FR Doc E6-19189

[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Rules and Regulations]
[Page 66460-66465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-12]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 97

[WT Docket No. 04-140; FCC 06-149]

Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its Amateur Radio
Service rules to revise the frequency segments of the 80 meter and 40
meter amateur service High Frequency (HF) bands on which amateur
stations are authorized to transmit voice communications; authorize
amateur stations to transmit certain emission types on additional
amateur service bands or frequency segments; revise the procedures for
the amateur service vanity call sign system; eliminate unnecessary
restrictions imposed on manufacturers of certain types of equipment
that may be used at amateur stations; and make other conforming
amendments to the amateur service rules.

DATES: Effective December 15, 2006.

FOR FURTHER INFORMATION CONTACT: William T. Cross, Wireless
Telecommunications Bureau at (202) 418-0620, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, in WT Docket No. 04-140; FCC 06-149, adopted October 4,
2006, and released October 10, 2006. The complete text of this document
is available for inspection and copying during normal business hours in
the FCC's Reference Information Center, 445 12th Street, SW., Room CY-
A257, Washington, DC. Alternative formats (Braille, large print,
electronic files, audio format) are available for people with
disabilities by sending an e-mail to FCC504@fcc.gov or, calling the
Consumer and Government Affairs Bureau at (202) 418-0530 (voice), (202)
418-0432 (TTY). The Order also may be downloaded from the Commission's
Web site at http://www.fcc.gov/.

1. In this Report and Order the Commission adopts changes to its
part 97 rules to conform the amateur service rules to the international
Radio Regulations. The overall effect of this action is to further the
public interest by allowing amateur service licensees to use the
spectrum more efficiently, and by allowing amateur service stations to
operate with fewer restrictions. The changes adopted in this Report and
Order were proposed in the Notice of Proposed Rulemaking at 69 FR
51028, August 17, 2004. Over 150 comments on the proposed rule changes
were received and changes to the proposed rules based on these comments
are included in this Report and Order.
2. Specifically, the Commission (1) revises the operating
privileges of amateur radio operators to allow more spectrum in four
currently-authorized amateur service HF bands to be used for voice
communications; (2) permits auxiliary stations to transmit on
additional amateur service bands; (3) permits amateur stations to
transmit spread spectrum communications on the 1.25 meter (m) band; (4)
permits amateur stations to retransmit communications from the
International Space Station; (5) permits amateur service licensees to
designate the amateur radio club to receive their call sign in
memoriam; (6) prohibits an applicant from filing more than one
application for a specific vanity call sign; (7) eliminates certain
restrictions on equipment manufacturers that are no longer necessary;
(8) permits amateur radio stations operating in Alaska and surrounding
waters more flexibility in providing emergency communications; and (9)
removes certain restrictions in the amateur service license examination
system that are no longer necessary. The effect of these revisions are
to provide licensees with greater flexibility in the utilization of
amateur service frequencies, promote efficient use of the Amateur Radio
Service spectrum by authorizing communications that include both analog
and digital emission types to be transmitted on currently-authorized
amateur service spectrum, and eliminate unnecessary requirements that
may limit the flexibility of the amateur service license examination
system.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

3. This document does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. Therefore, it does not contain any new or
modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).

B. Report to Congress

4. The Commission will send a copy of the Report and Order,
including this Final Regulatory Flexibility Certification, in a report
to be sent to Congress and the Congressional Budget Office pursuant to
the Congressional Review Act. In addition, the Commission will send a
copy of the Report and Order, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the SBA
and the Final Regulatory Flexibility Certification will also be
published in the Federal Register.

