[net.ham-radio] CWID rules: the whole story

karn@eagle.UUCP (06/03/83)

To     :  All Packeteers
>From   :  Paul Rinaldo, W4RI (ARRL HQ)
Subject:  FCC Relaxes Rules -- No need to cw i-d on packet


     We  received  the  verbatim  text  of  an  FCC  release   of 
yesterday.   Although  individual packet stations are relieved of 
the  need  to  send  cw i-d,  I  would  certainly  encourage  the 
retention of cw i-d for all packet repeaters and packet  beacons.  
That  would help packeteers tell which repeaters are available to 
them  and  would  help  propagate  the  faith  to  current   non-
packeteers.

     Here it is:

                                Before the 
                Federal Communications Commission      FCC 83-247
                      Washington, DC 20554                  33301
                      

In the Matter of                     )
                                     )
Amendment of Part 97 of the          )
Commission's Rules Pursuant to the   )
Commission Regulatory Review         )
Program.                             )

                              ORDER

     Adopted:  May 26, 1983        Released:  June 1, 1983

By the Commission:  Commissioner Fogarty not participating; 
                    Commissioner Sharp absent.

     1.  Pursuant to the Commission's Regulatory Review 
program, the rules addressed herein are being amended or 
deleted, as appropriate, in order to eliminate unnecessary 
restrictions and rules, codify requirements of the Communi-
cations Act of 1934, as amended, or make editorial correc-
tions necessary for simplifiction or clarification of the 
rules.  The affected rule sections are:  ~ 97.13, 97.32, 
97.61, 97.69, 97.81, 97.84, 97.99 and 97.173.

     2.  We are deleting ~ 97.32(f), which currently prohi-
bits the renewal of Interim Amateur Permits, since renewals 
may be justified in circumstances where there is an extra-
ordinary delay in the issuance of permanent amateur operator 
and station licenses.

     3.  We are revising ~ 97.13(c) and ~ 97.13(d) to cor-
rect an omission in order that amateur operator license 
renewal applicants may submit a photocopy of their license 
in place of the original document.  We are deleting ~ 
97.67(a)(3), and revising ~~ 97.61(e), 97.69(a)(2) and 
97.67(b)(3) in order to rectify certain unintentional incon-
sistencies in our recent Order authorizing the use of the 
digital code "AMTOR" on Amateur Radio Service frequencies 
below 50 MHz. /1/ We are revising ~ 97.99 to delete the 
reference to the obsolete Form 452-C.  We are also revising 
~ 97.173(d) to change the incorrect reference to ~  97.41 to 
the correct reference, ~ 97.42.

     4.  We are adding a new paragraph to ~ 97.81 which 
codifies into the rules the existing requirements of the 
Communications Act of 1934, as amended, that specify that 
the Commission has the "...authority to inspect all radio 
installations ... which are subject to the provisions of any 
Act, treaty, or convention...." /2/ This amendment also 
codifies longstanding Commission policy in that the author-
ity to inspect amateur radio stations is a general condition 
of grant of all amateur licenses.

     5.  Finally, we are revising ~ 97.84 to allow station 
identification for amateur stations to be made by video when 
specific transmission standards are used, or, under some 
circumstances, by using certain common digital codes.  This 
will relieve a number of burdens amateur operators have 
faced when required to identify "packet radio" transmis-
sions, television transmissions where audio cannot be prac-
tically transmitted on the same operating frequencies, and 
transmissions where international third party traffic is 
exchanged and identification of the station being communi-
cated with is required. /3/

     6.  We are dispensing with the prior notice and comment 
procedure provisions of the Administrative Procedure Act 
(APA) in this proceeding since the subject rule changes are 
either interpretative (~~ 97.13, 97.69, 97.81, 97.99) or 
relate to agency procedure (~ 97.32), or since it is unlike-
ly that any objections would be received in view of the 
obvious benefits which are being conferred and we, there-
fore, find it unnecessary (~~ 97.61, 97.69, 97.84, 97.99). 
/4/  The APA's effective date requirements are also not 
applicable to these rule amendments because they either 
relieve a restriction, or are interpretative. /5/ Certain 
rule changes also addressed merely make editorial correc-
tions and the APA, therefore, does not apply (~ 97.173).

     7.  Inasmuch as general notice of proposed rule making 
is not required, the Regulatory Flexibility Act of 1980 does 
not apply.

     8.  Accordingly, IT IS ORDERED That, effective June 15, 
1983, Part 97 of the Commission's Rules and Regulations, 47 
CFR Part 97, IS AMENDED as set forth in the attached Appen-
dix.  This action is taken pursuant to authority contained 
in Sections 4(i) and 303 of the Communications Act of 1934, 
as amended.  Further information on this matter may be 
obtained by contacting:  Maurice J. DePont, (202) 632-4964, 
Federal Communications Commission, Private Radio Bureau, 
Washington, DC  20554.

                              FEDERAL COMMUNICATIONS COMMISSION


                              William J. Tricarico
                              Secretary

Attachment:  Appendix

/1/ 48 FR 7457 (February 22, 1983).

/2/ See Section 303(n) of the Communications Act of 1934, as 
amended.

