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COMBINE─ FEDERA╠ REGULATION╙ ¡ PAR╘ 9╖ ¡ AMATEU╥ RADI╧ SERVICE

Subpart A       General

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 radio 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) Amateur radio service. A radio communication service of
self-training, intercommunication, and technical investigation
carried on by amateur radio operators.
 (b) Amateur radio communication. Non-commercial radio
communication by or among amateur radio stations solely with a
personal aim and without pecuniary or business interest.
 (c) Amateur radio operator means a person holding a valid
license to operate an amateur radio station issued by the Federal
Communications Commission.
 (d) Amateur radio license. The instrument of authorization
issued by the Federal Communications Commission comprised of a
station license, and in the case of the primary station, also
incorporating an operator license.
 Operator license. The instrument of authorization including the
class of operator privileges.
 Station license. The instrument of authorization for a radio
station in the Amateur Radio Service.
 (e) Amateur radio station. A station licensed in the amateur
radio service embracing necessary apparatus at a particular
location used for amateur radio communication.
 (f) Primary station. The principal amateur radio station at a
specific land location shown on the station license.
 (g) Military recreation station. An amateur radio station
licensed to the person in charge of a station at a land location
provided for the recreational use of amateur radio operators,
under military auspices of the Armed Forces of the United States.
 (h) Club station. A separate amateur radio station licensed to
an amateur radio operator acting as a station trustee for a bona
fide amateur radio organization or society. A bona fide Amateur
Radio organization or society shall be composed of at least two
persons, one of whom must be a licensed amateur operator, and
shall have:
 (1) A name,
 (2) An instrument of organization (e.g., constitution),
 (3) Management, and
 (4) A primary purpose which is devoted to amateur radio
activities consistent with 97.1 and constituting the major
portion of the club's activities.
 (i) Line A. Line A begins at Aberdeen, Washington, running by
ègreat circle arc to the intersection of 48`N., 120`W., thence
along parallel 48`N., to the intersection of 95`W., thence by
great circle arc through the southernmost point of Duluth, Minn.,
thence by great circle arc to 45`N., 85`W., thence southward
along meridian 85`W., to its intersection with parallel 41`N.,
thence along parallel 41`N., to its intersection with meridian
82`W., thence by great circle arc through the southernmost point
of Bangor, Maine, thence by great circle arc through the
southernmost point of Searsport, Maine, at which point it
terminates.
 (j) Terrestrial location. Any point within the major portion of
the earth's atmosphere, including aeronautical, land and maritime
locations.
 (k) National Radio Quiet Zone. The area bounded by 39` 15 N on
the north, 78` 30 W on the east, 37` 30 N on the south and 80`
30 W on the west.
 (l) Amateur radio operation. Amateur radio communication
conducted by amateur radio operators from amateur radio stations,
including the following:
 Fixed operation. Radio communication conducted from the specific
geographical land location shown on the station license.
 Portable operation. Radio communication conducted from a
specific geographical location other than that shown on the
station license.
 Mobile operation. Radio communication conducted while in motion
or during halts at unspecified locations.
 Repeater operation. Radio communication other than auxiliary
operation, for retransmitting automatically the radio signals of
other amateur radio stations.
 Auxiliary operation. Radio communication for remotely
controlling other amateur radio stations, for automatically
relaying the radio signals of other amateur radio stations in a
system of stations, or for intercommunicating with other amateur
radio stations in a system of amateur radio stations.
 Beacon operation. One-way radio communication conducted in order
to facilitate measurement of radio equipment characteristics,
adjustment of radio equipment, observation of propagation or
transmission phenomena, or other related experimental activities.
 Radio control operation. One-way radio communication for
remotely controlling objects or apparatus other than amateur
radio stations.
 (m) Control means techniques used for accomplishing the
immediate operation of an Amateur Radio station. Control includes
one or more of the following:
 (1) Local control. Manual control, with the control operator
monitoring the operation on duty at the control point located at
a station transmitter with the associated operating adjustments
directly accessible. (Direct mechanical control, or direct wire
control of a transmitter from a control point located on board
any aircraft, vessel, or on the same premises on which the
transmitter is located, is also considered local control.)
 (2) Remote control. Manual control, with the control operator
monitoring the operation on duty at a control point located
elsewhere than at the station transmitter, such that the
associated operating adjustment are accessible through a control
link.
 (3) Automatic control means the use of devices and procedures
for control without the control operator being present at the
control point when the station is transmitting.
 (n) Control link. Apparatus for effecting remote control between
a control point and a remotely controlled station.
 (o) Control operator. An amateur radio operator designated by
the licensee of an amateur radio station to also be responsible
èfor the emissions from that station.
 (p) Control point. The operating position of an amateur radio
station where the control operator function is performed.
 (q) Antenna structures. Antenna structures include the radiating
system, its supporting structures, and any appurtenances mounted
thereon.
 (r) Harmful interference. Interference which seriously degrades,
obstructs or repeatedly interrupts the operation of a
radiocommunication service.
 (s) Transmitter. Apparatus for converting electrical energy
received from a source into radio-frequency electromagnetic
energy capable of being radiated.
 (t) Transmitting power. The radio frequency (RF) power generated
by operations of an amateur radio station, including the
following:
 (1) Transmitter power. The peak envelope power (output) present
at the antenna terminals (where the antenna feedline, or if no
feedline is used, the antenna, would be connected) of the
transmitter. The term "transmitter" includes any external radio
frequency power amplifier which may be used. Peak envelope power
is defined as the average power during one radio frequency cycle
at the crest of the modulation envelope, taken under normal
operating conditions.
 (2) Effective radiated power. The product of the transmitter
(peak envelope) power, expressed in watts, delivered to an
antenna, and the relative gain of the antenna over that of a
half-wave dipole antenna.
 (u) System network diagram. A diagram showing each station and
its relationship to the other stations in a network of stations,
and to the control point(s).
 (v) Third-party traffic. Amateur radio communication by or under
the supervision of the control operator at an amateur radio
station to another amateur radio station on behalf of anyone
other than the control operator.
 (w) Emergency communication. Any amateur radio communication
directly relating to the immediate safety of life of individuals
or the immediate protection of property.
 (x) Automatic retransmission. Retransmission of signals by an
amateur radio station whereby the retransmitting station is
actuated solely by the presence of a received signal through
electrical or electro-mechanical means, i.e., without any direct,
positive action by the control operator.
 (y) External radio frequency power amplifier. Any device which,
(1) when used in conjunction with a radio transmitter as a signal
source, is capable of amplification of that signal, and (2) is
not an integral part of the transmitter as manufactured.
 (z) External radio frequency power amplifier kit. Any number of
electronic parts, usually provided with a schematic diagram or
printed circuit board, which, when assembled in accordance with
instructions, results in an external radio frequency power
amplifier, even if additional parts of any type are required to
complete assembly.
 (aa) Frequency coordinator. An individual or organization
recognized in a local or regional area by amateur operators whose
stations are eligible to engage in repeater or auxiliary
operation which recommends frequencies and, where necessary,
associated operating and technical parameters for amateur
repeater and auxiliary operation in order to avoid or minimize
potential interference.
 (bb) Business communications. Any transmission or communication
the purpose of which is to facilitate the regular business or
commercial affairs of any party.
 (cc) Spread spectrum transmission. An information bearing
ètransmission in which information is conveyed by a modulated RF
carrier and where the bandwidth is significantly widened, by
means of a spreading function, over that needed to transmit the
information alone.  (dd) Coordinated station operation. The
repeater or auxiliary operation of an amateur station for which
the transmitting and receiving frequencies have been implemented
by the licensee in accordance with the recommendation of a
frequency coordinator.

Subpart B       Amateur Operator and Station Licenses

97.5 Classes of operator licenses
 Amateur Extra.
 Advanced.
 General.
 Technician.
 Novice.

97.7 Frequency privileges.
 The following transmitting frequency bands are available to
amateur radio stations having a control operator of the license
class designated, subject to the limitations of paragraph (g) of
this section:
 (a) Novice class:
Meter Terrestrial location of the amateur radio station
Meterl ITU Region 1x ITU Region 2x ITU Region 3x. (See para. (g))
                                        Limitations
        band    ITU Region 1    ITU Region 2    ITU Region 3    (see para. (g))
                        kilohertz
        80      3700-3750       3700-3750       3700-3750       1, 3, 32
                                        5167.5                  2
        40      7050-7075       7100-7150       7050-7075       1, 3, 32
        15      21100-21200     21100-21200     2100-21200      1, 32
        10      28100-28500     28100-28500     28100-28500     1
                        megahertz
         1.25   ----------      222.1-223.91    ----------      5
         0.23   1270-1295       1270-1295       1270-1295       5, 22
 (b) Technician class: All of the frequency bands listed in
paragraph (f), as well as the frequency bands in the following
table:
Meter Terrestrial location of the amateur radio station
Meterl ITU Region 1x ITU Region 2x ITU Region 3x. (See para. (g))
                                        Limitations
        band    ITU Region 1    ITU Region 2    ITU Region 3    (see para. (g))
                        kilohertz
        80      3700-3750       3700-3750       3700-3750       1, 3, 32
                                        5167.5                  2
        40      7050-7075       7100-7150       7050-7075       1, 3, 32
        15      21100-21200     21100-21200     21100-21200     1, 32
        10      28100-28500     28100-28500     28100-28500     1
 (c) General class: All of the frequency bands listed in
paragraph (f), as well as the frequency bands in the following
table:
Meter Terrestrial location of the amateur radio station
Meterl ITU Region 1x ITU Region 2x ITU Region 3x. (See para. (g))
                                        Limitations
        band    ITU Region 1    ITU Region 2    ITU Region 3    (see para. (g))
                        kilohertz
        160     1810-1850       1800-2000       1800-2000       3, 5, 21
        80      3525-3750       3525-3750       3525-3750       3, 32
        75                      3850-4000       3850-3900       3, 32
                                        5167.5                  2
        40      7025-7100       7025-7150       7025-7100       3, 32
è        40                      7225-7300                       3, 32
        30      10100-10150     10100-10150     10100-10150     28, 32
        20      14025-14150     14025-14150     14025-14150     32
        20      14225-14350     14225-14350     14225-14350     32
        15      21025-21200     21025-21200     21025-21200     32
        15      21300-21450     21300-21450     21300-21450     32
        12      24890-24990     24890-24990     24890-24990     29, 32
        10      28000-29700     28000-29700     28000-29700
 (d) Advanced class: All of the frequency bands listed in
paragraph (f), as well as the frequency bands in the following
table:
Meter Terrestrial location of the amateur radio station
Meterl ITU Region 1x ITU Region 2x ITU Region 3x. (See para. (g))
                                        Limitations
        band    ITU Region 1    ITU Region 2    ITU Region 3    (see para. (g))
                        kilohertz
        160     1810-1850       1800-2000       1800-2000       3, 5, 21
        80      3525-3750       3525-3750       3525-3750       3, 32
        75      3775-3800       3775-4000       3775-3900       3, 32
                                        5167.5                  2
        40      7025-7100       7025-7300       7025-7100       3, 32
        30      10100-10150     10100-10150     10100-10150     28, 32
        20      14025-14150     14025-14150     14025-14150     32
        20      14175-14350     14175-14350     14175-14350     32
        15      21025-21200     21025-21200     21025-21200     32
        15      21225-21450     21225-21450     21225-21450     32
        12      24890-24990     24890-24990     24890-24990     29, 32
        10      28000-29700     28000-29700     28000-29700
 (e) Amateur Extra class: All of the frequency bands listed in
paragraph (f), as well as the frequency bands in the following
table:
Meter Terrestrial location of the amateur radio station
Meterl ITU Region 1x ITU Region 2x ITU Region 3x. (See para. (g))
                                        Limitations
        band    ITU Region 1    ITU Region 2    ITU Region 3    (see para. (g))
                        kilohertz
        160     1810-1850       1800-2000       1800-2000       3, 5, 21
        80/75   3500-3800       3500-4000       3500-3900       3, 32
                                        5167.5                  2
        40      7000-7100       7000-7300       7000-7100       3, 32
        30      10100-10150     10100-10150     10100-10150     28, 32
        20      14000-14350     14000-14350     14000-14350     32
        15      21000-21450     21000-21450     21000-21450     32
        12      24890-24990     24890-24990     24890-24990     29, 32
        10      28000-29700     28000-29700     28000-29700
 (f) Frequency bands available to all amateur stations having a
control operator of the Technician, General, Advanced or Amateur
Extra class:
Meter Terrestrial location of the amateur radio station
Meterl ITU Region 1x ITU Region 2x ITU Region 3x. (See para. (g))
                                        Limitations
band    ITU Region 1    ITU Region 2    ITU Region 3    (see para. (g))
                megahertz
6                       50-54           50-54           3
2       144-146         144-148         144-148         3, 32
1.25                    220-225                         3, 4, 5
0.70    430-440         420-450         420-450         3, 5, 6, 7, 10, 30
0.35                    902-928                         3, 5, 8, 9
0.23    1240-1300       1240-1300       1240-1300       5, 11, 22
        2300-2310       2300-2310       2300-2310       3, 5, 12, 13
        2390-2450       2390-2450       2390-2450       3, 5, 13, 14
                        gigahertz
3.3-3.5 3.3-3.5                                 3, 5, 15, 16, 17
è5.650-5.850     5.650-5.925     5.650-5.850     3, 5, 18, 19, 20
10.0-10.5       10.0-10.5       10.0-10.5       5, 21, 22, 23, 31
24.00-24.25     24.00-24.25     24.00-24.25     3, 5, 22, 24, 26
47.0-47.2       47.0-47.2       47.0-47.2
75.5-81 75.5-81 75.5-81                         5, 21, 22
119.98-120.02   119.98-120.02   119.98-120.02   15, 25
142-149 142-149 142-149                         5, 15, 21, 22
241-250 241-250 241-250                         5, 21, 22, 27
above 300       above 300       above 300       15
 (g) Limitations:
 (1) Control operators holding the Novice or Technician class
operator license are limited to international Morse code when the
station is transmitting emission A1A in the 80, 40, 15 and 10
meter bands.
 (2) This band may only be used by Amateur stations in the State
of Alaska or within fifty nautical miles of the State of Alaska
for emergency communications with other stations authorized to
use this band in the State of Alaska. This frequency band is
shared with licensees in the Alaska-private fixed service who
may use it for certain non-emergency purposes.
 (3) Where, in adjacent regions or subregions, a band of
frequencies is allocated to different services of the same
category, the basic principle is the equality of right to
operate. Accordingly, the stations of each service in one region
or subregion must operate so as not to cause harmful interference
to services in the other regions or subregions. (See
International Telecommunication Union Radio Regulations, RR 346
(Geneva, 1979).)
 (4) This band is allocated to the amateur, fixed and mobile
services in the United States on a co-primary basis. The basic
principle which applies is the equality of right to operate.
Amateur, fixed and mobile stations must operate so as not to
cause harmful interference to each other.
 (5) Amateur stations in the 1900-2000 kHz, 220-225 MHz, 420-450
MHz, 902-928 MHz, 1240-1300 MHz, 2300-2310 MHz, 2390-2450 MHz,
3.3-3.5 GHz, 5.650-5.925 GHz, 10.0-10.5 GHz, 24.05-24.25 GHz, 76-
81 GHz, 144-149 GHz and 241-248 GHz bands must not cause harmful
interference to stations in the Government radiolocation service
and are not protected from interference due to the operation of
stations in the Government radiolocation service.
 (6) No amateur station shall operate north of Line A (see
97.3(i)) in the 420-430 MHz band.
 (7) The 420-430 MHz band is allocated to the Amateur service in
the United States on a secondary basis, but is allocated to the
fixed and mobile (except aeronautical mobile) services in the
International Table of Allocations on a primary basis. Therefore,
amateur stations in this band must not cause harmful interference
to stations authorized by other nations in the fixed and mobile
(except aeronautical mobile) services and are not protected from
interference due to the operation of stations authorized by other
nations in the fixed and mobile (except aeronautical mobile)
services.
 (8) In the 902-928 MHz band, amateur stations shall not operate
within the States of Colorado and Wyoming, bounded by the area
of: latitude 39 degrees N to 42 degrees N, and longitude 105
degrees W to 108 degrees W. Also in this band, amateur stations
shall not operate in those portions of the states of Texas and
New Mexico bounded on the south by latitude 31 degrees 41 N, on
the east by longitude 104 degrees 11 W, on the north by latitude
34 degrees 30 N, and on the west by longitude 107 degrees 30 W.
 (9) This band is allocated on a secondary basis to the Amateur
service subject to not causing harmful interference to the
operations of government stations authorized in this band or to
èAutomatic Vehicle Monitoring (AVM) systems authorized under
Section 90.239. Stations in the Amateur service are not protected
from any interference due to operation of industrial, scientific
and medical (ISM) devices, AVM systems or government stations
authorized in this band.
 (10) The 430-440 MHz band is allocated to the Amateur service on
a secondary basis in ITU Regions 2 and 3. Amateur stations in
this band in ITU Regions 2 and 3 must not cause harmful
interference to stations authorized by other nations in the
radiolocation service and are not protected from interference due
to the operation of stations authorized by other nations in the
radiolocation service. In ITU Region 1 the 430-440 MHz band is
allocated to the Amateur service on a co-primary basis with the
radiolocation service. As between these two services in this band
in Region 1 the basic principle which applies is the equality of
right to operate. Amateur stations authorized by the United
States and radiolocation stations authorized by other nations in
Region 1 must operate so as not to cause harmful interference to
each other.
 (11) In the 1240-1260 MHz band amateur stations must not cause
harmful interference to stations authorized by other nations in
the radionavigation-satellite service and are not protected from
interference due to the operation of stations authorized by other
nations in the radionavigation-satellite service.
 (12) In the United States, the 2300-2310 MHz band is allocated
to the Amateur service on a co-secondary basis with the
Government fixed and mobile services. In this band, the fixed and
mobile services must not cause harmful interference to the
Amateur service.
 (13) In the 2300-2310 MHz and 2390-2450 MHz bands, the Amateur
service is allocated on a secondary basis in all ITU Regions. In
ITU Region 1, stations in the Amateur service must not cause
harmful interference to stations authorized by other nations in
the fixed service, and are not protected from interference due to
the operation of stations authorized by other nations in the
fixed service. In ITU Regions 2 and 3, stations in the Amateur
service must not cause harmful interference to stations
authorized by other nations in the fixed, mobile and
radiolocation services, and are not protected from interference
due to the operation of stations authorized by other nations in
the fixed, mobile and radiolocation services.
 (14) Amateur stations in the 2400-2450 MHz band are not
protected from interference due to the operation of industrial,
scientific and medical devices on 2450 MHz.
 (15) Amateur stations in the 3.332-3.339 GHz, 3.3458-3.3525 GHz,
119.98-120.02 GHz, 144.68-144.98-GHz, 145.45-145.75 GHz, 146.82-
147.12 GHz and 343-348 GHz bands must not cause harmful
interference to stations in the radio astronomy service. Amateur
stations in the 300-302 GHz, 324-326 GHz, 345-347 GHz, 363-365
GHz and 379-381 GHz bands must not cause harmful interference to
stations in the space research service (passive) or Earth
exploration-satellite service (passive).
 (16) In both ITU Regions 2 and 3 the 3.3-3.5 GHz band is
allocated to the Amateur service on a secondary basis. In the
3.3-3.4 GHz band amateur stations must not cause harmful
interference to stations authorized by other nations in the
radiolocation service, and are not protected from interference
due to the operation of stations authorized by other nations in
the radiolocation service. In the 3.4-3.5 GHz band amateur
stations must not cause harmful interference to stations
authorized by other nations in the fixed and fixed-satellite
services, and are not protected from interference due to the
operation of stations authorized by other nations in the fixed
èand fixed-satellite services.
 (17) In the United States the 3.3-3.5 GHz band is allocated to
the amateur service on a co-secondary basis with the non-
government radiolocation service.
 (18) In the 5.650-5.725 GHz band, the Amateur service is
allocated in all ITU regions on a co-secondary basis with the
space research (deep space) service. In the 5.725-5.850 GHz band
the Amateur service is allocated in all ITU regions on a
secondary basis. In the 5.650-5.850 GHz band amateur stations
must not cause harmful interference to stations authorized by
other nations in the radiolocation service, and are not protected
from interference due to the operation of stations authorized by
other nations in the radiolocation service. In the 5.725-5.850
GHz band amateur stations must not cause harmful interference to
stations authorized by other nations in the fixed-satellite
service in ITU Region 1, and are not protected from interference
due to the operation of stations authorized by other nations in
the fixed-satellite service in ITU Region 1. In the 5.850-5.925
GHz band the Amateur service is allocated in ITU Region 2 on a
co-secondary basis with the radiolocation service. In the 5.850-
5.925 GHz band amateur stations must not cause harmful
interference to stations authorized by other nations in the
fixed, fixed-satellite and mobile services, and are not protected
from interference due to the operation of stations authorized by
other nations in the fixed, fixed-satellite and mobile services.
 (19) In the United States, the 5.850-5.925 GHz band is allocated
to the Amateur service on a secondary basis to the non-government
fixed-satellite service. In the 5.850-5.925 GHz band amateur
stations must not cause harmful interference to stations in the
non-government fixed- satellite service and are not protected
from interference due to the operation of stations in the non-
government fixed-satellite service.
 (20) Amateur stations in the 5.725-5.875 GHz band are not
protected from interference due to the operation of industrial,
scientific and medical devices on 5.8 GHz.
 (21) Amateur stations in the 1900-2000 kHz, 10.45-10.50 GHz, 76-
81 GHz, 144-149 GHz and 241-248 GHz bands must not cause harmful
interference to stations in the non-government radiolocation
service and are not protected from interference due to the
operation of stations in the non- government radiolocation
service.
 (22) Amateur stations in the 1240-1300 MHz, 10.0-10.5 GHz,
24.05-24.25 GHz, 76-81 GHz, 144-149 GHz and 241-248 GHz bands
must not cause harmful interference to stations authorized by
other nations in the radiolocation service and are not protected
from interference due to the operation of stations authorized by
other nations in the radiolocation service.
 (23) In the 10.00-10.45 GHz band in ITU Regions 1 and 3 amateur
stations must not cause harmful interference to stations
authorized by other nations in the fixed and mobile services, and
are not protected from interference due to the operation of
stations authorized by other nations in the fixed and mobile
services.
 (24) In the United States, the 24.05-24.25 GHz band is allocated
to the Amateur service on a co-secondary basis with the non-
government radiolocation and Government and non-government Earth
exploration-satellite (active) services.
 (25) The 119.98-120.02 GHz band is allocated to the Amateur
service on a secondary basis. Amateur stations in this band must
not cause harmful interference to stations operating in the
fixed, inter-satellite and mobile services, and are not protected
from interference caused by the operation of stations in the
fixed, inter-satellite and mobile services.
è (26) Amateur stations in the 24.00-24.25 GHz band are not
protected from interference due to the operation of industrial,
scientific and medical devices on 24.125 GHz.
 (27) Amateur stations in the 244-246 GHz band are not protected
from interference due to the operation of industrial, scientific
and medical devices on 245 GHz.
 (28) Amateur stations in the 10100-10150 kHz band must not cause
harmful interference to stations authorized by other nations in
the fixed service. Amateur stations shall make all necessary
adjustments (including termination of transmission) if harmful
interference is caused.
 (29) Until July 1, 1989, amateur stations in this band must not
cause harmful interference to stations authorized by other
nations in the fixed and mobile services. Amateur stations must
make all necessary adjustments (including termination of
transmission) if harmful interference is caused.
 (30) Amateur stations in the 449.5-450 MHz band must not cause
interference to and are not protected from interference due to
the operation of stations in the space operation service, the
space research service, or for space telecommand.
 (31) In the United States, the 10.0-10.5 GHz band is allocated
to the Amateur service on a co-secondary basis with the non-
government radiolocation service.
 (32) Amateur stations in these bands may be used for
communications related to relief operations in connection with
natural disasters. See Appendix 6 to this Part.

