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HAM Radio 3.2
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Ham Radio Version 3.2 (Chestnut CD-ROMs)(1993).ISO
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fcc
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fccletr
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fccletr.txt
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Text File
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1989-10-26
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9KB
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187 lines
This is the text of the letter that the FCC mailed to
numerous participants in 20 meter net activities.
- - -
FEDERAL COMMUNICATIONS COMMISSION
Dear Mr. [amateur's name]
This letter is being sent to you because you may be serving
in an influential position with respect to third party
telephony traffic, information bulletin or telegraphy
practice communications transmitted on the amateur service
HF bands. You may possess, therefore, information and
insight that could help bring about a resolution of the
unfortunate continuing over-the- air dispute that takes
place on the amateur service 20 meter band. A similar
letter also is being sent to other amateur operators and
organizations who may be of assistance.
We fear that enhancement of international goodwill -- a
fundamental principle of the rules for the amateur service
in the United States -- is being jeopardized as a direct
result of this dispute. We are concerned, moreover, that
the experimental nature of the amateur service is being
suppressed. When a channel is used to carry on a never-
ending debate, it is denied for the purposes for which the
frequencies were allocated. Finally, requests to the
Commission to resolve the dispute are diverting far too much
staff time from other essential activities.
The Commission has, on numerous occasions, provided guidance
to amateur stations conducting third party communications.
In the Report and Order in PR Docket No. 88-139, for
instance, the Commission concurred with the American Radio
Relay League's observation concerning the proper balance in
the rules between the flexibility to achieve the objectives
of the amateur service and the degree of protection
necessary to prevent exploitation of the service. The
amateur service should be allowed to utilize its allocated
frequencies unfettered by encroachment from commercial
entities. It should not be allowed to be exploited by those
who would use them as an alternative to the land mobile,
broadcast, maritime, or common carrier radio services.
For the above reason, Section 97.113(a) of the Commission's
Rules, 47 C.F.R. Part 97.113(a), prohibits an amateur
station from transmitting any communication the purpose of
which is to facilitate the business or commercial affairs of
any party. No amateur station shall transmit communications
as an alternative to other authorized radio services, except as
necessary to providing emergency communications under
Sections 97.401-97.407 of the Commission's Rules, 47 C.F.R.
Part 97.401-97.407. In the Order adopted June 29, 1983, 48
Fed. Reg. 32999 (1983), the Commission stated that the term
"business" in this instance, is used in the broadest
context. It includes all types of communications which are
intended to facilitate the regular business or commercial
affairs of any party, whether individual or organization,
whether for-profit or not-for-profit, whether charitable or
commercial, and whether government or non-government. By
Public Notice titled Amateur Service International
Radiocommunications dated September 1, 1989, the Commission
further elaborated upon the scope of Section 97.113(a): All
types of communications relating to business activities,
including the advertising, soliciting, ordering, furnishing,
delivering, accounting, or billing of any supplies,
materials, or services are prohibited.
Although Section 97.115(a) (1), 47 C.F.R. Part 97.115(a)(1),
permits an amateur station to transmit messages for a third
party to any station within the jurisdiction of any foreign
government whose administration has made arrangements with
the United States, all international communications by
amateur stations are subject to Section 97.117 of the
Commission's Rules, 47 C.F.R. Part 97.117, which limits
amateur station transmissions to a different country to
messages of a technical nature relating to tests and to
remarks of a personal character for which, by reason of
their unimportance, recourse to the public
telecommunications service is not justified. This rule
conforms to the international Radio Regulations applicable
to the amateur service.
Considering the above limitations, it is not apparent why
there should be any significant amount of third party
communications transmitted in the amateur service. It
appears, however, that as much as 15% of the 20 meter band
is being claimed for such communications by some amateur
operators and by organizations apparently organized
specifically to utilize the amateur service for third party
telephony communications. The justification for any such
entitlement, however, has not yet been made to the
Commission. Nor does it appear, as evidenced by the
presence of the on-the-air dispute, that any such privilege
claim has been accepted by the entire amateur community.
Our approach has been to allow the amateur community to
resolve the issue in a spirit of cooperation, as it has for
many issues several times in the past. Because this
approach has not been effective in this instance, we are
looking to other alternatives. One alternative approach may
be rule making that could range in outcome to an outright
ban against all third party traffic to the designation of
specific channels in some segment of certain amateur bands
where only third party telephony communications could be
conducted. Before taking so drastic a step, however, we
want to gain a better understanding of the issues behind the
dispute.
We request your cooperation in resolving this matter. We
therefore ask that you submit a report to us on the matter
by November 15, 1989. While the submission of the report is
voluntary, failure to submit it may mean that we have to
proceed without the benefit of your expertise. Your report
should include the following information based upon your
personal observations during periods when the amateur
service is not generally being used to provide emergency
communications under Subpart E of Part 97, 47 C.F.R. Section
97.401-97.407:
(1.) Is there, in your view, a channel plan? What is the
channel plan for the analog emission segment of each amateur
service HF band? What is the channel spacing? How many
channels are utilized for telephony in each band?
(2.) How many channels in each analog emission segment are
used by Commission-licensed amateur stations for domestic
third party telephony communications? What is the general
nature of these communications? How many phone patches are
transmitted per channel per day? What effect does the
transmission of such communications have upon the amateur
service? Why isn't a public telecommunication system,
maritime service, or other radio service used for such
communications?
(3.) How many channels in each analog emission segment are
used by Commission-licensed amateur stations for
international third party telephony communications? What is
the general nature of these communications? How many phone
patches are transmitted per channel per day? What effect
does the transmission of such communication have upon the
amateur service? Why isn't a public telecommunication
system, maritime service, or other radio services used for
such communications?
(4.) How many channels in each analog emission segment are
used by Commission-licensed amateur stations for information
bulletin telephony communications? How many amateur
operators listen to one of these transmissions? How many
information bulletin communications are transmitted per day?
What effect does the transmission of such communications
have upon the amateur service? Why aren't amateur digital
systems used exclusively for such communications? What
stations transmit such bulletin type messages? Is the
transmission of such messages desirable or necessary?
(5.) How many channels in each analog emission segment are
used by Commission-licensed amateur stations for telegraphy
practice communications? How many persons make use of these
transmissions for telegraphy practice? Why is an analog
emission segment used for such communications? What effect
does the transmission of such communications have upon the
amateur service? In view of the availability of recorded
telegraphy training material, why are amateur service
frequencies still used for this purpose?
(6.) Please suggest a statement of practices that you
believe should be followed by amateur stations transmitting
third party communications, information bulletins, and
telegraphy practice. Comment on whether the amateur service
can voluntarily adopt your suggested practices, or should
Section 97.101, General standards, 47 C.F.R. Section 97.101,
be expanded.
Please feel free to provide any other factual information
that would assist in a more complete understanding of the
issues involved in the dispute. An envelope is enclosed for
your reply.
Thank you for your cooperation.
Sincerely,
Robert H. McNamara
Chief, Special Services Division