Path: news.unomaha.edu!sol.ctr.columbia.edu!howland.reston.ans.net!pipex!uunet!psinntp!wlnntp.psi.com!usenet From: "Art Morrison" Newsgroups: rec.radio.amateur.policy Subject: FCC Part 97 Full Text (1/3) Date: Mon, 20 Dec 93 09:08:28 -0500 Organization: PSI Public Usenet Link Lines: 945 Message-ID: <2965481889.0.p01138@psilink.com> NNTP-Posting-Host: worldlink.com X-Mailer: PSILink-DOS (3.5.2) Attached is an ascii text version of the Commission's Rules for Amateur Radio (CFR 47 Part 97). It is being sent in 3 parts - this message is the first. These rules have been updated to include Commission action through November 8, 1993. PART 97 - AMATEUR RADIO SERVICE Table of Contents Subpart A - General Provisions 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 a renewed or modified license 97.21 Mailing address 97.23 License term 97.25 FCC modification of station license 97.27 Replacement license 97.29 Club and military recreation station call sign administration Subpart B - Station Operator 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 communications 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 Space telecommand station 97.213 Telecommand of an amateur station 97.215 Telecommand of model craft 97.216 Telemetry 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 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 Procedures 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 Amateur operator license examination 97.513 [Deleted] 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 Appendices Appendix 1 Places where the Amateur Services is regulated by the FCC Appendix 2 VEC regions 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 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. 97.3 Definitions. - (a) The definitions of terms used in Part 97: (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 transmitted signal is attenuated at least 26 dB below the mean power of the transmitted signal within the band. (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 480 N, 1200 W, thence along parallel 480 N, to the intersection of 950 W, thence by great circle arc through the southernmost point of Duluth, MN, thence by great circle arc to 450 N, 850 W, thence southward along meridian 850 W, to its intersection with parallel 410 N, thence along parallel 410 N, to its intersection with meridian 820 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 390 151 N on the north, 780 301 W on the east, 370 301 N on the south and 800 301 W on the west. (29) Physician. For the purposes of this part, a person who is licensed to practice in a place where the amateur service is regulated by the FCC, as either a Doctor of Medicine (M.D.) or a Doctor of Osteopathy (D.O.). (30) Question pool. All current examination questions for a designated written examination element. (31) Question set. A series of examination on a given examination selected from the question pool. (32) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party. (33) 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. (34) 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. (35) Repeater. An amateur station that automatically retransmits the signals of other stations. (36) Space station. An amateur station located more than 50 km above the Earth's surface. (37) Space telemetry. A one-way transmission from a space station of measurements made from the measuring instruments in a spacecraft, including those relating to the functioning of the spacecraft. (38) 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. (39) Telecommand. A one-way transmission to initiate, modify, or terminate functions of a device at a distance. (40) Telecommand station. An amateur station that transmits communications to initiate, modify or terminate functions of a space station. (41) Telemetry. A one-way transmission of measurements at a distance from the measuring instrument. (42) 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). (43) VE. Volunteer examiner. (44) 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 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. 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 licensee. (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. 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. 97.9 Operator license. - (a) There are 5 classes of operator li- censes: Novice, Technician, General, Advanced and Amateur Extra. An oper- ator 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 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. 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 1.1301-1.1319 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 97.121 of this part. Geographical coordinates of the facilities that require protection are listed in 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 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 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 shorter 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. 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. Each application for a new amateur service club or military recreation station license must be made on FCC Form 610-B. No new license for a 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, 1270 Fairfield Road, Gettysburg, PA 17325-7245. (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 primary station. The FCC will issue public announcements detailing the policies and procedures of the primary station call sign assignment system. The FCC will not grant any request for a specific call sign. (g) Each application for a new amateur service club or military recreation station license must be submitted to a club and military recreation station call sign administrator. 