[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Proposed Rules]
[Pages 27272-27273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11386]
[[Page 27272]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[WT Docket No. 10-62; FCC 10-38]
Amateur Service Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend the amateur radio service
rules to facilitate the use of spread spectrum communications
technologies. The effect of this action is to enhance the usefulness of
the amateur service rules by making them conform with other Commission
rules, thereby eliminating licensee confusion when applying the rules
to amateur service operations.
DATES: Submit comments on or before June 14, 2010 and reply comments
are due June 28, 2010.
ADDRESSES: You may submit comments, identified by WT Docket No. 10-62;
FCC 10-38, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: William T. Cross, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau,
(202) 418-0680, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Notice of Proposed Rulemaking and Order
(NPRM), WT Docket No. 10-62, FCC 10-38, adopted March 11, 2010, and
released March 16, 2010. The full text of this document is available
for inspection and copying during normal business hours in the FCC
Reference Center, 445 12th Street, SW., Washington, DC 20554. The
complete text may be purchased from the Commission's copy contractor,
Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with
disabilities by sending an e-mail to [email protected] or by calling the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
1. The Commission initiated this proceeding to amend the part 97
Amateur Radio Service rules to facilitate the use of spread spectrum
(SS) communications technologies. The Commission found that one of the
purposes of the amateur service is to contribute to the advancement of
the radio art and that the use of amateur service spectrum to
experiment with SS communication systems is consistent with the basis
and purpose of the amateur service. Specifically, the Commission
proposed in this NPRM to amend the amateur service's SS rules to (1)
eliminate the automatic power control requirement applicable to
stations that transmit SS emissions and (2) reduce the maximum
transmitter power output amateur stations may use when transmitting SS
communications from one hundred watts to ten watts peak envelope power.
I. Procedural Matters
A. Ex Parte Rules--Permit-but-Disclose Proceeding
2. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's rules.
B. Comment Dates
3. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may file comments on or before June 14, 2010,
and reply comments are due June 28, 2010.
4. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or
the Federal eRulemaking Portal: http://www.regulations.gov.
5. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
6. Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before
entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
C. Paperwork Reduction Act
7. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
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).
II. Initial Regulatory Flexibility Analysis
8. The Regulatory Flexibility Act requires an initial regulatory
flexibility analysis to be prepared for notice and comment rulemaking
proceedings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' The RFA generally defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act. A ``small
business concern'' is one which: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
[[Page 27273]]
9. In the NPRM, we propose to amend the amateur service rules to
eliminate the requirement that an amateur station transmitting a SS
emission must automatically use APC to reduce the transmitter power
when the station transmits with a power greater than one watt and to
reduce from one hundred watts to a peak of ten watts the transmitter
power output that an amateur station may transmit when the station is
transmitting a SS emission.\1\ Because ``small entities,'' as defined
in the RFA, are not persons eligible for licensing in the amateur
service, this proposed rule does not apply to ``small entities.''
Rather, it applies exclusively to individuals who are the control
operators of amateur radio stations. Therefore, we certify that the
proposals in this NPRM, if adopted, will not have a significant
economic impact on a substantial number of small entities.
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\1\ See 47 CFR 97.311(d).
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III. Ordering Clauses
10. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 97
Radio.
Federal Communications Commission
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 97 as follows:
PART 97--AMATEUR RADIO SERVICE
1. 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.
Sec. 97.313 [Amended]
2. Section 97.311 is amended by removing paragraph (d).
3. Section 97.313 is amended by adding paragraph (j) to read as
follows:
Sec. 97.313 Transmitter power standards.
* * * * *
(j) No station may transmit with a transmitter output exceeding 10
W PEP when the station is transmitting a SS emission type.
[FR Doc. 2010-11386 Filed 5-13-10; 8:45 am]
BILLING CODE 6712-01-P