Date="04/02/93" Citation="58 FR 17375" Group="commerce" Type="PROPOSED RULE" Department="FEDERAL COMMUNICATIONS COMMISSION" Agency="FEDERAL COMMUNICATIONS COMMISSION" Subject="Message Forwarding Systems in the Amateur Service"

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 97 [PR Docket No. 93-85; FCC 93-154]. Message Forwarding Systems in the Amateur Service AGENCY: Federal Communications Commission. ACTION: Proposed rule.

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 97 [PR Docket No. 93-85; FCC 93-154]. Message Forwarding Systems in the Amateur Service AGENCY: Federal Communications Commission. ACTION: Proposed rule. ------------------------------------------------------------ SUMMARY: This action proposes to amend the rules for the amateur service by modifying the Commission's compliance policy for stations participating in message forwarding and voice repeater systems. This action addresses six petitions for rulemaking concerning amateur stations participating in message forwarding systems. The petitioners indicate that 97.103(a) of the Commission's rules, 47 CFR 97.103(a), hampers unnecessarily the operation of high speed message forwarding systems and repeaters. They claim that the potential for transmitting large numbers of messages in these systems cannot be achieved because this section does not distinguish between the responsibilities of the station originating and those only forwarding or repeating violative communications. The effect of the proposed rule would be to hold the licensee and control operator of the station originating the message and the control operator of the first forwarding station accountable for communications transmitted within a message forwarding system. DATES: Comments must be filed on or before July 1, 1993. Reply comments must be filed on or before August 1, 1993. ADDRESSES: Federal Communications Commission, 1919 M Street, NW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: William T. Cross, Federal Communications Commission, Private Radio Bureau, Personal Radio Branch, Washington, DC 20554, (202) 632-4964. SUPPLEMENTARY INFORMATION: The Commission's Notice of Proposed Rule Making, adopted March 18, 1993, and released March 29, 1993, is available for inspection and copying during normal business hours in the FCC Dockets Branch (room 239) 1919 M Street, NW., Washington, DC. The complete text of this Notice of Proposed Rule Making, including the proposed rule amendments, may also be purchased from the Commission's copy contractor, International Transcription Service, (202) 857-3800, 2100 M Street, NW., suite 140, Washington, DC 20037. Summary of Notice of Proposed Rulemaking 1. This action proposes to amend the rules for the amateur service by modifying the Commission's compliance policy for stations participating in message forwarding and voice repeater systems. The proposed rules are set forth at the end of this document. 2. The proposal contained herein has been analyzed with respect to the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and found to contain no new or modified form, information collection and/or record keeping, labeling, disclosure, or record retention requirements and will not increase or decrease burden hours imposed on the public. 3. This is a non-restricted notice and comment rule making proceeding. See 1.1206(a) of the Commission's Rules, 47 CFR 1.1206(a), for provisions governing permissible ex parte contacts. 4. In accordance with Section 605 of the Regulatory Flexibility Act of 1980, 5 U.S.C. 605, the Commission certifies that these rule changes would not if promulgated, have a significant economic impact on a substantial number of small entities. The Amateur Radio Service may not currently be used to transmit any communication to facilitate the business or commercial affairs of any party. See 47 CFR 97.113(a). 5. This Notice of Proposed Rulemaking and the proposed rule amendments are issued under the authority of sections 4(i), 303(b), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(b), (g), and (r). 6. A copy of this Notice of Proposed Rulemaking will be forwarded to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 97 Compliance policy, Packet networks, Radio, Repeaters. Federal Communications Commission. Donna R. Searcy, Secretary. Proposed Rule Changes Part 97 of chapter I of title 47 of the Code of Federal Regulations is proposed to be amended as follows: PART 97-AMATEUR RADIO SERVICE 1. The authority citation for part 97 would continue 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. Section 97.3 would be amended by redesignating paragraphs (a)(28) through (a)(44) as paragraphs (a)(29) through (a)(45), respectively, adding a new paragraph (a)(28), and revising newly redesignated paragraph (a)(36) to read as follows: 97.3 Definitions. (a) * * * (28) Message forwarding system. A group of amateur stations participating in a voluntary, cooperative, interactive arrangement where communications are sent from the control operator of an originating station to the control operator of one or more destination stations by one or more forwarding stations. * * * * * (36) Repeater. An amateur station that instantaneously retransmits on a different channel the angle-modulated phone or image emission transmission of another amateur station. * * * * * 3. Section 97.109(e) would be revised to read as follows: 97.109 Station control. * * * * * (e) No station may be automatically controlled while transmitting third party communications, except a station participating as a forwarding station in a message forwarding system. 4. Section 97.205 would be amended by adding new paragraph (g) to read as follows: 97.205 Repeater station. * * * * * (g) The control operator of a repeater is not accountable for violative communications that the repeater retransmits inadvertently. 5. Subpart C of part 97 would be amended by adding new 97.217 to read as follows: 97.217 Message forwarding system. (a) Any amateur station may participate in a message forwarding system, subject to the privileges of the class of operator license held. (b) The control operator of the station originating a message and the control operator of the first station retransmitting that message are accountable for violative communications that are transmitted in a message forwarding system. The control operators of other stations inadvertently retransmitting violative communications in a message forwarding system are not accountable for the violative communications. [FR Doc. 93-7669 Filed 4-1-93; 8:45 am] BILLING CODE 6712-01-M