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SUBPART A - GENERAL PROVISIONS
97.1 Basis and purpose.
The rules and regulations in this Part are designed to provide
an amateur radio service having a fundamental purpose as expressed
in the following principles:
(a) Recognition and enhancement of the value of the amateur
service to the public as a voluntary noncommercial communication
service, particularly with respect to providing emergency
communications.
(b) Continuation and extension of the amateur's proven ability
to contribute to the advancement of the radio art.
(c) Encouragement and improvement of the amateur service
through rules which provide for advancing skills in both the
communications and technical phases of the art.
(d) Expansion of the existing reservoir within the amateur
radio service of trained operators, technicians, and electronics
experts.
(e) Continuation and extension of the amateur's unique ability
to enhance international goodwill.
97.3 Definitions.
(a) The definitions of terms used in Part 97 are:
(1) AMATEUR OPERATOR. A person holding a written
authorization to be the control operator of an amateur station.
(2) AMATEUR RADIO SERVICES. The amateur service, the
amateur-satellite service and the radio amateur civil emergency
service.
(3) AMATEUR-SATELLITE SERVICE. A radiocommunication
service using stations on Earth satellites for the same purpose as
those of the amateur service.
(4) AMATEUR SERVICE. A radiocommunication service for
the purpose of self-training, intercommunication and technical
investigations carried out by amateurs, that is, duly authorized
persons interested in radio technique solely with a personal aim
and without pecuniary interest.
(5) AMATEUR STATION. A station in an amateur radio
service consisting of the apparatus necessary for carrying on
radiocommunications.
(6) AUTOMATIC CONTROL. The use of devices and procedures
for control of a station when it is transmitting so that compliance
with the FCC Rules is achieved without the control operator being
present at a control point.
(7) AUXILIARY STATION. An amateur station transmitting
communications point-to-point within a system of cooperating
amateur stations.
(8) BANDWIDTH. The width of a frequency band outside of
which the mean power of the total (*) emission is attenuated at
least 26 dB below the mean power of the total emission, including
allowances for transmitter drift or Doppler shift. (* This may be
a typographical error in the Federal Register; rather than "the
total," it probably should read "any" or "an.")
(9) BEACON. An amateur station transmitting
communications for the purposes of observation of propagation and
reception or other related experimental activities.
(10) BROADCASTING. Transmissions intended for reception
by the general public, either direct or relayed.
(11) CONTROL OPERATOR. An amateur operator designated
by the licensee of a station to be responsible for the
transmissions from that station to assure compliance with the FCC
Rules.
(12) CONTROL POINT. The location at which the control
operator function is performed.
(13) CSCE. Certificate of successful completion of an
examination.
(14) EARTH STATION. An amateur station located on, or
within 50 km of the Earth's surface intended for communications
with space stations or with other Earth stations by means of one
or more other objects in space.
(15) EIC. Engineer in Charge of an FCC Field Facility.
(16) EXTERNAL RF POWER AMPLIFIER. A device capable of
increasing power output when used in conjunction with, but not an
integral part of, a transmitter.
(17) EXTERNAL RF POWER AMPLIFIER KIT. A number of
electronic parts, which, when assembled, is an external RF power
amplifier, even if additional parts are required to complete
assembly.
(18) FAA. Federal Aviation Administration.
(19) FCC. Federal Communications Commission.
(20) FREQUENCY COORDINATOR. An entity, recognized in a
local or regional area by amateur operators whose stations are
eligible to be auxiliary or repeater stations, that recommends
transmit/receive channels and associated operating and technical
parameters for such stations in order to avoid or minimize
potential interference.
(21) HARMFUL INTERFERENCE. Interference which endangers
the functioning of a radionavigation service or of other safety
services or seriously degrades, obstructs or repeatedly interrupts
a radiocommunication service operating in accordance with the Radio
Regulations.
(22) INDICATOR. Words, letters or numerals appended to
and separated from the call sign during the station identification.
(23) INFORMATION BULLETIN. A message directed only to
amateur operators consisting solely of subject matter of direct
interest to the amateur service.
(24) INTERNATIONAL MORSE CODE. A dot-dash code as
defined in International Telegraph and Telephone Consultative
Committee (CCITT) Recommendation F.1 (1984), Division B, I. Morse
Code.
(25) ITU. International Telecommunication Union.
