QRZ! Ham Radio 4/QRZ Ham Radio Callsign Database - Volume 4.iso/files/arrl/rib/part97.pt4

Text File | 1994-11-20 | 27KB | 577 lines

SUBPART E - PROVIDING EMERGENCY COMMUNICATIONS



97.401  Operation during a disaster.

     (a) When normal communication 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 amateur
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 Operation.

     (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 U.S.C. 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 intercommunicate 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 in 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 organizations 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 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 EXAMINATIONS SYSTEMS



97.501  Qualifying for an amateur operator license.

     An applicant must successfully 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 percentage of questions 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
extends 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 a Technician, General, Advanced,
or Amateur Extra class operator license must be prepared, or obtained
from a supplier, by the administering VEs according to instructions
from the coordinating VEC.
     (d) The preparation of each telegraphy message and each
written question set administered to an examinee for a Novice
operator license is the responsibility of the administering VEs.
The telegraphy message and written question set may be obtained by
the administering VEs from a supplier.
     (e) 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 the 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 examinee's 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 examinee's 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  Technician, General, Advanced and Amateur Extra Class
operator examination.

     (a) Each session where an examination for a Technician,
General, Advanced or Amateur Extra Class operator license is
administered must be coordinated by a VEC.  Each administering VE
must be accredited by the coordinating VEC.
     (b) Each examination for a Technician Class operator license
must be administered by 3 administering VEs, each of whom must hold
an FCC-issued Amateur Extra or Advanced operator license.
     (c) Each examination for a General, Advanced or Amateur Extra
Class operator license must be administered by 3 administering VEs,
each of whom must hold an FCC-issued Amateur Extra operator
license.
     (d) The administering VEs must make a public announcement
before administering an examination for Technician, General,
Advanced or Amateur Extra Class operator license.  The number of
candidates at any examination may be limited.
     (e) The administering VEs must issue a CSCE to an examinee who
scores a passing grade on an examination element.
     (f) Within 10 days of the administration of a successful
examination for the Technician, General, Advanced or Amateur Extra
Class operator license, the administering VEs must submit the
application to the coordinating VEC. If telegraphy element credit is
claimed under Section 97.505(a)(5), the physician's certification and
the patient's release on the license application, Form 610, must be
completed.



97.513  Novice Class operator examination.

     (a) Each examination for a Novice class operator license must be
administered by 2 VEs.  The VEs do not have to be accredited by a
VEC.  Each administering VE must hold a current FCC-issued Amateur
Extra, Advanced or General Class operator license.
     (b) Within 10 days of the administration of a successful
examination for the Novice Class operator license, the
administering VEs must submit the examinee's completed application
form to: FCC, 1270 Fairfield Rd. Gettysburg, PA 17325-7245



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 Rd.
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 Technician, General,
Advanced, and Amateur Extra Class operator licenses;
     (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 Section
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;
          (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 a Technician,
General, Advanced, or Amateur Extra 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.)
     (c) No reimbursement may be accepted by any VE for preparing,
processing, or administering an examination for a Novice operator
license.
     (d) 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.
     (e) 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.
     (f) 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.
     (g) 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.




APPENDICES




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 fifty United States, Districtof 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 Mariannas Islands, Guam Island, Howland
Island, Jarvis Island, Kingman Reef, Kure Island, 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.



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