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