(26) LINE A. Begins at Aberdeen, WA, running by great
circle arc to the intersection of 48 degrees N, 120 degrees W,
thence along parallel 48 degrees N, to the intersection of 95
degrees W, thence by great circle arc through the southernmost
point of Duluth, MN, thence by great circle arc to 45 degrees N,
85 degrees W, thence southward along meridian 85 degrees W, to its
intersection with parallel 41 degrees N, thence along parallel 41
degrees N, to its intersection with meridian 82 degrees W, thence
by great circle arc through the southernmost point of Bangor, ME,
thence by great circle arc through the southernmost point of
Searsport, ME, at which point it terminates.
(27) LOCAL CONTROL. The use of a control operator who
directly manipulates the operating adjustments in the station to
achieve compliance with the FCC Rules.
(28) NATIONAL RADIO QUIET ZONE. The area in Maryland,
Virginia and West Virginia bounded by 39 degrees 15 minutes N on
the north, 78 degrees 30 minutes W on the east, 37 degrees 30
minutes N on the south and 80 degrees 30 minutes W on the west.
(29) QUESTION POOL. All current examination questions
for a designated written examination element.
(30) QUESTION SET. A series of examination (*) on a
given examination selected from the question pool. (* Spelling is
correct.)
(31) RADIO REGULATIONS. The latest ITU "Radio
Regulations" to which the United States is a party.
(32) RACES (radio amateur civil emergency service). A
radio service using amateur stations for civil defense
communications during periods of local, regional or national civil
emergencies.
(33) REMOTE CONTROL. The use of a control operator who
indirectly manipulates the operating adjustments in the station
through a control link to achieve compliance with the FCC Rules.
(34) REPEATER. An amateur station that automatically
retransmits the signals of other stations.
(35) SPACE STATION. An amateur station located more then
50 km above the Earth's surface.
(36) SPURIOUS EMISSION. An emission, or frequencies
outside the necessary bandwidth of a transmission, the level of
which may be reduced without affecting the information being
transmitted.
(37) TELECOMMAND STATION. An amateur station that
transmits communications to initiate, modify or terminate functions
of a space station.
(38) THIRD PARTY COMMUNICATIONS. A message from the
control operator (first party) of an amateur station to another
amateur station control operator (second party) on behalf of
another person (third party).
(39) VE. Volunteer examiner.
(40) VEC. Volunteer-examiner coordinator.
(b) The definitions of technical symbols used in this Part
are:
(1) EHF (extremely high frequency). The frequency range
30-300 GHz.
(2) HF (high frequency). The frequency range 3-30 MHz.
(3) Hz. Hertz.
(4) m. Meters.
(5) MF (medium frequency). The frequency range 300-3000
kHz.
(6) PEP (peak envelope power). The average power
supplied to the antenna transmission line by a transmitter during
one RF cycle at the crest of the modulation envelope taken under
normal operating conditions.
(7) RF. Radio frequency.
(8) SHF (super-high frequency). The frequency range 3-30
GHz.
(9) UHF (ultra-high frequency). The frequency range
300-3000 MHz.
(10) VHF (very-high frequency). The frequency range
30-300 MHz.
(11) W. Watts.
(c) The following terms are used in this Part to indicate
emission types. Refer to Section 2.201 of the FCC Rules,
"Emission, modulation and transmission characteristics," for
information on emission type designators.
(1) CW. International Morse code telegraphy emissions
having designators with A, C, H, J or R as the first symbol; 1 as
the second symbol; A or B as the third symbol; and emissions J2A
and J2B.
(2) DATA. Telemetry, telecommand and computer
communications emissions having designators with A, C, D, F, G, H,
J or R as the first symbol; 1 as the second symbol; D as the third
symbol; and emission J2D. Only a digital code of a type
specifically authorized in this Part may be transmitted.
(3) IMAGE. Facsimile and television emissions having
designators with A, C, D, F, G, H, J or R as the first symbol; 1,
2 or 3 as the second symbol; C or F as the third symbol; and
emissions having B as the first symbol; 7, 8 or 9 as the second
symbol; W as the third symbol.
(4) MCW. Tone-modulated international Morse code
telegraphy emissions having designators with A, C, D, F, G, H, J
or R as the first symbol; 2 as the second symbol; A or B as the
third symbol.
