Ham Radio 2000/Ham Radio 2000.iso/ham2000/misc/fcc_pt97/part97_3.txt

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From: "Art Morrison" <[e-mail]>
Newsgroups: rec.radio.amateur.policy
Subject: FCC Part 97 Full Text (3/3)
Date: Mon, 20 Dec 93 09:18:56 -0500
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Attached is the third part of the Commission's Rules for Amateur Radio.
It is ascii text, updated through November 8, 1993.



        97.309 RTTY and data emission codes. - (a) Where authorized by
97.305(c) and 97.307(f) of this part, an amateur station may transmit a
RTTY or data emission using the following specified digital codes:

               (1)     The 5-unit, start-stop, International Telegraph
Alphabet No. 2 code, defined in International Telegraph and Telephone
Consultative Committee Recommendation F.1, Division C (commonly known as
Baudot).

               (2)     The 7-unit code specified in International Radio
Consultative Committee Recommendation CCIR 476-2 (1978), 476-3 (1982),
476-4 (1986) or 625 (1986) (commonly known as AMTOR).

               (3)     The 7-unit code defined in American National
Standards Institute X3.4-1977 or International Alphabet No. 5 defined in
International Telegraph and Telephone Consultative Committee
Recommendation T.50 or in International Organization for Standardization,
International Standard ISO 646 (1983), and extensions as provided for in
CCITT Recommendation T.61 (Malaga-Torremolinos, 1984) (commonly known as
ASCII).

          (b)     Where authorized by 97.305(c) and 97.307(f) of this
part, a station may transmit a RTTY or data emission using an unspecified
digital code, except to a station in a country with which the United
States does not have an agreement permitting the code to be used.  RTTY
and data emissions using unspecified digital codes must not be transmitted
for the purpose of obscuring the meaning of any communication. When deemed
necessary by an EIC to assure compliance with the FCC Rules, a station
must:

               (1)  Cease the transmission using the unspecified digital
code;

               (2)  Restrict transmissions of any digital code to the
extent instructed;

               (3)     Maintain a record, convertible to the original
information, of all digital communications transmitted.


        97.311 SS emission types. - (a) SS emission transmissions by an
amateur station are authorized only for communications between points
within areas where the amateur service is regulated by the FCC.  SS
emission transmissions must not be used for the purpose of obscuring the
meaning of any communication.

          (b)     Stations transmitting SS emission must not cause harmful
interference to stations employing other authorized emissions, and must
accept all interference caused by stations employing other authorized
emissions.  For the purposes of this paragraph, unintended triggering of
carrier operated repeaters is not considered to be harmful interference.

          (c)     Only the following types of SS emission transmissions
are authorized (hybrid SS emissions transmissions involving both
spreading techniques are prohibited):

               (1)     Frequency hopping where the carrier of the
transmitted signal is modulated with unciphered information and changes
frequency at fixed intervals under the direction of a high speed code
sequence.

               (2)     Direct sequence where the information is modulo-2
added to a high speed code sequence.  The combined information and code
are then used to modulate the RF carrier.  The high speed code sequence
dominates the modulation function, and is the direct cause of the wide
spreading of the transmitted signal.

          (d)     The only spreading sequences that are authorized are
from the output of one binary linear feedback shift register (which may be
implemented in hardware or software).


               (1) Only the following sets of connections may be used:

                Number of stages              Taps used in
                in shift register             feedback

                      7                        7, 1
                     13                        13, 4, 3 and 1
                     19                        19, 5, 2 and 1

               (2)     The shift register must not be reset other than by
its feedback during an individual transmission.  The shift register output
sequence must be used without alteration.

               (3)     The output of the last stage of the binary linear
feedback shift register must be used as follows:

                 (i)     For frequency hopping transmissions using x
frequencies, n consecutive bits from the shift register must be used to
select the next frequency from a list of frequencies sorted in ascending
order.  Each consecutive frequency must be selected by a consecutive block
of n bits. (Where n is the smallest integer greater than log(2) x.)

                 (ii)     For direct sequence transmissions using m-ary
modulation, consecutive blocks of log,, m bits from the shift register
must be used to select the transmitted signal during each interval.

