the most effective use of the the duration of the term thereof, if it amateur service frequencies. No fre- determines: quency will be assigned for the exclu- (1) That such action will promote the sive use of any station. public interest, convenience, and ne- (c) At all times and on all fre- cessity; or quencies, each control operator must (2) That such action will promote give priority to stations providing fuller compliance with the provisions emergency communications, except to of the Communications Act of 1934, as stations transmitting communications amended, or of any treaty ratified by for training drills and tests in RACES. the United States. (d) No amateur operator shall will- (b) When the FCC makes such a de- fully or maliciously interfere with or termination, it will issue an order of cause interference to any radio com- modification. The order will not be- munication or signal. come final until the licensee is notified in writing of the proposed action and § 97.103 Station licensee responsibil- the grounds and reasons therefor. The ities. licensee will be given reasonable oppor- tunity of no less than 30 days to pro- (a) The station licensee is responsible test the modification; except that, for the proper operation of the station where safety of life or property is in- in accordance with the FCC Rules. volved, a shorter period of notice may When the control operator is a dif- be provided. Any protest by a licensee ferent amateur operator than the sta- of an FCC order of modification will be tion licensee, both persons are equally handled in accordance with the provi- responsible for proper operation of the sions of 47 U.S.C. 316. station. (b) The station licensee must des- [59 FR 54833, Nov. 2, 1994] ignate the station control operator. § 97.29 Replacement license document. The FCC will presume that the station licensee is also the control operator, Each person who has been granted an unless documentation to the contrary amateur station license or reciprocal permit for alien amateur licensee whose is in the station records. original license document or permit (c) The station licensee must make document is lost, mutilated or de- the station and the station records stroyed must request a replacement. available for inspection upon request The request must be made to: FCC, 1270 by an FCC representative. When Fairfield Road, Gettysburg, PA 17325– deemed necessary by an EIC to assure 7245. A statement of how the document compliance with the FCC Rules, the was lost, mutilated, or destroyed must station licensee must maintain a be attached to the request. A replace- record of station operations containing ment document must bear the same ex- such items of information as the EIC piration date as the document that it may require in accord with § 0.314(x) of replaces. the FCC Rules. [59 FR 54833, Nov. 2, 1994] § 97.105 Control operator duties. Subpart B—Station Operation (a) The control operator must ensure Standards the immediate proper operation of the station, regardless of the type of con- § 97.101 General standards. trol. (a) In all respects not specifically (b) A station may only be operated in covered by FCC Rules each amateur the manner and to the extent per- station must be operated in accordance mitted by the privileges authorized for with good engineering and good ama- the class of operator license held by teur practice. the control operator.

676

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00676 Fmt 8010 Sfmt 8010 E:\CFR\167186.071 167186 Federal Communications Commission § 97.111

§ 97.107 Alien control operator privi- need not be at the control point. Only leges. stations specifically designated else- (a) The privileges available to a con- where in this part may be automati- trol operator holding an amateur serv- cally controlled. Automatic control ice license issued by the Government of must cease upon notification by an EIC Canada are: that the station is transmitting im- (1) The terms of the Convention Be- properly or causing harmful inter- tween the United States and Canada ference to other stations. Automatic (TIAS No. 2508) Relating to the Operation control must not be resumed without by Citizens of Either Country of Certain prior approval of the EIC. Radio Equipment or Stations in the Other (e) No station may be automatically Country; controlled while transmitting third (2) The operating terms and condi- party communications, except a sta- tions of the amateur service license is- tion transmitting a RTTY or data sued by the Government of Canada; and emission. All messages that are re- (3) The applicable provisions of the transmitted must originate at a sta- FCC Rules, but not to exceed the con- tion that is being locally or remotely trol operator privileges of an FCC-is- controlled. sued Amateur Extra Class operator li- cense. [54 FR 39535, Sept. 27, 1989, as amended at 60 (b) The privileges available to a con- FR 26001, May 16, 1995] trol operator holding an FCC-issued re- ciprocal permit for alien amateur li- § 97.111 Authorized transmissions. censee are: (a) An amateur station may transmit (1) The terms of the agreement be- the following types of two-way commu- tween the alien’s government and the nications: United States; (1) Transmissions necessary to ex- (2) The operating terms and condi- change messages with other stations in tions of the amateur service license is- the amateur service, except those in sued by the alien’s government; any country whose administration has (3) The applicable provisions of the given notice that it objects to such FCC Rules, but not to exceed the con- communications. The FCC will issue trol operator privileges of an FCC-is- public notices of current arrangements sued Amateur Extra Class operator li- for international communications; cense; and (2) Transmissions necessary to ex- (4) None, if the holder of the recip- change messages with a station in an- rocal permit has obtained an FCC-is- other FCC-regulated service while pro- sued operator/primary station license. viding emergency communications; (c) At any time the FCC may, in its (3) Transmissions necessary to ex- discretion, modify, suspend, or cancel the amateur service privileges within change messages with a United States or over any area where radio services government station, necessary to pro- are regulated by the FCC of any Cana- viding communications in RACES; and dian amateur service licensee or alien (4) Transmissions necessary to ex- reciprocal permittee. change messages with a station in a service not regulated by the FCC, but § 97.109 Station control. authorized by the FCC to communicate (a) Each amateur station must have with amateur stations. An amateur at least one control point. station may exchange messages with a (b) When a station is being locally participating United States military controlled, the control operator must station during an Armed Forces Day be at the control point. Any station Communications Test. may be locally controlled. (b) In addition to one-way trans- (c) When a station is being remotely missions specifically authorized else- controlled, the control operator must where in this part, an amateur station be at the control point. Any station may transmit the following types of may be remotely controlled. one-way communications: (d) When a station is being automati- (1) Brief transmissions necessary to cally controlled, the control operator make adjustments to the station;

677

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00677 Fmt 8010 Sfmt 8010 E:\CFR\167186.072 167186 § 97.113 47 CFR Ch. I (10–1–96 Edition)

(2) Brief transmissions necessary to of human life or the protection of prop- establishing two-way communications erty may be provided by amateur sta- with other stations; tions to broadcasters for dissemination (3) Telecommand; to the public where no other means of (4) Transmissions necessary to pro- communication is reasonably available viding emergency communications; before or at the time of the event. (5) Transmissions necessary to assist- (c) A control operator may accept ing persons learning, or improving pro- compensation as an incident of a teach- ficiency in, the international Morse ing position during periods of time code; and when an amateur station is used by (6) Transmissions necessary to dis- that teacher as a part of classroom in- seminate information bulletins. struction at an educational institution. (7) Transmissions of telemetry. (d) The control operator of a club sta- [54 FR 25857, June 20, 1989, as amended at 56 tion may accept compensation for the FR 56171, Nov. 1, 1991] periods of time when the station is transmitting telegraphy practice or in- § 97.113 Prohibited transmissions. formation bulletins, provided that the (a) No amateur station shall trans- station transmits such telegraphy mit: practice and bulletins for at least 40 (1) Communications specifically pro- hours per week; schedules operations hibited elsewhere in this part; on at least six amateur service MF and (2) Communications for hire or for HF bands using reasonable measures to material compensation, direct or indi- maximize coverage; where the schedule rect, paid or promised, except as other- of normal operating times and fre- wise provided in these rules; quencies is published at least 30 days in (3) Communications in which the sta- advance of the actual transmissions; tion licensee or control operator has a and where the control operator does pecuniary interest, including commu- not accept any direct or indirect com- nications on behalf of an employer. pensation for any other service as a Amateur operators may, however, no- control operator. tify other amateur operators of the (e) No station shall retransmit pro- availability for sale or trade of appara- grams or signals emanating from any tus normally used in an amateur sta- type of radio station other than an tion, provided that such activity is not amateur station, except propagation conducted on a regular basis; and weather forecast information in- (4) Music using a phone emission ex- tended for use by the general public cept as specifically provided elsewhere and originated from United States Gov- in this section; communications in- ernment stations and communications, tended to facilitate a criminal act; including incidental music, originating messages in codes or ciphers intended on United States Government fre- to obscure the meaning thereof, except quencies between a space shuttle and as otherwise provided herein; obscene its associated Earth stations. Prior ap- or indecent words or language; or false proval for shuttle retransmissions or deceptive messages, signals or iden- must be obtained from the National tification; Aeronautics and Space Administration. (5) Communications, on a regular Such retransmissions must be for the basis, which could reasonably be fur- exclusive use of amateur operators. nished alternatively through other Propagation, weather forecasts, and radio services. shuttle retransmissions may not be (b) An amateur station shall not en- conducted on a regular basis, but only gage in any form of broadcasting, nor occasionally, as an incident of normal may an amateur station transmit one- amateur radio communications. way communications except as specifi- cally provided in these rules; nor shall (f) No amateur station, except an an amateur station engage in any ac- auxiliary, repeater, or space station, tivity related to program production or may automatically retransmit the news gathering for broadcasting pur- radio signals of other amateur station. poses, except that communications di- [58 FR 43072, Aug. 13, 1993; 58 FR 47219, Sept. rectly related to the immediate safety 8, 1993]

678

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00678 Fmt 8010 Sfmt 8010 E:\CFR\167186.072 167186 Federal Communications Commission § 97.119

§ 97.115 Third party communications. telecommunications service is not jus- tified. (a) An amateur station may transmit messages for a third party to: § 97.119 Station identification. (1) Any station within the jurisdic- tion of the United States. (a) Each amateur station, except a (2) Any station within the jurisdic- space station or telecommand station, tion of any foreign government whose must transmit its assigned call sign on administration has made arrangements its transmitting channel at the end of with the United States to allow ama- each communication, and at least teur stations to be used for transmit- every 10 minutes during a communica- ting international communications on tion, for the purpose of clearly making behalf of third parties. No station shall the source of the transmissions from transmit messages for a third party to the station known to those receiving any station within the jurisdiction of the transmissions. No station may any foreign government whose admin- transmit unidentified communications istration has not made such an ar- or signals, or transmit as the station rangement. This prohibition does not call sign, any call sign not authorized apply to a message for any third party to the station. who is eligible to be a control operator (b) The call sign must be transmitted of the station. with an emission authorized for the (b) The third party may participate transmitting channel in one of the fol- in stating the message where: lowing ways: (1) The control operator is present at (1) By a CW emission. When keyed by the control point and is continuously an automatic device used only for iden- monitoring and supervising the third tification, the speed must not exceed 20 party’s participation; and words per minute; (2) The third party is not a prior (2) By a phone emission in the Eng- amateur service licensee whose license lish language. Use of a phonetic alpha- was revoked; suspended for less than bet as an aid for correct station identi- the balance of the license term and the fication is encouraged; suspension is still in effect; suspended (3) By a RTTY emission using a spec- for the balance of the license term and ified digital code when all or part of relicensing has not taken place; or sur- the communications are transmitted rendered for cancellation following no- by a RTTY or data emission; tice of revocation, suspension or mone- (4) By an image emission conforming tary forfeiture proceedings. The third to the applicable transmission stand- party may not be the subject of a cease ards, either color or monochrome, of and desist order which relates to ama- § 73.682(a) of the FCC Rules when all or teur service operation and which is part of the communications are trans- still in effect. mitted in the same image emission; or (c) At the end of an exchange of (5) By a CW or phone emission during international third party communica- SS emission transmission on a narrow tions, the station must also transmit bandwidth frequency segment. Alter- in the station identification procedure natively, by the changing of one or the call sign of the station with which more parameters of the emission so a third party message was exchanged. that a conventional CW or phone emis- [54 FR 25857, June 20, 1989; 54 FR 39535, Sept. sion receiver can be used to determine 27, 1989] the station call sign. (c) An indicator may be included § 97.117 International communica- with the call sign. It must be separated tions. from the call sign by the slant mark or Transmissions to a different country, by any suitable word that denotes the where permitted, shall be made in slant mark. If the indicator is self-as- plain language and shall be limited to signed, it must be included after the messages of a technical nature relating call sign and must not conflict with to tests, and, to remarks of a personal any other indicator specified by the character for which, by reason of their FCC Rules or with any prefix assigned unimportance, recourse to the public to another country.