97.9 Eligibility for new operator license.
 Anyone except a representative of a foreign government is
eligible for an amateur operator license.

97.11 Application for operator license.
 (a) An application (FCC Form 610) for a new operator license,
including an application for change in operating privileges which
will require an examination, shall be submitted in accordance
with the provisions of 97.26.
 (b) An application (FCC Form 610) for renewal and/or
modification of license when no change in operating privileges is
involved shall be submitted to the Commission's office at
Gettysburg, Pennsylvania 17325.

97.13 Renewal or modification of operator license.
 (a) An amateur operator license may be renewed upon proper
application.
 (b) The applicant shall qualify for a new license by examination
if the requirements of this section are not fulfilled.
 (c) Application for renewal and/or modification of an amateur
operator license shall be submitted on FCC Form 610 and shall be
accompanied by the applicant's license or a photocopy thereof.
Application for renewal of unexpired licenses must be made during
the license term and should be filed within 90 days, but not
later than 30 days, prior to the end of the license term. In any
case in which the licensee has, in accordance with the provisions
of this chapter, made timely and sufficient application for
renewal of an unexpired license, no license with reference to any
activity of a continuing nature shall expire until such
application shall have been finally determined.
 (d) If a license is allowed to expire, application for renewal
may be made during a grace period of two years after the
expiration date. During this grace period, an expired license is
not valid. A license renewed during the grace period will be
dated currently and will not be backdated to the date of its
expiration. Application for renewal shall be submitted on FCC
èForm 610 and shall be accompanied by the applicant's expired
license or a photocopy thereof.
OPERATOR LICENSE EXAMINATIONS

97.19 When examination is required.
 Examination is required for the issuance of a new amateur
operator license, and for a change in class of operating
privileges. Credit may be given, however, for certain elements of
examination as provided in 97.25.

97.21 Examination elements and standards.
 (a) A telegraphy examination shall be such as to prove that a
person has the ability to send correctly by hand and to receive
correctly by ear texts in the International Morse code at the
speed listed for the appropriate examination element.
  (1) Element 1(A): Five (5) words per minute;
  (2) Element 1(B): Thirteen (13) words per minute;
  (3) Element 1(C): Twenty (20) words per minute.
 (b) A telegraphy examination shall consist of a prepared message
containing all the letters of the alphabet, numerals 0-9, period,
comma, question mark, AR, SK, BT, and DN. No telegraphy message
known to the candidate shall be administered in a telegraphy
receiving examination.
 (c) A written examination shall be such as to prove that a
person possesses the operational and technical qualifications
required to perform properly the duties of an amateur radio
licensee. Each written examination shall be comprised of a
question set, as follows:
  (1) Element 2: At least 30 questions concerning the privileges
of Novice class licensees;
  (2) Element 3(A): At least 25 questions concerning the
additional privileges of Technician class licensees;
  (3) Element (3B): At least 25 questions concerning the
additional privileges of General class licensees;
  (4) Element 4(A): At least 50 questions concerning the
additional privileges of Advanced class licensees;
  (5) Element 4(B): At least 40 questions concerning the
additional privileges of Amateur Extra class licensees;
 (d) The topics and percentage of questions in each question set
shall be that listed for the appropriate examination element.
(1)m Federal Communications Commission'sm 35. 35. 35. 35.
10.
Elements
                        Topic                   2       3(A)    3(B)    4(A)    4(B)
(1)     Federal Communications Commission's
        Rules for the Amateur Radio service     35      20      16      12      20
(2)     Amateur station operating procedures     5      12      12       2      10
(3)     Radio wave propagation characteristics of
        amateur frequency bands                  5      12      12       4       5
(4)     Amateur Radio Practices                 15      16      20       8      10
(5)     Electrical principles as applied to
        amateur station equipment               15       8       8      20      15
(6)     Amateur station equipment circuit
        components                              5        8       4      12      10
(7)     Practical circuits employed in amateur
        station equipment                       5        4       4      20      10
(8)     Signals and emissions transmitted by
        amateur stations                        5        8       8      12      10
(9)     Amateur station antennas and feed lines 10      12      16      10      10

97.23 Examination requirements.
 Applicants for operator licenses will be required to pass the
following examination elements;
è (a) Amateur Extra: Elements 1(C), 2, 3(A), 3(B), 4(A) and 4(B);
 (b) Advanced: Elements 1(B), 2, 3(A), 3(B) and 4(A);
 (c) General: Elements 1(B), 2, 3(A) and 3(B);
 (d) Technician: Elements 1(A), 2 and 3(A);
 (e) Novice: Elements 1(A) and 2.

97.25 Examination credit.
 (a) An applicant for a higher class of amateur operator license
who holds a valid amateur operator license issued by the Federal
Communications Commission will be given credit, as follows:
  (1) Novice: Elements 1(A) and 2;
  (2) Technician: Elements 1(A), 2 and 3(A)
  (3) General: Elements 1(B), 2, 3(A) and 3(B);
  (4) Advanced: Elements 1(B), 2, 3(A), 3(B) and 4(A).
 (b) Upon presentation of a certificate of successful completion
of an examination (see Section 97.28(e)) for any examination
element examiners shall give applicants for Amateur Radio
operator licenses examination credit for any element that has
been successfully completed within the previous 365 days.
Examiners shall give applicants credit for Element 1(A) or 2 upon
presentation of a photocopy of FCC Form 610 which has been
submitted to the FCC indicating the applicant has qualified for
the Novice operator license within the previous 365 days.
 (c) A person who applies for an amateur operator license will be
given credit for any telegraphy element if that person holds a
commercial radiotelegraph operator license or permit issued by
the Federal Communications Commission, or has held one within 5
years of the Commission's receipt of that person's application
for an amateur operator license.
 (d) No examination credit, except as herein provided, shall be
allowed on the basis of holding or having held any amateur or
commercial operator license.
 (e) An applicant holding a Technician operator license issued
before March 21, 1987 will be given credit for Elements 1(A), 2,
3(A) and 3(B).

97.26 Examination procedure.
 (a) Each examination for an amateur operator license must be
administered at a place and time chosen by the examiner(s). The
number of candidates at any examination session may be limited.
Public announcement must be made before all examinations for
elements 1(B), 1(C), 3, 4(A) or 4(B).
 (b) The examiner(s) must be present and observing the candidate
throughout the entire examination.
 (c) The examiner(s) will be responsible for the proper conduct
and necessary supervision during each examination.
 (d) Each candidate for an amateur radio license, which requires
the applicant to pass one or more examination elements, must
present the examiner(s) with a properly completed FCC Form 610 on
or before the registration deadline date for those examination
sessions for which registration is required; otherwise,
applicants shall submit FCC Form 610 at the examination session
before the start of the examination(s). In cases where a
registration deadline is required, it shall be specified by the
VEC that issues the examination papers to the examiner.
 (e) The candidate shall comply with the instructions given by
the examiner(s). The examiner(s) must immediately terminate the
examination upon failure of the candidate to comply with the
examiner(s)' instructions.
 (f) At the completion of the examination, the candidate shall
return all test papers to the examiner(s).
 (g) A candidate whose physical disabilities require special
procedures to allow participation in examination sessions shall
èattach a statement to his/her application. For examinations other
than Novice Class the statement shall be retained in the files of
the VEC that issues the test papers. The statement for Novice
Class examinations shall be retained by the examiner for one
year. The statement shall include:
 (1) a physician's certification indicating the nature of the
disability; AND
 (2) the name(s) of the person(s) taking and transcribing the
applicant's dictation of test questions and answers, if such a
procedure is necessary.
 (h) (reserved)

97.27 Volunteer examiner examination preparation.
 (a) Each examination administered for the Novice operator
license shall be prepared by the administering volunteer
examiner.
 (b) Each examination administered for the Technician, General,
Advanced or Amateur Extra operator license shall be prepared by
the administering volunteer examiners according to instructions
from their coordinating VEC, or obtained by the administering
volunteer examiners from the coordinating VEC that accredited
them. See Section 97.517.
 (c) Neither the same telegraphy message nor the same question
set may be readministered to the same person.
 (d) Each VEC and each volunteer examiner must hold telegraphy
messages and question sets for current and future examinations in
confidence. No examination which has been compromised shall be
administered to any candidate.