          (e)     The station records must document all SS emission
transmissions and must be retained for a period of 1 year following the
last entry.  The station records must include sufficient information to
enable the FCC, using the information contained therein, to demodulate all
transmissions.  The station records must contain at least the following:

               (1)     A technical description of the transmitted signal;

               (2)     Pertinent parameters describing the transmitted
signal including the frequency or frequencies of operation and, where
applicable, the chip rate, the code rate, the spreading function, the
transmission protocol(s) including the method of achieving
synchronization, and the modulation type;

               (3)     A general description of the type of information
being conveyed, (voice, text, memory dump, facsimile, television, etc.);

               (4)     The method and, if applicable, the frequency or
frequencies used for station identification; and

               (5)     The date of beginning and the date of ending use of
each type of transmitted signal.

          (f)     When deemed necessary by an EIC to assure compliance
with this part, a station licensee must:

               (1)  Cease SS emission transmissions;

               (2)  Restrict SS emission transmissions to the extent
instructed; and

               (3)     Maintain a record, convertible to the original
information (voice, text, image, etc.) of all spread spectrum
communications transmitted.

          (g) The transmitter power must not exceed 100 W.

        97.313 Transmitter power standards. - (a) An amateur station must
use the minimum transmitter power necessary to carry out the desired
communications.

           (b)  No station may transmit with a transmitter power exceeding
1.5 kW PEP.

           (c)  No station may transmit with a transmitter power exceeding
200, W PEP on:

                (1) The 3.675-3.725 MHz, 7.10-7.15 MHz, 10.10-10.15 MHz
and 21.1-21.2  MHz  segment;

              (2) The 28.1-28.5 MHz segment when the control operator is a
Novice or Technician operator; or

               (3)     The 7.050-7.075 MHz segment when the station is
within ITU Regions 1 or 3.

          (d)     No station may transmit with a transmitter power
exceeding 25 W PEP on the VHF 1.25 m band when the control operator is a
Novice operator.

          (e)     No station may transmit with a transmitter power
exceeding 5 W PEP on the UHF 23 cm band when the control operator is a
Novice operator.

          (f)     No station may transmit with a transmitter power
exceeding 50 W PEP on the UHF 70 cm band from an area specified in
footnote US 7 to 2.106 of the FCC Rules, unless expressly authorized by
the FCC after mutual agreement, on a case-by-case basis, between the EIC
of the applicable field facility and the military area frequency
coordinator at the applicable military base.  An Earth station or
telecommand station, however, may transmit on the 435-438 MHz segment with
a maximum of 611 W effective radiated power (1 kW equivalent isotropically
radiated power) without the authorization otherwise required.  The
transmitting antenna elevation angle between the lower half-power (-3 dB
relative to the peak or antenna bore sight) point and the horizon must
always be greater than 100.

          (g)     No station may transmit with a transmitter power
exceeding 50 W PEP on the 33 cm band from within 241 Km of the boundaries
of the White Sands Missile Range.  Its boundaries are those portions of
Texas and New Mexico bounded on the south by latitude 310 411 North, on
the east by longitude 1040 111 West, on the north by latitude 340 301
North, and on the west by longitude 1070 301 West.

        97.315 Type acceptance of external RF power amplifiers. - (a) No
more than 1 unit of 1 model of an external RF power amplifier capable of
operation below 144 MHz may be constructed or modified during any
calendar year by an amateur operator for use at a station without a grant
of type acceptance. No amplifier capable of operation below 144 MHz may be
constructed or modified by a non-amateur operator without a grant of type
acceptance from the FCC.

          (b)     Any external RF power amplifier or external RF power
amplifier kit (see 2.815 of the FCC Rules), manufactured, imported or
modified for use in a station or attached at any station must be type
accepted for use in the amateur service in accordance with Subpart J of
Part 2 of the FCC Rules.  This requirement does not apply if one or more
of the following conditions are met:

               (1)     The amplifier is not capable of operation on
frequencies below 144 MHz.  For the purpose of this part, an amplifier
will be deemed to be incapable of operation below 144 MHz if it is not
capable of being easily modified to increase its amplification
characteristics below 120 MHz and either:

                 (i)     The mean output power of the amplifier decreases,
as frequency decreases from 144 MHz, to a point where 0 dB or less gain is
exhibited at 120 MHz; or

                 (ii)     The amplifier is not capable of amplifying
signals below 120 MHz even for brief periods without sustaining permanent
damage to its amplification circuitry.