679

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00679 Fmt 8010 Sfmt 8010 E:\CFR\167186.072 167186 § 97.121 47 CFR Ch. I (10–1–96 Edition)

(d) When the operator license class station licensee, the amateur station held by the control operator exceeds shall not be operated during the hours that of the station licensee, an indica- from 8 p.m. to 10:30 p.m., local time, tor consisting of the call sign assigned and on Sunday for the additional pe- to the control operator’s station must riod from 10:30 a.m. until 1 p.m., local be included after the call sign. time, upon the frequency or fre- (e) When the control operator is a quencies used when the interference is person who is exercising the rights and created. privileges authorized by § 97.9(b) of this (b) In general, such steps as may be part, an indicator must be included necessary to minimize interference to after the call sign as follows: stations operating in other services (1) For a control operator who has re- may be required after investigation by quested a license modification from the FCC. Novice Class to Technical Class: KT; (2) For a control operator who has re- quested a license modification from Subpart C—Special Operations Novice or Technical Class to General § 97.201 Auxiliary station. Class: AG; (3) For a control operator who has re- (a) Any amateur station licensed to a quested a license modification from holder of a Technician, General, Ad- Novice, Technician, or General Class vanced or Amateur Extra Class opera- operator to Advanced Class: AA; or tor license may be an auxiliary station. (4) For a control operator who has re- A holder of a Technician, General, Ad- quested a license modification from vanced or Amateur Extra Class opera- Novice, Technician, General, or Ad- tor license may be the control operator vanced Class operator to Amateur of an auxiliary station, subject to the Extra Class: AE. privileges of the class of operator li- (f) When the station is transmitting cense held. under the authority of a reciprocal per- (b) An auxiliary station may trans- mit for alien amateur licensee, an indi- mit only on the 1.25 m and shorter cator consisting of the appropriate let- wavelength bands, except the 219–220 ter-numeral designating the station lo- MHz, 222.000–222.150 MHz, 431–433 MHz, cation must be included before the call and 435–438 MHz segments. sign issued to the station by the licens- (c) Where an auxiliary station causes ing country. When the station is trans- harmful interference to another auxil- mitting under the authority of an ama- iary station, the licensees are equally teur service license issued by the Gov- and fully responsible for resolving the ernment of Canada, a station location interference unless one station’s oper- indicator must be included after the ation is recommended by a frequency call sign. At least once during each coordinator and the other station’s is intercommunication, the identification not. In that case, the licensee of the announcement must include the geo- non-coordinated auxiliary station has graphical location as nearly as possible primary responsibilty to resolve the in- by city and state, commonwealth or terference. possession. (d) An auxiliary station may be auto- matically controlled. [54 FR 25857, June 20, 1989, as amended at 54 (e) An auxiliary station may trans- FR 39535, Sept. 27, 1989; 55 FR 30457, July 26, 1990; 56 FR 28, Jan. 2, 1991] mit one-way communications. [54 FR 25857, June 20, 1989, as amended at 56 § 97.121 Restricted operation. FR 56171, Nov. 1, 1991; 60 FR 15687, Mar. 27, (a) If the operation of an amateur 1995] station causes general interference to the reception of transmissions from § 97.203 Beacon station. stations operating in the domestic (a) Any amateur station licensed to a broadcast service when receivers of holder of a Technician, General, Ad- good engineering design, including ade- vanced or Amateur Extra Class opera- quate selectivity characteristics, are tor license may be a beacon. A holder used to receive such transmissions, and of a Technician, General, Advanced or this fact is made known to the amateur Amateur Extra Class operator license

680

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00680 Fmt 8010 Sfmt 8010 E:\CFR\167186.072 167186 Federal Communications Commission § 97.205

may be the control operator of a bea- § 97.205 Repeater station. con, subject to the privileges of the (a) Any amateur station licensed to a class of operator license held. holder of a Technician, General, Ad- (b) A beacon must not concurrently vanced or Amateur Extra Class opera- transmit on more than 1 channel in the tor license may be a repeater. A holder same amateur service frequency band, of a Technician, General, Advanced or from the same station location. Amateur Extra Class operator license (c) The transmitter power of a beacon may be the control operator of a re- must not exceed 100 W. peater, subject to the privileges of the (d) A beacon may be automatically class of operator license held. controlled while it is transmitting on (b) A repeater may receive and re- the 28.20–28.30 MHz, 50.06–50.08 MHz, transmit only on the 10 m and shorter 144.275–144.300 MHz, 222.05–222.06 MHz or wavelength frequency bands except the 432.300–432.400 MHz segments, or on the 28.0–29.5 MHz, 50.0–51.0 MHz, 144.0–144.5 MHz, 145.5–146.0 MHz, 222.00–222.15 MHz, 33 cm and shorter wavelength bands. 431.0–433.0 Mhz, and 435.0–438.0 Mhz seg- (e) Before establishing an automati- ments. cally controlled beacon in the National (c) Where the transmissions of a re- Radio Quiet Zone or before changing peater cause harmful interference to the transmitting frequency, transmit- another repeater, the two station li- ter power, antenna height or direc- censees are equally and fully respon- tivity, the station licensee must give sible for resolving the interference un- written notification thereof to the In- less the operation of one station is rec- terference Office, National Radio As- ommended by a frequency coordinator tronomy Observatory, P.O. Box 2, and the operation of the other station Green Bank, WV 24944. is not. In that case, the licensee of the (1) The notification must include the non-coordinated repeater has primary geographical coordinates of the an- responsibility to resolve the inter- tenna, antenna ground elevation above ference. mean sea level (AMSL), antenna center (d) A repeater may be automatically of radiation above ground level (AGL), controlled. (e) Ancillary functions of a repeater antenna directivity, proposed fre- that are available to users on the input quency, type of emission, and trans- channel are not considered remotely mitter power. controlled functions of the station. (2) If an objection to the proposed op- Limiting the use of a repeater to only eration is received by the FCC from the certain user stations is permissible. National Radio Astronomy Observ- (f) Before establishing a repeater in atory at Green Bank, Pocahontas the National Radio Quiet Zone or be- County, WV, for itself or on behalf of fore changing the transmitting fre- the Naval Research Laboratory at quency, tramsitter power, antenna Sugar Grove, Pendleton County, WV, height or directivity, or the location of within 20 days from the date of notifi- an existing repeater, the station li- cation, the FCC will consider all as- censee must give written notification pects of the problem and take whatever thereof to the Interference Office, Na- action is deemed appropriate. tional Radio Astronomy Observatory, (f) A beacon must cease trans- P.O. Box 2, Green Bank, WV 24944. missions upon notification by an EIC (1) The notification must include the that the station is operating improp- geographical coordinates of the station erly or causing undue interference to antenna, antenna ground elevation other operations. The beacon may not above mean sea level (AMSL), antenna resume transmitting without prior ap- center of radiation above ground level (AGL), antenna directivity, proposed proval of the EIC. frequency, type of emission, and trans- (g) A beacon may transmit one-way mitter power. communications. (2) If an objection to the proposed op- [54 FR 25857, June 20, 1989, as amended at 55 eration is received by the FCC from the FR 9323, Mar. 13, 1990; 56 FR 19610, Apr. 29, National Radio Astronomy Observ- 1991; 56 FR 32517, July 17, 1991] atory at Green Bank, Pocahontas

681

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00681 Fmt 8010 Sfmt 8010 E:\CFR\167186.073 167186 § 97.207 47 CFR Ch. I (10–1–96 Edition)

County, WV, for itself or on behalf of (1) The first notification is required the Naval Research Laboratory at no less than 27 months prior to initiat- Sugar Grove, Pendleton County, WV, ing space station transmissions and within 20 days from the date of notifi- must specify the information required cation, the FCC will consider all as- by Appendix 4 and Resolution No. 642 of pects of the problem and take whatever the Radio Regulations. action is deemed appropriate. (2) The second notification is re- (g) The control operator of a repeater quired no less than 5 months prior to that retransmits inadvertently com- initiating space station transmissions munications that violate the rules in and must specify the information re- this part is not accountable for the vio- quired by Appendix 3 and Resolution lative communications. No. 642 of the Radio Regulations. [54 FR 25857, June 20, 1989, as amended at 55 (h) The licensee of each space station FR 4613, Feb. 9, 1990; 56 FR 32517, July 17, must give a written, in-space station 1991; 58 FR 64385, Dec. 7, 1993; 59 FR 18975, notification to the Wireless Tele- Apr. 21, 1994] communications Bureau, FCC, Wash- § 97.207 Space station. ington, DC 20554, no later than 7 days following imitation of space station (a) Any amateur station may be a transmissions. The notification must space station. A holder of any class op- update the information contained in erator license may be the control oper- the pre-space notification. ator of a space station, subject to the (i) The licensee of each space station privileges of the class of operator li- must give a written, post-space notifi- cense held by the control operator. cation to the Wireless (b) A space station must be capable Telecommuncations Bureau, FCC, of effecting a cessation of trans- Washington, DC 20554, no later than 3 missions by telecommand whenever such cessation is ordered by the FCC. months after termination of the space station transmissions. When the termi- (c) The following frequency bands and segments are authorized to space nation is ordered by the FCC, notifica- stations: tion is required no later than 24 hours (1) The 17 m, 15 m, 12 m, and 10 m after termination. bands, 6 mm, 4 mm, 2 mm and 1 mm [54 FR 25857, June 20, 1989, as amended at 54 bands; and FR 39535, Sept. 27, 1989; 56 FR 56171, Nov. 1, (2) The 7.0–7.1 MHz, 14.00–14.25 MHz, 1991; 57 FR 32736, July 23, 1992; 60 FR 50124, 144–146 MHz, 435–438 MHz, 1260–1270 Sept. 28, 1995] MHz, and 2400–2450 MHz, 3.40–3.41 GHz, 5.83–5.85 GHz, 10.45–10.50 GHz, and 24.00– § 97.209 Earth station. 24.05 GHz segments. (a) Any amateur station may be an (d) A space station may automati- Earth station. A holder of any class op- cally retransmit the radio signals of erator license may be the control oper- Earth stations and other space sta- ator of an Earth station, subject to the tions. privileges of the class of operator li- (e) A space station may transmit cense held by the control operator. one-way communications. (b) The following frequency bands (f) Space telemetry transmissions and segments are authorized to Earth may consist of specially coded mes- stations: sages intended to facilitate commu- (1) The 17 m, 15 m, 12 m, and 10 m nications or related to the function of bands, 6 mm, 4 mm, 2 mm and 1 mm the spacecraft. bands; and (g) The licensee of each space station (2) The 7.0–7.1 MHz, 14.00–14.25 MHz, must give two written, pre-space sta- 144–146 MHz, 435–438 MHz, 1260–1270 MHz tion notifications to the Wireless Tele- and 2400–2450 MHz, 3.40–3.41 GHz, 5.65– communications Bureau, FCC, Wash- 5.67 GHz, 10.45–10.50 GHz and 24.00–24.05 ington, DC 20554. Each notification GHz segments. must be in accord with the provisions of Articles 11 and 13 of the Radio Regu- [54 FR 25857, June 20, 1989, as amended at 54 lations. FR 39535, Sept. 27, 1989]

