karn@petrus.UUCP (04/24/85)
C2970 CC123 JEFF WARD (ARRL,2977) 4/23/85 4:56 PM L:285
KEYS:/RM-4879/FCC/AUTOMATIC CONTROL/
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
Amendment of Part 97 of the PR Docket No. 85-105
Commission's Rule to Permit RM-4879
automatic control of amateur radio
stations
NOTICE OF PROPOSED RULE MAKING
Adopted: April 5, 1985 Releasted: April 11, 1985
By the Commission:
1. Notice of proposed Rule Making in the above-captioned
matter is hereby given.
2. The Commission has received a petition (RM-4879) from
the Americal Radio Relay League, Inc., (ARRL) seeking to amend
the Amateur Radio Service Rules to permit automatic control of
digital communications on all amateur frequencies above 30 MHz.1/
The ARRL notes that Part 97 currently contains provisions for
automatic control of stations in repearter, auxiliary and beacon
operation but makes no provision for automatic control of routine
digital communications. In support of it's petition, the ARRL
states that a variety of digital codes, such as redioteleprinter,
transfer of computer programs, direct computer-to-computer
communications and "packet switching" systems lend themselves to
a mode of amateur radio transmission where a control operator
need not be present. According to the ARRL, present
microprocessor and computer technology now routinely present at
amateur stations can automatically transmit and receive digital
communications, verify receipt of messages and respond to
inquiries. The ARRL notes that the use of the Computer Based
Message Systems (CBMS) are something new in amateur
communications and should be encourage by more experimentation,
including automatic control which is both feasible and necessary
to facilitate further development in the art of amateur radio.
Two timely comments were filed. Both supported the petition for
rule making.
3. Automatic control in the Amateur Radio Service has
previously been approved for repeater, auxiliary links and beacon
operations. 2/ With an ever-growing list of amateur operations
where automatic control is permitted, we believe that now may be
the appropriate time to expand automatic control to all amateur
operations, prohibiting its use only in those situations where
there is a justifiable reason why automatic control should not be
allowed. Therefore, we invite amateur radio operators in
general, and amateurs experienced in automatic control in
particular, to submit comments calling to our attention any
problems that may arise by expanding automatic control to
encompass all amateur radio operations. Our goal is to keep the
amateur service abreast of technological developments and to
utilize new technology, such as CBMS, where appropriate. On the
other hand, we do not want to introduce any innovations into the
service which would be disruptive of amateur communications or
which would essentially change the character of the service.
4. We propose that any amateur radio station may be under
automatic control, except when transmitting on frequencies below
29.5 MHz. As noted earlier, the petitioner did not request
automatic control below 30 MHz. However, since automatic control
is already permitted for repeater operation between 29.5-29.7
MHz, it is reasonable to make the lower limit for automatic
control 29.5 MHz, rather than 30 MHz.
5. These proposed rule amendments would still prohibit
automatic control operations in any instance where the station is
transmitting third-party traffic. This is in accord with Section
97.79 (d) of the amateur rules which specifies that a control
operator must always be present when a third party is
participating in amateur radio communications. 3/
6. For purposes of this non-restricted notice and comment
rule making proceeding, members of the public are advised that ex
parte contacts are permitted from the time the Commission adopts
a Notice of Proposed Rule Mking until the time a public notice is
issued stating that a substantive disposition of the matter is to
be considered at a forthcoming meeting. In general, an ex parte
presentation is any written or oral communication (other than
formal written comments/pleadings and formal oral arguments)
between a person outside the Commission and a Commissioner or a
member of the Commission's staff which addresses the merits of
the proceeding. Any person who submits a written ex parte
presentattion must serve a copy of that presentation on the
Commission's Secretary for inclusion in the public file. Any
person who makes an oral ex parte presentation, addressing
matters not fully covered in any previously-files comments in the
proceeding, must prepare a written summary of that presentation;
on the day of the oral presentation, that written summary of that
must be served on the Commission's Secretary for inclusion in the
public file, with a copy to the Commission official receiving the
oral presentation. Each ex parte representation must also state
by docket number the proceeding to which it relates. A summary
of the Commitssion's procedures governing ex parte contacts in
informal rule makings is available from the Commission's Consumer
Assistance Office, FCC, Washington, D.C. 20554, (202) 632-7000.
7. Authority for issuance of this Notice is contained in
Sections 49(i) and (303)(g) and (r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i) and (303)(g) and (r).
Pursuant to the applicable procedures set forth in Section 1.415,
47 CFR 1.415, of the Commission's Rules, interested persons may
file comments on or before June 25, 1985, and reply comments on
or before July 25, 1985. All relevant and timely comments will
be considered by the Commission before final action is taken in
this proceeding. In reaching its decision, the Commission may
take into consideration information and ideas not contained in
the comments, provided that such information or a writing
indicating the nature and source of such information is placed in
the public file, and provided further that the fact of the
Commission's reliance on such information is noted in the Report
and Order.
8. In accordance with Section 1.419 of the Commision's
Rules, 47 CFR 1.419, formal participants must file an original
and five copies of their comments and other materials.
Participants who wish each Commissioner to have a personal copy
of their comments should file an original and eleven copies.
Members of the general public who wish to express their interest
by participating informally may do so by submitting one copy.
All comments are given the same consideration, regardless of the
number of copies submitted. Each set of comments must state on
its face the proceeding to which it relates (PR Docket Number)
and should be submitted to: The Secretary, Federal
Communications Commission, Washington, D.C. 20554. All documents
will be available for public inspection during regular business
hours in the Commission's Public Reference Room at its
headquarters in Washington, D.C.