               (2)     The amplifier was manufactured before April 28,
1978, and has been issued a marketing waiver by the FCC, or the amplifier
was purchased before April 28, 1979, by an amateur operator for use at
that amateur operator's station.

               (3)  The amplifier was:

                 (i)     Constructed by the licensee, not from an external
RF power amplifier kit, for use at the licensee's station; or

                 (ii)      Modified by the licensee for use at the
licensee's station.

               (4)     The amplifier is sold by an amateur operator to
another amateur operator or to a dealer.

               (5)     The amplifier is purchased in used condition by an
equipment dealer from an amateur operator and the amplifier is further
sold to another amateur operator for use at that operator's station.

          (c)     A list of type accepted equipment may be inspected at
FCC headquarters in Washington, DC, or at any FCC field location.  Any
external RF power amplifier appearing on this list as type accepted for
use in the amateur service may be marketed for use in the amateur service.

        97.317 Standards for type acceptance of external RF power
amplifiers. - (a) To receive a grant of type acceptance, the amplifier
must satisfy the spurious emission standards of 97.307(d) or (e) of this
part, as applicable, when the amplifier is:

               (1)  Operated at its full output power;

               (2)  Placed in the "standby" or "off" positions, but still
connected to the transmitter; and

               (3)     Driven with at least 50 W mean RF input power
(unless higher drive level is specified).

          (b)     To receive a grant of type acceptance, the amplifier
must not be capable of operation on any frequency or frequencies between
24 MHz and 35 MHz.  The amplifier will be deemed incapable of such
operation if it:

               (1)     Exhibits no more than 6 dB gain between 24 MHz and
26 MHz and between 28 MHz and 35 MHz. (This gain will be determined by the
ratio of the input RF driving signal (mean power measurement) to the mean
RF output power of the amplifier); and

               (2)     Exhibits no amplification (O dB gain) between 26
MHz and 28 MHz.

          (c)     Type acceptance may be denied when denial would prevent
the use of these amplifiers in services other than the amateur service.
The following features will result in dismissal or denial of an
application for type acceptance:

               (1)     Any accessible wiring which, when altered, would
permit operation of the amplifier in a manner contrary to the FCC Rules;

               (2)     Circuit boards or similar circuitry to facilitate
the addition of components to change the amplifier's operating
characteristics in a manner contrary to the FCC Rules;

               (3)     Instructions for operation or modification of the
amplifier in a manner contrary to FCC Rules;

               (4)     Any internal or external controls or adjustments to
facilitate operation of the amplifier in a manner contrary to the FCC
Rules;

               (5)     Any internal RF sensing circuitry or any external
switch, the purpose of which is to place the amplifier in the transmit
mode;

               (6)     The incorporation of more gain in the amplifier
than is necessary to operate in the amateur service; for purposes of
this paragraph, the amplifier must:

                 (i)     Not be capable of achieving designed output power
when driven with less than 40 W mean RF input power;

                 (ii)     Not be capable of amplifying the input RF
driving signal by more than 15 dB, unless the amplifier has a designed
transmitter power of less than 1.5 kW (in such a case, gain must be
reduced by the same number of dB as the transmitter power relationship to
1.5 kW.  This gain limitation is determined by the ratio of the input RF
driving signal to the RF output power of the amplifier where both signals
are expressed in peak envelope power or mean power);

                 (iii)     Not exhibit more gain than permitted by
paragraph (c) (6) (ii) of this section when driven by an RF input signal
of less than 50 W mean power; and

                 (iv)      Be capable of sustained operation at its
designed power level;

               (7)     Any attenuation in the input of the amplifier which
when removed or modified,  would permit the amplifier to function at its
designed transmitter power when   driven by an RF frequency input signal
of less than 50 W mean power; or

               (8)     Any other features designed to facilitate operation
in a telecommunication service other than the Amateur Radio Services, such
as the Citizens Band (CB) Radio Service.