682

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00682 Fmt 8010 Sfmt 8010 E:\CFR\167186.073 167186 Federal Communications Commission § 97.219

§ 97.211 Space telecommand station. trol operator is posted in a conspicuous place at the station location. (a) Any amateur station designated by the licensee of a space station is eli- [54 FR 25857, June 20, 1989, as amended at 56 gible to transmit as a telecommand FR 56171, Nov. 1, 1991] station for that space station, subject to the privileges of the class of opera- § 97.215 Telecommand of model craft. tor license held by the control opera- An amateur station transmitting sig- tor. nals to control a model craft may be (b) A telecommand station may operated as follows: transmit special codes intended to ob- (a) The station identification proce- scure the meaning of telecommand dure is not required for transmissions messages to the station in space oper- directed only to the model craft, pro- ation. vided that a label indicating the sta- (c) The following frequency bands tion call sign and the station licensee’s and segments are authorized to tele- name and address is affixed to the sta- command stations: tion transmitter. (1) The 17 m, 15 m, 12 m and 10 m (b) The control signals are not con- bands, 6 mm, 4 mm, 2 mm and 1 mm sidered codes or ciphers intended to ob- bands; and scure the meaning of the communica- (2) The 7.0–7.1 MHz, 14.00–14.25 MHz, tion. 144–146 MHz, 435–438 MHz, 1260–1270 MHz (c) The transmitter power must not and 2400–2450 MHz, 3.40–3.41 GHz, 5.65– exceed 1 W. 5.67 GHz, 10.45–10.50 GHz and 24.00–24.05 [54 FR 25857, June 20, 1989, as amended at 56 GHz segments. FR 56171, Nov. 1, 1991] (d) A telecommand station may transmit one-way communications. § 97.217 Telemetry. [54 FR 25857, June 20, 1989, as amended at 54 Telemetry transmitted by an ama- FR 39535, Sept. 27, 1989; 56 FR 56171, Nov. 1, teur station on or within 50 km of the 1991] Earth’s surface is not considered to be codes or ciphers intended to obscure § 97.213 Telecommand of an amateur the meaning of communications. station. [56 FR 56172, Nov. 1, 1991. Redesignated at 59 An amateur station on or within 50 FR 18975, Apr. 21, 1994] km of the Earth’s surface may be under telecommand where: § 97.219 Message forwarding system. (a) There is a radio or wireline con- (a) Any amateur station may partici- trol link between the control point and pate in a message forwarding system, the station sufficient for the control subject to the privileges of the class of operator to perform his/her duties. If operator license held. radio, the control link must use an (b) For stations participating in a auxiliary station. A control link using message forwarding system, the con- a fiber optic cable or another tele- trol operator of the station originating communication service is considered a message is primarily accountable for wireline. any violation of the rules in this part (b) Provisions are incorporated to contained in the message. limit transmission by the station to a (c) Except as noted in (d) of this sec- period of no more than 3 minutes in the tion, for stations participating in a event of malfunction in the control message forwarding system, the con- link. trol operators of forwarding stations (c) The station is protected against that retransmit inadvertently commu- making, willfully or negligently, unau- nications that violate the rules in this thorized transmissions. part are not accountable for the viola- (d) A photocopy of the station license tive communications. They are, how- and a label with the name, address, and ever, responsible for discontinuing such telephone number of the station li- communications once they become censee and at least one designated con- aware of their presence.

683

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00683 Fmt 8010 Sfmt 8010 E:\CFR\167186.073 167186 § 97.221 47 CFR Ch. I (10–1–96 Edition)

(d) For stations participating in a (c) A station may be automatically message forwarding system, the con- controlled while transmitting a RTTY trol operator of the first forwarding or data emission on any other fre- station must: quency authorized for such emission (1) Authenticate the identity of the types provided that: station from which it accepts commu- (1) The station is responding to inter- nications on behalf of the system; or rogation by a station under local or re- (2) Accept accountability for any vio- mote control; and lation of the rules in this part con- (2) No transmission from the auto- tained in messages it retransmits to matically controlled station occupies a the system. bandwidth of more than 500 Hz. [59 FR 18975, Apr. 21, 1994] [60 FR 26001, May 16, 1995] § 97.221 Automatically controlled digi- tal station. Subpart D—Technical Standards (a) This rule section does not apply § 97.301 Authorized frequency bands. to an auxiliary station, a beacon sta- tion, a repeater station, an earth sta- The following transmitting frequency tion, a space station, or a space tele- bands are available to an amateur sta- command station. tion located within 50 km of the (b) A station may be automatically Earth’s surface, within the specified controlled while transmitting a RTTY ITU Region, and outside any area or data emission on the 6 m or shorter where the amateur service is regulated wavelength bands, and on the 28.120– by any authority other than the FCC. 28.189 MHz, 24.925–24.930 MHz, 21.090– (a) For a station having a control op- 21.100 MHz, 18.105–18.110 MHz, 14.0950– erator who has been granted an opera- 14.0995 MHz, 14.1005–14.112 MHz, 10.140– tor license of Technician, Technician 10.150 MHz, 7.100–7.105 MHz, or 3.620– Plus, General, Advanced, or Amateur 3.635 MHz segments. Extra Class:

Sharing require- Wavelength band ITUÐRegion 1 ITUÐRegion 2 ITUÐRegion 3 ments see § 97.303 (Paragraph)

VHF MHz MHz MHz

6 m ...... 50±54 ...... 50±54 ...... (a) 2 m ...... 144±146 ...... 144±148 ...... 144±148 ...... (a) 1.25 m ...... 219±220 ...... (a), (e) Do ...... 222±225 ...... (a)

UHF MHz MHz MHz

70 cm ...... 430±440 ...... 420±450 ...... 420±450 ...... (a), (b), (f). 33 cm ...... 902±928 ...... (a), (b), (g). 23 cm ...... 1240±1300 ...... 1240±1300 ...... 124±1300 ...... (j). 13 cm ...... 2300±2310 ...... 2300±2310 ...... 2300±2310 ...... (a), (b), (j). do ...... 2390±2450 ...... 2390±2450 ...... 2390±2450 ...... (a), (b), (j).

SHF GHz GHz GHz

9 cm ...... 3.3±3.5 ...... 3.3±.5 ...... (a), (b), (k), (l). 5 cm ...... 5.650±5.850 ...... 5.650±5.925 ...... 5.650±5.850 ...... (a), (b), (m). 3 cm ...... 10.00±10.50 ...... 10.00±10.50 ...... 10.00±10.50 ...... (a), (c), (i), (n). 1.2 cm ...... 24.00±24.25 ...... 24.00±24.25 ...... 24.00±24.25 ...... (a), (b), (i), (o).

EHF GHz GHz GHz

6 mm ...... 47.0±47.2 ...... 47.0±47.2 ...... 47.0±47.2. 4 mm ...... 75.5±81.0 ...... 75.5±81.0 ...... 75.5±81.0 ...... (b), (c), (h). 2.5 mm ...... 119.98±120.02 ...... 119.98±120.02 ...... 119.98±120.02 ...... (k), (p). 2 mm ...... 142±149 ...... 142±149 ...... 142±149 ...... (b), (c), (h), (k). 1 mm ...... 241±250 ...... 241±250 ...... 241±250 ...... (b), (c), (h), (q)...... above 300 ...... above 300 ...... above 300 ...... (k).

684

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00684 Fmt 8010 Sfmt 8010 E:\CFR\167186.073 167186 Federal Communications Commission § 97.301

(b) For a station having a control op- erator who has been granted an opera- tor license of Amateur Extra Class:

Sharing require- ments. See Wavelength band ITUÐRegion 1 ITUÐRegion 2 ITUÐRegion 3 § 97.303 (Para- graph)

MF kHz kHz kHz

160 m ...... 1810±1850 ...... 1800±2000 ...... 1800±2000 ...... (a), (b), (c).

HF MHz MHz MHz

80 m ...... 3.50±3.75 ...... 3.50±3.75 ...... 3.50±3.75 ...... (a). 75 m ...... 3.75±3.80 ...... 3.75±4.00 ...... 3.75±3.90 ...... (a). 40 m ...... 7.0±7.1 ...... 7.0±7.3 ...... 7.0±7.1 ...... (a). 30 m ...... 10.10±10.15 ...... 10.10±10.15 ...... 10.10±10.15 ...... (d). 20 m ...... 14.00±14.35 ...... 14.00±14.35 ...... 14.00±14.35 ...... 17 m ...... 18.068±18.168 ...... 18.068±18.168 ...... 18.068±18.168 ...... 15 m ...... 21.00±21.45 ...... 21.00±21.45 ...... 21.00±21.45 ...... 12 m ...... 24.89±24.99 ...... 24.89±24.99 ...... 24.89±24.99 ...... 10 m ...... 28.0±29.7 ...... 28.0±29.7 ...... 28.0±29.7 ......

(c) For a station having a control op- erator who has been granted an opera- tor license of Advanced Class:

Sharing require- ments See Wavelength band ITUÐRegion 1 ITUÐRegion 2 ITUÐRegion 3 § 97.303, (Para- graph)

MF kHz kHz kHz

160 m ...... 1810±1850 ...... 1800±2000 ...... 1800±2000 ...... (a), (b), (c).

HF MHz MHz MHz

80 m ...... 3.525±3.750 ...... 3.525±3.750 ...... 3.525±3.750 ...... (a). 75 m ...... 3.775±3.800 ...... 3.775±4.000 ...... 3.775±3.900 ...... (a). 40 m ...... 7.025±7.100 ...... 7.025±7.300 ...... 7.025±7.100 ...... (a). 30 m ...... 10.10±10.15 ...... 10.10±10.15 ...... 10.10±10.15 ...... (d). 20 m ...... 14.025±14.150 ...... 14.025±14.150 ...... 14.025±14.150 ...... Do ...... 14.175±14.350 ...... 14.175±14.350 ...... 14.175±14.350 ...... 17 m ...... 18.068±18.168 ...... 18.068±18.168 ...... 18.068±18.168 ...... 15 m ...... 21.025±21.200 ...... 21.025±21.200 ...... 21.025±21.200 ...... Do ...... 21.225±21.450 ...... 21.225±21.450 ...... 21.225±21.450 ...... 12 m ...... 24.89±24.99 ...... 24.89±24.99 ...... 24.89±24.99 ...... 10 m ...... 28.0±29.7 ...... 28.0±29.7 ...... 28.0±29.7 ......

(d) For a station having a control op- erator who has been granted an opera- tor license of General Class:

Sharing require- ments. See Wavelength band ITU±Region 1 ITU±Region 2 ITU±Region 3 § 97.303 (Para- graph)

MF kHz kHz kHz

160 m ...... 1810±1850 ...... 1800±2000 ...... 1800±2000 ...... (a), (b), (c).

HF MHz MHz MHz

685

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00685 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 § 97.303 47 CFR Ch. I (10–1–96 Edition)

Sharing require- ments. See Wavelength band ITU±Region 1 ITU±Region 2 ITU±Region 3 § 97.303 (Para- graph)

80 m ...... 3.525±3.750 ...... 3.525±3.750 ...... 3.525±3.750 ...... (a). 75 m ...... 3.85±4.00 ...... 3.85±3.90 ...... (a). 40 m ...... 7.025±7.100 ...... 7.025±7.150 ...... 7.025±7.100 ...... (a). Do ...... 7.225±7.300 ...... (a). 30 m ...... 10.10±10.15 ...... 10.10±10.15 ...... 10.10±10.15 ...... (d). 20 m ...... 14.025±14.150 ...... 14.025±14.150 ...... 14.025±14.150 ...... Do ...... 14.225±14.350 ...... 14.225±14.350 ...... 14.225±14.350 ...... 17 m ...... 18.068±18.168 ...... 18.068±18.168 ...... 18.068±18.168 ...... 15 m ...... 21.025±21.200 ...... 21.025±21.200 ...... 21.025±21.200 ...... Do ...... 21.30±21.45 ...... 21.30±21.45 ...... 21.30±21.45 ...... 12 m ...... 24.89±24.99 ...... 24.89±24.99 ...... 24.89±24.99 ...... 10 m ...... 28.0±29.7 ...... 28.0±29.7 ...... 28.0±29.7 ......