C. Final Regulatory Flexibility Certification

5. In this Report and Order, we amend the rules that specify how an
individual who has qualified for an amateur service operator license
can use an amateur radio station consistent with the basis and
furthering the purpose of the amateur service. The amended rules apply
exclusively to individuals who are licensees in the amateur radio
service. Given the definition of a ``small entity,'' none of these
individuals are small entities as the term is used in the RFA. In
addition, the amended rules reflected in this Report and Order
potentially could affect manufactures of amateur radio equipment. Based
on requests that the Commission has received for certification of
amplifiers under part 97 of the Rules, we estimate that there are
between five and ten manufactures of amateur radio amplifiers and that
by the relevant SBA standard none of these manufactures are small
entities. We also note that the rule changes will apply to amateur
radio licensees and control operators of amateur radio stations and
will not have a necessary impact on manufactures of amplifiers that may
be used at amateur radio stations. Therefore, we certify that the rules
reflected in this Report and Order will not have a significant economic
impact on a substantial number of small entities.

D. Ordering Clauses

6. Pursuant to sections 4(i), 303(f), 303(r), and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f),
303(r) and 332, that parts 1, 2, and 97 of the Commission's Rules are
amended as specified below.

[[Page 66461]]

List of Subjects

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 2

Communications equipment, Telecommunications.

47 CFR Part 97

Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 1, 2, and 97 as follows:

PART 1--APPLICATION REQUIREMENTS AND PROCEDURES

0
1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).

0
2. Amend Sec. 1.934 by adding paragraph (d)(5) to read as follows:

Sec. 1.934 Defective applications and dismissal.

* * * * *
(d) * * *
(5) It requests a vanity call sign and the applicant has pending
another vanity call sign application with the same receipt date.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.

0
4. Amend Sec. 2.106 by revising United States footnotes US212 and
US267 to read as follows:

Sec. 2.106 Table of Frequency Allocation.

* * * * *
US212 In, or within 92.6 km (50 nautical miles) of, the State of
Alaska, the carrier frequency 5167.5 kHz (assigned frequency 5168.9
kHz) is designated for emergency communications. This frequency may
also be used in the Alaska-Private Fixed Service for calling and
listening, but only for establishing communications before switching to
another frequency. The maximum power is limited to 150 watts peak
envelope power (PEP).
* * * * *
US267 In the band 902-928 MHz, amateur radio stations shall transmit
only on the frequency segments 902.0-902.4, 902.6-904.3, 904.7-925.3,
925.7-927.3, and 927.7-928.0 MHz within the States of Colorado and
Wyoming, bounded by the area of latitude 39[deg]N. to 42[deg]N. and
longitude 103[deg]W. to 108[deg]W.
* * * * *

0
5. Amend Sec. 2.815 by revising paragraph (b), and removing paragraphs
(c), (d), and (e) to read as follows:

Sec. 2.815 External radio frequency power amplifiers.

* * * * *
(b) No person shall manufacture, sell or lease, offer for sale or
lease (including advertising for sale or lease) or import, ship or
distribute for the purpose of selling or leasing or offering for sale
or lease, any external radio frequency power amplifier capable of
operation on any frequency or frequencies below 144 MHz unless the
amplifier has received a grant of certification in accordance with
subpart J of this part and other relevant parts of this chapter. These
amplifiers shall comply with the following:
(1) The external radio frequency power amplifier shall not be
capable of amplification in the frequency band 26-28 MHz.
(2) The amplifier shall not be capable of easy modification to
permit its use as an amplifier in the frequency band 26-28 MHz.
(3) No more than 10 external radio frequency power amplifiers may
be constructed for evaluation purposes in preparation for the
submission of an application for a grant of certification.
(4) If the external radio frequency power amplifier is intended for
operation in the Amateur Radio Service under part 97 of this chapter,
the requirements of Sec. Sec. 97.315 and 97.317 of this chapter shall
be met.

0
6. Amend Sec. 2.1060 by removing paragraph (c), redesignating
paragraph (d) as paragraph (c) and revising newly designated paragraph
(c) to read as follows:

Sec. 2.1060 Equipment for use in the amateur radio service.