             Subpart E - Providing Emergency Communications

        97.401 Operation during a disaster. - (a) When normal communi-
cation systems are overloaded, damaged or disrupted because a disaster has
occurred, or is likely to occur, in an area where the amateur service is
regulated by the FCC, an amateur station may make transmissions necessary
to meet essential communication needs and facilitate relief actions.

          (b)     When normal communication systems are overloaded,
damaged or disrupted because a natural disaster has occurred, or is likely
to occur, in an area where the amateur service is not regulated by the
FCC, a station assisting in meeting essential communication needs and
facilitating relief actions may do so only in accord with ITU Resolution
No. 640 (Geneva, 1979).  The 80 m, 75 m, 40 m, 30 M, 20 m, 17 M, 15 m, 12
m, and 2 m bands may be used for these purposes.

          (c) When a disaster disrupts normal communication systems in a
particular area, the FCC may declare a temporary state of communication
emergency. The declaration will set forth any special conditions and
special rules to be observed by stations during the communication
emergency.  A request for a declaration of a temporary state of emergency
should be directed to the EIC in the area concerned.

          (d)     A station in, or within 92.6 km of, Alaska may transmit
emissions J3E and R3E on the channel at 5.1675 MHz for emergency
communications. The channel must be shared with stations licensed in the
Alaska-private fixed service.  The transmitter power must not exceed 150 W.

        97.403 Safety of life and protection of property. - No provision
of these rules prevents the use by an amateur station of any means of
radiocommunication at its disposal to provide essential communication
needs in connection with the immediate safety of human life and immediate
protection of property when normal communication systems are not
available.

        97.405 Station in distress. - (a) No provision of these rules
prevents the use by an amateur station in distress of any means at its
disposal to attract attention, make known its condition and location, and
obtain assistance.

          (b)     No provision of these rules prevents the use by a
station, in the exceptional circumstances described in paragraph (a) of
this section, of any means of radiocommunications at its disposal to
assist a station in distress.

        97.407 Radio amateur civil emergency service. - (a) No station may
transmit in RACES unless it is an FCC-licensed primary, club, or military
recreation station and it is certified by a civil defense organization as
registered with that organization, or it is an FCC-licensed RACES station.
No person may be the control operator of a RACES station, or may be the
control operator of an amateur station transmitting in RACES unless that
person holds a FCC-issued amateur operator license and is certified by a
civil defense organization as enrolled in that organization.

          (b)     The frequency bands and segments and emissions
authorized to the control operator are available to stations transmitting
communications in RACES on a shared basis with the amateur service.  In
the event of an emergency which necessitates the invoking of the
President's War Emergency Powers under the provisions of Section 706 of
the Communications Act of 1934, as amended, 47 USC 606, RACES stations and
amateur stations participating in RACES may only transmit on the following
frequencies:

               (1)     The 1800-1825 kHz, 1975-2000 kHz, 3.50-3.55 MHz,
3.93-3.98 MHz, 3.984-4.000 MHz, 7.079-7.125 MHz, 7.245-7.255 MHz,
10.10-10.15 MHz, 14.047-14.053 MHz, 14.22-14.23 MHz, 14.331-14.350 MHz,
21.047-21.053 MHz, 21.228-21.267 MHz, 28.55-28.75 MHz, 29.237-29.273 MHz,
29.45-29.65 MHz, 50.35-50.75 MHz, 52-54 MHz, 144.50-145.71 MHz, 146-148
MHz, 2390-2450 MHz segments;

               (2)  The 1.25 m, 70 cm and 23 cm bands; and

               (3)  The channels at 3.997 MHz and 53.30 MHz may be used in
emergency areas when required to make initial contact with a military unit
and for communications with military stations on matters requiring
coordination.

          (c) A RACES station may only communicate with:

               (1)  Another RACES station;

               (2)  An amateur station registered with a civil defense
organization;

               (3)     A United States Government station authorized by
the responsible agency to communicate with RACES stations;

               (4)     A station in a service regulated by the FCC
whenever such communication is authorized by the FCC.