(e) For a station having a control op- tor license of Novice or Technician erator who has been granted an opera- Plus Class:

Sharing require- ments. See Wavelength band ITUÐRegion 1 ITUÐRegion 2 ITUÐRegion 3 § 97.303 (Para- graph)

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 ...... 28.1±28.5 ...... 28.1±28.5 ...... 28.1±28.5 ......

(f) For a station having a control op- erator who has been granted an opera- tor license of Novice Class:

Sharing require- ments. See Wavelength band ITU±Region 1 ITU±Region 2 ITU±Region 3 § 97.303 (Para- graph)

VHF MHz MHz MHz

1.25 m ...... 222±225 ...... (a).

UHF MHz MHz MHz

23 cm ...... 1270±1295 ...... 1270±1295 ...... 1270±1295 ...... (i).

[54 FR 25857, June 20, 1989; 54 FR 39535, Sept. § 97.301 of this part. (For each ITU Re- 27, 1989, as amended at 55 FR 30457, July 26, gion, each frequency band allocated to 1990; 56 FR 28, Jan. 2, 1991; 56 FR 3043, Jan. 28, the amateur service is designated as ei- 1991; 56 FR 19610, Apr. 29, 1991; 56 FR 32518, ther a secondary service or a primary July 17, 1991; 57 FR 32450, July 22, 1992; 58 FR service. A station in a secondary serv- 64385, Dec. 7, 1993; 59 FR 54833, Nov. 2, 1994; 60 ice must not cause harmful inter- FR 15687, Mar. 27, 1995] ference to, and must accept inter- ference from, stations in a primary § 97.303 Frequency sharing require- ments. service. See §§ 2.105 and 2.106 of the FCC Rules, United States Table of Frequency The following is a summary of the Allocations for complete requirements.) frequency sharing requirements that (a) Where, in adjacent ITU Regions or apply to amateur station transmissions Subregions, a band of frequencies is al- on the frequency bands specified in located to different services of the

686

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00686 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 Federal Communications Commission § 97.303

same category, the basic principle is be given to: The American Radio the equality of right to operate. The Relay, Inc., 225 Main Street, stations of each service in one region Newington, CT 06111–1494. must operate so as not to cause harm- (4) No amateur station may transmit ful interference to services in the other in the 219–220 MHz segment from a lo- Regions or Subregions. (See ITU Radio cation that is within 640 km of an Regulations, No. 346 (Geneva, 1979).) AMTS Coast Station that uses fre- (b) An auxiliary station may trans- quencies in the 217–218/219–220 MHz mit only on shorter wavelength bands, AMTS bands unless the amateur sta- except the 431–433 MHz and 435–438 MHz tion licensee has given written notifi- segments. cation of the station’s specific geo- (c) No amateur station transmitting graphic location for such transmissions in the 1900–2000 kHz segment, the 3 cm to the AMTS licensee. The notification band, the 76–81 GHz segment, the 144– must be given at least 30 days prior to 149 GHz segment and the 241–248 GHz making such transmissions. The loca- segment shall cause harmful inter- tion of AMTS Coast Stations using the ference to, nor is protected from inter- 217–218/219–220 MHz channels may be ob- ference due to the operation of, sta- tained from either: tions in the non-Government radio- location service. The American Radio Relay League, Inc., 225 (d) No amateur station transmitting Main Street, Newington, CT 06111–1494; in the 30 meter band shall cause harm- or ful interference to stations authorized Interactive Systems, Inc., Suite 1103, 1601 North Kent Street, Arlington, VA 22209; by other nations in the fixed service. Fax: (703) 812–8275; Phone: (703) 812–8270. The licensee of the amateur station must make all necessary adjustments, (5) No amateur station may transmit including termination of trans- in the 219–220 MHz segment from a lo- missions, if harmful interference is cation that is within 80 km of an caused. AMTS Coast Station that uses fre- (e) In the 1.25 m band: quencies in the 217–218/219–220 MHz (1) Use of the 219–220 MHz segment is AMTS bands unless that amateur sta- limited to amateur stations participat- tion licensee holds written approval ing, as forwarding stations, in point-to- from that AMTS licensee. The location point fixed digital message forwarding of AMTS Coast Stations using the 217– systems, including intercity packet 218/219–220 MHz channels may be ob- backbone networks. It is not available tained as noted in paragraph (e)(4) of for other purposes. this section. (2) No amateur station transmitting (f) In the 70 cm band: in the 219–220 MHz segment shall cause (1) No amateur station shall transmit harmful interference to, nor is pro- from north of Line A in the 420–430 MHz tected from interference due to oper- segment. ation of Automated Maritime Tele- (2) The 420–430 MHz segment is allo- communications Systems (AMTS), tel- cated to the amateur service in the evision broadcasting on channels 11 United States on a secondary basis, and 13, Interactive Video and Data and is allocated in the fixed and mobile Service systems, Land Mobile Services (except aeronautical mobile) services systems, or any other service having a in the International Table of alloca- primary allocation in or adjacent to tions on a primary basis. No amateur the band. station transmitting in this band shall (3) No amateur station may transmit cause harmful interference to, nor is in the 219–220 MHz segment unless the protected from interference due to the licensee has given written notification operation of, stations authorized by of the station’s specific geographic lo- other nations in the fixed and mobile cation for such transmissions in order (except aeronautical mobile) services. to be incorporated into a data base (3) The 430–440 MHz segment is allo- that has been made available to the cated to the amateur service on a sec- public. The notification must be given ondary basis in ITU Regions 2 and 3. No at least 30 days prior to making such amateur station transmitting in this transmissions. The notification must band in ITU Regions 2 and 3 shall cause

687

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00687 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 § 97.303 47 CFR Ch. I (10–1–96 Edition)

harmful interference to, nor is pro- interference due to the operation of, tected from interference due to the op- stations in the radionavigation-sat- eration of, stations authorized by other ellite service, the aeronautical radio- nations in the radiolocation service. In navigation service, or the radio- ITU Region 1, the 430–440 MHz segment location service. is allocated to the amateur service on (j) In the 13 cm band: a co-primary basis with the radio- (1) The amateur service is allocated location service. As between these two on a secondary basis in all ITU Re- services in this band in ITU Region 1, gions. In ITU Region 1, no amateur sta- the basic principle that applies is the tion shall cause harmful interference equality of right to operate. Amateur to, and is not protected from inter- stations authorized by the United ference due to the operation of, sta- States and radiolocation stations au- tions authorized by other nations in thorized by other nations in ITU Re- the fixed service. In ITU Regions 2 and gion 1 shall operate so as not to cause 3, no station shall cause harmful inter- harmful interference to each other. ference to, and is not protected from (4) No amateur station transmitting interference due to the operation of, in the 449.75–450.25 MHz segment shall stations authorized by other nations in cause interference to, nor is protected the fixed, mobile and radiolocation from itnerference due to the operation services. of stations in, the space operation serv- (2) In the United States, 2300–2310 ice and the space research service or MHz segment is allocated to the ama- Government or non-Government sta- teur service on a co-secondary basis tions for space telecommand. with the Government fixed and mobile (g) In the 33 cm band: services. In this segment, the fixed and (1) No amateur station shall transmit mobile services must not cause harm- from within the States of Colorado and ful interference to the amateur service. Wyoming, bounded on the south by No amateur station transmitting in latitude 39°N., on the north by latitude the 2400–2450 MHz segment is protected 42°N., on the east by longitude 105°W., and on the west by longitude 108°W. from interference due to the operation This band is allocated on a secondary of industrial, scientific and medical de- basis to the amateur service subject to vices on 2450 MHz. not causing harmful interference to, (k) No amateur station transmitting and not receiving protection from any in the 3.332–3.339 GHz and 3.3458–3525 interference due to the operation of, in- GHz segments, the 2.5 mm band, the dustrial, scientific and medical devices, 144.68–144.98 GHz, 145.45–145.75 GHz and automatic vehicle monitoring systems 146.82–147.12 GHz segments and the 343– or Government stations authorized in 348 GHz segment shall cause harmful this band. interference to stations in the radio as- (2) No amateur station shall transmit tronomy service. No amateur station from those portions of the States of transmitting in the 300–302 GHz, 324–326 Texas and New Mexico bounded on the GHz, 345–347 GHz, 363–365 GHz and 379– south by latitude 31°41′N., on the north 381 GHz segments shall cause harmful by latitude 34°30′N., on the east by lon- interference to stations in the space re- gitude 104°11′W., and on the west by search service (passive) or Earth explo- longitude 107°30′W. ration-satellite service (passive). (h) No amateur station transmitting (l) In the 9 cm band: in the 23 cm band, the 3 cm band, the (1) In ITU Regions 2 and 3, the band 24.05–24.25 GHz segment, the 76–81 GHz is allocated to the amateur service on segment, the 144–149 GHz segment and a secondary basis. the 241–248 GHz segment shall cause (2) In the United States, the band is harmful interference to, nor is pro- allocated to the amateur service on a tected from interference due to the op- co-secondary basis with the non-Gov- eration of, stations authorized by other ernment radiolocation service. nations in the radiolocation service. (3) In the 3.3–3.4 GHz segment, no (i) In the 1240–1260 MHz segment, no amateur station shall cause harmful amateur station shall cause harmful interference to, nor is protected from interference to, nor is protected from interference due to the operation of,