9. In accordance with Section 605 of the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605), the Commission certifies
that these rules would not, if promulgated, have a significant
economic impact on a substantial number of small entities because
these entities may not use the Amateur Radio Service for
commercial radiocommunication (see 47 CFR 97.3 (b)). In
addition, the proposed rules concerning expansion of the
automatic control in the Amateur Radio Service would not
significantly impact on the manufacturers of amateur radio
equipment since devices installed to secure the radio equipment
from unauthorized use or to detect transmitter malfunction are
not usually purchased from such manufacturers.
10. In view of the foregoing, rule making petition RM-4879
filed by the ARRL IS GRANTED.
11. IT IS ORDERED, That the Secretary shall cause a copy of
this Notice to be served upon the Chief Counsel for Advocacy of
the Small Business Administration and the Secretary shall also
cause a copy of this Notice to be published in the Federal
Register.
12. For information concerning this proceeding, contact
Maurice J. DePont, Federal Communications Commission, Private
Radio Bureau, Washington, D.C. 20554 (202) 632-4964.
FEDERAL COMMUNICATIONS COMMISION
William J. Tricarico
Secretary
Attachment: Appendix
APPENDIX
Part 97 of Chapter I of Title 47 of the Code of Federal
Regulations would be amended, as follows:
1. Section 97.3 (m) (3) would be amended to read:
97.3 Definitions
* * * * *
(m) * * *
(1) * * *
(2) * * *
(3) Automatic Control means the use of devices and
procedures for control of an amateur station without
the control operator being present at the control
point.
1. Section 97.79 (b) would be amended to read:
97.79 Control operator requirements.
* * * * *
(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 respon-
sible for the proper operation of the station. For pur-
poses 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 exists to the
contrary.
3. A new section 97.80 would be added, as follows:
97.80 Operation under automatic control.
(a) An amateur radio station may be operated under
automatic control:
(1) When in beacon operation on frequencies 28.20-
28.30 MHz; and
(2) When transmitting on frequencies above 29.5
MHz, except when in beacon operation on:
(b) When under automatic control, devices must be in-
stalled 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 station.
(c) No amateur radio station may be operated under
automatic control while transmitting third-party
traffic.
(d) Automatic control of a station must cease upon
notification by the Engineer-in-Charge of a
Commission field office that the station is
transmitting improperly or causing harmful in-
terference to other stations. Automatic operation
must not be resumed without prior approval of the
Engineer-in-Charge.
4. Section 97.85 (e) would be deleted. Paragraphs (f), (g) and
(h) would be redesignated as paragraphs (e), (f) and (g),
respectively.
5. Section 97.86 (a) would be deleted. Paragraphs (b), (c) and
(d) would be redesignated as paragraphs (a), (b) and (c),
respectively.
6. Section 97.87 (b) and (c) would be deleted. Paragraph (d)
would be redesignated as paragraph (b) and paragraph (e)
would be redesignated as paragraph (c). In redesignated
paragraph (b), the last sentence would be amended to read:
"In such cases, the rules of 97.85 (e) (1) (2) and (3)
apply." A new paragraph (d) would be added to Section 97.87
to read, as follows:
(d) Beacons under automatic control transmitting below
432.08 MHz are restricted to the following emissions:
NON, A1A, F1B and J2A.
7. Section 97.114 would be amended by adding a new paragraph
(d) as follows:
97.114 Limitations on third-party traffic.
* * * * *
(d) Third-party traffic from any amateur radio station under
automatic control.
FOOTNOTES
1. The ARRL said that it was not requesting automatic control
for frequencies below 30 MHz (HF frequencies) because heavy
frequency usage below 30 MHz made manual control of digital
communications on those frequencies more appropriate.
2. For automatic control of stations in repeater and auxiliary
operation, see Report and Order in Docket No. 20012, adopted June
11, 1975; FCC 75-706; 40 FR 26524, June 24, 1975. For automatic
control of beacon operations, see Report and Order in PR Docket
No. 81-823, adopted October 21, 1982; FCC 82-455; 47 FR 50702,
November 9, 1982.
3. See also News Release, Report No. 2028, Mimeo No. 8832,
October 25, 1978.
C2970 CC124 JEFF WARD (ARRL,2977) 4/23/85 4:58 PM L:24
KEYS:/RM-4879/AUTOMATIC CONTROL/ARRL/
Subject: PR Docket No. 85-105, RM-4879
Some concern has been expressed about the above docket which is
to permit automatic control, particularly the wording that would
prohibit automatic control when transmitting third-party traffic.
We have been asked how to interpret this as well as what the
Commission intended by these words. Offering an opinion at this
time would not be productive. It would be better for you to take
the wording at face value and react to the FCC accordingly. If
you plan to comment to the FCC on this docket, please let us know
if you need any information on preparing comments. Also, when
you file comments with the FCC, please send a copy to the ARRL.
Another question has been "When will the ARRL act on this?" The
usual procedure is for the ARRL Executive Committee to determine
the policy position, then the Hq staff and legal counsel in
Washington prepare the specific wording of the comments. The next
meeting of the Executive Committee will be May 18, in Rochester.
So, if you wish to have the Executive Committee hear your point
of view, your comments should reach ARRL Hq (Attn: Dave Sumner) a
few days before the 18th.
73, Paul, W4RI