* * * * *
(c) Certification of external radio frequency power amplifiers may
be denied when denial would prevent the use of these amplifiers in
services other than the Amateur Radio Service.

PART 97--AMATEUR RADIO SERVICE

0
7. The authority citation for part 97 continues to read as follows:

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

0
8. Amend Sec. 97.3 by removing and reserving paragraph (a)(19) and
revising paragraph (c)(2) to read as follows:

Sec. 97.3 Definitions.

* * * * *
(c) * * *
(2) Data. Telemetry, telecommand and computer communications
emissions having designators with A, C, D, F, G, H, J or R as the first
symbol; 1 as the second symbol; D as the third symbol, and emissions
A1C, F1C, F2C, J2C, J3C, and J2D having an occupied bandwidth of 500 Hz
or less when transmitted on an amateur service frequency below 30 MHz.
Only a digital code of a type specifically authorized in this part may
be transmitted.
* * * * *

0
9. Amend Sec. 97.19 by revising paragraphs (c)(3) and (d)(1) to read
as follows:

Sec. 97.19 Application for a vanity call sign.

* * * * *
(c) * * *
(3) Except for an applicant who is the spouse, child, grandchild,
stepchild, parent, grandparent, step-parent, brother, sister,
stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and
except for an applicant who is a club station license trustee acting
with a written statement of consent signed by either the licensee ante
mortem but who is now deceased or by at least one relative, as listed
above, of the person now deceased, the call sign shown on the license
of the person now deceased is not available to the vanity call sign
system for 2 years following the person's death, or for 2 years
following the expiration of the license grant, whichever is sooner.
(d) * * *
(1) The applicant must request that the call sign shown on the
license grant be vacated and provide a list of up to 25 call signs in
order of preference. In the event that the Commission receives more
than one application requesting a vanity call sign from an applicant on
the same receipt day, the Commission will process only the first such
application entered into the Universal Licensing System. Subsequent
vanity call sign applications from that applicant with

[[Page 66462]]

the same receipt date will not be accepted.
* * * * *

0
10. Amend Sec. 97.103 by revising paragraph (c) to read as follows:

Sec. 97.103 Station licensee responsibilities.

* * * * *
(c) The station licensee must make the station and the station
records available for inspection upon request by an FCC representative.
When deemed necessary by a District Director to assure compliance with
the FCC Rules, the station licensee must maintain a record of station
operations containing such items of information as the District
Director may require in accord with Sec. 0.314(x) of the FCC Rules.

0
11. Amend Sec. 97.111 by redesignating paragraphs (a)(2) through
(a)(4) as (a)(3) through (a)(5) and adding a new paragraph (a)(2) to
read as follows:

Sec. 97.111 Authorized transmissions.

(a) * * *
(2) Transmissions necessary to meet essential communication needs
and to facilitate relief actions.
* * * * *

0
12. Amend Sec. 97.113 by revising paragraph (e) to read as follows:

Sec. 97.113 Prohibited transmissions.

* * * * *
(e) No station shall retransmit programs or signals emanating from
any type of radio station other than an amateur station, except
propagation and weather forecast information intended for use by the
general public and originated from United States Government stations,
and communications, including incidental music, originating on United
States Government frequencies between a manned spacecraft and its
associated Earth stations. Prior approval for manned spacecraft
communications retransmissions must be obtained from the National
Aeronautics and Space Administration. Such retransmissions must be for
the exclusive use of amateur radio operators. Propagation, weather
forecasts, and manned spacecraft communications retransmissions may not
be conducted on a regular basis, but only occasionally, as an incident
of normal amateur radio communications.
* * * * *

0
13. Amend Sec. 97.115 by revising paragraph (b)(2), redesignating
paragraph (c) as paragraph (d), and adding a new paragraph (c) to read
as follows:

Sec. 97.115 Third party communications.