688

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00688 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 Federal Communications Commission § 97.305

stations authorized by other nations in (2) In the 10.00–10.45 GHz segment in the radiolocation service. ITU Regions 1 and 3, no amateur sta- (4) In the 3.4–3.5 GHz segment, no tion shall cause interference to, nor is amateur station shall cause harmful protected from interference due to the interference to, nor is protected from operation of, stations authorized by interference due to the operation of, other nations in the fixed and mobile stations authorized by other nations in services. the fixed and fixed-satellite service. (o) No amateur station transmitting (m) In the 5 cm band: in the 1.2 cm band is protected from in- (1) In the 5.650–5.725 GHz segment, the terference due to the operation of in- amateur service is allocated in all ITU dustrial, scientific and medical devices Regions on a co-secondary basis with on 24.125 GHz. In the United States, the the space research (deep space) service. 24.05–24.25 GHz segment is allocated to (2) In the 5.725–5.850 GHz segment, the the amateur service on a co-secondary amateur service is allocated in all ITU basis with the non-government radio- Regions on a secondary basis. No ama- location and Government and non-gov- teur station shall cause harmful inter- ernment Earth exploration-satellite ference to, nor is protected from inter- (active) services. ference due to the operation of, sta- (p) The 2.5 mm band is allocated to tions authorized by other nations in the amateur service on a secondary the fixed-satellite service in ITU Re- basis. No amateur station transmitting gion 1. in this band shall cause harmful inter- (3) No amateur station transmitting ference to, nor is protected from inter- in the 5.725–5.875 GHz segment is pro- ference due to the operation of, sta- tected from interference due to the op- tions in the fixed, inter-satellite and eration of industrial, scientific and mobile services. medical devices operating on 5.8 GHz. (q) No amateur station transmitting (4) In the 5.650–5.850 GHz segment, no in the 244–246 GHz segment of the 1 mm amateur station shall cause harmful band is protected from interference due interference to, nor is protected from to the operation of industrial, sci- interference due to the operation of, entific and medical devices on 245 GHz. stations authorized by other nations in [54 FR 25857, June 20, 1989; 54 FR 39536, Sept. the radiolocation service. 27, 1989, as amended at 56 FR 19611, Apr. 29, (5) In the 5.850–5.925 GHz segment, the 1991; 56 FR 23025, May 20, 1991; 56 FR 32518, amateur service is allocated in ITU Re- July 17, 1991; 56 FR 40801, Aug. 16, 1991; 57 FR gion 2 on a co-secondary basis with the 40344, Sept. 3, 1992; 60 FR 15687, Mar. 27, 1995; radiolocation service. In the United 61 FR 15386, Apr. 8, 1996] States, the segment is allocated to the amateur service on a secondary basis § 97.305 Authorized emission types. to the non-Government fixed-satellite (a) An amateur station may transmit service. No amateur station shall cause a CW emission on any frequency au- harmful interference to, nor is pro- thorized to the control operator. tected from interference due to the op- (b) A station may transmit a test eration of, stations authorized by other emission on any frequency authorized nations in the fixed, fixed-satellite and to the control operator for brief periods mobile services. No amateur station for experimental purposes, except that shall cause harmful interference to, no pulse modulation emission may be nor is protected from interference due transmitted on any frequency where to the operation of, stations in the pulse is not specifically authorized. non-Government fixed-satellite service. (c) A station may transmit the fol- (n) In the 3 cm band: lowing emission types on the fre- (1) In the United States, the 3 cm quencies indicated, as authorized to band is allocated to the amateur serv- the control operator, subject to the ice on a co-secondary basis with the standards specified in § 97.307(f) of this non-government radiolocation service. part.

689

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00689 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 § 97.305 47 CFR Ch. I (10–1–96 Edition)

Wavelength Standards see § 97.307(f), para- band Frequencies Emission types authorized graph:

MF: 160 m Entire band ...... RTTY, data ...... (3). 160 m Entire band ...... Phone, image ...... (1), (2). HF: 80 m Entire band ...... RTTY, data ...... (3), (9). 75 m Entire band ...... Phone, image ...... (1), (2). 40 m 7.000±7.100 MHz ...... RTTY, data ...... (3), (9). 40 m 7.075±7.100 MHz ...... Phone, image ...... (1), (2), (9), (11). 40 m 7.100±7.150 MHz ...... RTTY, data ...... (3), (9). 40 m 7.150±7.300 MHz ...... Phone, image ...... (1), (2). 30 m Entire band ...... RTTY, data ...... (3). 20 m 14.00±14.15 MHz ...... RTTY, data ...... (3). 20 m 14.15±14.35 MHz ...... Phone, image ...... (1), (2). 17 m 18.068±18.110 MHz ...... RTTY, data ...... (3). 17 m 18.110±18.168 MHz ...... Phone, image ...... (1), (2). 15 m 21.0±21.2 MHz ...... RTTY, data ...... (3), (9). 15 m 21.20±21.45 MHz ...... Phone, image ...... (1), (2). 12 m 24.89±24.93 MHz ...... RTTY, data ...... (3). 12 m 24.93±24.99 MHz ...... Phone, image ...... (1), (2). 10 m 28.0±28.3 MHz ...... RTTY, data ...... (4). 10 m 28.3±28.5 MHz ...... Phone, image ...... (1), (2), (10). 10 m 28.5±29.0 MHz ...... Phone, image ...... (1), (2). 10 m 29.0±29.7 MHz ...... Phone, image ...... (2). VHF: 6 m 50.1±51.0 MHz ...... MCW, phone, image, RTTY, data ...... (2), (5). 51.0±54.0 MHz ...... MCW, phone, image, RTTY, data, (2), (5), (8). Do test. 2 m 144.1±148.0 MHz ...... MCW, phone, image, RTTY, data, (2), (5), (8). test. 1.25 m 219±220 MHz ...... Data ...... (13). Do 222±225 MHz ...... MCW, phone, image, RTTY, data, (2), (6), (8). test. UHF: 70 cm Entire band ...... MCW, phone, image, RTTY, data, (6), (8). SS, test. 33 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 23 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test. 13 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. SHF: 9 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 5 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 3 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test. 1.2 cm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. EHF: 6 mm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 4 mm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 2.5 mm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 2 mm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. 1mm Entire band ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse. Ð Above 300 GHz ...... MCW, phone, image, RTTY, data, (7), (8), and (12). SS, test, pulse.

[54 FR 25857, June 20, 1989; 54 FR 39536, Sept. 27, 1989; 55 FR 22013, May 30, 1990, as amended at 55 FR 30457, July 26, 1990; 60 FR 15688, Mar. 27, 1995]

690

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00690 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 Federal Communications Commission § 97.307

§ 97.307 Emission standards. (1) No angle-modulated emission may have a modulation index greater than 1 (a) No amateur station transmission at the highest modulation frequency. shall occupy more bandwidth than nec- (2) No non-phone emission shall ex- essary for the information rate and ceed the bandwidth of a communica- emission type being transmitted, in ac- tions quality phone emission of the cordance with good amateur practice. same modulation type. The total band- (b) Emissions resulting from modula- width of an independent sideband emis- tion must be confined to the band or sion (having B as the first symbol), or segment available to the control opera- a multiplexed image and phone emis- tor. Emissions outside the necessary sion, shall not exceed that of a commu- bandwidth must not cause splatter or nications quality A3E emission. keyclick interference to operations on (3) Only a RTTY or data emission adjacent frequencies. using a specified digital code listed in (c) All spurious emissions from a sta- § 97.309(a) of this part may be transmit- tion transmitter must be reduced to ted. The symbol rate must not exceed the greatest extent practicable. If any 300 bauds, or for frequency-shift key- spurious emission, including chassis or ing, the frequency shift between mark power line radiation, causes harmful and space must not exceed 1 kHz. interference to the reception of an- (4) Only a RTTY or data emission other radio station, the licensee of the using a specified digital code listed in interfering amateur station is required § 97.309(a) of this part may be transmit- to take steps to eliminate the inter- ted. The symbol rate must not exceed ference, in accordance with good engi- 1200 bauds, or for frequency-shift key- neering practice. ing, the frequency shift between mark (d) The mean power of any spurious and space must not exceed 1 kHz. emission from a station transmitter or (5) A RTTY, data or multiplexed external RF power amplifier transmit- emission using a specified digital code ting on a frequency below 30 MHz must listed in § 97.309(a) of this part may be not exceed 50 mW and must be at least transmitted. The symbol rate must not 40 dB below the mean power of the fun- exceed 19.6 kilobauds. A RTTY, data or damental emission. For a transmitter multiplexed emission using an unspec- of mean power less than 5 W, the at- ified digital code under the limitations tenuation must be at least 30 dB. A listed in § 97.309(b) of this part also may transmitter built before April 15, 1977, be transmitted. The authorized band- width is 20 kHz. or first marketed before January 1, (6) A RTTY, data or multiplexed 1978, is exempt from this requirement. emission using a specified digital code (e) The mean power of any spurious listed in § 97.309(a) of this part may be emission from a station transmitter or transmitted. The symbol rate must not external RF power amplifier transmit- exceed 56 kilobauds. A RTTY, data or ting on a frequency between 30–225 MHz multiplexed emission using an unspec- must be at least 60 dB below the mean ified digital code under the limitations power of the fundamental. For a trans- listed in § 97.309(b) of this part also may mitter having a mean power of 25 W or be transmitted. The authorized band- less, the mean power of any spurious width is 100 kHz. emission supplied to the antenna trans- (7) A RTTY, data or multiplexed mission line must not exceed 25 µW and emission using a specified digital code must be at least 40 dB below the mean listed in § 97.309(a) of this part or an un- power of the fundamental emission, but specified digital code under the limita- need not be reduced below the power of tions listed in § 97.309(b) of this part 10 µW. A transmitter built before April may be transmitted. 15, 1977, or first marketed before Janu- (8) A RTTY or data emission having ary 1, 1978, is exempt from this require- designators with A, B, C, D, E, F, G, H, ment. J or R as the first symbol; 1, 2, 7 or 9 (f) The following standards and limi- as the second symbol; and D or W as tations apply to transmissions on the the third symbol is also authorized. frequencies specified in § 97.305(c) of (9) A station having a control opera- this part. tor holding a Novice or Technician

691

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00691 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 § 97.309 47 CFR Ch. I (10–1–96 Edition)

Class operator license may only trans- may use any technique whose technical mit a CW emission using the inter- characteristics have been documented national Morse code. publicly, such as CLOVER, G–TOR, or (10) A station having a control opera- PacTOR, for the purpose of facilitating tor holding a Novice or Technician communications. Class operator license may only trans- (b) Where authorized by §§ 97.305(c) mit a CW emission using the inter- and 97.307(f) of this part, a station may national Morse code or phone emis- transmit a RTTY or data emission sions J3E and R3E. using an unspecified digital code, ex- (11) Phone and image emissions may cept to a station in a country with be transmitted only by stations located which the United States does not have in ITU Regions 1 and 3, and by stations an agreement permitting the code to be located within ITU Region 2 that are used. RTTY and data emissions using west of 130° West longitude or south of unspecified digital codes must not be 20° North latitude. transmitted for the purpose of obscur- (12) Emission F8E may be transmit- ing the meaning of any communica- ted. tion. When deemed necessary by an EIC (13) A data emission using an unspec- to assure compliance with the FCC ified digital code under the limitations Rules, a station must: listed in § 97.309(b) also may be trans- (1) Cease the transmission using the mitted. The authorized bandwidth is unspecified digital code; 100 kHz. (2) Restrict transmissions of any dig- [54 FR 25857, June 20, 1989; 54 FR 30823, July ital code to the extent instructed; 24, 1989, as amended at 54 FR 39537, Sept. 27, (3) Maintain a record, convertible to 1989; 60 FR 15688, Mar. 27, 1995] the original information, of all digital communications transmitted. § 97.309 RTTY and data emission codes. [54 FR 25857, June 20, 1989, as amended at 54 (a) Where authorized by §§ 97.305(c) FR 39537, Sept. 27, 1989; 56 FR 56172, Nov. 1, 1991; 60 FR 55486, Nov. 1, 1995] and 97.307(f) of the part, an amateur station may transmit a RTTY or data § 97.311 SS emission types. emission using the following specified digital codes: (a) SS emission transmissions by an (1) The 5-unit, start-stop, Inter- amateur station are authorized only national Telegraph Alphabet No. 2, for communications between points code defined in International Tele- within areas where the amateur service graph and Telephone Consultative is regulated by the FCC. SS emission Committee Recommendation F.1, Divi- transmissions must not be used for the sion C (commonly known as Baudot). purpose of obscuring the meaning of (2) The 7-unit code specified in Inter- any communication. national Radio Consultative Commit- (b) Stations transmitting SS emis- tee Recommendation CCIR 476–2 (1978), sion must not cause harmful inter- 476–3 (1982), 476–4 (1986) or 625 (1986) ference to stations employing other au- (commonly known as AMTOR). thorized emissions, and must accept all (3) The 7-unit code defined in Amer- interference caused by stations em- ican National Standards Institute X3.4– ploying other authorized emissions. 1977 or International Alphabet No. 5 de- For the purposes of this paragraph, un- fined in International Telegraph and intended triggering of carrier operated Telephone Consultative Committee repeaters is not considered to be harm- Recommendation .50 or in Inter- ful interference. national Organization for Standardiza- (c) Only the following types of SS tion, International Standard ISO 646 emission transmissions are authorized (1983), and extensions as provided for in (hybrid SS emissions transmissions in- CCITT Recommendation T.61 (Malaga- volving both spreading techniques are Torremolinos, 1984) (commonly known prohibited): as ASCII). (1) Frequency hopping where the car- (4) An amateur station transmitting rier of the transmitted signal is modu- a RTTY or data emission using a digi- lated with unciphered information and tal code specified in this paragraph changes frequency at fixed intervals