97.28 Examination administration.
 (a) Unless otherwise prescribed by the Federal Communications
Commission, each examination for an amateur radio operator
license (except the Novice operator license) shall be
administered by three accredited (see 97.515) volunteer
examiners. A volunteer examiner administering element 1(A) or
element 2 (in conjunction with an examination other than a Novice
operator examination), or element 3(A), must hold an Amateur
Extra or Advanced radio operator license issued by the Federal
Communications Commission. A volunteer examiner administering
element 1(B), element 1(C), element 3(B), element 4(A), or
element 4(B) must hold an Amateur Extra operator license issued
by the Federal Communications Commission.
 (b) Unless otherwise prescribed by the Federal Communications
Commission, each examination for a Novice operator license shall
be administered by two volunteer examiners. The volunteer
examiners do not have to be accredited. The volunteer examiners
must hold current General, Advanced or Amateur Extra operator
licenses issued by the Federal Communications Commission.
 (c) Upon completion of an examination element, the examiner(s)
shall immediately grade the test papers.
 (d) When the candidate does not score a passing grade on an
examination element, the examiner(s) shall so inform the
candidate by providing the percentage of questions answered
correctly, and by returning the application (see 97.26) to the
candidate. For examinations other than Novice Class examinations,
the test papers, including answer sheets, shall be returned to
the VEC that issued them. For Novice Class examinations, the test
papers, including answer sheets, must be retained as part of the
volunteer examiner's station records for one year from the date
the examination is administered.
 (e) A certificate of successful completion of an examination
will be issued by the examiners to an applicant who successfully
completes an examination element coordinated by a VEC under
èSubpart I. A certificate is valid for a period of 365 days from
the date of its issuance.
 (f) When the candidate scores a passing grade on all examination
elements required for the operator license class sought (see
97.23), the examiners shall certify to the following information
on the candidate's application form (see 97.26):
 (1) Examiners' names and amateur radio station call signs;
 (2) Examiners' qualifications to administer the examination;
(see 97.31); AND
 (3) Examiners' signed statements that the applicant has passed
the required examination elements.
 (g) Within ten days of the administration of a successful
examination for the Novice Class operator license, the examiner
shall submit the candidate's application to:
 Federal Communications Commission
 Gettysburg, Pennsylvania 17326
 (h) Within ten days of the administration of a successful
examination for the Technician, General, Advanced or Amateur
Extra Class operator license, the examiners shall submit the
successful candidates' applications and all test papers to the
VEC that originally issued that test.
 (i) The FCC reserves the right, without qualification, to:
 (1) administer examinations itself; OR
 (2) readminister examinations itself or under the supervision of
an examiner designated by the FCC, to any person who obtained an
operator license above the Novice Class through the volunteer
examination process.
 (j) If a licensee fails to appear for readministration of an
examination pursuant to paragraph (i)(2) of this section, or does
not successfully complete the examination element(s) which are
readministered, the licensee's operator license is subject to
cancellation; in an instance of such cancellation, the licensee
will be issued an operator license consistent with the completed
examination elements which have not been invalidated by not
appearing for or failing readministration of an examination.

97.29 Examination grading.
 (a) Each examination element shall be graded separately by the
examiners. The examiners are responsible for determining the
correctness of the candidate's answers.
 (b) An applicant passes a written examination if he/she answers
at least 74 percent of the questions correctly.
 (c) An applicant passes a code element examination if he/she
proves his/her ability to transmit correctly by hand key
(straight key, or, if supplied by the applicant, any other type
of hand operated key such as a semi-automatic or electronic key,
but not a keyboard keyer) and to receive correctly by ear texts
in the international Morse code at not less than the prescribed
speed during a five-minute test period. Each five characters
shall be counted as one word. Each punctuation mark and numeral
shall be counted as two characters.

97.31 Volunteer examiner requirements.
 (a) Each volunteer examiner administering an examination for an
amateur radio operator license must:
 (i) be at least 18 years of age; AND
 (ii) not be related to the candidate.
 (b) Any person who owns a significant interest in, or is an
employee of, any company or other entity which is engaged in the
manufacture or distribution of equipment used in connection with
amateur radio transmissions, or in the preparation or
distribution of any publication used in preparation for obtaining
amateur station operator licenses, is ineligible to be a
èvolunteer examiner for purposes of administering an amateur radio
operator examination. However, a person 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 a volunteer examiner.
 (c) Volunteer examiners may not be compensated for services.
They may be reimbursed for out-of-pocket expenses, except for
Novice class examinations (see 97.36).
 (d) Each volunteer examiner administering an examination for the
Technician, General, Advanced or Amateur Extra Class operator
license must be accredited by the Volunteer-Examiner Coordinator
(see Subpart I).
 (e) The FCC will not accept the services of any person seeking
to be a volunteer examiner if that person's amateur radio station
license or amateur radio station operator's license has ever been
revoked or suspended.

97.33 Volunteer examiner conduct.
 No volunteer examiner shall give or certify any examination by
fraudulent means or for monetary or other consideration.
Violation of this provision may result in the revocation of the
amateur radio station license and the suspension of the amateur
radio operator license of the volunteer examiner. This does not
preclude a volunteer examiner from accepting reimbursement for
out-of-pocket expenses under 97.36. Reimbursement in any amount
in excess of that permitted may result in the sanctions specified
herein.

97.35 Temporary operating authority.
 Unless the FCC otherwise prescribes, an applicant already
licensed in the Amateur Radio Service, upon successfully
completing the amateur radio examination(s) required for a higher
class, may operate an amateur radio station consistent with the
rights and privileges of the higher class for a period of one
year from the date of the most recently completed examination for
that operator class provided that the applicant retains the
certificate(s) for successful completion of the examination(s)
(see 97.28(e)) at the station location, provided that the
applicant uses the identifier code of the new class of license
for which the applicant has qualified (KT for Technician Class,
AG for General Class, AA for Advanced Class and AE for Amateur
Extra Class) as a suffix to the present call sign (see 97.84),
and provided that the FCC has not yet acted upon the application
for a higher class of license.

97.36 Reimbursement for expenses.
 (a) Each volunteer examiner coordinator and each volunteer
examiner may be reimbursed by examinees for out-of-pocket
expenses incurred in preparing, processing or administering
examinations for amateur station operator licenses above the
Novice class. The volunteer examiner coordinator or the volunteer
examiners must collect the reimbursement fee, if any, from the
examinees. No reimbursement may be accepted for preparing,
processing or administering Novice class examination.
 (b) The maximum amount of reimbursement is $4.00 for 1984 and
will be adjusted annually each January 1 thereafter for changes
in the Department of Labor Consumer Price Index. Changes in the
maximum amount of reimbursement will be announced by the
Commission in a Public Notice. The amount of such reimbursement
fee from any examinee for any one examination at a particular
session regardless of the number of examination elements taken
èmust not exceed the published maximum.
 (c) Each volunteer examiner coordinator and each volunteer
examiner who accepts reimbursement must maintain records of out-
of-pocket expenses and reimbursements for each examination
session. They must certify on or before January 31 of each year
to the Commission's office in Gettysburg, PA 17325 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.
 (d) The expense and reimbursement records must be retained by
each volunteer examiner coordinator and each volunteer examiner
for 3 years and made available to the FCC upon request.
 (e) Each volunteer examiner must forward on or before January 15
of each year the certification concerning expenses to the
volunteer examiner coordinator who coordinated the efforts of the
volunteer examiner and for which reimbursement was received. The
volunteer examiner coordinator must forward all such
certifications and its own certification concerning expenses to
the FCC on or before January 31 of each year.
 (f) The volunteer examiner coordinator must disaccredit any
volunteer examiner who fails to provide the annual certification.
The volunteer examiner coordinator must advise the FCC on January
31 of each year of the volunteer examiners that it has
disaccredited for this reason.
STATION LICENSES

97.37 General eligibility for station license.
 (a) An Amateur Radio station license will be issued only to a
licensed Amateur Radio operator, except that a military
recreation station license may also be issued to an individual
not licensed as an Amateur Radio operator (other than a
representative of a foreign government), who is in charge of a
proposed military recreation station not operated by the U.S.
Government but which is to be located in approved public
quarters.
 (b) Only modification and/or renewal station licenses will be
issued for club and military recreation stations. No new licenses
will be issued for these types of stations.

97.39 Eligibility of corporations or organizations to hold
station license.
 An amateur station will not be issued to a school, company,
corporation, association, or other organization, except that in
the case of a bona fide Amateur Radio organization or society
meeting the criteria set forth in Section 97.3, a station license
may be issued to a licensed amateur operator, other than the
holder of a Novice class license, as trustee for such society.

97.40 Station license required.
 (a) No transmitting station shall be operated in the Amateur
Radio Service without being licensed by the Federal
Communications Commission, except that an Amateur Radio station
licensed by the Government of Canada may, in accordance with
Section 97.41, be operated in the United States without the prior
approval of the Commission.
 (b) Every Amateur Radio operator shall have one, but only one,
primary Amateur Radio station license.

97.41 Operation of Canadian amateur stations in the United
States.
 (a) An Amateur Radio station licensed by the Government of
Canada may be operated in the United States without the prior
approval of the Federal Communications Commission.
è (b) Operation of a Canadian amateur station in the United States
must comply with all of the following:
 (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. (See Appendix 4 to Part 97.)
 (2) The operating terms and conditions of the amateur station
license issued by the Government of Canada.
 (3) The provisions of subpart A through E of Part 97.
 (4) Any further conditions the Commission may impose upon the
privilege of operating in the United States.
 (c) At any time the Commission may, in its discretion, modify,
suspend, or cancel the privilege of any Canadian licensee
operating an Amateur Radio station in the United States.

97.42 Application for station license.
 (a) Each application for a club or military recreation station
license in the Amateur Radio Service shall be made on the FCC
Form 610-B. Each application for any other Amateur Radio license
shall be made on the FCC Form 610.
 (b) One application and all papers incorporated therein and made
a part thereof shall be submitted for each amateur station
license. If the application is only for a station license, it
shall be filed directly with the Commission's Gettysburg,
Pennsylvania office. If the application also contains an
application for any class of amateur operator license, it shall
be filed in accordance with the provisions of 97.11.
 (c) Each applicant in the Private Radio Services (1) for
modification of a station license involving a site change or a
substantial increase in tower height or (2) for a license for a
new station must, before commencing construction, supply the
environmental information, where required, and must follow the
procedure prescribed by Subpart 1 of Part 1 of this chapter
(1.1301 through 1.1319) unless Commission action authorizing
such construction would be a minor action within the meaning of
Subpart 1 of Part 1.
 (d) Protection for Federal Communications Commission Monitoring
Stations:
 (1) Applicants for an Amateur Radio station license to operate
in the vicinity of an FCC monitoring station are advised to give
consideration, prior to filing applications, to the possible need
to protect the FCC stations from harmful interference.
Geographical coordinates of the facilities which require
protection are listed in Section 0.121(c) of the Commission's
Rules. Applications for stations (except mobile stations) in the
vicinity of monitoring stations may be reviewed by Commission
staff on a case-by-case basis to determine the potential for
harmful interference to the monitoring station. Depending on the
theoretical field strength value and existing root-sum- square or
other ambient radio field signal levels at the indicated
coordinates, a clause protecting the monitoring station may be
added to the station license.
 (2) Advance consultation with the Commission is suggested prior
to filing an initial application for station license if the
proposed station will be located within one mile of any of the
above-referenced monitoring station coordinates and is to be
operated on frequencies below 1000 MHz. Such consultations are
also suggested for proposed stations operating above 1000 MHz if
they are to be located within one mile of any monitoring station
designated in Section 0.121(c) as a satellite monitoring
facility.
 (3) Regardless of any coordination prior to filing initial
applications, it is suggested that licensees within one mile of a
èmonitoring station consult the Commission before initiating any
changes in the station which would increase the field strength
produced over the monitoring station.
 (4) Applicants and licensees desiring such consultations should
communicate with: Chief, Field Operations Bureau, Federal
Communications Commission, Washington, DC 20054, Telephone 202-
632-6980.
 (5) The Commission will not screen applications to determine
whether advance consultation has taken place. However, applicants
are advised that such consultation can avoid objections from the
Federal Communications Commission or modification of any
authorization which will cause harmful interference.

97.43 Mailing address furnished by licensee.
 Each application shall set forth and each licensee shall furnish
the Commission with an address in the United States to be used by
the Commission in serving documents or directing correspondence
to that licensee. Unless any licensee advises the Commission to
the contrary, the address contained in the licensee's most recent
application will be used by the Commission for this purpose.

97.44 Location of station.
 Every amateur radio station shall have one land location, the
address of which appears in the station license, and at least one
control point.

97.45 Limitations on antenna structures.
 (a) Except as provided in paragraph (b) of this section, an
antenna for a station in the Amateur Radio Service which exceeds
the following height limitations may not be erected or used
unless notice has been filed with both the FAA on FAA Form 7460-1
and with the Commission on Form 854 or on the license application
form, and prior approval by the Commission has been obtained for:
 (1) Any construction or alteration of more than 200 feet in
height above ground level at its site (17.7(a) of this chapter).
 (2) Any construction or alteration of greater height than an
imaginary surface extending outward and upward at one of the
following slopes (17.7(b) of this chapter):
 (i) 100 to 1 for a horizontal distance of 20,000 feet from the
nearest point of the nearest runway of each airport with at least
one runway more than 3,200 feet in length, excluding heliports
and seaplane bases without specified boundaries, if that airport
is either listed in the Airport Directory of the current Airman's
Information Manual or is operated by a Federal military agency.
 (ii) 50 to 1 for a horizontal distance of 10,000 feet from the
nearest point of the nearest runway of each airport with its
longest runway no more than 3,200 feet in length, excluding
heliports and seaplane bases without specified boundaries, if
that airport is either listed in the Airport Directory or is
operated by a Federal military agency.
 (iii) 25 to 1 for a horizontal distance of 5,000 feet from the
nearest point of the nearest landing and takeoff area of each
heliport listed in the Airport Directory or operated by a Federal
military agency.
 (3) Any construction or alteration on an airport listed in the
Airport Directory of the Airman's Information Manual (17.7(c) of
this chapter).
 (b) A notification to the Federal Aviation Administration is not
required for any of the following construction or alteration:
 (1) Any object that would be shielded by existing structures of
a permanent and substantial character or by natural terrain or
topographic features of equal or greater height, and would be
located in the congested area of a city, town, or settlement
èwhere it is evident beyond all reasonable doubt that the
structure so shielded will not adversely affect safety in air
navigation. Applicants claiming such exemption shall submit a
statement with their application to the Commission explaining the
basis in detail for their finding (17.14(a) of this chapter).
 (2) Any antenna structure of 20 feet or less in height except
one that would increase the height of another antenna structure
(17.14(b) of this chapter).
 (c) Further details as to whether an aeronautical study and/or
obstruction marking and lighting may be required, and
specifications for obstruction marking and lighting when
required, may be obtained from Part 17 of this chapter,
"Construction, Marking and Lighting of Antenna Structures."
Information regarding the inspection and maintenance of antenna
structures requiring obstruction marking and lighting is also
contained in Part 17 of this chapter.

