karn@petrus.UUCP (Phil R. Karn) (03/15/86)
Posted: Sat Mar 15, 1986 1:05 PM GMT Msg: OGIG-2422-5637
From: PRINALDO
To: DOCS
Subj: Text of FCC waiver
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Waiver of Section 97.80(b) and )
97.114(b)(4) of the Amateur )
Rules to Permit the Retransmission ) PR Docket No. 85-105
of Third-Party Traffic in Certain )
Situations )
ORDER
Adopted: March 14, 1986 Released: March 14, 1986
By the Chief, Private Radio Bureau:
1. On February 28, 1986, the American Radio Relay League, Inc. (ARRL)
filed a petition for Extraordinary Relief requesting the Commission to
temporarily waive Sections 97.80(b) and 97.114(b)(4) of the Rules to permit
amateur stations operating in a packet radio network under automatic control
to retransmit third-party traffic. The requested waiver would terminate when
the Commission adopts a final Order disposing of the petitions for
reconsideration filed in PR Docket No. 85-105.[1] In that proceeding, the
Commission authorized automatic control for stations transmitting digital
communications on amateur frequencies above 50 MHz, but noted that the
transmissions of third-party traffic by such stations would require the
supervision of the control operator.[2]
2. The prohibition against unsupervised third-party traffic has served
to ensure that amateur facilities and frequencies are not used by non-
amateurs. Only a person who has demonstrated the proper qualifications may be
a control operator of an amateur station. Such control operators screen any
third-party traffic to prevent transmissions which are prohibited by Subpart E
of the Amateur Rules.
3. Those prohibitions include, but are not limited to, business
communications, secret messages, radiocommunications for unlawful purposes and
radiocommunication with nations which have not assented to third-party
traffic. Self-policing has long been a cornerstone in the integrity of the
amateur service. The presense of the responsible licensed control operator at
each station has been a vital element in the amateur self-policing tradition.
But ARRL, in the instant petition and in its related petition for
reconsideration in this proceeding, argues that this safeguard is neither
practical nor effective in the context of packet radio technology.
3. In support of the instant petition the ARRL said that the effect of
application of traditional third-party traffic control operator requirements
to amateur packet radio would severely limit the development of this network
for the rapid and accurate relaying of messages and data. The ARRL requested
the waiver only for packet radio digital communications using, or compatible
with, their AX.25 protocol.[3] The waiver requested by ARRL only relates to
the retransmission of messages already properly screened; a control operator
will still be required at every amateur station introducing messages into a
packet radio system.
4. In view of the above, we believe a temporary waiver is in order until
the Commission has evaluated the arguments presented in the subject petitions
for reconsideration and issued a ruling on them. Packet radio in the Amateur
Service is in the developmental stages. Although interest in this area is
intense and growing, there are still only about 14,000 stations, or about 3%
of those licensed, equipped for packet radio operation. Thus the risks of
abuse are minimized by the small scope of packet operation which will obtain
during the period of this waiver. In the interim, more experience can be
gained with automatic control of stations retransmitting with the AX.25
protocol.
5. Accordingly, the waiver request of the ARRL IS GRANTED to the
following extent:
(a) The provisions of section 97.80(b) and 97.114(b)(4) are waived to permit
amateur stations, retransmitting digital packet radio communications (see
Section 97.69) on frequencies 50 MHz and above, using the AX.25 (or
compatible) protocol, to be operated under automatic control while
retransmitting third-party traffic. See Section 97.3(v).
(b) This waiver applies only to the retransmission of third-party traffic
originated at another amateur station which is under local control or
remote control. See Section 97.3(m).
(c) When an amateur station is operated under automatic control, devices must
be installed and procedures implemented which will ensure compliance with
the rules, when the control operator is not present at the control point
of the amateur station. See Section 97.80(a).
(d) This waiver will remain in effect until the Commission takes final action
on the petitions for reconsideration filed in PR Docket 85-105.
6. Control operators of amateur stations capable of monitoring AX.25
packet transmissions must be alert to the increased dependency upom them for
monitoring during the period of this waiver. We call upon them to immediately
make known to the responsible control operator of a station retransmitting
communications under automatic control any misuse of the station so that the
control operator can take prompt corrective action.
[Signed]
Robert S. Foosaner
Chief, Private Radio Bureau
[1] Report and Order in PR Docket No. 85-105, adopted January 13, 1986; FCC
86-18; 51 Fed. Reg. 3069, January 23, 1986.
[2] See Sections 97.69(d) and 97.114(b)(4) of the Amateur Rules.
[3] See AX.25 "Amateur Packet Radio Link-Layer Protocol": Version 2.0,
Copyright 1984 by the American Radio Relay League; October 1984.