692

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00692 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 Federal Communications Commission § 97.313

under the direction of a high speed frequency or frequencies of operation code sequence. and, where applicable, the chip rate, (2) Direct sequence where the infor- the code rate, the spreading function, mation is modulo–2 added to a high the transmission protocol(s) including speed code sequence. The combined in- the method of achieving formation and code are then used to sychronization, and the modulation modulate the RF carrier. The high type; speed code sequence dominates the (3) A general description of the type modulation function, and is the direct of information being conveyed, (voice, cause of the wide spreading of the text, memory dump, facsimile, tele- transmitted signal. vision, etc.); (d) The only spreading sequences that (4) The method and, if applicable, the are authorized are from the output of frequency or frequencies used for sta- one binary linear feedback shift reg- tion identification; and ister (which may be implemented in (5) The date of beginning and the hardware or software). date of ending use of each type of (1) Only the following sets of connec- transmitted signal. tions may be used: (f) When deemed necessary by an EIC Number of stages in shift register Taps used in feedback to assure compliance with this part, a station licensee must: 7 ...... 7,1. 13 ...... 13,4, 3, and 1. (1) Cease SS emission transmissions; 19 ...... 19, 5, 2, and 1. (2) Restrict SS emission trans- missions to the extent instructed; and (2) The shift register must not be (3) Maintain a record, convertible to reset other than by its feedback during the original information (voice, text, an individual transmission. The shift image, etc.) of all spread spectrum register output sequence must be used communications transmitted. without alteration. (g) The transmitter power must not (3) The output of the last stage of the exceed 100 W. binary linear feedback shift register must be used as follows: § 97.313 Transmitter power standards. (i) For frequency hopping trans- missions using x frequencies, n con- (a) An amateur station must use the secutive bits from the shift register minimum transmitter power necessary must be used to select the next fre- to carry out the desired communica- quency from a list of frequencies sorted tions. in ascending order. Each consecutive (b) No station may transmit with a frequency must be selected by a con- transmitter power exceeding 1.5 kW secutive block of n bits. (Where n is the PEP. (c) No station may transmit with a smallest integer greater than log2 x.) (ii) For direct sequence transmissions transmitter power exceeding 200 W using m-ary modulation, consecutive PEP on: (1) The 3.675–3.725 MHz, 7.10–7.15 MHz, blocks of log2 m bits from the shift reg- ister must be used to select the trans- 10.10–10.15 MHz, and 21.1–21.2 MHz seg- mitted signal during each interval. ments; (e) The station records must docu- (2) The 28.1–28.5 MHz segment when ment all SS emission transmissions the control operator is a Novice or and must be retained for a period of 1 Technician operator; or year following the last entry. The sta- (3) The 7.050–7.075 MHz segment when tion records must include sufficient in- the station is within ITU Regions 1 or formation to enable the FCC, using the 3. information contained therein, to de- (d) No station may transmit with a modulate all transmissions. The sta- transmitter power exceeding 25 W PEP tion records must contain at least the on the VHF 1.25 m band when the con- following: trol operator is a Novice operator. (1) A technical description of the (e) No station may transmit with a transmitted signal; transmitter power exceeding 5 W PEP (2) Pertinent parameters describing on the UHF 23 cm band when the con- the transmitted signal including the trol operator is a Novice operator.

693

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00693 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 § 97.315 47 CFR Ch. I (10–1–96 Edition)

(f) No station may transmit with a type accepted for use in the amateur transmitter power exceeding 50 W PEP service in accordance with subpart J of on the UHF 70 cm band from an area part 2 of the FCC Rules. This require- specified in footnote US7 to § 2.106 of ment does not apply if one or more of the FCC Rules, unless expressly au- the following conditions are met: thorized by the FCC after mutual (1) The amplifier is not capable of op- agreement, on a case-by-case basis, be- eration on frequencies below 144 MHz. tween the EIC of the applicable field For the purpose of this part, an ampli- facility and the military area fre- fier will be deemed to be incapable of quency coordinator at the applicable operation below 144 MHz if it is not ca- military base. An Earth station or tele- pable of being easily modified to in- command station, however, may trans- crease its amplification characteristics mit on the 435–438 MHz segment with a below 120 MHz and either: maximum of 611 W effective radiated (i) The mean output power of the am- power (1 kW equivalent isotropically plifier decreases, as frequency de- radiated power) without the authoriza- creases from 144 MHz, to a point where tion otherwise required. The transmit- 0 dB or less gain is exhibited at 120 ting antenna elevation angle between MHz; or the lower half-power (¥3 dB relative to (ii) The amplifier is not capable of the peak or antenna bore sight) point amplifying signals below 120 MHz even and the horizon must always be greater for brief periods without sustaining than 10°. permanent damage to its amplification (g) No station may transmit with a circuitry. transmitter power exceeding 50 W PEP (2) The amplifier was manufactured on the 33 cm band from within 241 km before April 28, 1978, and has been is- of the boundaries of the White Sands sued a marketing waiver by the FCC, Missile Range. Its boundaries are those or the amplifier was purchased before portions of Texas and New Mexico April 28, 1978, by an amateur operator bounded on the south by latitude 31° 41′ for use at that amateur operator’s sta- North, on the east by longitude 104° 11′ tion. West, on the north by latitude 34° 30′ (3) The amplifier was: North, and on the west by longitude (i) Constructed by the licensee, not 107° 30′ West. from an external RF power amplifier (h) No station may transmit with a kit, for use at the licensee’s station; or transmitter power exceeding 50 W PEP (ii) Modified by the licensee for use on the 219–220 MHz segment of the 1.25 at the licensee’s station. m band. (4) The amplifier is sold by an ama- [54 FR 25857, June 20, 1989, as amended at 56 teur operator to another amateur oper- FR 37161, Aug. 5, 1991; 56 FR 3043, Jan. 28, ator or to a dealer. 1991; 60 FR 15688, Mar. 27, 1995] (5) The amplifier is purchased in used condition by an equipment dealer from § 97.315 Type acceptance of external an amateur operator and the amplifier RF power amplifiers. is further sold to another amateur op- (a) No more than 1 unit of 1 model of erator for use at that operator’s sta- an external RF power amplifier capable tion. of operation below 144 MHz may be con- (c) A list of type accepted equipment structed or modified during any cal- may be inspected at FCC headquarters endar year by an amateur operator for in Washington, DC, or at any FCC field use at a station without a grant of type location. Any external RF power am- acceptance. No amplifier capable of op- plifier appearing on this list as type ac- eration below 144 MHz may be con- cepted for use in the amateur service structed or modified by a non-amateur may be marketed for use in the ama- operator without a grant of type ac- teur service. ceptance from the FCC. (b) Any external RF power amplifier § 97.317 Standards for type acceptance or external RF power amplifier kit (see of external RF power amplifiers. § 2.815 of the FCC Rules), manufactured, (a) To receive a grant of type accept- imported or modified for use in a sta- ance, the amplifier must satisfy the tion or attached at any station must be spurious emission standards of

694

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00694 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 Federal Communications Commission § 97.401

§ 97.307(d) or (e) of this part, as applica- (ii) Not be capable of amplifying the ble, when the amplifier is: input RF driving signal by more than (1) Operated at its full output power; 15 dB, unless the amplifier has a de- (2) Placed in the ‘‘standby’’ or ‘‘off’’ signed transmitter power of less than positions, but still connected to the 1.5 kW (in such a case, gain must be re- transmitter; and duced by the same number of dB as the (3) Driven with at least 50 W mean transmitter power relationship to 1.5 RF input power (unless higher drive kW; This gain limitation is determined level is specified.) by the ratio of the input RF driving (b) To receive a grant of type accept- signal to the RF output power of the ance, the amplifier must not be capable amplifier where both signals are ex- of operation on any frequency or fre- pressed in peak envelope power or mean power); quencies between 24 MHz and 35 MHz. (iii) Not exhibit more gain than per- The amplifier will be deemed incapable mitted by paragraph (c)(6)(ii) of this of such operation if it: section when driven by an RF input (1) Exhibits no more than 6 dB gain signal of less than 50 W mean power; between 24 MHz and 26 MHz and be- and tween 28 MHz and 35 MHz. (This gain (iv) Be capable of sustained operation will be determined by the ratio of the at its designed power level; input RF driving signal (mean power (7) Any attenuation in the input of measurement) to the mean RF output the amplifier which, when removed or power of the amplifier); and modified, would permit the amplifier (2) Exhibits no amplification (0 dB to function at its designed transmitter gain) between 26 MHz and 28 MHz. power when driven by an RF frequency (c) Type acceptance may be denied input signal of less than 50 W mean when denial would prevent the use of power; or these amplifiers in services other than (8) Any other features designed to fa- the amateur service. The following fea- cilitate operation in a telecommuni- tures will result in dismissal or denial cation service other than the Amateur of an application for type acceptance: Radio Services, such as the Citizens (1) Any accessible wiring which, when Band (CB) Radio Service. altered, would permit operation of the amplifier in a manner contrary to the Subpart E—Providing Emergency FCC Rules; Communications (2) Circuit boards or similar circuitry to facilitate the addition of compo- § 97.401 Operation during a disaster. nents to change the amplifier’s operat- (a) When normal communication sys- ing characteristics in a manner con- tems are overloaded, damaged or dis- trary to the FCC Rules; rupted because a disaster has occurred, (3) Instructions for operation or or is likely to occur, in an area where modification of the amplifier in a man- the amateur service is regulated by the ner contrary to FCC Rules; FCC, an amateur station may make (4) Any internal or external controls transmissions necessary to meet essen- or adjustments to facilitate operation tial communication needs and facili- of the amplifier in a manner contrary tate relief actions. to the FCC Rules; (b) When normal communication sys- (5) Any internal RF sensing circuitry tems are overloaded, damaged or dis- or any external switch, the purpose of rupted because a natural disaster has which is to place the amplifier in the occurred, or is likely to occur, in an transmit mode; area where the amateur service is not (6) The incorporation of more gain in regulated by the FCC, a station assist- the amplifier than is necessary to oper- ing in meeting essential communica- ate in the amateur service; for pur- tion needs and facilitating relief ac- poses of this paragraph, the amplifer tions may do so only in accord with must: ITU Resolution No. 640 (Geneva, 1979). (i) Not be capable of achieving de- The 80 m, 75 m, 40 m, 30 m, 20 m, 17 m, signed output power when driven with 15 m, 12 m, and 2 m bands may be used less than 50 W mean RF input power; for these purposes.