97.47 Renewal and/or modification of amateur station license.
 (a) Application for renewal and/or modification of an individual
station license shall be submitted on FCC Form 610, and
application for renewal and/or modification of an amateur club or
military recreation station shall be submitted on FCC Form 610-B.
In every case the application shall be accompanied by the
applicant's license or photocopy thereof. Applications for
renewal of unexpired licenses must be made during the license
term and should be filed not later than 60 days prior to the end
of the license term. In any case in which the licensee has in
accordance with the provisions of this chapter, made timely and
sufficient application for renewal of an unexpired license, no
license with reference to any activity of a continuing nature
shall expire until such application shall have been finally
determined.
 (b) If a license is allowed to expire, application for renewal
may be made during a grace period of two years after the
expiration date. During this grace period, an expired license is
not valid. A license renewal during the grace period will be
dated currently and will not be backdated to the date of its
expiration. An application for an individual station license
shall be submitted on FCC Form 610. An application for an amateur
club or military recreation station license shall be submitted on
FCC Form 610-B. In every case the application shall be
accompanied by the applicant's expired license or a photocopy
thereof.

97.49 Commission modification of station license.
 (a) Whenever the Commission shall determine that the public
interest, convenience, and necessity would be served, or any
treaty ratified by the United States will be more fully complied
with, by the modification of any radio station license either for
a limited time, or for the duration of the term thereof, it shall
issue an order for such licensee to show cause why such license
should not be modified.
 (b) Such order to show cause shall contain a statement of the
grounds and reasons for such proposed modification, and shall
specify wherein the said license is required to be modified. It
shall require the licensee against whom it is directed to appear
at a place and time therein named, in no event to be less than 30
days from the date of receipt of the order, to show cause why the
proposed modification should not be made and the order of
modification issued.
 (c) If the licensee against whom the order to show cause is
directed does not appear at the time and place provided in said
order, a final order of modification shall issue forthwith.
èCALL SIGNS

97.51 Assignment of call signs.
 (a) The Commission shall assign the call sign of an amateur
radio station on a systematic basis.
 (b) The Commission shall not grant any request for a specific
call sign.
 (c) From time to time the Commission will issue public
announcements detailing the policies and procedures governing the
systematic assignment of call signs and any changes in those
policies and procedures.
DUPLICATE LICENSES AND LICENSE TERM

97.57 Duplicate license.
 Any licensee requesting a duplicate license to replace an
original which has been lost, mutilated, or destroyed, shall
submit a statement setting forth the facts regarding the manner
in which original license was lost, mutilated, or destroyed. If,
subsequent to receipt by the licensee of the duplicate license,
the original license is found, either the duplicate or the
original license shall be returned immediately to the Commission.

97.59 License term.
 (a) Amateur operator licenses are normally valid for a period of
ten years from the date of issuance of a new, modified or renewed
license.
 (b) Amateur station licenses are normally valid for a period of
ten years from the date of issuance of a new, modified or renewed
license. All amateur station licenses, regardless of when issued,
will expire on the same date as the licensee's amateur operator
license.
 (c) A duplicate license shall bear the same expiration date as
the license for which it is a duplicate.

Subpart C       Technical Standards

97.61 Authorized emissions.
 (a) kilohertz:

        Frequency Band  Emissions       Limitations (see paragraph (d))
        1800-2000       A1A, F1B, A3E, F3E, G3E, A3C,
                        F3C, A3F, F3F, H3E, J3E, R3E
        3500-3750       A1A, F1B        1
        3750-4000       A1A, A3E, F3E, G3E, A3C, A3F,
                        F3C, F3F, H3E, J3E, R3E
        5167.5          J3E, R3E
        7000-7075       A1A, F1B        1
        7075-7100       A1A, F1B        1, 2
        7100-7150       A1A, F1B        1
        7150-7300       A1A, A3E, F3E, G3E, A3C, F3C,
                        A3F, F3F, H3E, J3E, R3E
        10100-10150     A1A, F1B
        14000-14150     A1A, F1B
        14150-14350     A1A, A3E, F3E, A3C, F3C, A3F,
                        F3F, H3E, J3E, R3E
        21000-21200     A1A, F1B        1
        21200-21450     A1A, A3E, F3E, A3C, F3C, A3F,
                        F3F, H3E, J3E, R3E
        24890-24930     A1A, F1B
        24930-24990     A1A, A3E, F3E, G3E, A3C, F3C,
                        A3F, F3F, H3E, J3E, R3E
        28000-29700     A1A
        28000-28300     A1A, F1B
è        28300-29500     A1A, A3E, F3E, G3E, A3C, F3C,   3
                        A3F, F3F, H3E, J3E, R3E
        29500-29700     A1A, A3E, F2A, F3E, G3E, A3C,
                        F3C, A3F, F3F, H3E, J3E, R3E
(b) 50-144.1 MHz:
        50.0-50.1       A1A
        50.1-51.0       A1A, A2A, A2B, A3E, A3C, A3F,
                        F1B, F2A, F2B, F3E, G3E, F3C,
                        F3F, H3E, J3E, R3E
        51.0-54.0       N0/N, A1A, A2A, A2B, A3E, A3C,
                        A3F, F1B, F2A, F2B, F3E, G3E,
                        F3C, F3F, H3E, J3E, R3E
        144.0-144.1     A1A

 (c) Above 144.1 MHz: Amateur stations are authorized to transmit
the following emissions on amateur frequencies above 144.1 MHz:
N0/N, A1A, A2A, A2B, A3E, A3C, A3F, F1B, F2B, F3E, G3E, F3F, H3E,
J3F, and R3E. P0/N emissions (the emission letters "K, L, M, Q,
V, W and X" may also be used in place of the letter "P" for
pulsed radars) may be transmitted at all amateur frequencies
above 902 MHz, except in the 1240-1300 MHz and 10.0-10.5 GHz
bands. Emission F8E may be transmitted on the 0.35 meter and
shorter wavelength amateur service bands.
In the 902-928 MHz band F8E emissions may also be used.
 (d) Limitations:
 (1) Novice and Technician class radio operators may not use F1B
emissions in this band.
 (2) Amateur stations located in Regions 1 and 3, and amateur
radio stations located within Region 2 which are west of 130
degrees West longitude or south of 20 degrees North latitude may
also use A3E, F3E, G3E, H3E, J3E and R3E emissions.
 (3) A station with a Novice or Technician control operator is
authorized to transmit only emissions A1A and J3E in this
subband.

97.63 Selection and use of frequencies.
 (a) An amateur station may transmit on any frequency within any
authorized amateur frequency band.
 (b) Sideband frequencies resulting from keying or modulating a
carrier wave shall be confined within the authorized amateur
band.
 (c) The frequencies available for use by a control operator of
an amateur station are dependent on the operator license
classification of the control operator and are listed in 97.7.

97.65 Emission limitations.
 (a) Type N0/N emission, where not specifically designated in the
bands listed on 97.61, may be used for short periods of time
when required for authorized remote control purposes or for
experimental purposes. However, these limitations do not apply
where type N0/N emission is specifically designated.
 (b) Whenever code practice, in accordance with 97.91(d), is
conducted in bands authorized for A3E emission tone modulation of
the radiotelephone transmitter may be utilized when interspersed
with appropriate voice instructions.
 (c) On frequencies below 29.0 MHz, the bandwidth of an F3E or
G3E emission (frequency or phase modulation) shall not exceed
that of an A3E emission having the same audio characteristics.
 (d) On frequencies below 50 MHz, the bandwidth of A3C, A3F, F3C
and F3F emissions shall not exceed that of an J3E single-sideband
emission.
 (e) On frequencies between 50 MHz and 225 MHz:
 (1) The bandwidth of A3C and A3F single-sideband emissions shall
ènot exceed the bandwidth of a J3E single-sideband emission.
 (2) The bandwidth of A3C and A3F double-sideband emissions shall
not exceed the bandwidth of an A3E double- sideband emissions.
 (3) F3C and F3F emissions shall utilize a peak carrier deviation
no greater than 5 kHz and a maximum modulating frequency no
greater than 3 kHz or, alternatively, shall occupy a bandwidth no
greater than 20 kHz. (For this purpose the bandwidth is defined
as the width of the frequency band, outside of which the mean
power of any emission is attenuated by at least 26 decibels below
the mean power level of the total emission. A 3 kHz sampling
bandwidth is used by the FCC in making this determination.)
 (f) Below 225 MHz, an A3C or A3F emission may be used
simultaneously with an A3E emission on the same carrier
frequency, provided that the total bandwidth does not exceed that
of an A3E double-sideband emission.

97.67 Maximum authorized transmitting power.
 (a) Amateur stations may use no more than the maximum
transmitter power specified in this Part. Additionally, within
the constraints of this section, amateur stations must use no
more than the minimum transmitter power necessary to carry out
the desired communications.
 (b) Unless otherwise provided in this section, each amateur
transmitter may be operated with a transmitter power not
exceeding 1500 watts.
 (c) Reserved.
 (d) The peak envelope power output (transmitter power) of each
amateur radio transmitter shall not exceed 200 watts when
transmitting in any of the following frequency bands:
 (1) 3700-3750 kHz;
 (2) 7050-7075 kHz when the terrestrial location of the station
is within Regions 1 or 3;
 (3) 7100-7150 kHz;
 (4) 10100-10150 kHz;
 (5) 21100-21200 kHz; or
 (6) 28100-28500 kHz when the control operator holds a Novice or
Technician class operator license.
 (e) Within the limitations of paragraph (a) of this section, the
peak envelope power output of an amateur radio station in beacon
operation shall not exceed 100 watts.
 (f) An amateur radio station may transmit A3 emissions on or
before June 1, 1990 with a transmitter power exceeding that
authorized by paragraph (b) of this section, provided that the
power input (both radio frequency and direct current) to the
final amplifying stage supplying radio frequency power to the
antenna feedline does not exceed 1000 watts, exclusive of power
for heating the cathodes of vacuum tubes. Limitations of
paragraphs (a), (c) and (d) of this section and limitations of

97.61 still apply.
 (g) On 5167.5 kHz the transmitter power shall not exceed 150
watts.
 (h) In the 420-450 MHz frequency band the transmitter power
shall not exceed 50 watts in the following areas unless expressly
authorized by the Federal Communications Commission after mutual
agreement, on a case-by-case basis, between the Commission
Engineer-in Charge at the appropriate District Office and the
Military Area Frequency Coordinator at the appropriate military
base:
 (1) Those portions of Texas and New Mexico bounded on the south
by latitude 31` 45 N, on the east by longitude 104` 00 W, on
the north by latitude 34` 30 N and on the west by longitude 107`
30 W. (The Military Area Frequency Coordinator for this area is
èlocated at White Sands Missile Range, New Mexico.)
 (2) The entire State of Florida including the Key West area and
the areas enclosed within a 200 mile radius of Patrick Air Force
Base, Florida (latitude 28` 21 N, longitude 80` 43 W), and
within a 200-mile radius of Eglin Air Force Base, Florida
(latitude 30` 30 N, longitude 86` 30 W).
 (3) The entire State of Arizona.
 (4) Those portions of California and Nevada south of latitude
37` 10 N, and the area within a 200-mile radius of the Pacific
Missile Test Center, Point Mugu, California (latitude 34` 09 N,
longitude 119` 11 W).
 (5) In the State of Massachusetts within a 160- kilometer (100
mile) radius around locations at Otis Air Force Base,
Massachusetts (latitude 41` 45 N, longitude 70` 32 W).
 (6) In the State of California within a 240-kilometer (150 mile)
radius around locations at Beale Air Force Base, California
(latitude 39` 09 N, longitude 121` 26 W).
 (7) In the State of Alaska within a 160-kilometer (100 mile)
radius of Clear, Alaska (latitude 64` 17 N, longitude 149` 10
W). (The Military Area Frequency Coordinator for this area is
located at Elmendorf Air Force Base, Alaska.)
 (8) In the State of North Dakota within a 160-kilometer (100
mile) radius of Concrete, North Dakota (latitude 48` 43 N,
longitude 97` 54 W). (The Military Area Frequency Coordinator
for this area can be contacted at: HQ SAC/SXOE, Offutt Air Force
Base, Nebraska 68113.)
 (9) In the States of Alabama, Florida, Georgia and South
Carolina within a 200 kilometer (124 mile) radius of Warner
Robins Air Force Base, Georgia (latitude 32` 38 N, longitude 83`
35 W).
 (10) In the State of Texas within a 200 kilometer (124 mile)
radius of Goodfellow Air Force Base, Texas (latitude 31` 25 N,
longitude 100` 24 W).
 (i) In the 902-928 MHz frequency band the transmitter power
shall not exceed 50 watts for operation outside of the White
Sands Missile Range but within 150 miles of its boundaries. Its
boundaries are those portions of Texas and New Mexico bounded on
the south by latitude 31 degrees 41 N, on the east by longitude
104 degrees 11 W, on the north by latitude 34 degrees 30 N, and
on the west by longitude 107 degrees 30 W.
 (j) The transmitter power of each amateur station at which the
control operator holds a Novice class operator license shall not
exceed 25 watts peak envelope power when transmitting in the 1.25
meter band.
 (k) The transmitter power of each amateur station at which the
control operator holds a Novice class operator license shall not
exceed 5 watts peak envelope power when transmitting in the 0.23
meter band.

97.69 Digital communications.
 Subject to the special conditions contained in paragraphs (a),
(b) and (c) below, an amateur radio communication may include
digital codes which represent alphanumeric characters, analogue
measurements or other information. These digital codes may be
used for such communications as (but not limited to) radio
teleprinter, voice, facsimile, television, communications to
control amateur radio stations, models and other objects,
transference of computer programs or direct computer-to-computer
communications, and communications in various types of data
networks (including so-called "packet switching" systems);
provided that such digital codes are not intended to obscure the
meaning of, but are only to facilitate, the communications, and
further provided that such operation is carried out in accordance
èwith other regulations set forth in this part. (For purposes of
this section, the sending speed (signaling rate), in baud, is
defined as the reciprocal of the shortest (signaling) time
interval (in seconds) that occurs during a transmission, where
each time interval is the period between changes of transmitter
state (including changes in emission amplitude, frequency, phase,
or combination of these, as authorized).)
 (a) The use of the digital codes specified in paragraph (b) of
this section is permitted on any amateur frequency where F1B
emission is permitted, subject to the following requirements:
 (1) The sending speed shall not exceed the following:
 (i) 300 baud on frequencies below 28 MHz;
 (ii) 1200 baud on frequencies between 28 and 50 MHz;
 (iii) 19.6 kilobaud on frequencies between 50 and 220 MHz;
 (iv) 56 kilobaud on frequencies above 220 MHz.
 (2) When type A2B, F1B, F2B emissions are used on frequencies
below 50 MHz, the radio or audio frequency shift (the difference
between the frequency for the "mark" signal and that for the
"space" signal), as appropriate, shall not exceed 1000 Hz. When
these emissions are used on frequencies above 50 MHz, the
frequency shift, in hertz, shall not exceed the sending speed, in
baud, of the transmission, or 1000 Hz, whichever is greater.
 (b) Except as provided for in paragraph (c) of this section,
only the following digital codes, as specified, may be used:
 (1) The International Telegraph Alphabet Number 2 (commonly
known as Baudot); provided that transmission shall consist of a
single channel, five unit (start-stop) teleprinter code
conforming to the International Telegraph Alphabet Number 2 with
respect to all letters and numerals (including the slant sign or
fraction bar); however, in the "figures" positions not utilized
for numerals, special signals may be employed for the remote
control of receiving printers, or for other purposes indicated in
this section.
 (2) The American Standard Code for Information Interchange
(commonly known as ASCII); provided that the code shall conform
to the American Standard Code for Information Interchange as
defined in American National Standards Institute (ANSI) Standard
X3.4-1968.
 (3) The International Radio Consultative Committee (CCIR)
Recommendations 476-2 and 476-3 (commonly known as AMTOR);
provided that the code, baud rate and emission timing shall
conform to the specifications of CCIR 476-2 (1978) or CCIR 476-3
(1982), Mode A or Mode B.
 (c) In addition to the above provisions, the use of any digital
code is permitted on amateur frequencies above 50 MHz, except
those on which only A1 emission is permitted, subject to the
following requirements:
 (1) Communications using such digital codes are authorized for
domestic operation only (communications between points within
areas where radio services are regulated by the U.S. Federal
Communications Commission), except when special arrangements have
been made between the United States and the administration of any
other country concerned.
 (2) The bandwidth of an emission from a station using such
digital codes shall not exceed the following (where for this
purpose the bandwidth is defined as the width of the frequency
band, outside of which the mean power of any emission is
attenuated by at least 26 decibels below the mean power of the
total emission; a 3 kHz sampling bandwidth being used by the FCC
in making this determination):
 (i) 20 kHz on frequencies between 50 and 220 MHz;
 (ii) 100 kHz on frequencies between 220 and 902 MHz;
 (iii) On frequencies above 902 MHz any bandwidth may be used
èprovided that the emission is in accordance with 97.63(b) and

97.73(c).
 (d) An amateur station may be under automatic control when
transmitting digital communications on frequencies 50 MHz and
above.
 (3) (Reserved.)
 (4) When deemed necessary by an Engineer-in-Charge of a
Commission field facility to assure compliance with the rules of
this part, a station licensee shall:
 (i) Cease the transmission of digital codes authorized under
this paragraph.
 (ii) Restrict the transmission of digital codes authorized under
this paragraph to the extent instructed.
 (iii) Maintain a record, convertible to the original information
(voice, text, image, etc.), of all coded communications
transmitted under authority of this paragraph.

