Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/ham/part97a.asc

Text File | 1993-08-25 | 29.0 KB | 763 lines

/* The full text of the FCC Ham Radio Regulations with comments
follows. '73. */

 APPENDIX A

Part 97 of Chapter 1 of Title 47 of the Code of Federal
Regulations is amended, as follows:

 1. The authority citation for Part 97 continues to read
as follows:

 AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609, unless otherwise noted.

 2. Part 97 is revised as follows:
PART 97 -- AMATEUR RADIO SERVICE

Subpart A -- General Provisions

     Sec.

     97.1 Basis and purpose.

     97.3 Definitions.

     97.5 Station license required.

     97.7 Control operator required.

     97.9 Operator license.

            97.11 Stations aboard ships or aircraft.

    97.13 Restrictions on station location.

    97.15 Station antenna structures.

     97.17 Application for new license.

    97.19 Application for renewed or modified license.

    97.21 Mailing address and station location.

    97.23 License term.

    97.25 FCC modification of station license.

    97.27 Replacement license.

     Subpart B -- Station Operation Standards

    97.101 General standards.

    97.103 Station licensee responsibilities.


    97.105 Control operator duties.

    97.107 Alien control operator privileges.

    97.109 Station control.

     97.111 Authorized transmissions.

     97.113 Prohibited transmissions.

     97.115 Third-party traffic.

     97.117 International communications.

     97.119 Station identification.

     97.121 Restricted operation.

     Subpart C -- Special Operations

     97.201 Auxiliary station.

     97.203 Beacon station.

     97.205 Repeater station.

    97.207 Space station.

    97.209 Earth station.

    97.211 Telecommand station.

    97.213 Remote control of a Stanton.

    97.215 Remote control of model craft.

    Subpart D -- Technical Standards

    97.301 Authorized frequency bands.

    97.303 Frequency sharing requirements.

    97.305 Authorized emission types.

    97.307 Emission standards.

    97.309 RTTY and data emission digital codes.

    97.311 SS emission types.

    97.313 Transmitter power standards.

    97.315 Type acceptance of external RF power amplifiers.

    97.317 Standards for type acceptance of external RF power
    amplifiers.

    Subpart E -- Providing Emergency Communications 97.401
    Operation during a disaster.

    97.403 Safety of life and protection of property.

    97.405 Station in distress.

    97.407 Radio amateur civil emergency service.

    Subpart F -- Qualifying Examination Systems

    97.501 Qualifying for an amateur operator license.
    97.503 Element standards.

    97.505 Element credit.

    97.507 Preparing an examination.

    97.509 Administering an examination.

    97.511 Technician, General, Advanced, and Amateur Extra
    Class operator license examination.

    97.513 Novice Class operator license examination.

    97.515 Volunteer examiner requirements.

    97.517 Volunteer examiner conduct.

    97.519 Coordinating examination sessions.

    97.521 VEC qualifications.

    97.523 Question pools.

    97.525 Accrediting VEs.

    97.527 Reimbursement for expenses.

    Appendix 1 Places where the amateur service is regulated
    by the FCC.

    Appendix 2 VEC Regions.
 Subpart A -- General Provisions

 S 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
communication 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.

 S 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.

 (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.

/* This is opposed to broadcasting. The transmission of a
"message" generally related to solely ham information is not
broadcasting. */

 (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\o/N, 120\o/W, thence along
parallel 48\o/N, to the intersection of 95\o/W, thence by great
circle arc through the southernmost point of Duluth, MN, thence
by great circle arc to 45\o/N, 85\o/W, thence southward along
meridian 85\o/W, to its intersection with parallel 41\o/N, thence
along parallel 41\o/N, to its intersection with meridian 82\o/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\o/ 15'N on the north,
78\o/ 30'W on the east, 37\o/ 30'N on the south and 80\o/ 30'W on
the west.

 (29) Question pool. All current examination questions for
a designated written examination element.

 (30) Question set. A series of examination questions on a
given examination selected from the question pool.

 (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 than
50 km above the earth's surface.

 (36) Spurious emission. An emission, on 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 S 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 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.

 S 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-satellite 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 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 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 will be issued a reciprocal permit for alien
amateur license.

 (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 the FCC Rules of all
transmitting apparatus under the physical control of the station
licensee at points where the amateur service is regulated by the
FCC. The original written authorization document or a photocopy
thereof must be retained at the station.

 S 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 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.
 S 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 Stanton.

 (b) A person holding a Novice, Technician, general, or
Advanced Class 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.

 S 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.

 S97.13 Restrictions on Stanton locations.

 (a) Before placing an amateur Stanton 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 SS 1.1305-1.1319 of the FCC
Rules.

 (b) A 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 an EIC pursuant to S
97.121 of this Part. Geographical coordinates of the facilities
that require protection are listed in S 0.121(c) of the FCC
Rules.

 S 97.15 Station antenna structures.

 (a) Unless the amateur station licensee has received
prior approval from the FCC, no antenna structure, including the
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 Stanton 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.]

 S 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.

 S 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.

 S 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.)

 S 97.23 License term.

 (a) An amateur service license is normally issued for a
10- year term.

 (b) A reciprocal permit for alien amateur licensee is
normally issued for a 1-year term.

 S 97.25 FCC modification of station license.

 (a) The FCC may modify a 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 30 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. S 316.

 S 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
17326. 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.