695

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00695 Fmt 8010 Sfmt 8010 E:\CFR\167186.074 167186 § 97.403 47 CFR Ch. I (10–1–96 Edition)

(c) When a disaster disrupts normal issued amateur operator license and is communication systems in a particular certified by a civil defense organization area, the FCC may declare a temporary as enrolled in that organization. state of communication emergency. (b) The frequency bands and seg- The declaration will set forth any spe- ments and emissions authorized to the cial conditions and special rules to be control operator are available to sta- observed by stations during the com- tions transmitting communications in munication emergency. A request for a RACES on a shared basis with the ama- declaration of a temporary state of teur service. In the event of an emer- emergency should be directed to the gency which necessitates the invoking EIC in the area concerned. of the President’s War Emergency Pow- (d) A station in, or within 92.6 km of, ers under the provisions of Section 706 Alaska may transmit emissions J3E of the Communications Act of 1934, as and R3E on the channel at 5.1675 Mhz amended, 47 U.S.C. 606, RACES stations for emergency communications. The and amateur stations participating in channel must be shared with stations RACES may only transmit on the fol- licensed in the Alaska-private fixed lowing frequencies: service. The transmitter power must (1) The 1800–1825 kHz, 1975–2000 kHz, not exceed 150 W. 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, § 97.403 Safety of life and protection of 10.10–10.15 MHz, 14.047–14.053 MHz, 14.22– property. 14.23 MHz, 14.331–14.350 MHz, 21.047– No provision of these rules prevents 21.053 MHz, 21.228–21.267 MHz, 28.55–28.75 the use by an amateur station of any MHz, 29.237–29.273 MHz, 29.45–29.65 MHz, means of radiocommunication at its 50.35–50.75 MHz, 52–54 MHz, 144.50–145.71 disposal to provide essential commu- MHz, 146–148 MHz, 2390–2450 MHz seg- nication needs in connection with the ments; immediate safety of human life and im- (2) The 1.25 m, 70 cm and 23 cm bands; mediate protection of property when and normal communication systems are (3) The channels at 3.997 MHz and not available. 53.30 MHz may be used in emergency § 97.405 Station in distress. areas when required to make initial contact with a military unit and for (a) No provision of these rules pre- communications with military stations vents the use by an amateur station in on matters requiring coordination. distress of any means at its disposal to (c) A RACES station may only com- attract attention, make known its con- municate with: dition and location, and obtain assist- (1) Another RACES station; ance. (b) No provision of these rules pre- (2) An amateur station registered vents the use by a station, in the ex- with a civil defense organization; ceptional circumstances described in (3) A United States Government sta- paragraph (a) of this section, of any tion authorized by the responsible means of radiocommunications at its agency to communicate with RACES disposal to assist a station in distress. stations; (4) A station in a service regulated by § 97.407 Radio amateur civil emer- the FCC whenever such communication gency service. is authorized by the FCC. (a) No station may transmit in (d) An amateur station registered RACES unless it is an FCC-licensed with a civil defense organization may primary, club, or military recreation only communicate with: station and it is certified by a civil de- (1) A RACES station licensed to the fense organization as registered with civil defense organization with which that organization, or it is an FCC-li- the amateur station is registered; censed RACES station. No person may (2) The following stations upon au- be the control operator of a RACES thorization of the responsible civil de- station, or may be the control operator fense official for the organization with of an amateur station transmitting in which the amateur station is reg- RACES unless that person holds a FCC- istered:

696

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00696 Fmt 8010 Sfmt 8010 E:\CFR\167186.075 167186 Federal Communications Commission § 97.503

(i) A RACES station licensed to an- Subpart F—Qualifying Examination other civil defense organization; Systems (ii) An amateur station registered with the same or another civil defense § 97.501 Qualifying for an amateur op- organization; erator license. (iii) A United States Government sta- Each applicant for the grant of a new tion authorized by the responsible amateur operator license or for the agency to communicate with RACES grant of a modified license to show a stations; and higher operator class, must pass or (iv) A station in a service regulated otherwise receive credit for the exam- by the FCC whenever such communica- ination elements specified for the class tion is authorized by the FCC. of operator license sought: (e) All communications transmitted (a) Amateur Extra Class operator: in RACES must be specifically author- Elements 1(C), 2, 3(A), 3(B), 4(A), and ized by the civil defense organization 4(B); for the area served. Only civil defense (b) Advanced Class operator: Ele- communications of the following types ments 1(B) or 1(C), 2, 3(A), 3(B), and may be transmitted: 4(A); (1) Messages concerning impending or (c) General Class operator: Elements actual conditions jeopardizing the pub- 1(B) or 1(C), 2, 3(A), and 3(B); lic safety, or affecting the national de- (d) Technician Plus Class operator: fense or security during periods of Elements 1(A) or 1(B) or 1(C), 2, and local, regional, or national civil emer- 3(A). gencies; (e) Technician Class operator: Ele- (2) Messages directly concerning the ments 2 and 3(A). immediate safety of life of individuals, (f) Novice Class operator: Elements the immediate protection of property, 1(A) or 1(B) or 1(C), and 2. maintenance of law and order, allevi- [54 FR 25857, June 20, 1989, as amended at 59 ation of human suffering and need, and FR 54834, Nov. 2, 1994] the combating of armed attack or sabo- tage; § 97.503 Element standards. (3) Messages directly concerning the (a) A telegraphy examination must accumulation and dissemination of be sufficient to prove that the exam- public information or instructions to inee has the ability to send correctly the civilian population essential to the by hand and to receive correctly by ear activities of the civil defense organiza- texts in the international Morse code tion or other authorized governmental at not less than the prescribed speed, or relief agencies; and using all the letters of the alphabet, (4) Communications for RACES numerals 0–9, period, , question training drills and tests necessary to mark, slant mark and prosigns ar, bt, ensure the establishment and mainte- and sk. nance of orderly and efficient oper- (1) Element 1(A): 5 words per minute; ation of the RACES as ordered by the (2) Element 1(B): 13 words per responsible civil defense organization minute; served. Such drills and tests may not (3) Element 1(C): 20 words per minute. exceed a total time of 1 hour per week. (b) A written examination must be With the approval of the chief officer such as to prove that the examinee pos- for emergency planning in the applica- sesses the operational and technical ble State, Commonwealth, District or qualifications required to perform territory, however, such tests and properly the duties of an amateur serv- drills may be conducted for a period ice licensee. Each written examination not to exceed 72 hours no more than must be comprised of a question set as twice in any calendar year. follows:

697

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00697 Fmt 8010 Sfmt 8010 E:\CFR\167186.075 167186 § 97.505 47 CFR Ch. I (10–1–96 Edition)

(1) Element 2: 35 questions concern- (4) Element 4(A): 50 questions con- ing the privileges of a Novice Class op- cerning the additional privileges of an erator license. The minimum passing Advanced Class operator license. The score is 26 questions answered cor- minimum passing score is 37 questions rectly. answered correctly. (2) Element 3(A): 30 questions con- (5) Element 4(B): 40 questions con- cerning the privileges of a Technician cerning the additional privileges of an Class operator license. The minimum Amateur Extra Class operator license. passing score is 22 questions answered The minimum passing score is 30 ques- correctly. tions answered correctly. (3) Element 3(B): 30 questions con- cerning the privileges of a General (c) The topics and number of ques- Class operator license. The minimum tions required in each question set are passing score is 22 questions answered listed below for the appropriate exam- correctly. ination element:

Element: Topics 2 3(A) 3(B) 4(A) 4(B)

(1) FCC rules for the amateur radio services ...... 10 5 4 6 8 (2) Amateur station operating procedures ...... 2 3 3 1 4 (3) Radio wave propagation characteristics of amateur service fre- quency bands ...... 1 3 3 2 2 (4) Amateur radio practices ...... 4 4 5 4 4 (5) Electrical principles as applied to amateur station equipment .... 4 2 2 10 6 (6) Amateur station equipment circuit components ...... 2 2 1 6 4 (7) Practical circuits employed in amateur station equipment ...... 2 1 1 10 4 (8) Signals and emissions transmitted by amateur stations ...... 2 2 2 6 4 (9) Amateur station antennas and feed lines ...... 3 3 4 5 4 (10) Radiofrequency environmental safety practices at an amateur station ...... 5 5 5 0 0

[54 FR 25857, June 20, 1989, as amended at 61 (5) An unexpired (or expired but with- FR 41019, Aug. 7, 1996] in the grace period for renewal) FCC- granted Novice Class operator license § 97.505 Element credit. document: Elements 1(A) and 2. (a) The administering VEs must give (6) A CSCE: Each element the CSCE credit as specified below to an exam- indicates the examinee passed within inee holding any of the following docu- the previous 365 days. ments: (7) An unexpired (or expired for less (1) An unexpired (or expired but with- than 5 years) FCC-issued commercial in the grace period for renewal) FCC- radiotelegraph operator license docu- granted Advanced Class operator li- ment or permit: Element 1(C). cense document: Elements 1(B), 2, 3(A), (8) An expired or unexpired FCC-is- 3(B), and 4(A). sued Technician Class operator license (2) An unexpired (or expired but with- document granted before March 21, in the grace period for renewal) FCC- 1987: Element 3(B). granted General Class operator license document: Elements 1(b), 2, 3(A), and (9) An expired or unexpired FCC-is- 3(B). sued Technician Class license docu- (3) An unexpired (or expired but with- ment granted before February 14, 1991: in the grace period for renewal) FCC- Element 1(A). granted Technician Plus Class operator (10) An unexpired (or expired but (including a Technician Class operator within the grace period for renewal), license granted before February 14, FCC-granted Novice, Technician Plus 1991) license document: Elements 1(A), (including a Technician Class operator 2, and 3(A). license granted before February 14, (4) An unexpired (or expired but with- 1991), General, or Advanced Class oper- in the grace period for renewal) FCC- ator license document, and an FCC granted Technician Class operator li- Form 610 containing: cense document: Elements 2 and 3(A).

698

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00698 Fmt 8010 Sfmt 8010 E:\CFR\167186.075 167186 Federal Communications Commission § 97.509

(i) A physician’s certification stating and prosign must be counted as 2 let- that because the person is an individ- ters of the alphabet. ual with a severe handicap, the dura- [54 FR 25857, June 20, 1989, as amended at 58 tion of which will extend for more than FR 29126, May 19, 1993; 59 FR 54834, Nov. 2, 365 days beyond the date of the certifi- 1994] cation, the person is unable to pass a 13 or 20 words per minute telegraphy ex- § 97.509 Administering VE require- amination; and ments. (ii) A release signed by the person (a) Each examination for an amateur permitting the disclosure to the FCC of operator license must be administered medical information pertaining to the by 3 administering VEs at an examina- person’s handicap: Element 1(C). tion session coordinated by a VEC. Be- (b) No examination credit, except as fore the session, the administering VEs herein provided, shall be allowed on the must make a public announcement basis of holding or having held any stating the location and time of the other license grant or document. session. The number of examinees at the session may be limited. [59 FR 54834, Nov. 2, 1994] (b) Each administering VE must: § 97.507 Preparing an examination. (1) Be accredited by the coordinating VEC; (a) Each telegraphy message and (2) Be at least 18 years of age; each written question set administered (3) Be a person who has been granted to an examinee must be prepared by a an FCC amateur operator license docu- VE who has been granted an Amateur ment of the class specified below: Extra Class operator license. A teleg- (i) Amateur Extra, Advanced, or Gen- raphy message or written question set, eral Class in order to administer a Nov- however, may also be prepared for the ice, Technician, or Technician Plus following elements by a VE who has Class operator license examination; been granted an FCC operator license (ii) Amateur Extra Class in order to of the class indicated: administer a General, Advanced, or (1) Element 3(B): Advanced Class op- Amateur Extra Class operator license erator. examination. (2) Elements 1(A) and 3(A): Advanced (4) Not be a person whose grant of an or General Class operator. amateur station license or amateur op- (3) Element 2: Advanced, General, erator license has ever been revoked or Technician, or Technician Plus Class suspended. operator. (c) Each administering VE must be (b) Each question set administered to present and observing the examinee an examinee must utilize questions throughout the entire examination. taken from the applicable question The administering VEs are responsible pool. for the proper conduct and necessary (c) Each telegraphy message and each supervision of each examination. The written question set administered to administering VEs must immediately an examinee for an amateur operator terminate the examination upon fail- license must be prepared, or obtained ure of the examinee to comply with from a supplier, by the administering their instructions. VEs according to instructions from the (d) No VE may administer an exam- coordinating VEC. ination to his or her spouse, children, (d) A telegraphy examination must grandchildren, stepchildren, parents, consist of a message sent in the inter- grandparents, stepparents, brothers, national Morse code at no less than the sisters, stepbrothers, stepsisters, aunts, prescribed speed for a minimum of 5 uncles, nieces, nephews, and in-laws. minutes. The message must contain (e) No VE may administer or certify each required telegraphy character at any examination by fraudulent means least once. No message known to the or for monetary or other consideration examinee may be administered in a te- including reimbursement in any legraphy examination. Each 5 letters of amount in excess of that permitted. the alphabet must be counted as 1 Violation of this provision may result word. Each numeral, punctuation mark in the revocation of the grant of the