97.71 Spread-spectrum communications.
 (a) Subject to special conditions in paragraphs (b) through (i)
of this section, amateur stations may employ spread-spectrum
transmissions to convey information containing voice,
teleprinter, facsimile, television, signals for remote control of
objects, computer programs, data, and other communications
including communication protocol elements. Spread-spectrum
transmissions must not be used for the purpose of obscuring the
meaning of, but only to facilitate transmission.
 (b) Spread-spectrum transmissions are authorized on amateur
frequencies above 420 MHz.
 (c) Stations employing spread-spectrum transmissions shall not
cause harmful interference to stations of good engineering design
employing other authorized emissions specified in the table.
Stations employing spread spectrum must also accept all
interference caused by stations of good engineering design
employing other authorized emissions specified in the table. (For
the purposes of this subparagraph, unintended triggering of
carrier operated repeaters is not considered to be harmful
interference. Nevertheless, spread spectrum users should take
reasonable steps to avoid this situation from occurring.)
 (d) Spread-spectrum transmissions are authorized for domestic
radio communication only (communication between points within
areas where radio services are regulated by the U.S. Federal
Communications Commission), except where special arrangements
have been made between the United States and the administration
of any other country concerned.
 (e) Only frequency hopping and direct sequence transmissions are
authorized. Hybrid spread-spectrum transmissions (transmissions
involving both spreading techniques) are prohibited.
 (1) Frequency hopping. The carrier is modulated with unciphered
information and changes at fixed intervals under the direction of
a high-speed code sequence.
 (2) Direct sequence. The information is modulo-2 added to a
high-speed code sequence. The combined information and code are
then used to modulate a RF carrier. The high-speed code sequence
dominates the modulating function, and is the direct cause of the
wide spreading of the transmitted signal.
 (f) The only spreading sequences which are authorized must be
from the output of one binary linear feedback shift register
(which may be implemented in hardware or software).
 (1) Only the following sets of connections may be used:
in shift register Taps used in
        Number of stages        Taps used in
        in shift register       feedback
è         7                      [7,1]
        13                      [13,4,3,1]
        19                      [19,5,2,1]
 (The numbers in brackets indicate which binary stages are
combined with modulo-2 addition to form the input to the shift
register in stage 1. The output is taken from the highest
numbered stage.)
 (2) The shift register must not be reset other than by its
feedback during an individual transmission. The shift register
must be used as follows.
 (i) For frequency hopping transmissions using x frequencies, n
consecutive bits from the shift register must be used to select
the next frequency from a list of frequencies sorted in ascending
order. Each consecutive frequency must be selected by a
consecutive block of n bits. (Where n is the smallest integer
greater than log2x.)
 (ii) For a direct sequence transmissions using m-ary modulation,
consecutive blocks of log2m bits from the shift register must be
used to select the transmitted signal during each interval.
 (g) The station records shall document all spread-spectrum
transmissions and shall be retained for a period of one year
following the last entry. The station records must include
sufficient information to enable the Commission, using the
information contained therein, to demodulate all transmissions.
The station records must contain at least the following:
 (1) A technical description of the transmitted signal.
 (2) Pertinent parameters describing the transmitted signal
including the frequency or frequencies of operation, and, where
applicable, the chip rate, the code, the code rate, the spreading
function, the transmission protocol(s) including the method of
achieving synchronization, and the modulation type;
 (3) A general description of the type of information being
conveyed, for example, voice, text, memory dump, facsimile,
television, etc.;
 (4) The method and, if applicable, the frequency or frequencies
used for station identification.
 (5) The date of beginning and the date of ending use of each
type of transmitted signal.
 (h) When deemed necessary by an Engineer-in-Charge of a
Commission field facility to assure compliance with the rules of
this part, a station licensee shall:
 (1) Cease spread-spectrum transmissions authorized under this
paragraph;
 (2) Restrict spread-spectrum transmissions authorized under this
paragraph to the extent instructed;
 (3) Maintain a record, convertible to the original information
(voice, text, image, etc.) of all spread- spectrum communications
transmitted under the authority of this paragraph.
 (i) The peak envelope power at the transmitter output shall not
exceed 100 watts.

97.73 Purity of emissions.
 (a) Except for a transmitter or transceiver built before April
15, 1977 or first marketed before January 1, 1978, the mean power
of any spurious emission or radiation from an amateur
transmitter, transceiver, or external radio frequency power
amplifier being operated with a carrier frequency below 30 MHz
shall be at least 40 decibels below the mean power of the
fundamental without exceeding the power of 50 milliwatts. For
equipment of mean power less than five watts, the attenuation
shall be at least 30 decibels.
 (b) Except for a transmitter or transceiver built before April
15, 1977 or first marketed before January 1, 1978, the mean power
èof any spurious emission or radiation from an amateur
transmitter, transceiver, or external radio frequency power
amplifier being operated with a carrier frequency above 30 MHz
but below 225 MHz shall be at least 60 decibels below the mean
power of the fundamental. For a transmitter having a mean power
of 25 watts or less, the mean power of any spurious radiation
supplied to the antenna transmission line shall be at least 40
decibels below the mean power of the fundamental without
exceeding the power of 25 microwatts, but need not be reduced
below the power of 10 microwatts.
 (c) Paragraphs (a) and (b) of this section notwithstanding, all
spurious emissions or radiation from an amateur transmitter,
transceiver, or external radio frequency power amplifier shall be
reduced or eliminated in accordance with good engineering
practice.
 (d) If any spurious radiation, including chassis or power line
radiation, causes harmful interference to the reception of
another radio station, the licensee may be required to take steps
to eliminate the interference in accordance with good engineering
practice.
 NOTE: For the purpose of this section, a spurious emission or
radiation means any emission or radiation from a transmitter,
transceiver, or external radio frequency power amplifier which is
outside of the authorized Amateur Radio Service frequency band
being used.

97.74 (Reserved).

97.75 Use of external radio frequency (RF) power amplifiers.
 (a) Any external radio frequency (RF) power amplifier used or
attached at any amateur radio station shall be type accepted in
accordance with Subpart J of Part 2 of the FCC's Rules for
operation in the Amateur Radio Service, unless one or more of the
following conditions are met:
 (1) The amplifier is not capable of operation on any frequency
or frequencies below 144 MHz (the amplifier shall be considered
incapable of operation below 144 MHz if the mean output power
decreases, as frequency decreases from 144 MHz, to a point where
0 decibels or less gain is exhibited at 120 MHz and below and the
amplifier is not capable of being easily modified to provide
amplification below 120 MHz);
 (2) The amplifier was originally purchased before April 28,
1978;
 (3) The amplifier was
 (i) Constructed by the licensee, not from an external RF power
amplifier kit, for use at his amateur radio station;
 (ii) Purchased by the licensee as an external RF power amplifier
kit before April 28, 1978 for use at his amateur radio station;
or
 (iii) Modified by the licensee for use at his amateur radio
station in accordance with 2.1001 of the FCC's Rules;
 (4) The amplifier was purchased by the licensee from another
amateur radio operator who
 (i) Constructed the amplifier, but not from an external RF power
amplifier kit;
 (ii) Purchased the amplifier as an external RF power amplifier
kit before April 28, 1978 for use at his amateur radio station;
or
 (iii) Modified the amplifier for use at his amateur radio
station in accordance with 2.1001 of the FCC's Rules;
 (5) The external RF power amplifier was purchased from a dealer
who obtained it from an amateur radio operator who
 (i) Constructed the amplifier, but not from an external RF power
èamplifier kit;
 (ii) Purchased the amplifier as an external RF power amplifier
kit before April 28, 1978, for use at his amateur radio station;
or
 (iii) Modified the amplifier for use at his amateur radio
station in accordance with 2.1001 of the FCC's Rules; or
 (6) The amplifier was originally purchased after April 28, 1978
and has been issued a marketing waiver by the FCC.
 (b) A list of type-accepted equipment may be inspected at FCC
headquarters in Washington, DC or at any FCC field office. Any
external RF power amplifier appearing on this list as type
accepted for use in the Amateur Radio Service may be used in the
Amateur Radio service.
 NOTE: No more than one unit of one model of an external RF power
amplifier shall be constructed or modified during any calendar
year by an amateur radio operator for use in the Amateur Radio
Service without a grant of type acceptance.

97.76 Requirements for type acceptance of external radio
frequency (RF) power amplifiers and external radio frequency
power amplifier kits.
 (a) Any external radio frequency (RF) power amplifier or
external RF power amplifier kit marketed (as defined in 2.815),
manufactured, imported or modified for use in the Amateur Radio
Service shall be type accepted for use in the Amateur Radio
Service in accordance with Subpart J of Part 2 of the FCC's
Rules. This requirement does not apply if one or more of the
following conditions are met:
 (1) The amplifier is not capable of operation on any frequency
or frequencies below 144 MHz. For the purpose of this part, an
amplifier will be deemed to be incapable of operation below 144
MHz if the amplifier is not capable of being easily modified to
increase its amplification characteristics below 120 MHz, and
either;
 (i) The mean output power of the amplifier decreases, as
frequency decreases from 144 MHz, to a point where 0 decibels or
less gain is exhibited at 120 MHz and below 120 MHz; or
 (ii) The amplifier is not capable of even short periods of
operation below 120 MHz without sustaining permanent damage to
its amplification circuitry.
 (2) The amplifier was originally purchased before April 28, 1978
by an amateur radio operator for use at his amateur radio
station;
 (3) The amplifier was constructed or modified by an amateur
radio operator for use at his amateur radio station in accordance
with 2.1001 of the FCC's Rules;
 (4) The amplifier was constructed or modified by an amateur
radio operator in accordance with 2.1001 of the FCC's Rules and
sold to another amateur radio operator or to a dealer;
 (5) The amplifier is purchased in used condition by an equipment
dealer from a licensed amateur radio operator who constructed or
modified the equipment in accordance with 2.1001 of the FCC's
Rules and the amplifier is further sold to another amateur radio
operator for use at his/her licensed amateur radio station.
 (6) The amplifier was manufactured before April 28, 1978 and has
been issued a marketing waiver by the FCC.
 (b) No more than one unit of one model of an external RF power
amplifier shall be constructed or modified during any calendar
year by an amateur radio operator for use in the Amateur Radio
Service without a grant of type acceptance.
 (c) A list of type-accepted equipment may be inspected at FCC
headquarters in Washington, DC or at any FCC field office. Any
external RF power amplifier appearing on this list as type-
èaccepted for use in the Amateur Radio Service may be marketed for
use in the Amateur Radio Service.

97.77 Standards for type acceptance of external radio frequency
(RF) power amplifiers and external radio frequency power
amplifier kits.
 (a) An external radio frequency (RF) power amplifier or external
RF power amplifier kit will receive a grant of type acceptance
under this Part only if a grant of type acceptance would serve
the public interest, convenience or necessity.
 (b) To receive a grant of type acceptance under this Part, an
external RF power amplifier shall meet the emission limitations
of 97.73 when the amplifier is
 (1) Operated at its full output power;
 (2) Placed in the "standby" or "off" positions, but still
connected to the transmitter; and
 (3) Driven with at least 50 watts mean radio frequency input
power (unless a higher drive level is specified).
 (c) To receive a grant of type acceptance under this part, an
external RF power amplifier shall not be capable of operation on
any frequency or frequencies between 24.00 MHz and 35.00 MHz. The
amplifier will be deemed incapable of operation between 24.00 MHz
and 35.00 MHz if
 (1) The amplifier has no more than 6 decibels of gain between
24.00 MHz and 26.00 MHz and between 28.00 and 35.00 MHz. (This
gain is determined by the ratio of the input RF driving signal
(mean power measurement) to the mean RF output power of the
amplifier); and
 (2) The amplifier exhibits no amplification (0 decibels of gain)
between 26.00 MHz and 28.00 MHz.
 (d) Type acceptance of external radio frequency power amplifiers
or amplifier kits may be denied when denial serves the public
interest, convenience or necessity by preventing the use of these
amplifiers in services other than the Amateur Radio Service.
Other uses of these amplifiers, such as in the Citizens Band
Radio Service, are prohibited (Section 95.509). Examples of
features which may result in dismissal or denial of an
application for type acceptance of an external RF power amplifier
include, but are not limited to, the following:
 (1) Any accessible wiring which, when altered, would permit
operation of the amplifier in a manner contrary to the FCC's
Rules;
 (2) Circuit boards or similar circuitry to facilitate the
addition of components to change the amplifier's operating
characteristics in a manner contrary to the FCC's Rules;
 (3) Instructions for operation or modification of the amplifier
in a manner contrary to the FCC's Rules;
 (4) Any internal or external controls or adjustments to
facilitate operation of the amplifier in a manner contrary to the
FCC's Rules;
 (5) Any internal radio frequency sensing circuitry or any
external switch, the purpose of which is to place the amplifier
in the transmit mode;
 (6) The incorporation of more gain in the amplifier than is
necessary to operate in the Amateur Radio Service. For purposes
of this paragraph, an amplifier must meet the following
requirements:
 (i) No amplifier shall be capable of achieving designed output
(or designed d.c. input) power when driven with less than 50
watts mean radio frequency input power;
 (ii) No amplifier shall be capable of amplifying the input RF
driving signal by more than 15 decibels. (This gain limitation is
determined by the ratio of the input RF driving signal to the RF
èoutput power of the amplifier where both signals are expressed in
peak envelope power or mean power.) If the amplifier has a
designed peak envelope power output of less than 1,500 watts, the
gain allowance is reduced accordingly. For example, an amplifier
with a designed peak envelope output power of 500 watts shall not
be capable of amplifying the input RF driving signal by more than
10 decibels.
 (ii) The amplifier shall not exhibit more gain than permitted by
paragraph (d)(6)(ii) of this section when driven by a radio
frequency input signal of less than 50 watts mean power; and
 (iv) The amplifier shall be capable of sustained operation at
its designed power level.
 (7) Any attenuation in the input of the amplifier which, when
removed or modified, would permit the amplifier to function at
its designed output power when driven by a radio frequency input
signal of less than 50 watts mean power.

*Editor's Note: The Commission has temporarily
 waived 97.80(b) and 97.114(b)(4).

Subpart D       Operating Requirements and Procedures

97.78 Practice to be observed by all licensees.
 In all respects not specifically covered by these regulations
each amateur station shall be operated in accordance with good
engineering and good amateur practice.

97.79 Control operator requirements.
 (a) The licensee of an amateur station shall be responsible for
its proper operation.
 (b) Every amateur radio station, when transmitting, must have a
control operator. The control operator must be present at the
control point of the station, except when the station is
transmitting under automatic control. The control operator must
be a licensed amateur radio operator or permittee designated by
the station licensee. The control operator and the station
licensee are both responsible for the proper operation of the
station. For purposes of enforcement of the rules of this part,
the FCC will presume that the station licensee is the control
operator of the station, unless documentation to the contrary
exists.

