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- <ARTICLE>
- Date="04/02/93"
- Citation="58 FR 17375"
- Group="commerce"
- Type="PROPOSED RULE"
- Department="FEDERAL COMMUNICATIONS COMMISSION"
- Agency="FEDERAL COMMUNICATIONS COMMISSION"
- Subject="Message Forwarding Systems in the Amateur Service"
- <HEADER>
- FEDERAL COMMUNICATIONS COMMISSION
-
- 47 CFR Part 97
-
- [PR Docket No. 93-85; FCC 93-154].
-
- Message Forwarding Systems in the Amateur Service
-
- AGENCY: Federal Communications Commission.
-
- ACTION: Proposed rule.
- </HEADER>
- FEDERAL COMMUNICATIONS COMMISSION
-
- 47 CFR Part 97
-
- [PR Docket No. 93-85; FCC 93-154].
-
- Message Forwarding Systems in the Amateur Service
-
- AGENCY: Federal Communications Commission.
-
- ACTION: Proposed rule.
-
- ------------------------------------------------------------
- SUMMARY: This action proposes to amend the rules for the amateur
- service by modifying the Commission's compliance policy for
- stations participating in message forwarding and voice repeater
- systems. This action addresses six petitions for rulemaking
- concerning amateur stations participating in message forwarding
- systems. The petitioners indicate that 97.103(a) of the Commission's
- rules, 47 CFR 97.103(a), hampers unnecessarily the operation
- of high speed message forwarding systems and repeaters. They
- claim that the potential for transmitting large numbers of messages
- in these systems cannot be achieved because this section does
- not distinguish between the responsibilities of the station
- originating and those only forwarding or repeating violative
- communications. The effect of the proposed rule would be to
- hold the licensee and control operator of the station originating
- the message and the control operator of the first forwarding
- station accountable for communications transmitted within a
- message forwarding system.
-
- DATES: Comments must be filed on or before July 1, 1993. Reply
- comments must be filed on or before August 1, 1993.
-
- ADDRESSES: Federal Communications Commission, 1919 M Street,
- NW., Washington, DC 20554.
-
- FOR FURTHER INFORMATION CONTACT: William T. Cross, Federal Communications
- Commission, Private Radio Bureau, Personal Radio Branch, Washington,
- DC 20554, (202) 632-4964.
-
- SUPPLEMENTARY INFORMATION: The Commission's Notice of Proposed
- Rule Making, adopted March 18, 1993, and released March 29,
- 1993, is available for inspection and copying during normal
- business hours in the FCC Dockets Branch (room 239) 1919 M Street,
- NW., Washington, DC. The complete text of this Notice of Proposed
- Rule Making, including the proposed rule amendments, may also
- be purchased from the Commission's copy contractor, International
- Transcription Service, (202) 857-3800, 2100 M Street, NW., suite
- 140, Washington, DC 20037.
-
- Summary of Notice of Proposed Rulemaking
-
- 1. This action proposes to amend the rules for the amateur
- service by modifying the Commission's compliance policy for
- stations participating in message forwarding and voice repeater
- systems. The proposed rules are set forth at the end of this
- document.
- 2. The proposal contained herein has been analyzed with respect
- to the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.,
- and found to contain no new or modified form, information collection
- and/or record keeping, labeling, disclosure, or record retention
- requirements and will not increase or decrease burden hours
- imposed on the public.
- 3. This is a non-restricted notice and comment rule making
- proceeding. See 1.1206(a) of the Commission's Rules, 47 CFR
- 1.1206(a), for provisions governing permissible ex parte contacts.
- 4. In accordance with Section 605 of the Regulatory Flexibility
- Act of 1980, 5 U.S.C. 605, the Commission certifies that these
- rule changes would not if promulgated, have a significant economic
- impact on a substantial number of small entities. The Amateur
- Radio Service may not currently be used to transmit any communication
- to facilitate the business or commercial affairs of any party.
- See 47 CFR 97.113(a).
- 5. This Notice of Proposed Rulemaking and the proposed rule
- amendments are issued under the authority of sections 4(i),
- 303(b), 303(g), and 303(r) of the Communications Act of 1934,
- as amended, 47 U.S.C. 154(i), 303(b), (g), and (r).
- 6. A copy of this Notice of Proposed Rulemaking will be forwarded
- to the Chief Counsel for Advocacy of the Small Business Administration.
-
- List of Subjects in 47 CFR Part 97
-
- Compliance policy, Packet networks, Radio, Repeaters.
-
- Federal Communications Commission.
-
- Donna R. Searcy,
- Secretary.
-
- Proposed Rule Changes
-
- Part 97 of chapter I of title 47 of the Code of Federal Regulations
- is proposed to be amended as follows:
-
- PART 97-AMATEUR RADIO SERVICE
-
- 1. The authority citation for part 97 would continue to read
- as follows:
-
- Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154,
- 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended;
- 47 U.S.C. 151-155, 301-609, unless otherwise noted.
-
- 2. Section 97.3 would be amended by redesignating paragraphs
- (a)(28) through (a)(44) as paragraphs (a)(29) through (a)(45),
- respectively, adding a new paragraph (a)(28), and revising newly
- redesignated paragraph (a)(36) to read as follows:
-
- 97.3 Definitions.
-
- (a) * * *
- (28) Message forwarding system. A group of amateur stations
- participating in a voluntary, cooperative, interactive arrangement
- where communications are sent from the control operator of an
- originating station to the control operator of one or more destination
- stations by one or more forwarding stations.
- * * * * *
- (36) Repeater. An amateur station that instantaneously retransmits
- on a different channel the angle-modulated phone or image emission
- transmission of another amateur station.
- * * * * *
- 3. Section 97.109(e) would be revised to read as follows:
-
- 97.109 Station control.
- * * * * *
- (e) No station may be automatically controlled while transmitting
- third party communications, except a station participating as
- a forwarding station in a message forwarding system.
- 4. Section 97.205 would be amended by adding new paragraph
- (g) to read as follows:
-
- 97.205 Repeater station.
- * * * * *
- (g) The control operator of a repeater is not accountable
- for violative communications that the repeater retransmits inadvertently.
- 5. Subpart C of part 97 would be amended by adding new 97.217
- to read as follows:
-
- 97.217 Message forwarding system.
-
- (a) Any amateur station may participate in a message forwarding
- system, subject to the privileges of the class of operator license
- held.
- (b) The control operator of the station originating a message
- and the control operator of the first station retransmitting
- that message are accountable for violative communications that
- are transmitted in a message forwarding system. The control
- operators of other stations inadvertently retransmitting violative
- communications in a message forwarding system are not accountable
- for the violative communications.
-
- [FR Doc. 93-7669 Filed 4-1-93; 8:45 am]
- BILLING CODE 6712-01-M
- </ARTICLE>
-