(5) PHONE. Speech and other sound emissions having
designators with A, C, D, F, G, H, J or R as the first symbol; 1,
2 or 3 as the second symbol; E as the third symbol. Also speech
emissions having B as the first symbol; 7, 8 or 9 as the second
symbol; E as the third symbol. MCW for the purpose of performing
the station identification procedure, or for providing telegraphy
practice interspersed with speech. Incidental tones for the
purpose of selective calling or alerting or to control the level
of a demodulated signal may also be considered phone.
(6) PULSE. Emissions having designators with K, L, M,
P, Q, V or W as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the
second symbol; A, B, C, D, E, F, N, W or X as the third symbol.
(7) RTTY. Narrow-band direct-printing telegraphy
emissions having designators with A, C, D, F, G, H, J or R as the
first symbol; 1 as the second symbol; B as the third symbol; and
emission J2B. Only a digital code of a type specifically
authorized in this part may be transmitted.
(8) SS. Spread-spectrum emissions using
bandwidth-expansion modulation emissions having designators with
A, C, D, F, G, H, J or R as the first symbol; X as the second
symbol; X as the third symbol. Only a SS emission of a type
specifically authorized in this Part may be transmitted.
(9) TEST. Emissions containing no information having the
designators with N as the third symbol. Test does not include
pulse emissions with no information or modulation unless pulse
emissions are also authorized in the frequency band.
97.5 Station license required.
(a) When a station is transmitting on any amateur service
frequency from a geographic location within 50 km of the Earth's
surface where the amateur service is regulated by the FCC, the
person having physical control of the apparatus must hold an
FCC-issued written authorization for an amateur station.
(b) When a station is transmitting on any amateur service
frequency from a location within 50 km of the Earth's surface and
aboard any vessel or craft that is documented or registered in the
United States, the person having physical control of the apparatus
must hold an FCC-issued written authorization for an amateur
station.
(c) When a station is transmitting on any amateur service
frequency from a location more than 50 km above the Earth's surface
aboard any craft that is documented or registered in the United
States, the person having physical control of the apparatus must
hold an FCC-issued written authorization for an amateur station.
(d) The types of written authorizations that permit amateur
station operation where the amateur service is regulated by the
FCC are:
(1) An operator/primary station license (FCC Form 660)
issued to the person by the FCC. A primary amateur station license
is issued only to a person, together with an operator license on
the same document. Every amateur operator licensed by the FCC must
have one, but only one, primary station license. Except for a
representative of a foreign government, any person who qualifies
by examination is eligible to apply for an operator/primary station
license.
(2) A club station license (FCC form 660) issued to the
person by the FCC. A club station license is issued only to the
person who is the license trustee designated by an officer of the
club. The trustee must hold an FCC-issued Amateur Extra, Advanced,
General, or Technician operator license. The club must be composed
of at least two persons and must have a name, a document of
organization, management and a primary purpose devoted to amateur
service activities consistent with this Part.
(3) A military recreation station license (FCC Form 660)
issued to the person by the FCC. A military recreation station
license is issued only to the person who is the license custodian
designated by the official in charge of the United States military
recreational premises where the station is situated. The custodian
must not be a representative of a foreign government. The
custodian need not hold an amateur operator license.
(4) A RACES station license (FCC Form 660) issued to the
person by the FCC. A RACES station license is issued only to the
person who is the license custodian designated by the official
responsible for the governmental agency served by that civil
defense organization. The custodian must not be a representative
of a foreign government. The custodian must be the civil defense
official responsible for coordination of all civil defense
activities in the area concerned. The custodian need not hold an
amateur operator license.
(5) A reciprocal permit for alien amateur licensee (FCC
Form 610-AL) issued to the person by the FCC. A reciprocal permit
for alien amateur licensee is issued only to a person who is a
citizen of a country with which the United States has arrangements
to grant reciprocal operating permits to visiting alien amateur
operators. The person must be a citizen of the same country that
issued the amateur service license. No person who is a citizen of
the United States, regardless of any other citizenship also held,
is eligible for a reciprocal permit for alien amateur licensee.
No person holding an FCC-issued amateur service license is eligible
for a reciprocal permit for alien amateur license.*
(* "license" should likely read "licensee," as elsewhere in the
paragraph.)
(6) An amateur service license issued to the person by
the Government of Canada. The person must be a Canadian citizen.