97.80 Operation under automatic control.
 (a) When under automatic control, devices must be installed and
procedures must be implemented which will ensure compliance with
the rules when the control operator is not present at the control
point of the amateur station.
 (b) No amateur station may be operated under automatic control
while transmitting third-party traffic, except an amateur station
retransmitting digital packet radio communications on frequencies
50 MHz and above. 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 an amateur station which
is under local or remote control.
 (c) Automatic control of an amateur station must cease upon
notification by the Engineer-in-Charge of a Commission field
office that the station is transmitting improperly or causing
harmful interference to other stations. Automatic operation must
not be resumed without prior approval of the Engineer-in-Charge.

97.81 Authorized apparatus.
 (a) An amateur station license authorizes the use, under control
èof the licensee, of all transmitting apparatus at the fixed
location specified in the station license which is operated on
any frequency or frequencies allocated to the Amateur Radio
Service, and, in addition, authorizes the use, under control of
the licensee, of portable and mobile transmitting apparatus
operated at other locations.
 (b) The apparatus authorized for use by paragraph (a) of this
section shall be available for inspection upon request by an
authorized Commission representative.

97.82 Availability of operator license.
 Each amateur radio operator must have the original or photocopy
of his or her operator license in his or her personal possession
when serving as the control operator of an amateur radio station.
The original license shall be available for inspection by any
authorized government official upon request made by an authorized
representative of the Commission, except when such license has
been filed with application for modification or renewal thereof,
or has been mutilated, lost or destroyed, and request has been
made for a duplicate license in accordance with Section 97.57.

97.83 Availability of station license.
 The original license of each amateur station or a photocopy
thereof shall be posted in a conspicuous place in the room
occupied by the licensed operator while the station is being
operated at a fixed location or shall be kept in his or her
personal possession. When the station is operated at other than a
fixed location, the original station license or a photocopy
thereof shall be kept in the personal possession of the station
licensee (or a licensed representative) who shall be present at
the station while it is being operated as a portable or mobile
station. The original station license shall be available for
inspection by any authorized Government official at all times
while the station is being operated and at other times upon
request made by an authorized representative of the Commission,
except when such license has been filed with application for
modification or renewal thereof, or has been mutilated, lost, or
destroyed, and request has been made for a duplicate license in
accordance with 97.57.

97.84 Station identification.
 (a) Each amateur radio station shall give its call sign at the
end of each communication, and every ten minutes or less during a
communication.
 (b) Under conditions when the control operator is other than the
station licensee, the station identification shall be the
assigned call sign for that station. However, when a station is
operated within the privileges of the operator's class of license
but which exceeds those of the station licensee, station
identification shall be made by following the station call sign
with the operator's primary station call sign (i.e.,
WN4XYZ/W4XX).
 (c) An amateur radio station in repeater operation or a station
in auxiliary operation used to relay automatically the signals of
other stations in a system of stations shall be identified by
radiotelephony or radiotelegraphy at a level of modulation
sufficient to be intelligible through the repeated transmission
at intervals not to exceed ten minutes.
 (d) When an amateur radio station is in repeater, auxiliary or
beacon operation, the following additional requirements shall
apply:
 (1) When identifying by radiotelephony, a station in repeater
operation shall transmit the word ""repeater'' at the end of the
èstation call sign. When identifying by radiotelegraphy, a station
in repeater operation shall transmit the fraction bar DN,
followed by the letters ""RPT'' or ""R'' at the end of the
station call sign.
 (2) When identifying by radiotelephony, a station in auxiliary
operation shall transmit the word ""auxiliary'' at the end of the
station call sign. When identifying by radiotelegraphy, a station
in auxiliary operation shall transmit the fraction bar DN,
followed by the letters ""AUX'' or ""A'' at the end of the
station call sign.
 (3) When identifying by radiotelephony, a station in beacon
operation shall transmit the word ""beacon'' at the end of the
station call sign. When identifying by radiotelegraphy, a station
in beacon operation shall transmit the fraction bar DN, followed
by the letters ""BCN'' or ""B'' at the end of the station call
sign. This station identification shall be made at intervals not
to exceed one minute during any period of operation.
 (e) A station in auxiliary operation may be identified by the
call sign of its associated station.
 (f) When operating under the temporary operating authority
permitted by 97.35 with privileges which exceed the privileges
for the class of operator license currently held by the licensee,
a licensee must identify in the following manner:
 (1) On radiotelephony, by the transmission of the station call
sign, followed by the word ""temporary,'' followed by the
identifier code for the new class of license for which the
licensee has qualified (see 97.35).
 (2) On radiotelegraphy, by the transmission of the station call
sign, followed by the fraction bar DN, followed by the identifier
code for the new class of license for which the licensee has
qualified (see 97.35).
 (g) The identification required by this section shall be given
on each frequency being utilized for transmission and shall be
made in one of the following manners:
 (1) By telegraphy using the international Morse code (if this
identification is made by an automatic device used only for
identification, the code speed shall not exceed 20 words per
minute);
 (2) By telephony using the English language (the Commission
encourages the use of a nationally or internationally recognized
standard phonetic alphabet as an aid for correct telephone
identification);
 (3) By telegraphy using any code authorized by 97.69(b), when
the particular code is used for transmission of all or part of
the communication or when the communication is transmitted in any
digital code on frequencies above 50 MHz; or
 (4) By video using readily legible characters when A5 emissions
are used, the monochrome portions of which conform, at a minimum,
to the monochrome transmission standards of 73.682(a)(6) through
73.682(a)(13), inclusive (with the exception of 73.682(a)(9)(iii)
and 73.682(a)(9)(iv)).
 (5) When transmitting spread spectrum, by narrow band emission
using the method described in (1) or (2) above, narrow band
identification transmissions must be on only one frequency in
each band being used. Alternatively, the station identification
may be transmitted while in spread-spectrum operation by changing
one or more parameters of the emission in a fashion such that CW
or SSB or narrow band FM receivers can be used to identify the
sending station.
 (h) At the end of an exchange of third-party communications with
a station located in a foreign country, each amateur radio
station shall also give the call sign of the station with which
third-party communications were exchanged.
è
97.85 Repeater operation.
 (a) Emissions from a station in repeater operation shall be
discontinued within five seconds after cessation of
radiocommunications by the user station. Provisions to limit
automatically the access to a station in repeater operation may
be incorporated but are not mandatory.
 (b) Except for operation under automatic control, as provided in
paragraph (e) of this section, the transmitting and receiving
frequencies used by a station in repeater operation shall be
continuously monitored by a control operator immediately before
and during periods of operation.
 (c) A station in repeater operation shall not concurrently
retransmit amateur radio signals on more than one frequency in
the same amateur frequency band, from the same location.
 (d) A station in repeater operation shall be operated in a
manner ensuring that it is not used for broadcasting (see
97.113).
 (e) A station in repeater operation, either locally controlled
or remotely controlled, may also be operated by automatic control
when devices have been installed and procedures have been
implemented to ensure compliance with the rules when a duty
control operator is not present at a control point of the
station. Upon notification by the Commission of improper
operation of a station under automatic control, operation under
automatic control shall be immediately discontinued until all
deficiencies have been corrected.
 (f) The licensee of an Amateur Radio station, before modifying
an existing station in repeater operation in the National Radio
Quiet Zone, or before placing his/her amateur station in repeater
operation in the National Radio Quiet Zone, shall, after May 13,
1981, give written notification thereof to the Director, National
Radio Astronomy Observatory, P.O. Box No. 2, Green Bank, West
Virginia 24944. Station modification is any change in frequency,
power, antenna height or directivity or the location of the
station.
 (1) The notification shall include the geographical coordinates
of the antenna, antenna height, antenna directivity, if any,
proposed frequency, type of emission and power.
 (2) The National Radio Quiet Zone is the area bounded by 39` 15
N. on the north, 78` 30 W. on the east, 37` 30 N. on the south
and 80` 30 W. on the west.
 (3) If an objection to the proposed operation is received by the
Commission from the National Radio Astronomy Observatory at Green
Bank, Pocahontas County, West Virginia, for itself or on behalf
of the Naval Research Laboratory at Sugar Grove, Pendleton
County, West Virginia, within 20 days from the date of
notification, the Commission will consider all aspects of the
problem and take whatever action is deemed appropriate.  (g)
Where an amateur radio station in repeater or auxiliary operation
causes harmful interference to the repeater or auxiliary
operation of another amateur radio station, the two stations are
equally and fully responsible for resolving the interference
unless one station's operation is coordinated (see 97.3(dd)) and
the other's is not. In that case, the station engaged in the non-
coordinated operation has primary responsibility to resolve the
interference.
 (h) All amateur frequency bands above 29.5 MHz are available for
repeater operation, except 50.0-52.0 MHz, 144.0-144.5 MHz, 145.5-
146.0 MHz, 220.0-220.5 MHz, 431.0- 433.0 MHz, and 435.0-438.0
MHz. Both the input (receiving) and output (transmitting)
frequency of a station in repeater operation shall be frequencies
available for repeater operation.
è (i) No amateur station at which the control operator or station
licensee holds a Novice class operator license shall be in
repeater operation.

97.86 Auxiliary operation.
 (a) A station in auxiliary operation, either locally controlled
or remotely controlled, may also be operated by automatic control
when it is operated as part of a system of stations in repeater
operation operated under automatic control.
 (b) If a station in auxiliary operation is relaying signals of
another amateur radio station(s) to a station in repeater
operation, the station in auxiliary operation may use an input
(receiving) frequency in frequency bands reserved for auxiliary
operation, repeater operation, or both.
 (c) A station in auxiliary operation shall be used only to
communicate with stations shown in the system network diagram.
 (d) All amateur frequency bands above 220.5 MHz, except 431-433
MHz and 435-438 MHz, are available for auxiliary operation.
 (e) No amateur station at which the control operator or station
licensee holds a Novice class operator license shall be in
auxiliary operation.

97.87 Beacon operation.
 (a) A station in beacon operation shall not concurrently operate
on more than one frequency in the same amateur frequency band,
from the same location.
 (b) A station in beacon operation, either locally controlled or
remotely controlled, may also be operated by automatic control
when devices have been installed and procedures have been
implemented to ensure compliance with the rules when the duty
control operator is not present at a control point of the
station.
 (c) Beacon operation shall cease upon notification by an
Engineer-in-Charge of a Commission field facility that the
station is operating improperly or causing undue interference to
other operations. Beacon operation shall not resume without prior
approval of the Engineer-in-Charge.
 (d) The licensee of an amateur radio station, before modifying
an existing station in automatically-controlled beacon operation
in the National Radio Quiet Zone, or before placing his/her
station in the National Radio Quiet Zone, shall give written
notification thereof to the Director, National Radio Astronomy
Observatory, P.O. Box 2, Green Bank, West Virginia 24944. Station
modification is any change in frequency, power, antenna height or
directivity, or the location of the station. In such cases, the
rules of 97.85(f)(1) and (2) shall apply.
 (e) The following amateur frequency bands and emissions are
available for automatically-controlled beacon operation: 28.20-
28.30 MHz, 50.06-50.08 MHz, 144.05-144.06 MHz, 220.05- 220.06
MHz, 222.05-222.06 MHz, and 432.07-432.08 MHz using type N0/N,
A1A, F1B or J2A emissions (when type F1B or J2A emissions are
employed in these bands, the radio or audio frequency shift, as
appropriate, shall not exceed 1000 Hz). Additionally, all amateur
frequency bands above 450 MHz are available for automatically-
controlled beacon operation using emission types authorized under
Section 97.61, provided that the licensee is authorized to
operate on the frequency under Section 97.7.
 (f) No amateur station at which the control operator or station
licensee holds a Novice class operator license shall be in beacon
operation.

97.88 Operation of a station by remote control.
 An amateur radio station may be operated by remote control only
èif there is compliance with the following:
 (a) A photocopy of the license for the remotely controlled
station shall be posted in a conspicuous place at the station
location.
 (b) The name, address, and telephone number of the remotely
controlled station licensee and at least one control operator
shall be posted in a conspicuous place at the remotely controlled
transmitter location.
 (c) Except for operation under automatic control, a control
operator shall be on duty when the station is being remotely
controlled. Immediately before and during the periods the
remotely controlled station is in operation, the frequencies used
for emission by the remotely controlled station shall be
monitored by the control operator. The control operator shall
terminate all transmissions upon any deviation from the rules.
 (d) Provisions must be incorporated to limit transmission to a
period of no more than 3 minutes in the event of malfunction in
the control link.
 (e) A station in repeater operation shall be operated by radio
remote control only when the control link uses frequencies other
than the input (receiving) frequencies of the station in repeater
operation.
 (f) The station records shall include during any period of
operation:
 (1) The names, addresses, and call signs of all persons
authorized by the station licensee to be control operators; and
 (2) A functional block diagram of the control link and a
technical explanation sufficient to describe its operation.
 (g) Each remotely controlled station shall be protected against
unauthorized station operation, whether caused by activation of
the control link, or otherwise.

97.89 Point of Communications.
 (a) Amateur stations may communicate with:
 (1) Other amateur stations, excepting those prohibited by
Appendix 2.
 (2) Stations in other services licensed by the Commission and
with the U.S. Government stations for civil defense purposes in
accordance with Subpart F of this Part, in emergencies and, on a
temporary basis, for test purposes.
 (3) Any station which is authorized by the Commission to
communicate with amateur stations.
 (b) Amateur radio stations may transmit one-way signals to
receiving apparatus while in beacon operation or radio control
operation.

97.90 System network diagram required.
 When a station has one or more associated stations, that is,
stations in repeater or auxiliary operation, a system network
diagram (see 97.3(u)) shall be included in the station records
during any period of operation.

97.91 (reserved)

97.92 Record of operations.
 When deemed necessary by the Engineer-in-Charge (EIC) of a
Commission field facility to assure compliance with the rules of
this Part, a station licensee shall maintain a record of station
operations containing such items of information as the EIC may
require under Section 0.314(x).

97.93 Modulation of carrier.
 Except for brief tests or adjustments, an amateur radiotelephone
èstation shall not emit a carrier wave on frequencies below 51
megahertz unless modulated for the purpose of communication.
Single audio frequency tones may be transmitted for test purposes
of short duration for the development and perfection of amateur
radio telephone equipment.

STATION OPERATION AWAY FROM AUTHORIZED LOCATION

97.95 Operation away from the authorized fixed station location.
 (a) Operation within the United States, its territories or
possessions is permitted as follows:
 (1) When there is no change in the authorized fixed operation
station location, an amateur radio station, other than a military
recreation station, may be operated portable or mobile under its
station license anywhere in the United States, its territories or
possessions, subject to 97.61.
 (2) When the authorized fixed station location is changed, the
licensee shall submit an application for modification of the
station license in accordance with 97.47.
 (b) When outside the continental limits of the United States,
its territories, or possessions, an amateur radio station may be
operated as portable or mobile only under the following
conditions:
 (1) Operation may not be conducted within the jurisdiction of a
foreign government except pursuant to, and in accordance with
express authority granted to the licensee by such foreign
government. When a foreign government permits Commission
licensees to operate within its territory, the amateur frequency
bands which may be used shall be as prescribed or limited by that
government. (See Appendix 4 of this Part for the text of treaties
or agreements between the United States and foreign governments
relative to reciprocal amateur radio operation.)
 (2) (Reserved.)
 (3) (Reserved.)
 (4) Except as otherwise provided, amateur operation conducted
outside the jurisdiction of a foreign government shall comply
with all requirements of Part 97 of this chapter.