* * * * *
(b) * * *
(2) The third party is not a prior amateur service licensee whose
license was revoked or not renewed after hearing and re-licensing has
not taken place; suspended for less than the balance of the license
term and the suspension is still in effect; suspended for the balance
of the license term and re-licensing has not taken place; or
surrendered for cancellation following notice of revocation, suspension
or monetary forfeiture proceedings. The third party may not be the
subject of a cease and desist order which relates to amateur service
operation and which is still in effect.
(c) No station may transmit third party communications while being
automatically controlled except a station transmitting a RTTY or data
emission.
* * * * *

0
14. Amend Sec. 97.201 by revising paragraph (b) to read as follows:

Sec. 97.201 Auxiliary station.

* * * * *
(b) An auxiliary station may transmit only on the 2 m and shorter
wavelength bands, except the 144.0-144.5 MHz, 145.8-146.0 MHz, 219-220
MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments.
* * * * *

0
15. Amend Sec. 97.203 by revising paragraph (f) to read as follows:

Sec. 97.203 Beacon station.

* * * * *
(f) A beacon must cease transmissions upon notification by a
District Director that the station is operating improperly or causing
undue interference to other operations. The beacon may not resume
transmitting without prior approval of the District Director.
* * * * *

0
16. Amend Sec. 97.207 by revising paragraph (g) and removing
paragraphs (h) and (i) to read as follows:

Sec. 97.207 Space station.

* * * * *
(g) The license grantee of each space station must make the
following written notifications to the International Bureau, FCC,
Washington, DC 20554.
(1) A pre-space notification within 30 days after the date of
launch vehicle determination, but no later than 90 days before
integration of the space station into the launch vehicle. The
notification must be in accordance with the provisions of Articles 9
and 11 of the International Telecommunication Union (ITU) Radio
Regulations and must specify the information required by Appendix 4 and
Resolution No. 642 of the ITU Radio Regulations. The notification must
also include a description of the design and operational strategies
that the space station will use to mitigate orbital debris, including
the following information:
(i) A statement that the space station licensee has assessed and
limited the amount of debris released in a planned manner during normal
operations, and has assessed and limited the probability of the space
station becoming a source of debris by collisions with small debris or
meteoroids that could cause loss of control and prevent post-mission
disposal;
(ii) A statement that the space station licensee has assessed and
limited the probability of accidental explosions during and after
completion of mission operations. This statement must include a
demonstration that debris generation will not result from the
conversion of energy sources on board the spacecraft into energy that
fragments the spacecraft. Energy sources include chemical, pressure,
and kinetic energy. This demonstration should address whether stored
energy will be removed at the spacecraft's end of life, by depleting
residual fuel and leaving all fuel line valves open, venting any
pressurized system, leaving all batteries in a permanent discharge
state, and removing any remaining source of stored energy, or through
other equivalent procedures specifically disclosed in the application;
(iii) A statement that the space station licensee has assessed and
limited the probability of the space station becoming a source of
debris by collisions with large debris or other operational space
stations. Where a space station will be launched into a low-Earth orbit
that is identical, or very similar, to an orbit used by other space
stations, the statement must include an analysis of the potential risk
of collision and a description of what measures the space station
operator plans to take to avoid in-orbit collisions. If the space
station licensee is relying on coordination with another system, the
statement must indicate what steps have been taken to contact, and
ascertain the likelihood of successful coordination of physical
operations with, the other system. The statement must disclose the
accuracy--if any--with which orbital parameters of non-geostationary
satellite orbit space stations will be maintained, including apogee,
perigee, inclination, and the right ascension of the ascending node(s).
In the event that a system is not able to maintain orbital tolerances,
i.e., it lacks a propulsion system for orbital