(e) The written authorization for an amateur station
authorizes the use in accordance with FCC Rules of all transmitting
apparatus under the physical control of the station licensee at
points where the amateur radio service is regulated by the FCC.
The original written authorization document or a photocopy thereof
must be retained at the station.
97.7 Control operator required.
When transmitting, each amateur station must have a control
operator. Only a person holding one of the following documents may
be the control operator of a station:
(a) An amateur operator/primary station license (FCC Form 660)
issued to the person by the FCC.
(b) A reciprocal permit for alien amateur licensee (FCC Form
610-AL) issued to the person by the FCC.
(c) An amateur service license issued to a Canadian citizen
by the Government of Canada.
97.9 Operator license.
(a) There are 5 classes of operator licenses: Novice,
Technician, General, Advanced and Amateur Extra. An operator
license authorizes the holder to be the control operator of a
station with the privileges of the operator class specified on the
license. The license document or a photocopy thereof must be in
the personal possession of the licensee at all times when the
person is the control operator of a station.
(b) A person holding a Novice, Technician, General, or
Advanced operator license who has properly filed with the FCC an
application for a higher operator class which has not yet been
acted upon, and who holds a CSCE indicating that the person
completed the necessary examinations within the previous 365 days
is authorized to exercise the rights and privileges of the higher
operator class.
97.11 Stations aboard ships or aircraft.
(a) The installation and operation of an amateur station on
a ship or aircraft must be approved by the master of the ship or
pilot in command of the aircraft.
(b) The station must be separate from and independent of all
other radio apparatus installed on the ship or aircraft, except a
common antenna may be shared with a voluntary ship radio
installation. The station's transmissions must not cause
interference to any other apparatus installed on the ship or
aircraft.
(c) The station must not constitute a hazard to the safety of
life or property. For a station aboard an aircraft, the apparatus
shall not be operated while the aircraft is operating under
Instrument Flight Rules, as defined by the FAA, unless the station
has been found to comply with all applicable FAA rules.
97.13 Restrictions on station location.
(a) Before placing an amateur station on land of environmental
importance or that is significant in American history, architecture
or culture, the licensee may be required to take certain actions
prescribed by Sections 1.1305 - 1.1319 of the FCC Rules.
(b) An amateur station within 1600 m (1 mile) of an FCC
monitoring facility must protect that facility from harmful
interference. Failure to do so could result in imposition of
operating restrictions upon the amateur station by the EIC pursuant
to Section 97.221 of this Part. Geographical coordinates of the
facilities that require protection are listed in Section 0.121(c)
of the FCC Rules.
97.15 Station antenna structures.
(a) Unless the amateur station licensee has received prior
approval from the FCC, no antenna structure, including and (*)
radiating elements, tower, supports and all appurtenances, may be
higher than 61 m (200 feet) above ground level at its site.
(b) Unless the amateur station licensee has received prior
approval from the FCC, no antenna structure, at an airport or
heliport that is available for public use and is listed in the
"Airport Directory" of the current "Airman's Information Manual"
or in either the "Alaska" or "Pacific Airman's Guide and Chart
Supplement;" or at an airport or heliport under construction that
is the subject of a notice or proposal on file with the FAA, and
except for military airports, it is clearly indicated that the
airport will be available for public use; or at an airport or
heliport that is operated by the armed forces of the United States;
or at a place near any of these airports or heliports, may be
higher than:
(1) 1 m above the airport elevation for each 100 m from
the nearest runway longer than 1 km within 6.1 km of the antenna
structure.
(2) 2 m above the airport elevation for each 100 m from
the nearest runway longer than 1 km within 3.1 km of the antenna
structure.
(3) 4 m above the airport elevation for each 100 m from
the nearest landing pad within 1.5 km of the antenna structure.
(c) An amateur station antenna structure no higher than 6.1
m (20 feet) above ground level at its site or no higher than 6.1
m above any natural object or existing manmade structure, other
than an antenna structure, is exempt from the requirements of
paragraphs (a) and (b) of this section.
(d) Further details as to whether an aeronautical study and/or
obstruction marking and lighting may be required, and
specifications for obstruction marking and lighting, are contained
in Part 17 of the FCC Rules, "Construction, Marking, and Lighting
of Antenna Structures." To request approval to place an antenna
structure higher than the limits specified in paragraphs (a), (b),
and (c) of this section, the licensee must notify the FAA on FAA
Form 7460-1 and the FCC on FCC Form 854.
