[net.ham-radio] FCC NPRM on Automatic Control

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