[[Page 66463]]

maintenance, that fact should be included in the debris mitigation
disclosure. Such systems must also indicate the anticipated evolution
over time of the orbit of the proposed satellite or satellites. Where a
space station requests the assignment of a geostationary-Earth orbit
location, it must assess whether there are any known satellites located
at, or reasonably expected to be located at, the requested orbital
location, or assigned in the vicinity of that location, such that the
station keeping volumes of the respective satellites might overlap. If
so, the statement must include a statement as to the identities of
those parties and the measures that will be taken to prevent
collisions;
(iv) A statement detailing the post-mission disposal plans for the
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For
geostationary-Earth orbit space stations, the statement must disclose
the altitude selected for a post-mission disposal orbit and the
calculations that are used in deriving the disposal altitude. The
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In
general, an assessment should include an estimate as to whether
portions of the spacecraft will survive re-entry and reach the surface
of the Earth, as well as an estimate of the resulting probability of
human casualty.
(v) If any material item described in this notification changes
before launch, a replacement pre-space notification shall be filed with
the International Bureau no later than 90 days before integration of
the space station into the launch vehicle.
(2) An in-space station notification is required no later than 7
days following initiation of space station transmissions. This
notification must update the information contained in the pre-space
notification.
(3) A post-space station notification is required no later than 3
months after termination of the space station transmissions. When
termination of transmissions is ordered by the FCC, the notification is
required no later than 24 hours after termination of transmissions.

0
17. Amend Sec. 97.301 as follows:
0
(a) Revise entries 80 and 75 in the HF frequency band of the table
following paragraph (b);
0
(b) Revise entries 80, 75, 15, and -Do- in the HF frequency of the
table following paragraph (c);
0
(c) Revise entries 80, 75, 40, and -Do- in the HF frequency of the
table following paragraph (d); and
0
(d) Revise entries 80, 40, 15, and 10 in the HF frequency band of the
table following paragraph (e).
The revisions read as follows:

Sec. 97.301 Authorized frequency bands.

* * * * *
(b) * * *

----------------------------------------------------------------------------------------------------------------
Sharing
requirements see
Wavelength band ITU region 1 ITU region 2 ITU region 3 Sec. 97.303,
(paragraph)
----------------------------------------------------------------------------------------------------------------

* * * * * * *
HF MHz MHz MHz
80 m.................................. 3.50-3.60 3.50-3.60 3.50-3.60 (a)
75 m.................................. 3.60-3.80 3.60-4.00 3.60-3.90 (a)

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * * * *
HF MHz MHz MHz
80 m.................................. 3.525-3.60 3.525-3.60 3.525-3.60 (a)
75 m.................................. 3.70-3.80 3.70-4.00 3.700-3.90 (a)

* * * * * * *
15 m.................................. 21.025-21.20 21.025-21.20 21.025-21.20
Do................................... 21.225-21.45 21.225-21.45 21.225-21.45

* * * * * * *
----------------------------------------------------------------------------------------------------------------

(d) * * *

* * * * * * *
HF MHz MHz MHz
80 m.................................. 3.525-3.60 3.525-3.60 3.525-3.60 (a)

[[Page 66464]]

75 m.................................. ................ 3.80-4.00 3.80-3.90 (a)
40 m.................................. 7.025-7.125 7.025-7.125 7.025-7.125 (a)
Do................................... ................ 7.175-7.300 ................ (a)

* * * * * * *
15 m.................................. 21.025-21.20 21.025-21.20 21.025-21.20
Do................................... 21.275-21.45 21.275-21.45 21.275-21.45

* * * * * * *
----------------------------------------------------------------------------------------------------------------

(e) * * *

* * * * * * *
HF MHz MHz MHz
80 m.................................. 3.525-3.60 3.525-3.60 3.525-3.60 (a)
40 m.................................. 7.025-7.075 7.025-7.125 7.025-7.075 (a)
15 m.................................. 21.025-21.20 21.025-21.20 21.025-21.20
10 m.................................. 28.0-28.5 28.0-28.5 28.0-28.5

* * * * * * *
----------------------------------------------------------------------------------------------------------------

0
18. Amend Sec. 97.303 by revising paragraph (g)(1) to read as follows:

Sec. 97.303 Frequency sharing requirements.