          (d)     An amateur station registered with a civil defense
organization may only communicate with:

               (1)     A RACES station licensed to the civil defense
organization with which the amateur station is registered;

               (2)     The following stations upon authorization of the
responsible civil defense official for the organization with which the
amateur station is registered:

                 (i)     A RACES station licensed to another civil defense
organization;

                 (ii)     An amateur station registered with the same or
another civil defense organization;

                 (iii)    A United States Government station authorized by
the responsible agency to communicate with RACES stations; and

                 (iv)     A station in a service regulated by the FCC
whenever such communication is authorized by the FCC.

          (e)     All communications transmitted in RACES must be
specifically authorized by the civil defense organization for the area
served.  Only civil defense communications of the following types may be
transmitted:

               (1)     Messages concerning impending or actual conditions
jeopardizing the public safety, or affecting the national defense or
security during periods of local, regional, or national civil emergencies;

               (2)     Messages directly concerning the immediate safety
of life of individuals, the immediate protection of property, maintenance
of law and order, alleviation of human suffering and need, and the
combating of armed attack or sabotage;

               (3)     Messages directly concerning the accumulation and
dissemination of public information or instructions to the civilian
population essential to the activities of the civil defense organization
or other authorized governmental or relief agencies; and

               (4)     Communications for RACES training drills and tests
necessary to ensure the establishment and maintenance of orderly and
efficient operation of the RACES as ordered by the responsible civil
defense organization served.  Such drills and tests may not exceed a total
time of 1 hour per week. With the approval of the chief officer for
emergency planning in the applicable State, Commonwealth, District or
territory, however, such tests and drills may be conducted for a period
not to exceed 72 hours no more than twice in any calendar year.


            Subpart F - Qualifying Examination Systems

        97.501 Qualifying for an amateur operator license. - An applicant
must pass an examination for the issuance of a new amateur operator
license and for each change in operator class.  Each applicant for the
class of operator license specified below must pass, or otherwise
receive examination credit for, the following examination elements:

          (a)     Amateur Extra Class operator: Elements 1(C), 2, 3(A),
3(B), 4(A) and 4(B);

          (b)     Advanced Class operator: Elements 1(B) or 1(C), 2, 3(A),
3(B) and 4(A);

          (c)     General Class operator: Elements 1(B) or 1(C), 2, 3(A)
and 3(B);

               (d)  Technician Class operator: Elements 2 and 3(A);

               (e)  Novice Class operator: Elements 1(A) or 1(B) or 1(C)
and 2.

        97.503 Element standards. - (a) A telegraphy examination must be
sufficient to prove that the examinee has the ability to send correctly by
hand and to receive correctly by ear texts in the international Morse code
at not less than the prescribed speed, using all the letters of the
alphabet, numerals 0-9, period, comma, question mark, slant mark and
prosigns ar, bt, and sk.

               (1) Element 1(A) : 5 words per minute;

               (2)  Element 1(B): 13 words per minute;

               (3)  Element 1(C): 20 words per minute.

          (b)     A written examination must be such as to prove that the
examinee possesses the operational and technical qualifications required
to perform properly the duties of an amateur service licensee.  Each
written examination must be comprised of a question set as follows:

               (1)     Element 2: 30 questions concerning the privileges
of a Novice Class operator license.  The minimum passing score is 22
questions answered correctly.

               (2)     Element 3(A): 25 questions concerning the
additional privileges of a Technician Class operator license.  The minimum
passing score is 19 questions answered correctly.

               (3)  Element 3(B): 25 questions concerning the additional
privileges of a General Class operator license. The minimum passing score
is 19 questions answered correctly.

               (4)     Element 4(A): 50 questions concerning the
additional privileges of an Advanced Class operator license.  The minimum
passing score is 37 questions answered correctly.

               (5)     Element 4(B): 40 questions concerning the
additional privileges of an Amateur Extra Class operator license.  The
minimum passing score is 30 questions answered correctly.