97.19 Application for a renewed or modified license. - (a) Each ap- plication for a renewed or modified operator/primary station license must be made on FCC Form 610. Each application for a renewed or modified 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, unless it has been lost, mutilated or destroyed. Each application for a modified operator license involving a change in operator class must be submitted to the VEs administering the qualifying examination. Each application for a modified or renewed amateur service club or military recreation station license must be made on FCC Form 610-B and submitted to the club and military recreation station call sign administrator that provided it. All other applications must be submitted to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. (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. - Each application for an amateur service license and each application for a reciprocal permit for alien amateur licensee must show a mailing address 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. 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. 97.25 FCC modification of station license. - (a) The FCC may mod- ify 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 USC 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, 1270 Fairfield Road, Gettysburg, PA 17325-7245. 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. 97.29 Club and military recreation station call sign administration. - No organization may serve as an amateur service club and military recreation station call sign administrator unless it has entered into a written agreement with the FCC. The FCC will issue public announcements listing the club and military recreation station call sign administrators. Each club and military recreation station call sign administrator must abide by the terms of the agreement. Each club and military recreation station call sign administrator must: (a) Be an organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986 and that exists for the purpose of furthering the amateur service; (b) Be an organization whose membership includes at least one percent of the amateur operators licensed by the FCC; (c) Be capable of serving as a club and military recreation station call sign administrator in all places where the amateur service is regulated by the FCC; (d) Accept and process all properly completed license application Forms 610-B received from qualified club and military recreation station license trustees or custodians and submit them to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245; (e) Not charge the applicants any fee or accept any form of reimbursement for services provided as an amateur service club and military recreation station call sign administrator; (f) Accept and process applications from applicants for club or military recreation station licenses, under 97.5(d)(2) and (3) of this part, without regard to race, sex, religion, national origin or membership (or lack thereof) in any amateur service organization; (g) Provide the FCC with a license document, including the unique station call sign, ready for endorsement and mailing within 10 days of receipt of a properly completed application for a club or military recreation station license; (h) Provide the FCC each month, in a format specified by the FCC, a data file of license documents processed during that month; (i) Issue public announcements detailing the policies and procedures of the club and military recreation station call sign assignment system; (j) Accept and respond to inquiries concerning club and military recreation station applications and license matters; (k) Provide the FCC with a plan for processing applications for modified or renewed amateur service club or military recreation station licenses in the event that the organization ceases to function as a club and military recreation station call sign administrator. Subpart B - Station Operation Standards 97.101 General standards. - (a) In all respects not specifically covered by FCC Rules each amateur station must be operated in accordance with good engineering and good amateur practice. (b) Each station licensee and each control operator must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. No frequency will be assigned for the exclusive use of any station. (c) At all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES. (d) No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal. 97.103 Station licensee responsibilities. - (a) The station licensee is responsible for the proper operation of the station in accordance with the FCC Rules. When the control operator is a different amateur operator than the station licensee, both. persons are equally responsible for proper operation of the station. (b) The station licensee must designate the station control operator. The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary is in the station records. (c) The station licensee must make the station and the station records available for inspection upon request by an FCC representative. When deemed necessary by an EIC to assure compliance with the FCC Rules, the station licensee must maintain a record of station operations containing such items of information as the EIC may require in accord with 0.314(x) of the FCC Rules. 97.105 Control operator duties. - (a) The control operator must ensure the immediate proper operation of the station, regardless of the type of control. (b) A station may only be operated in the manner and to the ex- tent permitted by the privileges authorized for the class of operator license held by the control operator. 97.107 Alien control operator privileges. - (a) The privileges available to a control operator holding an amateur service license issued by the Government of Canada are: (1) The terms of the Convention Between the United States and Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country; (2) The operating terms and conditions of the amateur service license issued by the Government of Canada; and (3) The applicable provisions of the FCC Rules, but not to exceed the control operator privileges of an FCC-issued Amateur Extra Class operator license. (b) The privileges available to a control operator holding an FCC- issued reciprocal permit for alien amateur licensee are: (1) The terms of the agreement between the alien's government and the United States; (2) The operating terms and conditions of the amateur service license issued by the alien's government; (3) The applicable provisions of the FCC Rules, but not to exceed the control operator privileges of an FCC-issued Amateur Extra Class operator license; and (4) None, if the holder of the reciprocal permit has obtained an FCC-issued operator/primary station license. (c) At any time the FCC may, in its discretion, modify, suspend, or cancel the amateur service privileges within or over any area where radio services are regulated by the FCC of any Canadian amateur service licensee or alien reciprocal permittee. 