THIS IS THE MAP CAPTION

Note: Region 2 is defined as follows: On the east, a line (B)
extending from the North Pole along meridian 10` of Greenwich to
its intersection with parallel 72`; thence by Great Circle Arc to
the intersection of meridian 50` W and parallel 40` N; thence by
Great Circle Arc to the intersection of meridian 20` W and
parallel 10` S; thence along meridian 20 degrees west to the
South Pole. On the west, a line (C) extending from the North Pole
by Great Circle Arc to the intersection of parallel 65`, 30 N
with the international boundary in Bering Strait; thence by Great
Circle Arc to the intersection of meridian 165` East of Greenwich
and parallel 50` N; thence by Great Circle Arc to the
intersection of meridian 170` West and parallel 10` N; thence
along parallel 10` N to its intersection with meridian 120` West
thence along meridian 12` West to the South Pole.

SPECIAL PROVISIONS

97.99 Stations used only for radio control of remote model craft
and vehicles.
 An amateur radio station in radio control operation with a mean
output power not exceeding one watt may, when used for the
control of a remote model craft or vehicle, be operated under the
special provisions of this section, provided that a writing
èindicating the station call sign and the licensee's name and
address is affixed to the transmitter.
 (a) Station identification is not required for transmission
directed only to a remote model craft or vehicle.
 (b) Transmissions containing only control signals directed only
to a remote model craft or vehicle are not considered to be codes
or ciphers in the context of the meaning of 97.117.

97.101 Mobile stations aboard ships or aircraft.
 In addition to complying with all other applicable rules, an
amateur mobile station operated on board a ship or aircraft must
comply with all of the following special conditions: (a) The
installation and operation of the amateur mobile station shall be
approved by the master of the ship or captain of the aircraft;
(b) The amateur mobile station shall be separate from and
independent of all other radio equipment, if any, installed on
board the same ship or aircraft; (c) The electrical installation
of the amateur mobile station shall be in accord with the rules
applicable to ships or aircraft as promulgated by the appropriate
government agency; (d) The operation of the amateur mobile
station shall not interfere with the efficient operation of any
other radio equipment installed on board the same ship or
aircraft; and (e) The amateur mobile station and its associated
equipment, either in itself or in its method of operation, shall
not constitute a hazard to the safety of life or property.

EMERGENCY OPERATIONS

97.107 Operation in emergencies.
 In the event of an emergency disrupting normally available
communication facilities in any widespread area or areas, the
Commission, in its discretion, may declare that a general state
of communications emergency exists, designate the area or areas
concerned, and specify the amateur frequency bands, or segments
of such bands, for use only by amateurs participating in
emergency communication within or with such affected area or
areas. Amateurs desiring to request the declaration of such a
state of emergency should communicate with the Commission's
Engineer-in-Charge of the area concerned. Whenever such
declaration has been made, operation of and with amateur stations
in the area concerned shall be only in accordance with the
requirements set forth in this section, but such requirements
shall in nowise affect other normal amateur communication in the
affected areas when conducted on frequencies not designated for
emergency operation.
 (a) All transmissions within all designated amateur
communications bands- other than communications relating directly
to relief work, emergency service or the establishment and
maintenance of efficient Amateur Radio networks for the handling
of such communications shall be suspended. Incidental calling,
answering, testing or working (including casual conversations,
remarks or messages) not pertinent to constructive handling of
the emergency situation shall be prohibited within these bands.
 (b) The Commission may designate certain amateur stations to
assist in the promulgation of information relating to the
declaration of a general state of communications emergency, to
monitor the designated amateur emergency communications bands,
and to warn non-complying stations observed to be operating in
those bands. Such station, when so designated, may transmit for
that purpose on any frequency or frequencies authorized to be
used by that station, provided such transmissions do not
interfere with essential emergency communications in progress;
however, such transmissions shall preferably be made on
èauthorized frequencies immediately adjacent to those segments of
the amateur bands being cleared for the emergency. Individual
transmissions for the purpose of advising other stations of the
existence of the communications emergency shall refer to this
section by number (97.107) and shall specify, briefly and
concisely, the date of the Commission's declaration, the area and
nature of the emergency, and the amateur frequency bands or
segments of such bands which constitute the amateur emergency
communications bands at the time. The designated stations shall
not enter into discussions with other stations beyond furnishing
essential facts relative to the emergency, or acting as advisors
to stations desiring to assist in the emergency, and the
operators of such designated stations shall report fully to the
Commission the identity of any stations failing to comply, after
notice, with any of the pertinent provisions of this section.
 (c) The special conditions imposed under the provisions of this
section shall cease to apply only after the Commission or its
authorized representative, shall have declared such general state
of communications emergency to be terminated; however, nothing in
this paragraph shall be deemed to prevent the Commission from
modifying the terms of its declaration from time to time as may
be necessary during the period of a communications emergency, or
from removing those conditions with respect to any amateur
frequency band or segment of such band which no longer appears
essential to the conduct of the emergency communications.
-The frequency 5167.5 kHz may be used by any station authorized
under this part to communicate with any other station in the
State of Alaska for emergency communications. No airborne
operations will be permitted on this frequency. All stations
operating on this frequency must be located in or within 50
nautical miles of the State of Alaska. The frequency 5167.5 kHz
may be used by licensees in the Alaska-private fixed service for
calling and listening, but only for establishing communication
before switching to another frequency.

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SUBPAR╘ ┼       ProhibiteΣ Practice≤  [[goe≤ here]]

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Subpart F       Radio Amateur Civil Emergency Services (RACES)

GENERAL

97.161 Basis and purpose.
 The Radio Amateur Civil Emergency Service provides for amateur
radio operation for civil defense communications purposes only,
during periods of local, regional or national civil emergencies,
including any emergency which may necessitate invoking of the
President's War Emergency Powers under the provisions of section
606 of the Communications Act of 1934, as amended.

97.163 Definitions.
 For the purposes of this Subpart, the following definitions are
applicable:
 (a) Radio Amateur Civil Emergency Service. A radio communication
service conducted by volunteer licensed amateur radio operators,
for providing emergency radiocommunications to local, regional,
or state civil defense organizations.
 (b) RACES station. An amateur radio station licensed to a civil
defense organization, at a specific land location, for the
purpose of providing the facilities for amateur radio operators
to conduct amateur radiocommunications in the Radio Amateur Civil
èEmergency Service.

97.165 Applicability of rules.
 In all cases not specifically covered by the provisions
contained in this Subpart, amateur radio stations and RACES
stations shall be governed by the provisions of the rules
governing amateur radio stations and operators (Subpart A through
E of this part).

STATION AUTHORIZATIONS

97.169 Station license required.
 No transmitting station shall be operated in the Radio Amateur
Civil Emergency Service unless:
 (a) The station is licensed as a RACES station by the Federal
Communications Commission, or
 (b) The station is an amateur station licensed by the Federal
Communications Commission, and is certified by the responsible
civil defense organization as registered with that organization.

97.171 Eligibility for RACES station license.
 (a) A RACES station will only be licensed to a local, regional,
or state civil defense organization.
 (b) Only modification and/or renewal station licenses will be
issued for RACES stations. No new licenses will be issued for
RACES stations.

97.173 Application for RACES station license.
 (a) Each application for a RACES station license shall be made
on the FCC Form 610-B.
 (b) The application shall be signed by the civil defense
official responsible for the coordination of all civil defense
activities in the area concerned.
 (c) The application shall be countersigned by the responsible
official for the governmental entity served by the civil defense
organization.
 (d) If the application is for a RACES station to be in any
special manner covered by 97.42, those showings specified for
non-RACES stations shall also be submitted.

97.175 Amateur radio station registration in civil defense
organization.
 No amateur radio station shall be operated in the Radio Amateur
Civil Emergency Service unless it is certified as registered in a
civil defense organization by that organization.

OPERATING REQUIREMENTS

97.177 Operator requirements.
 No person shall be the control operator of a RACES station, or
shall be the control operator of an amateur radio station
conducting communications in the Radio Amateur Civil Emergency
Service unless that person holds a valid amateur radio operator
license and is certified as enrolled in a civil defense
organization by that organization.

97.179 Operator privileges.
 Operator privileges in the Radio Amateur Civil Emergency Service
are dependent upon, and identical to, those for the class of
operator license held in the Amateur Radio Service.

97.181 Availability of RACES station license and operator
licenses.
è (a) The original license of each RACES station, or a photocopy
thereof, shall be attached to each transmitter of such station,
and at each control point of such station. Whenever a photocopy
of the RACES station license is utilized in compliance with this
requirement, the original station license shall be available for
inspection by any authorized Government official at all times
when the station is being operated and at other times upon
request made by an authorized representative of the Commission,
except when such license has been filed with application for
modification or renewal thereof, or has been mutilated, lost, or
destroyed, and request has been made for a duplicate license in
accordance with 97.57.
 (b) In addition to the operator license availability
requirements of 97.82, a photocopy of the control operator's
amateur radio operator license shall be posted at a conspicuous
place at the control point for the RACES station.

TECHNICAL REQUIREMENTS

97.185 Frequencies available.
 (a) All of the authorized frequencies and emissions allocated to
the Amateur Radio Service are also available to the Radio Amateur
Civil Emergency Service on a shared basis.
 (b) In the event of an emergency which necessitates the invoking
of the President's War Emergency Powers under the provisions of
606 of the Communications Act of 1934, as amended, unless
otherwise modified or directed, RACES stations and amateur radio
stations participating in RACES will be limited in operation to
the following frequencies and frequency bands unless otherwise
directed by the President of the United States, by a person or
persons designated by the President of the United States or by
the FCC on behalf of the President of the United States:

Frequency or Frequency Bands

                      Limita-                 Limita-
        kHz           tions     MHz           tions
        1800-1825               28.55-28.75
        1975-2000               29.237-29.273
        3500-3550               29.45-29.65
        3930-3980               50.35-50.75
        3984-4000               52-54
        3997            2       53.302
        7079-7125               53.35-53.75
        7245-7255               144.50-145.71
        10100-10150     1       146-148
        14047-14053             220-225         4
        14220-14230             420-450         3, 5
        14331-14350             1240-1300       3
        21047-21053             2390-2450       3
        21228-21267

 (c) Limitations:
 (1) This band is allocated to the fixed service on a primary
basis outside the United States and its possessions.
Transmissions of stations in the Amateur Radio Service in this
band are secondary to foreign fixed service use in this band.
 (2) For use in emergency areas when required to make initial
contact with a military unit; also, for communications with
military stations on matters requiring coordination.
 (3) Those stations operating in the bands 420-450, 1240-1300 and
2390-2450 MHz shall not cause harmful interference to, and must
tolerate any interference from, the Government Radiolocation
èService; and also the Aeronautical Radionavigation Service in the
case of the 1240-1300 MHz band.
 (4) Those stations operating in the band 220-225 MHz shall not
cause harmful interference to, and must tolerate any interference
from, the Government Radiolocation Service until January 1, 1990.
Additionally, the Fixed and Mobile Services shall have equal
right of operation.
 (5) No station shall operate north of Line A (see 97.3(i)) in
the 420-430 MHz band.
 (6) (Reserved.)

97.189 Point of communications.
 (a) RACES stations may only be used to communicate with:
 (1) Other RACES stations;
 (2) Amateur radio stations certified as being registered with a
civil defense organization, by that organization;
 (3) Stations in the Disaster Communications Service;
 (4) Stations of the United States Government authorized by the
responsible agency to exchange communications with RACES
stations;
 (5) Any other station in any other service regulated by the
Federal Communications Commission, whenever such station is
authorized by the Commission, to exchange communications with
stations in the Radio Amateur Civil Emergency Service.
 (b) Amateur radio stations registered with a civil defense
organization may only be used to communicate with:
 (1) RACES stations licensed to the civil defense organization
with which the amateur radio station is registered:
 (2) Any of the following stations upon authorization of the
responsible civil defense official for the organization in which
the amateur radio station is registered:
 (i) Any RACES station licensed to other civil defense
organizations;
 (ii) Amateur radio stations registered with the same or another
civil defense organization;
 (iii) Stations in the Disaster Communications Service;
 (iv) Stations of the United States Government authorized by the
responsible agency to exchange communications with RACES
stations;
 (v) Any other station in any other service regulated by the
Federal Communications Commission, whenever such station is
authorized by the Commission to exchange communications with
stations in the Radio Amateur Civil Emergency Service.

97.191 Permissible communications.
 All communications in the Radio Amateur Civil Emergency Service
must be specifically authorized by the civil defense organization
for the area served. Stations in this service may transmit only
civil defense communications of the following types:
 (a) Communications 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:
 (1) Communications directly concerning the immediate safety of
life or 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;
 (2) Communications 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.
 (b) Communications for training drills and tests necessary to
èensure the establishment and maintenance of orderly and efficient
operation of the Radio Amateur Civil Emergency Service as ordered
by the responsible civil defense organization served. Such tests
and drills may not exceed a total time of one hour per week.
 (c) Brief one way transmissions for the testing and adjustment
of equipment.

97.193 Limitations on the use of RACES stations.
 (a) No station in the Radio Amateur Civil Emergency Service
shall be used to transmit or to receive messages for hire, nor
for communications for material compensation, direct or indirect,
paid or promised.
 (b) All messages which are transmitted in connection with drills
or tests shall be clearly identified as such by use of the words
"drill" or "test", as appropriate, in the body of the messages.


Subpart G       Operation of Amateur Radio Stations in the United
States by Aliens Pursuant to Reciprocal Agreements

97.301 Basis, purpose, and scope.
 (a) The rules in this subpart are based on, and are applicable
solely to, alien amateur operations pursuant to section 303(1)(3)
and 310(a) of the Communications Act of 1934, as amended. (See
Pub. L 93-505, 88 Stat. 1576.)
 (b) The purpose of this subpart is to implement Public Law 88-
383 by prescribing the rules under which an alien, who holds an
amateur operator and station license issued by his government
(referred to in this subpart as an alien amateur), may operate an
amateur radio station in the United States, in its possessions,
and the Commonwealth of Puerto Rico (referred to in this subpart
only as the United States).

97.303 Permit required.
 Before he may operate an amateur radio station in the United
States, under the provisions of sections 303(1)(3) and 310(c) of
the Communications Act of 1934, as amended, an alien amateur
licensee must obtain a permit for such operation from the Federal
Communications Commission. A permit for such operation shall be
issued only to an alien holding a valid amateur operator and
station authorization from his government, and only when there is
in effect a bilateral agreement between the United States and
that government for such operation on a reciprocal basis by
United States amateur radio operators.

97.305 Application for permit.
 (a) Application for a permit shall be made on FCC Form 610-A.
Form 610-A may be obtained from the Commission's Washington, DC,
office, from any of the Commission's field offices and, in some
instances, from United States missions abroad.
 (b) The application form shall be completed in full in English
and signed by the applicant. A photocopy of the applicant's
amateur operator and station license issued by his government
shall be filed with the application. The Commission may require
the applicant to furnish additional information. The application
must be filed by mail or in person with the Federal
Communications Commission, Gettysburg, PA 17325, USA. To allow
sufficient time for processing, the application should be filed
at least 60 days before the date on which the applicant desires
to commence operation.

97.307 Issuance of permit.
 (a) The Commission may issue a permit to an alien amateur under
èsuch terms and conditions as it deems appropriate. If a change in
the terms of a permit is desired, an application for modification
of the permit is required. If operation beyond the expiration
date of a permit is desired, an application for renewal of the
permit is required. In any case in which the permittee has, in
accordance with the provisions of this subpart, made a timely and
sufficient application for renewal of an unexpired permit, such
permit shall not expire until the application has been finally
determined. Applications for modification or for renewal of a
permit shall be filed on FCC Form 610-A.
 (b) The Commission, in its discretion, may deny any application
for a permit under this subpart. If an application is denied, the
applicant will be notified by letter. The applicant may, within
90 days of the mailing of such letter, request the Commission to
reconsider its action.
 (c) Normally, a permit will be issued to expire 1 year after
issuance but in no event after the expiration of the license
issued to the alien amateur by his government.

97.309 Modification, suspension, or cancellation of permit.
 At any time the Commission may, in its discretion, modify,
suspend, or cancel any permit issued under this subpart. In this
event, the permittee will be notified of the Commission's action
by letter mailed to his mailing address in the United States and
the permittee shall comply immediately. A permittee may, within
90 days of the mailing of such letter, request the Commission to
reconsider its action. The filing of a request for
reconsideration shall not stay the effectiveness of the action,
but the Commission may stay its action on its own motion.