* * * * *
(g) * * *
(1) In the States of Colorado and Wyoming, bounded by the area of
latitude 396[deg] N. to 42[deg] N. and longitude 103[deg] W. to
108[deg] W., an amateur station may transmit in the 902 MHz to 928 MHz
band only on the frequency segments 902.0-902.4, 902.6-904.3, 904.7-
925.3, 925.7-927.3, and 927.7-928.0 MHz. This band is allocated on a
secondary basis to the amateur service subject to not causing harmful
interference to, and not receiving any interference protection from,
the operation of industrial, scientific and medical devices, automatic
vehicle monitoring systems, or Government stations authorized in this
band.
* * * * *

0
19. Amend Sec. 97.305 by revising paragraph (a) and the entries for 40
in the HF frequency band, and entries 1.25, and -Do- in the VHF
frequency band to the table following paragraph (c) to read as follows:

Sec. 97.305 Authorized emission types.

(a) Except as specified elsewhere in this part, an amateur station
may transmit a CW emission on any frequency authorized to the control
operator.
(b) * * *
(c) * * *

----------------------------------------------------------------------------------------------------------------
Emission types Standards see Sec. 97.307(f),
Wavelength Frequencies band authorized (paragraph)
----------------------------------------------------------------------------------------------------------------

* * * * * * *
HF

* * * * * * *
40 m............................ 7.000-7.100 MHz.... RTTY, data......... (3), (9)
40 m............................ 7.075-7.100 MHz.... Phone, image....... (1), (2), (9), (11)
40 m............................ 7.100-7.125 MHz.... RTTY, data......... (3), (9)
40 m............................ 7.125-7.300 MHz.... Phone, image....... (1), (2)

* * * * * * *
VHF

* * * * * * *
1.25 m.......................... 219-220 MHz........ Data............... (13)
Do............................. 222-225 MHz........ RTTY, data, test (2), (6), (8)
MCW, phone, SS,
image.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 66465]]

* * * * *

0
20. Amend Sec. 97.309 by revising paragraph (b) introductory text to
read as follows:

Sec. 97.309 RTTY and data emission codes.

* * * * *
(b) Where authorized by Sec. Sec. 97.305(c) and 97.307(f) of this
part, a station may transmit a RTTY or data emission using an
unspecified digital code, except to a station in a country with which
the United States does not have an agreement permitting the code to be
used. RTTY and data emissions using unspecified digital codes must not
be transmitted for the purpose of obscuring the meaning of any
communication. When deemed necessary by a District Director to assure
compliance with the FCC Rules, a station must:
* * * * *

0
21. Amend Sec. 97.313 by revising paragraph (c) introductory text,
(c)(1) and (c)(2) to read as follows:

Sec. 97.313 Transmitter power standards.

* * * * *
(c) No station may transmit with a transmitter power exceeding 200
W PEP:
(1) On the 10.10-10.15 MHz segment;
(2) When the control operator is a Novice Class operator or a
Technician Class operator who has received credit for proficiency in
telegraphy in accordance with the international requirements; or
* * * * *

0
22. Revise Sec. 97.315 to read as follows:

Sec. 97.315 Certification of external RF power amplifiers.

(a) Any external RF power amplifier (see Sec. 2.815 of the FCC
Rules) manufactured or imported for use at an amateur radio station
must be certificated for use in the amateur service in accordance with
subpart J of part 2 of the FCC Rules. No amplifier capable of operation
below 144 MHz may be constructed or modified by a non-amateur service
licensee without a grant of certification from the FCC.
(b) The requirement of paragraph (a) does not apply if one or more
of the following conditions are met:
(1) The amplifier is constructed or modified by an amateur radio
operator for use at an amateur station.
(2) The amplifier was manufactured before April 28, 1978, and has
been issued a marketing waiver by the FCC, or the amplifier was
purchased before April 28, 1978, by an amateur radio operator for use
at that operator's station.
(3) The amplifier is sold to an amateur radio operator or to a
dealer, the amplifier is purchased in used condition by a dealer, or
the amplifier is sold to an amateur radio operator for use at that
operator's station.
(c) Any external RF power amplifier appearing in the Commission's
database as certificated for use in the amateur service may be marketed
for use in the amateur service.