          (c)     The topics and number of questions required in each
question set are listed below for the appropriate examination element:

          Topics                                    Element:
                                                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 frequency 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

        97.505 Element credit. - (a) The administering VEs must give
credit as specified below to an examinee holding any of the following
documents:

               (1)     An unexpired (or within the grace period)
FCC-issued amateur operator license: The least elements required for the
license held.  For a Technician Class operator license issued before March
21, 1987, credit must also be given for Element 3 (B) .

               (2)     A CSCE: Each element the CSCE indicates the
examinee passed within the previous 365 days.

               (3)     A photocopy of a FCC Form 610 which was submitted
to the FCC indicating the examinee qualified for a Novice Class operator
license within the previous 365 days: Elements 1(A) and 2.

               (4)     An unexpired (or expired less than 5 years)
FCC-issued commercial radiotelegraph operator license or permit: Element 1(C) .

               (5)     A current, or expired but within the grace period
for renewal, Novice, Technician plus a CSCE indicating that the person
passed element 1(A) or 1(B) , Technician issued before February 14, 1991,
General, or Advanced Class operator license, and a Form 610 containing:

                 (i)     A physician's certification stating that because
the person is an individual with a severe handicap, the duration of which
will extend for more than 365 days beyond the date of certification, the
person is unable to pass a 13 or 20 words per minute telegraphy
examination; and

                 (ii)     A release signed by the person permitting
disclosure to the FCC of medical information pertaining to the person's
handicap: Element 1(C) .

          (b)     No examination credit, except as herein provided, shall
be allowed on the basis of holding or having held any other license.

        97.507 Preparing an examination. - (a) Each telegraphy message and
each written question set administered to an examinee must be prepared by
a VE holding an FCC-issued Amateur Extra Class operator license.  A
telegraphy message or written question set, however, may also be prepared
for the following elements by a VE holding an FCC-issued operator license
of the Class indicated:

               (1)  Element 3 (B) : Advanced Class operator.

               (2)  Elements 1(A) and 3(A): Advanced or General Class
operator.

               (3)  Element 2: Advanced, General or Technician Class
operator.

          (b)     Each question set administered to an examinee must
utilize questions taken from the applicable question pool.

          (c)     Each telegraphy message and each written question set
administered to an examinee for an amateur operator license must be
prepared, or obtained from a supplier, by the administering VEs according
to instructions from the coordinating VEC.

          (d)     A telegraphy examination must consist of a message sent
in the international Morse code at no less than the prescribed speed for a
minimum of 5 minutes.  The message must contain each required telegraphy
character at least once.  No message known to the examinee may be
administered in a telegraphy examination.  Each 5 letters of the alphabet
must be counted as 1 word.  Each numeral, punctuation mark, and prosign
must be counted as 2 letters of the alphabet.

        97.509 Administering an examination. - (a) Each examination for an
amateur operator license must be administered at a location and a time
specified by the administering VEs.  Each administering VE must be
present and observe the examinee throughout the entire examination.  The
administering VEs are responsible for the proper conduct and necessary
supervision of each examination.  The administering VEs must immediately
terminate the examination upon failure of the examinee to comply with
their instructions.

          (b)     Each examinee must comply with the instructions given by
the administering VEs.

          (c)     No examination that has been compromised shall be
administered to any examinee.  Neither the same telegraphy message nor the
same question set may be readministered to the same examinee.

          (d)     Passing a telegraphy receiving examination is adequate
proof of an examinee's ability to both send and receive telegraphy.  The
administering VEs, however, may also include a sending segment in a
telegraphy examination.

          (e)     Upon completion of each examination element, the
administering VEs must immediately grade the examineers answers.  The
administering VEs are responsible for determining the correctness of the
examinee's answers.

          (f)     When the examinee is credited for all examination
elements required for the operator license sought, the administering VEs
must certify on the examineers application form that the applicant is
qualified for the license and report the basis for the qualification.

          (g)     When the examinee does not score a passing grade on an
examination element, the administering VEs must return the application
form to the examinee and inform the examinee of the grade.

          (h)     The administering VEs must accommodate an examinee whose
physical disabilities require a special examination procedure.  The
administering VEs may require a physician's certification indicating the
nature of the disability before determining which, if any, special
procedures must be used.