699

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00699 Fmt 8010 Sfmt 8010 E:\CFR\167186.075 167186 § 97.511 47 CFR Ch. I (10–1–96 Edition)

VE’s amateur station license and the § 97.511 Examinee conduct. suspension of the grant of the VE’s Each examinee must comply with the amateur operator license. instructions given by the administer- (f) No examination that has been ing VEs. compromised shall be administered to any examinee. Neither the same teleg- [59 FR 54835, Nov. 2, 1994] raphy message nor the same question § 97.513–97.517 [Reserved] set may be re-administered to the same examinee. § 97.519 Coordinating examination ses- (g) Passing a telegraphy receiving ex- sions. amination is adequate proof of an (a) A VEC must coordinate the ef- examinee’s ability to both send and re- forts of VEs in preparing and admin- ceive telegraphy. The administering istering examinations. VEs, however, may also include a send- (b) At the completion of each exam- ing segment in a telegraphy examina- ination session, the coordinating VEC tion. must collect the FCC Forms 610 docu- (h) Upon completion of each exam- ments and test results from the admin- ination element, the administering istering VEs. Within 10 days of collect- VEs must immediately grade the ing the FCC Forms 610 documents, the examinee’s answers. The administering coordinating VEC must screen and, for VEs are responsible for determining qualified examinees, forward electroni- the correctness of the examinee’s an- cally or on diskette the data contained swers. on the FCC Forms 610 documents, or forward the FCC Form 610 documents, (i) When the examinee is credited for to: FCC, 1270 Fairfield Road, Gettys- all examination elements required for burg, PA 17325–7245. When the data is the operator license sought, the admin- forwarded electronically, the coordi- istering VEs must certify on the nating VEC must retain the FCC examinee’s application document that Forms 610 documents for at least fif- the applicant is qualified for the li- teen months and make them available cense. to the FCC upon request. (j) When the examinee does not score (c) Each VEC must make any exam- a passing grade on an examination ele- ination records available to the FCC, ment, the administering VEs must re- upon request turn the application document to the (d) The FCC may: examinee and inform the examinee of (1) Administer any examination ele- the grade. ment itself; (k) The administering VEs must ac- (2) Readminister any examination commodate an examinee whose phys- element previously administered by ical disabilities require a special exam- VEs, either itself or under the super- ination procedure. The administering vision of a VEC or VEs designated by VEs may require a physician’s certifi- the FCC; or cation indicating the nature of the dis- (3) Cancel the operator/primary sta- ability before determining which, if tion license of any licensee who fails to any, special procedures must be used. appear for readministration of an ex- amination when directed by the FCC, (l) The administering VEs must issue or who does not successfully complete a CSCE to an examinee who scores a any required element that is re- passsing grade on an examination ele- administered. In an instancce of such ment. cancellation, the person will be granted (m) Within 10 days of the administra- an operator/primary station license tion of a successful examination for an consistent with completed examination amateur operator license, the admin- elements that have not been invali- istering VEs must submit the applica- dated by not appearing for, or by fail- tion document to the coordinating ing, the examination upon readminis- VEC. tration. [59 FR 54834, Nov. 2, 1994, as amended at 61 [54 FR 25857, June 20, 1989, as amended at 59 FR 9953, Mar. 12, 1996] FR 54835, Nov. 2, 1994]

700

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00700 Fmt 8010 Sfmt 8010 E:\CFR\167186.075 167186 Federal Communications Commission Pt. 97, App. 2

§ 97.521 VEC qualifications. (b) Each VEC must seek a broad rep- resentation of amateur operators to be No organization may serve as a VEC VEs. No VEC may discriminate in ac- unless it has entered into a written crediting VEs on the basis of race, sex, agreement with the FCC. The VEC religion or national origin; nor on the must abide by the terms of the agree- basis of membership (or lack thereof) ment. In order to be eligible to be a in an amateur service organization; nor VEC, the entity must: on the basis of the person accepting or (a) Be an organization that exists for declining to accept reimbursement. the purpose of furthering the amateur service; § 97.527 Reimbursement for expenses. (b) Be capable of serving as a VEC in (a) VEs and VECs may be reimbursed at least the VEC region (see appendix by examinees for out-of-pocket ex- 2) proposed; penses incurred in preparing, process- (c) Agree to coordinate examinations ing, administering, or coordinating an for any class of amateur operator li- examination for an amateur operator cense; license. (d) Agree to assure that, for any ex- (b) The maximum amount of reim- amination, every examinee qualified bursement from any one examinee for under these rules is registered without any one examination at a particular regard to race, sex, religion, national session regardless of the number of ex- origin or membership (or lack thereof) amination elements taken must not ex- in any amateur service organization; ceed that announced by the FCC in a [54 FR 25857, June 20, 1989, as amended at 58 Public Notice. (The basis for the maxi- FR 29127, May 19, 1993; 61 FR 9953, Mar. 12, mum fee is $4.00 for 1984, adjusted an- 1996] nually each January 1 thereafter for changes in the Department of Labor § 97.523 Question pools. Consumer Price Index.) All VECs must cooperate in main- [54 FR 25857, June 20, 1989, as amended at 58 taining one question pool for each writ- FR 29127, May 19, 1993; 61 FR 9953, Mar. 12, ten examination element. Each ques- 1996] tion pool must contain at least 10 times the number of questions required APPENDIX 1 TO PART 97—PLACES WHERE for a single examination. Each ques- THE AMATEUR SERVICE IS REGULATED tion pool must be published and made BY THE FCC available to the public prior to its use In ITU Region 2, the amateur service is for making a question set. Each ques- regulated by the FCC within the territorial tion on each VEC question pool must limits of the 50 United States, District of Co- be prepared by a VE holding the re- lumbia, Caribbean Insular areas [Common- quired FCC-issued operator license. See wealth of Puerto Rico, United States Virgin § 97.507(a) of this part. Islands (50 islets and cays) and Navassa Is- land], and Johnston Island (Islets East, § 97.525 Accrediting VEs. Johnston, North and Sand) and Midway Is- land (Islets Eastern and Sand) in the Pacific (a) No VEC may accredit a person as Insular areas. a VE if: In ITU Region 3, the amateur service is (1) The person does not meet mini- regulated by the FCC within the Pacific In- mum VE statutory qualifications or sular territorial limits of American Samoa minimum qualifications as prescribed (seven islands), Baker Island, Common- by this part; wealth of Northern Mariana Islands, Guam (2) The FCC does not accept the vol- Island, Howland Island, Jarvis Island, King- man Reef, Palmyra Island (more than 50 is- untary and uncompensated services of lets) and Wake Island (Islets Peale, Wake the person; and Wilkes). (3) The VEC determines that the per- son is not competent to perform the APPENDIX 2 TO PART 97—VEC REGIONS VE functions; or 1. Connecticut, Maine, Massachusetts, New (4) The VEC determines that ques- Hampshire, Rhode Island and Vermont. tions of the person’s integrity or hon- 2. New Jersey and New York. esty could compromise the examina- 3. Delaware, District of Columbia, Maryland tions. and Pennsylvania.

701

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00701 Fmt 8010 Sfmt 8010 E:\CFR\167186.075 167186 § 100.1 47 CFR Ch. I (10–1–96 Edition)

4. Alabama, Florida, Georgia, Kentucky, Subpart A—General Information North Carolina, South Carolina, Tennessee and Virginia. § 100.1 Basis and purpose. 5. Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Texas. (a) The rules following in this part 6. California. are promulgated pursuant to the provi- 7. Arizona, Idaho, Montana, Nevada, Oregon, sions of Title III of the Communica- Utah, Washington and Wyoming. tions Act of 1934, as amended, which 8. Michigan, Ohio and West Virginia. vests authority in the Federal Commu- 9. Illinois, Indiana and Wisconsin. nications Commission to regulate radio 10. Colorado, Iowa, Kansas, Minnesota, Mis- souri, Nebraska, North Dakota and South transmissions and to issue licenses for Dakota. radio stations. 11. Alaska. (b) The purpose of this part is to pre- 12. Caribbean Insular areas. scribe the manner in which parts of the 13. Hawaii and Pacific Insular areas. radio frequency spectrum may be made available for the development of in- PART 100—DIRECT BROADCAST terim direct broadcast satellite serv- SATELLITE SERVICE ice. Interim direct broadcast satellite systems shall be granted licenses pur- Subpart A—General Information suant to these interim rules during the period prior to the adoption of perma- Sec. nent rules. The Direct Broadcast Sat- 100.1 Basis and purpose. ellite Service shall operate in the fre- 100.3 Definitions. quency band 12.2–12.7 GHz.

Subpart B—Administrative Procedures § 100.3 Definitions. 100.11 Eligibility. Direct Broadcast Satellite Service. A 100.13 Application requirements. radiocommunication service in which 100.15 Licensing procedures. signals transmitted or retransmitted 100.17 License term. by space stations are intended for di- 100.19 Due diligence requirements. rect reception by the general public. In Subpart C—Technical Requirements the Direct Broadcast Satellite Service the term direct reception shall encom- 100.21 Technical requirements. pass both individual reception and community reception. Subpart D—Operating Requirements 100.51 Equal employment opportunities. Subpart B—Administrative 100.53 Geographic service requirements. Procedures Subpart E—Competitive Bidding § 100.11 Eligibility. Procedures for DBS An authorization for operation of a 100.71 DBS subject to competitive bidding. station in the Direct Broadcast Sat- 100.72 Competitive bidding design for DBS ellite Service shall not be granted to or construction permits. held by: 100.73 Competitive bidding mechanisms. (a) Any alien or the representative of 100.74 Withdrawal, default and disqualifica- any alien; tion payments. 100.75 Bidding application (FCC Form 175 (b) Any foreign government or the and 175–S Short-form). representative thereof; 100.76 Submission of upfront payments and (c) Any corporation organized under down payments. the laws of any foreign government; 100.77 Long-form applications. (d) Any corporation of which any of- 100.78 Permit grant, denial, default, and dis- ficer or director is an alien; qualification. (e) Any corporation of which more 100.79 Prohibition of collusion. than one-fifth of the capital stock is 100.80 Transfer disclosure. owned of record or voted by aliens or AUTHORITY: 47 U.S.C. 154, 303, 309, and 554, their representatives or by a foreign unless otherwise noted. government or representative thereof, SOURCE: 47 FR 31574, July 21, 1982, unless or by any corporation organized under otherwise noted. the laws of a foreign country;

702

VerDate 10-JAN-97 14:07 Jan 17, 1997 Jkt 167186 PO 00000 Frm 00702 Fmt 8010 Sfmt 8010 E:\CFR\167186.076 167186