0
23. Revise Sec. 97.317 to read as follows:

Sec. 97.317 Standards for certification of external RF power
amplifiers.

(a) To receive a grant of certification, the amplifier must:
(1) Satisfy the spurious emission standards of Sec. 97.307 (d) or
(e) of this part, as applicable, when the amplifier is operated at the
lesser of 1.5 kW PEP or its full output power and when the amplifier is
placed in the ``standby'' or ``off'' positions while connected to the
transmitter.
(2) Not be capable of amplifying the input RF power (driving
signal) by more than 15 dB gain. Gain is defined as the ratio of the
input RF power to the output RF power of the amplifier where both power
measurements are expressed in peak envelope power or mean power.
(3) Exhibit no amplification (0 dB gain) between 26 MHz and 28 MHz.
(b) Certification shall be denied when:
(1) The Commission determines the amplifier can be used in services
other than the Amateur Radio Service, or
(2) The amplifier can be easily modified to operate on frequencies
between 26 MHz and 28 MHz.

0
24. Revise Sec. 97.401 to read as follows:

Sec. 97.401 Operation during a disaster.

A station in, or within 92.6 km (50 nautical miles) of, Alaska may
transmit emissions J3E and R3E on the channel at 5.1675 MHz (assigned
frequency 5.1689 MHz) for emergency communications. The channel must be
shared with stations licensed in the Alaska-Private Fixed Service. The
transmitter power must not exceed 150 W PEP. A station in, or within
92.6 km of, Alaska may transmit communications for tests and training
drills necessary to ensure the establishment, operation, and
maintenance of emergency communication systems.

0
25. Amend Sec. 97.407 by revising paragraph (b) to read as follows:

Sec. 97.407 Radio amateur civil emergency service.

* * * * *
(b) The frequency bands and segments and emissions authorized to
the control operator are available to stations transmitting
communications in RACES on a shared basis with the amateur service. In
the event of an emergency which necessitates invoking the President's
War Emergency Powers under the provisions of section 706 of the
Communications Act of 1934, as amended, 47 U.S.C. 606, RACES stations
and amateur stations participating in RACES may only transmit on the
frequency segments authorized pursuant to part 214 of this chapter.
* * * * *
0
26. Amend Sec. 97.505 by revising paragraph (a)(9) to read as follows:

Sec. 97.505 Element credit.

(a) * * *
(9) An expired FCC-granted Technician Class operator license
document granted before February 14, 1991; an expired FCC-granted
Technician Class operator license document granted after February 14,
1991 accompanied by documentation showing the examinee has passed a
telegraphy examination; or an expired FCC-granted General, Advanced, or
Amateur Extra Class operator license document: Element 1.
* * * * *

0
27. Amend Sec. 97.509 by revising paragraphs (a) and (m) to read as
follows:

Sec. 97.509 Administering VE requirements.

(a) Each examination for an amateur operator license must be
administered by a team of at least 3 VEs at an examination session
coordinated by a VEC. The number of examinees at the session may be
limited.
* * * * *
(m) After the administration of a successful examination for an
amateur operator license, the administering VEs must submit the
application document to the coordinating VEC according to the
coordinating VEC's instructions.

0
28. Amend Sec. 97.519 by revising paragraph (b) introductory text to
read as follows:

Sec. 97.519 Coordinating examination sessions.

* * * * *
(b) At the completion of each examination session, the coordinating
VEC must collect applicant information and test results from the
administering VEs. The coordinating VEC must:
* * * * *
[FR Doc. E6-19189 Filed 11-14-06; 8:45 am]

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