(e) Except as otherwise provided herein, a station antenna
structure may be erected at heights and dimensions sufficient to
accommodate amateur service communications. State and local
regulation of a station antenna structure must not preclude amateur
service communications. Rather, it must reasonably accommodate
such communications and must constitute the minimum practicable
regulation to accomplish the state or local authority's legitimate
purpose. [See PRB-1, 101 FCC 2d 952 (1985) for details.]
97.17 Application for new license.
(a) Any qualified person is eligible to apply for an amateur
service license.
(b) Each application for a new operator/primary station
license must be made on FCC Form 610. Each application for a
reciprocal permit for alien amateur licensee must be made on FCC
Form 610-A. No new license for a club, military recreation, or
RACES station will be issued.
(c) Each application for a new operator/primary station
license and each application involving a change in operator class
must be submitted to the VEs administering the qualifying
examination.
(d) Any qualified person is eligible to apply for a reciprocal
permit for alien amateur licensee. The application must be
submitted to the FCC, P.O. Box 1020, Gettysburg, PA 17326.
(e) No person shall obtain or attempt to obtain, or assist
another person to obtain or attempt to obtain, an operator license
or reciprocal permit for alien amateur licensee by fraudulent
means.
(f) A call sign will be assigned systematically to each
station. The FCC will issue public announcements detailing the
policies and procedures of the call sign assignment system. The
FCC will not grant any request for a specific call sign.
97.19 Application for a renewed or modified license.
(a) Each application for a renewed or modified
operator/primary station license must be made on FCC Form 610.
Each application for a renewed or modified club, military
recreation or RACES station license must be made on FCC Form 610-B.
A reciprocal permit for alien amateur licensee is not renewable.
A new reciprocal permit may be issued upon proper application.
(b) Each application for a renewed or modified amateur service
license must be accompanied by a photocopy of the license document
or the original document. Each application for a modified operator
license involving a change in operator class must be submitted to
the VEs administering the qualifying examination. All other
applications must be submitted to: FCC, P.O. Box 1020, Gettysburg,
PA 17326.
(c) When the licensee has submitted a timely application for
renewal of an unexpired license (between 60 and 90 days prior to
the end of the license term is recommended), the licensee may
continue to operate until the disposition of the application has
been determined. If a license expires, application for renewal
may be made during a grace period of 2 years after the expiration
date. During this grace period, the expired license is not valid.
A license renewed during the grace period must be dated as of the
date of the renewal.
97.21 Mailing address and station location.
Each application for an amateur service license and each
application for a reciprocal permit for alien amateur licensee must
show a mailing address and a station location (the addresses may
be the same) in an area where the amateur service is regulated by
the FCC. The mailing address must be one where the licensee can
receive mail delivery by the United States Postal Service. The
station location must be a place where a station can be physically
located. (A Postal Service box, RFD number, or general delivery
is unsuitable as a station location.)
97.23 License term.
(a) An amateur service license is normally issued for a
10-year term.
(b) A reciprocal permit for alien amateur license is normally
issued for a 1-year term.
97.25 FCC modification of station license.
(a) The FCC may modify an amateur station license, either for
a limited time or for the duration of the term thereof, if it
determines:
(1) That such action will promote the public interest,
convenience and necessity; or
(2) That such action will promote fuller compliance with
the provisions of the Communications Act of 1934, as amended, or
of any treaty ratified by the United States.
(b) When the FCC makes such a determination, it will issue an
order of modification. The order will not become final until the
licensee is notified in writing of the proposed action and the
grounds and reasons therefor. The licensee will be given
reasonable opportunity of no less than thirty days to protest the
modification; except that, where safety of life or property is
involved, a shorter period of notice may be provided. Any protest
by a licensee of an FCC order of modification will be handled in
accordance with the provisions of 47 U.S.C. 316.
97.27 Replacement license.
Each licensee or permittee whose original document is lost,
mutilated or destroyed must request a replacement. The request
must be made to: FCC, P.O. Box 1020, Gettysburg, PA 17236. A
statement of how the document was lost, mutilated or destroyed must
be attached to the request. A replacement license must bear the
same expiration date as the license that it replaces.
END OF A - !!!