/3/ Article 25, ~ 5 of the International Radio Regulations 
(Geneva, 1979) permits identification signals in the form 
of, among others, "a telegraph code compatible with conven-
tional printing equipment."  Furthermore, the television 
emissions which we are authorizing to be identified by video 
are those which can only take place on frequencies where 
international propagation is unlikely.

/4/ See 5 U.S.C. 553(b)(3).

/5/ See 5 U.S.C. 553(d).

                          APPENDIX

Part 97 of the Commission's Rules and Regulations, 47 CFR 
Part 97, is amended as follows:

     1.  In Section 97.13, paragraphs (c) and (d) are 
revised to read as follows:

~ 97.13 Renewal or modification of operator license.

     (c) Application for renewal and/or modification of an 
amateur operator license shall be submitted on FCC Form 610 
and shall be accompanied by the applicant's license or a 
photocopy thereof.  Application for renewal of unexpired 
licenses must be made during the license term and should be 
filed within 90 days, but not later than 30 days, prior to 
the end of the license term.  In any case in which the 
licensee has, in accordance with the provisions of this 
chapter, made timely and sufficient application for renewal 
of an unexpired license, no license with reference to any 
activity of a continuing nature shall expire until such 
application shall have been finally determined.

     (d) If a license is allowed to expire, application for 
renewal may be made during a period of grace of five years 
after the expiration date.  During this five-year period of 
grace, an expired license is not valid.  A license renewed 
during the grace period will be dated currently and will not 
be backdated to the date of its expiration.  Application for 
renewal shall be submitted on FCC Form 610 and shall be 
accompanied by the applicant license or a photocopy thereof.

     2.  In Section 97.32, paragraph (f) is deleted in its 
entirety.

     3.  In Section 97.61, the parenthetical phrase in 
paragraph (e) is revised to read as follows:

(when type F1 or A2J emissions are employed in these bands, 
the radio or audio frequency shift, as appropriate, shall 
not exceed 1000 Hz)

     4.  In Section 97.69, paragraph (a)(3) is deleted in 
its entirety and paragraphs (a)(2) and (b)(3) are revised to 
read as follows:

~ 97.69 Digital communications.

(a) * * *

(2) When type A2, F1 or F2 emissions are used on frequencies 
below 50 MHz, the radio or audio frequency shift (the dif-
ference between the frequency for the "mark" signal and that 
for the "space" signal), as appropriate, shall not exceed 
1000 Hz.  When these emissions are used on frequencies above 
50 MHz, the frequency shift, in hertz, shall not exceed the 
sending speed, in baud, of the transmission, or 1000 Hz, 
whichever is greater.

(b) * * *

(3) The International Radio Consultative Committee (CCIR) 
Recommendations 476-2 and 476-3 (commonly known as AMTOR); 
provided that the code, baud rate and emission timing shall 
conform to the specifications of CCIR 476-2 (1978) or CCIR 
476-3 (1982), Mode A or Mode B.

     5.  Section 97.81 is revised to read as follows:

~ 97.81 Authorized apparatus.

    (a) An amateur station license authorizes the use, under 
control of the licensee, of all transmitting apparatus at 
the fixed location specified in the station license which is 
operated on any frequency or frequencies allocated to the 
Amateur Radio Service, and, in addition, authorizes the use, 
under control of the licensee, of portable and mobile trans-
mitting apparatus operated at other locations.

    (b) The apparatus authorized for use by paragraph (a) of 
this section shall be available for inspection upon request 
by an authorized Commission representative.

     6.  In Section 97.84, paragraph (g) is revised to read 
as follows:

~ 97.84 Station identification.

    (g) The identification required by this section shall be 
given on each frequency being utilized for transmission and 
shall be made in one of the following manners:

    (1) By telegraphy using the international Morse code (if 
this identification is made by an automatic device used only 
for identification, the code speed shall not exceed 20 words 
per minute);

    (2) By telephony using the English language (the Commis-
sion encourages the use of a nationally or internationally 
recognized standard phonetic alphabet as an aid for correct 
telephone identification);

    (3) By telegraphy using any code authorized by ~ 
97.69(b), when the particular code is used for transmission 
of all or part of the communication or when the communica-
tion is transmitted in any digital code on frequencies above 
50 MHz; or 

    (4) By video using readily legible characters when A5 
emissions are used, the monochrome portions of which con-
form, at a minimum, to the monochrome transmission standards 
of ~ 73.682(a)(6) through ~ 73.682(a)(13), inclusive (with 
the exception of ~ 73.682(a)(9)(iii) and ~ 73.682 
(a)(9)(iv)).

     7.  In Section 97.99, the introductory paragraph is 
revised to read as follows:

~ 97.99 Stations used only for radio control of remote model 
crafts and vehicles.

    An amateur radio station in radio control operation with 
a mean output power not exceeding one watt may, when used 
for the control of a remote model craft or vehicle, be 
operated under the special provisions of this section, pro-
vided that a writing indicating the station call sign and 
the licensee's name and address is affixed to the trans-
mitter.

     8.  In Section 97.173, paragraph (d) is revised to read 
as follows:

~ 97.173 Application for RACES station license.

    (d) If the application is for a RACES station to be in 
any special manner covered by ~ 97.42, those showings speci-
fied for non-RACES stations shall also be submitted.