97.311 Operating conditions.
 (a) The alien amateur may not under any circumstances begin
operation until he has received a permit issued by the
Commission.
 (b) Operation of an amateur station by an alien amateur under a
permit issued by the Commission must comply with all of the
following:
 (1) The terms of the bilateral agreement between the alien
amateur's government and the government of the United States;
 (2) The provisions of this subpart and of Subparts A through E
of this part;
 (3) The operating terms and conditions of the license issued to
the alien amateur by his government; and
 (4) Any further conditions specified on the permit issued by the
Commission.

97.313 Station identification.
 (a) The alien amateur shall identify his station as follows:
 (1) Radio telegraph operation: The amateur shall transmit the
call sign issued to him by the licensing country followed by a
slant (/) sign and the United States amateur call sign prefix
letter(s) and number appropriate to the location of his station.
 (2) Radiotelephone operation: The amateur shall transmit the
call sign issued to him by the licensing country followed by the
words "fixed", "portable" or "mobile", as appropriate, and the
United States amateur call sign prefix letter(s) and number
appropriate to the location of his station. The identification
shall be made in the English language.
 (b) At least once during each contact with another amateur
station, the alien amateur shall indicate, in English, the
geographical location of his station as nearly as possible by
city and state, commonwealth or possession.

è
Subpart H       Amateur-Satellite Service

GENERAL

97.401 Purposes.
 The Amateur-Satellite Service is a radiocommunication service
using stations on earth satellites for the same purpose as those
of the Amateur Radio Service.

97.403 Definitions.
 (a) Space operation. Space-to-earth, and space-to-space, Amateur
Radio communication from a station which is beyond, is intended
to go beyond, or has been beyond the major portion of the earth's
atmosphere.
 (b) Earth operation. Earth-to-space-to-earth amateur
radiocommunication by means of radio signals automatically
retransmitted by stations in space operation.
 (c) Telecommand operation. Earth-to-space Amateur Radio
communication to initiate, modify, or terminate functions of a
station in space operation.
 (d) Telemetry. Space-to-earth transmissions, by a station in
space operation, of results of measurements made in the station,
including those relating to the function of the station.

97.405 Applicability of rules.
 The rules contained in this Subpart apply to radio stations in
the Amateur-Satellite Service. All cases not specifically covered
by the provisions of this Subpart shall be governed by the
provisions of the rules governing Amateur Radio stations and
operators (Subpart A through E of this Part).

97.407 Eligibility for space operation.
 Amateur Radio stations licensed to Amateur Extra Class operators
are eligible for space operation (see 97.403(a)). The station
licensee may permit any Amateur Radio operator to be the control
operator, subject to the privileges of the control operator's
class of license (see 97.7).

97.409 Eligibility for earth operation.
 Any Amateur Radio station is eligible for earth operation (see
97.403(b)), subject to the privileges of the control operator's
class of license (see 97.7).

97.411 Eligibility for telecommand operation.
 Any Amateur Radio station designated by the licensee of a
station in space operation is eligible to conduct telecommand
operation with the station in space operation, subject to the
privileges of the control operator's class of license (see
97.7).

97.413 Space operations requirements.
 An Amateur Radio station may be in space operation where:
 (a) The station has not been ordered by the Commission to cease
radio transmissions.
 (b) The station is capable of effecting a cessation of radio
transmissions by commands transmitted by station(s) in
telecommand operation whenever such cessation is ordered by the
Commission.
 (c) There are, in place, sufficient Amateur Radio stations
licensed by the Commission capable of telecommand operation to
effect cessation of space operation, whenever such is ordered by
the Commission.
è
TECHNICAL REQUIREMENTS

97.415 Frequencies available.
 (a) The frequency bands in the following table are available for
space operation, Earth operation and telecommand operation.
Unless otherwise specified in this Subpart the rules for
authorized emission modes (97.61 and 97.65) and authorized
transmitting power (97.67) are applicable for each of the listed
frequency bands.

        Frequency       Limitations (see
        band            paragraph (b))

        kilohertz
        7000-7100
        14000-14250
        21000-21450
        24890-24990
        28000-29700

        megahertz
        144-146         1
        435-438         1, 4
        1260-1270       1
        2400-2450

        gigahertz
        3.40-3.41       1, 2
        5.65-5.67       1, 4
        5.83-5.85       1, 3
        10.45-10.50     5
        24.00-24.05
        47.0-47.2
        75.5-81.0
        142-149
        241-250

 (b) Limitations:
 (1) Stations in the Amateur-Satellite Service must not cause
harmful interference to other authorized stations operating in
accordance with the Table of Frequency Allocations in this band,
except radiolocation systems authorized in accordance with
Footnote US217.
 (2) This frequency band is not available in ITU Region 1.
 (3) Stations in the Amateur-Satellite Service in this band are
limited to Earth-to-space transmissions and are not protected
from interference caused by fixed-satellite stations in Region 1,
radiolocation stations, or industrial, scientific and medical
equipment operating in this band.
 (4) Stations in the Amateur-Satellite Service in this band are
limited to Earth-to-space transmissions.
 (5) Stations in the Amateur-Satellite Service in this band must
not cause harmful interference to and are not protected from
interference caused by stations in the Government radiolocation
service.

SPECIAL PROVISIONS

97.417 Space operation.
 (a) Stations in space operation are exempt from the station
identification requirements of 97.84 on each frequency band when
in use.
è (b) Stations in space operation may automatically retransmit the
radio signals of other stations in earth operation, and space
operation.
 (c) Stations in space operation are exempt from the control
operator requirements of 97.79 and from the provisions of 97.88
pertaining to the operation of a station by remote control.

97.419 Telemetry.
 (a) Telemetry transmission by stations in space operation may
consist of specially coded messages intended to facilitate
communications.
 (b) Telemetry transmissions by stations in space operation are
permissible one-way communications.

97.421 Telecommand operation.
 (a) Stations in telecommand operation may transmit special codes
intended to obscure the meaning of command messages to the
station in space operation.
 (b) Stations in telecommand operation are exempt from the
station identification requirements of 97.84.
 (c) Stations in telecommand operation may transmit from within
the military areas designated in 97.61(b)(7) in the frequency
band 435-438 MHz with a maximum of 611 watts effective radiated
power (1000 watts equivalent isotropically radiated power). The
transmitting-antenna elevation angle between the lower half-power
(-3 decibels relative to the peak or antenna bore sight) point
and horizon must always be greater than 10`.

97.422 Earth operation.
 Stations in earth operation may transmit from within the
military areas designated in 97.61(b)(7) in the frequency band
435-438 MHz with a maximum of 611 watts effective radiated power
(1000 watts equivalent isotropically radiated power). The
transmitting-antenna elevation angle between the lower half-power
(-3 decibels relative to the peak or antenna bore sight) point
and the horizon must always be greater than 10`.

97.423 Notification required.
 (a) The licensee of every station in space operation shall give
written notifications to the Private Radio Bureau, Federal
Communications Commission, Washington, DC 20554.
 (b) Pre-space operation notification.
 (1) Three notifications are required prior to initiating space
operation. They are:
 First notification. Required no less than twenty-seven months
prior to initiating space operation.
 Second notification. Required no less than fifteen months prior
to initiating space operation.
 Third notification. Required no less than three months prior to
initiating space operation.
 (2) The pre-space operation notification shall consist of:
Space operation date. A statement of the expected date space
operations will be initiated, and a prediction of the duration of
the operation.
 Identity of satellite. The name by which the satellite will be
known.
 Service area. A description of the geographic area on the
Earth's surface which is capable of being served by the station
in space operation. Specify for both the transmitting and
receiving antennas of this station.
 Orbital parameters. A description of the anticipated orbital
parameters as follows:

èNon-geostationary satellite
 1) Angle of inclination
 2) Period
 3) Apogee (kilometers)
 4) Perigee (kilometers)
 5) Number of satellites having the same orbital characteristics

Geostationary satellite
 1) Nominal geographical longitude
 2) Longitudinal tolerance
 3) Inclination tolerance
 4) Geographical longitudes marking the extremities of the
orbital arc over which the satellite is visible at a minimum
angle of elevation of 10` at points within the associated service
area.
 5) Geographical longitudes marking the extremities of the
orbital arc within which the satellite must be located to provide
communications to the specified service area.
 6) Reason when the orbital arc of (5) is less than that of (4)
Technical Parameters. A description of the proposed technical
parameters for:
 (1) the station in space operation; and
 (2) a station in earth operation suitable for use with the
station in space operation; and
 (3) a station in telecommand operation suitable for use with the
station in space operation. The description shall include:
 (1) Carrier frequencies if known; otherwise give frequency range
where carrier frequencies will be located.
 (2) Necessary bandwidth.
 (3) Class of emission.
 (4) Total peak power.
 (5) Maximum power density (watts/Hz)
 (6) Antenna radiation pattern-
 (7) Antenna gain (main beam)-
 (8) Antenna pointing accuracy (geostationary satellites only)-
 (9) Receiving system noise temperature^
 (10) Lowest equivalent satellite link noise temperature
 (c) In-space operation notification. Notification is required
after space operation has been initiated. The notification shall
update the information contained in the pre-space notification.
In-space operation notification is required no later than seven
days following initiation of space operation.
 (d) Post-space operation notification. Notification of
termination of space operation is required no later than three
months after termination is complete. If the termination is
ordered by the Commission, notification is required no later than
twenty-four hours after termination is complete.
These antenna characteristics shall be provided for both
transmitting and receiving antennas.
For a station in space operation.
The total noise temperature at the input of a typical amateur
radio station receiver shall include the antenna noise (generated
by external sources (ground, sky, etc.) peripheral to the
receiving antenna and noise re-radiated by the satellite), plus
noise generated internally to the receiver. The additional
receiver noise is above thermal noise, kToB. Referred to the
antenna input terminals, the total system noise temperature is
given by
 Ts = Ta + (L - 1)To = LTr
 where:
 Ta: antenna noise temperature
 L: line losses between antenna output terminals and receiver
input terminals
è To: ambient temperature, usually given as 290` K
 Tr: receiver noise temperature; this is also given as
 (NF - 1)To, where NF is receiver noise figure.


Subpart I       Volunteer-Examiner Coordinators

97.501 Purpose.
 The rules in this subpart are designed to provide for the
establishment of volunteer-examiner coordinators to coordinate
the efforts of volunteer examiners in preparing and administering
examinations for amateur radio operator licenses.

97.503 Definitions.
 For the purpose of this subpart, the following definitions are
applicable:
 (a) Volunteer-examiner coordinator (VEC). An organization which
has entered into an agreement with the Federal Communications
Commission to coordinate the efforts of volunteer examiners in
preparing and administering examination for amateur radio
operator licenses.
 (b) Volunteer examiner. An amateur radio operator who prepares
or administers examinations to applicants for amateur radio
operator licenses.

97.505 Applicability of rules.
 These rules apply to each organization that serves as a
volunteer-examiner coordinator.

97.507 VEC Qualifications.
 In order to be a VEC, an organization must:
 (a) Be organized at least partially for the purpose of
furthering amateur radio;
 (b) Be at least regional in scope, serving one or more of the
following regions:
 (1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island and Vermont;
 (2) New Jersey and New York;
 (3) Delaware, the 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:
Commonwealth of Puerto Rico, United States Virgin Islands (50
islets and cays) and Navassa Island; AND
 (13) Pacific Insular areas: Hawaii, American Samoa (seven
islands), Baker Island, Commonwealth of Northern Mariannas
Islands, Guam Island, Howland Island, Jarvis Island, Johnston
Island (Islets East, Johnston, North and Sand), Kingman Reef,
Midway Island (Islets Eastern and Sand), Palmyra Island (more
than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes).
 (c) Be capable of acting as a VEC in one or more of the regions
listed in paragraph (b);
è (d) Agree to coordinate all amateur radio operator examination
elements for all amateur radio operator license classes except
Novice Class;
 (e) Agree not to accept any compensation from any source for its
services as a VEC, except reimbursement for out-of-pocket
expenses permitted by 97.36; and
 (f) Agree to assure that for any examination every candidate
qualified under these rules is registered without regard to race,
sex, religion, national origin or membership (or lack thereof) in
any amateur radio organization.

97.509 Conflicts of interest.
 An organization engaged in the manufacture or distribution of
equipment used in connection with amateur radio transmissions, or
in the preparation or distribution of any publication used in
preparation for obtaining amateur radio station operator
licenses, may be a VEC only upon a persuasive showing to the
Commission that preventive measures have been taken to preclude
any possible conflict of interest.

VOLUNTEER-EXAMINER COORDINATOR FUNCTIONS

97.511 Agreement required.
 No organization may serve as a VEC until that organization has
entered into a written agreement with the Federal Communications
Commission to do so. The VEC must abide by the terms of the
agreement.

97.513 Scheduling of examinations.
 A VEC will coordinate the dates and times for scheduling
examinations (see 97.26) throughout the region(s) it serves. Any
VEC may also coordinate the scheduling of testing opportunities
outside of the regions listed in Section 97.507(b).

97.515 Coordinating Volunteer examiners.
 A VEC will accredit amateur radio operators, licensed by the
Federal Communications Commission, as volunteer examiners (see
97.30). A VEC will seek to recruit a broad representation of
amateur radio operators to be volunteer examiners. A VEC may not
discriminate in accrediting volunteer examiners on the basis of
race, sex, religion or national origin. A VEC may not refuse to
accredit a volunteer on the basis of membership (or lack thereof)
in an amateur radio organization. A VEC may not discriminate in
accrediting volunteer examiners based upon their accepting or
declining to accept reimbursement. A VEC must not accredit an
amateur radio operator volunteering to be an examiner if:
 (a) the volunteer examiner does not meet minimum statutory
qualifications or minimum qualifications as prescribed by the
rules;
 (b) the FCC refuses to accept the voluntary and uncompensated
services of the volunteer examiner;
 (c) the VEC determines that the volunteer is not competent to
perform the function for which he/she volunteered; OR
 (d) the VEC determines that questions of the volunteer's
integrity or honesty could compromise the examination(s).

97.517 Examination materials provided by a VEC.
 (a) The coordinating VEC may provide telegraphy messages and
question sets to the administering volunteer examiners it
accredits for use in examination sessions it coordinates. See
Section 97.27.
 (b) Each telegraphy message provided by a VEC shall be prepared
by volunteer examiner of the proper operator class, as follows:
è  (1) Element 1(C): Amateur Extra class;
  (2) Element 1(B): Amateur Extra class;
  (3) Element 1(A): Amateur Extra class, Advanced class or
General class.
 (c) Each question on each VEC question pool and question set
shall be prepared by a volunteer examiner of the proper operator
class, as follows:
  (1) Element 4(A) and 4(B): Amateur Extra class;
  (2) Element 3: Amateur Extra class and Advanced class;
  (3) Element 2: Amateur Extra class, Advanced class, General
class or Technician class.

97.519 Examination procedures.
 At the completion of each examination, a VEC will collect the
candidates' application forms, answer sheets and test results
from the volunteer examiners (see 97.28(h)). A VEC will:
 (a) Make a record of the date and place of the test; the names
of the volunteer examiners and their qualifications; the names of
the candidates; the test results; and, related information.
 (b) Screen the application for completeness and authenticity.
 (c) Forward the application within ten days of its receipt from
the examiners to: Federal Communications Commission, Licensing
Division, Private Radio Bureau, Gettysburg, PA 17325.
 (d) Make available to any authorized FCC representative any
requested examination records.

97.521 VEC question pools.
 All VECs must cooperate in maintaining one standard question
pool for each written examination element. Each standard question
pool must contain at least ten times the number of questions
required for a single examination. See Section 97.21. No question
in a question set may be used for a written examination in an
examination session coordinated by any VEC unless it appears on
the standard question pool. The standard question pools must be
published and made available to the public prior to their use for
making question sets.

97.523 Reserved.