97.109 Station control. - (a) Each amateur station must have at least one control point. (b) When a station is being locally controlled, the control operator must be at the control point. Any station may be locally controlled. (c) When a station is being remotely controlled, the control operator must be at the control point. Any station may be remotely controlled. (d) When a station is being automatically controlled, the control operator need not be at the control point. Only stations transmitting RTTY or data emissions on the 6 m or shorter wavelength bands, and stations specifically designated elsewhere in this part may be automatically controlled. Automatic control must cease upon notification by an EIC that the station is transmitting improperly or causing harmful interference to other stations. Automatic control must not be resumed without prior approval of the EIC. (e) No station may be automatically controlled while transmitting third-party communications, except a station retransmitting digital packet radio communications on the 6 m and shorter wavelength bands. Such stations must be using the American Radio Relay League, Inc. AX. 25 Amateur Packet-Radio Link-Layer Protocol, Version 2.0, October 1984 (or compatible). The retransmitted messages must originate at a station that is being locally or remotely controlled. 97.111 Authorized transmissions. - (a) An amateur station may transmit the following types of two-way communications: (1) Transmissions necessary to exchange messages with other stations in the amateur service, except those in any country whose administration has given notice that it objects to such communications. The FCC will issue public notices of current arrangements for international communications; (2) Transmissions necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications; (3) Transmissions necessary to exchange messages with a United States government station, necessary to providing communications in RACES; and (4) Transmissions necessary to exchange messages with a station in a service not regulated by the FCC, but authorized by the FCC to communicate with amateur stations. An amateur station may exchange messages with a participating United States military station during an Armed Forces Day Communications Test. (b) In addition to one-way transmissions specifically authorized elsewhere in this part, an amateur station may transmit the following types of one-way communications: (1) Brief transmissions necessary to make adjustments to the station; (2) Brief transmissions necessary to establishing two-way communications with other stations; (3) Telecommand; (4) Transmissions necessary to providing emergency communications; (5) Transmissions necessary to assisting persons learning, or improving proficiency in, the international Morse code; (6) Transmissions necessary to disseminate information bulletins; and (7) Transmissions of telemetry. 97.113 Prohibited transmissions. - (a) No amateur station shall transmit: (1) Communications specifically prohibited elsewhere in this part; (2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules; (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer. Amateur operators may, however, notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis; (4) Music using a phone emission except as specifically provided elsewhere in this section; communications intended to facilitate a criminal act; messages in codes or ciphers intended to obscure the meaning thereof, except as otherwise provided herein; obscene or indecent words or language; or false or deceptive messages, signals or identification; (5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services. (b) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications except as specifically provided in these rules; nor shall an amateur station engage in any activity related to program production or news gathering for broadcasting purposes, except that communications directly related to the immediate safety of human life or the protection of property may be provided by amateur stations to broadcasters for dissemination to the public where no other means of communication is reasonably available before or at the time of the event. (c) A control operator may accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution. (d) The control operator of a club station may accept compensation for the periods of time when the station is transmitting telegraphy practice or information bulletins, provided that the station transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules operations on at least six amateur service MF and HF bands using reasonable measures to maximize coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmissions; and where the control operator does not accept any direct or indirect compensation for any other service as a control operator. (e) No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, except propagation and weather forecast information intended for use by the general public and originated from United States Government stations and communications, including incidental music, originating on United States Government frequencies between a space shuttle and its associated Earth stations. Prior approval for shuttle retransmissions must be obtained from the National Aeronautics and Space Administration. Such retransmissions must be for the exclusive use of amateur operators. Propagation, weather forecasts and shuttle retransmissions may not be conducted on a regular basis, but only occasionally, as an incident of normal amateur radio communications. (f) No amateur station, except an auxiliary, repeater, or space station, may automatically retransmit the radio signals of other amateur station.