       (i)  The FCC may:

            (1)  Administer any examination element itself;

            (2)  Readminister any examination element previously
administered by VEs, either itself or under the supervision of VEs
designated by the FCC; or

            (3)     Cancel the operator and station licenses of any
licensee who fails to appear for readministration of an examination when
directed by the FCC, or who does not successfully complete any required
element which is readministered.  In an instance of such cancellation,
the person will be issued operator and station licenses consistent with
completed examination elements that have not been invalidated by not
appearing for, or by failing, the examination upon readministration.

     97.511 Amateur operator license examination. - (a) Each session
where an examination for an amateur operator license is administered must
be coordinated by a VEC.  Each administering VE must be accredited by the
coordinating VEC.

       (b)       Each examination must be administered by 3 VEs, each of
whom must hold an FCC-issued amateur operator license of the class
specified below:

            (1)     For a Novice or Technician Class operator license
examination, the administering VEs must hold Amateur Extra, Advanced,
or General Class operator licenses; and

            (2)     For a General, Advanced, or Amateur Extra Class
operator license examination, the administering VEs must hold Amateur
Extra Class operator licenses.

       (c)       The administering VEs must make a public announcement
before administering an examination for an amateur operator license.  The
number of candidates at any examination may be limited.

       (d)       The administering VEs must issue a CSCE to an examinee
who scores a passing grade on an examination element.

       (e)       Within 10 days of the administration of a successful
examination for an amateur operator license, the administering VEs must
submit the application to the coordinating VEC.  If telegraphy element
credit is claimed under 97.505(a)(5), the physician's certification and
the patient's release on the license application, Form 610, must be
completed.

     97.515 Volunteer examiner requirements. - (a) Each administering
VE must be at least 18 years of age.

       (b)       Any person who owns a significant interest in, or is an
employee of, any company or other entity that is engaged in the
manufacture or distribution of equipment used in connection with amateur
station transmissions, or in the preparation or distribution of any
publication used in preparation for obtaining amateur licenses, is
ineligible to be an administering VE.  An employee who does not normally
communicate with that part of an entity engaged in the manufacture or
distribution of such equipment, or in the preparation or distribution of
any publication used in preparation for obtaining amateur operator
licenses, is eligible to be an administering VE.

       (c)       No person may be a VE if that person's amateur station
license or amateur operator license has ever been revoked or suspended.

       (d)       No VE may administer an examination to that VE's spouse,
children, grandchildren, stepchildren, parents, grandparents,
stepparents, brothers, sisters, stepbrothers, stepsisters, aunts,
uncles, nieces, nephews, and in-laws.

     97.517 Volunteer examiner conduct. - No VE may administer or
certify any examination by fraudulent means or for monetary or other
consideration including reimbursement in any amount in excess of that
permitted.  Violation of this provision may result in the revocation of
the VE's amateur station license and the suspension of the VE's amateur
operator license.

     97.519 Coordinating examination sessions. - (a) A VEC must
coordinate the efforts of VEs in preparing and administering examinations.

       (b)       At the completion of each examination session
coordinated, the coordinating VEC must collect the applications and test
results from the administering VEs.  The coordinating VEC must screen and
forward all applications for qualified examinees within 10 days of their
receipt from the administering VEs to: FCC, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.

       (c)       Each VEC must make any examination records available to
the FCC, upon request.

     97.521 VEC qualifications. - No organization may serve as a VEC
unless it has entered into a written agreement with the FCC.  The VEC must
abide by the terms of the agreement.  In order to be eligible to be a VEC,
the entity must:

       (a)       Be an organization that exists for the purpose of
furthering the amateur service;

       (b)       Be capable of serving as a VEC in at least the VEC
region (see Appendix 2) proposed;

       (c)       Agree to coordinate examinations for any class of
amateur operator license;

       (d)       Agree to assure that, for any examination, every
examinee qualified under these rules is registered without regard to race,
sex, religion, national origin or membership (or lack thereof) in any
amateur service organization;

       (e)       Not be engaged in the manufacture or distribution of
equipment used in connection with amateur station transmissions, or in the
preparation or distribution of any publication used in preparation for
obtaining amateur licenses, unless a persuasive showing is made to the FCC
that preventive measures have been taken to preclude any possible conflict
of interest.

     97.523 Question pools. - All VECs must cooperate in maintaining
one question pool for each written examination element.  Each question
pool must contain at least 10 times the number of questions required for a
single examination.  Each question pool must be published and made
available to the public prior to its use for making a question set.  Each
question on each VEC question pool must be prepared by a VE holding the
required FCC-issued operator license.    See 97.507(a) of this part.

     97.525 Accrediting VEs. - (a) No VEC may accredit a person as a
VE if:

            (1)     The person does not meet minimum VE statutory
qualifications or minimum qualifications as prescribed by this part;

            (2)     The FCC does not accept the voluntary and
uncompensated services of the person;

            (3)     The VEC determines that the person is not competent
to perform the VE functions; or

            (4)     The VEC determines that questions of the person's
integrity or honesty could compromise the examinations.

       (b)       Each VEC must seek a broad representation of amateur
operators to be VEs.  No VEC may discriminate in accrediting VEs on the
basis of race, sex, religion or national origin; nor on the basis of
membership (or lack thereof) in an amateur service organization; nor on
the basis of the person accepting or declining to accept reimbursement.

     97.527 Reimbursement for expenses. - (a) VEs and VECs may be
reimbursed by examinees for out-of-pocket expenses incurred in preparing,
processing, administering, or coordinating an examination for an amateur
operator license.

       (b)       The maximum amount of reimbursement from any one
examinee for any one examination at a particular session regardless of the
number of examination elements taken must not exceed that announced by
the FCC in a Public Notice. (The basis for the maximum fee is $4.00
for 1984, adjusted annually each January 1 thereafter for changes in the
Department of Labor Consumer Price Index.) [The FCC announced that
effective January 1, 1994, the maximum allowable reimbursement fee for an
amateur operator license examination will be $5.75.]

       (c)       Each VE and each VEC accepting reimbursement must
maintain records of out-of-pocket expenses and reimbursements for each
examination session.  Written certifications must be filed with the FCC
each year that all expenses for the period from January 1 to December 31
of the preceding year for which reimbursement was obtained were
necessarily and prudently incurred.

       (d)       The expense and reimbursement records must be retained
by each VE and each VEC for 3 years and be made available to the FCC upon
request.

       (e)       Each VE must forward the certification by January 15 of
each year to the coordinating VEC for the examinations for which
reimbursement was received.  Each VEC must forward all such certifications
and its own certification to the FCC on or before January 31 of each year.

       (f)       Each VEC must disaccredit any VE failing to provide the
certification. The VEC must advise the FCC on January 31 of each year
of any VE that it has disaccredited for this reason.


     Appendix 1 - Places Where the Amateur Service is Regulated by the FCC

     In ITU Region 2, the amateur service is regulated by the FCC within
the territorial limits of the 50 United States, District of Columbia,
Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin
Islands (50 islets and cays) and Navassa Island], and Johnston Island
(Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern
and Sand) in the Pacific Insular areas.

     In ITU Region 3, the amateur service is regulated by the FCC within
the Pacific Insular territorial limits of American Samoa (seven islands),
Baker Island, Commonwealth of Northern Mariana Islands, Guam Island,
Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than 50
islets) and Wake Island (Islets Peale, Wake and Wilkes).

          Appendix 2 - VEC Regions

1.   Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and
     Vermont.

2.   New Jersey and New York.

3.   Delaware, District of Columbia, Maryland and Pennsylvania.

4.   Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina,
     Tennessee and Virginia.

5.   Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Texas.

6.   California.

7.   Arizona, Idaho, Montana, Nevada, Oregon, Utah, Washington and
     Wyoming.

8.   Michigan, Ohio and West Virginia.

9.   Illinois, Indiana and Wisconsin.

10.  Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota
     and South Dakota.

11.  Alaska.

12.  Caribbean Insular areas.

13.  Hawaii and Pacific Insular areas.