[Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)]
[Rules and Regulations]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27139]
[[Page Unknown]]
[Federal Register: November 2, 1994]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[DA 94-1158]
Revised Procedures for Filing an Amateur Service License
Application
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Order amends the amateur service rules to provide an
electronic filing capability to the volunteer-examiner coordinators
(VECs), to clarify that amateur station and operator licensees are
authorized as soon as the license data is entered into the Commission's
licensee data base, and to reflect other non-substantive procedural
changes. This action is necessary because recent modernization of the
Commission's data processing capabilities makes it possible to greatly
reduce the time it takes for us to grant licenses in the amateur
service, and all of the VECs have notified us that they want to begin
electronic filing of license application data as soon as possible. The
intended effect of this action is to allow successful license examinees
to operate their amateur stations as soon as possible. The text of the
final rules is at the end of this document.
EFFECTIVE DATE: December 20, 1994.
FOR FURTHER INFORMATION CONTACT:
William T. Cross, Special Services Division, Private Radio Bureau,
Federal Communications Commission, Washington, DC. 20554; or telephone
(202) 632-4964.
SUPPLEMENTARY INFORMATION:
1. This is a summary of the Order adopted October 17, 1994, and
released October 24, 1994. The complete text of this Order, including
the rule amendments, may also be purchased from the Commission's copy
contractor, International Transcription Service, (202) 857-3800, 2100 M
Street NW., Suite 140, Washington, DC 20037.
2. Accepting from the VECs electronically filed data from
applications for new and upgraded amateur operator licenses, will
eliminate the time and effort required for the VECs to send, and for
the Commission to receive, application documents by mail. As part of
their routine operations, the VECs enter the data from the application
documents they receive into an electronic form that can be sent at high
speed over telephone lines to our license processing facility. This
data can be used as received so that our license processors could
discontinue manually reentering the data into the processing system. We
have been making arrangements with the VECs to enable them to use
electronic filing procedures similar to those that have been
implemented for certain private land mobile radio services. The FCC
Form 610 has been revised to accommodate electronic filing. VECs may
also continue to send by mail to our license processing facility the
application documents.
3. The decision to grant a license occurs when our license
processing facility enters the data into the amateur service licensee
data base. Currently, however, the new licensee must delay beginning
operation until a license document can be printed, mailed, and
delivered. This procedure can result in several weeks delay during
which the licensee cannot operate an amateur station. Fortunately,
information technology is making our amateur service licensee data base
more widely available, thus diminishing the need for an amateur
operator to hold a license document before exercising the privileges
authorized by the grant of the license. We are amending the rules,
therefore, to authorize operation on the basis of the licensee data
appearing in the amateur service licensee data base.
4. Beginning in 1995, our new system also will give us the
capability to make a timely mailing to a licensee's address of record a
renewal short form, filled in and ready for signature. We are amending
the rules to allow this form to be used. Because we cannot be certain
of delivery of the form to every licensee in every instance, however,
we will also continue to allow the Form 610 to be used for renewing
licenses.
5. We are also combining into Sec. 97.509 all of the administering
volunteers examiner (VE) requirements that are presently stated in four
separate rule sections, and adding new Sec. 97.511, Examinee conduct,
to emphasize that an examinee must comply with the instructions given
by the administering VEs. Further, we are amending Sec. 97.9 to treat
Technician Plus as a license class.
6. We certify that the Regulatory Flexibility Act of 1980 does not
apply to the amended rules because there will not be any significant
economic impact on a substantial number of small business entities, as
defined by section 601(3) of the Regulatory Flexibility Act. The
amateur service may not be used to transmit communications for
compensation, for the pecuniary benefit of the station control operator
or the station control operator's employer, or for communications, on a
regular basis, which could reasonably be furnished through other radio
services. See 47 CFR 97.113.
7. The Secretary shall send a copy of this Order, including the
certification, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 605(b) of the Regulatory
Flexibility Act, Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612
(1981).
8. The Commission ordered that effective December 20, 1994, part 97
of the Commission's rules, 47 CFR part 97, IS AMENDED as set forth
below.
List of Subjects in 47 CFR Part 97
Radio, Reporting and recordkeeping requirements, Volunteers.
Federal Communications Commission.
Ralph A. Haller,
Chief, Private Radio Bureau.
Part 97 of chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 97--AMATEUR RADIO SERVICE
1. The authority citation for part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
2. Section 97.5 is revised to read as follows:
Sec. 97.5 Station license required.
(a) The person having physical control of the station apparatus
must have been granted a station license of the type listed in
paragraph (b) of this section, or hold an unexpired document of the
type listed in paragraph (c) of this section, before the station may
transmit on any amateur service frequency from any place that is:
(1) Within 50 km of the Earth's surface and at a place where the
amateur service is regulated by the FCC;
(2) Within 50 km of the Earth's surface and aboard any vessel or
craft that is documented or registered in the United States; or
(3) More than 50 km above the Earth's surface aboard any craft that
is documented or registered in the United States.
(b) The types of station licenses are:
(1) An operator/primary station license. One, but only one,
operator/primary station license is granted to each person who is
qualified to be an amateur operator. The primary station license is
granted together with the amateur operator license. Except for a
representative of a foreign government, any person who qualifies by
examination is eligible to apply for an operator/primary station
license. The operator/primary station license document is printed on
FCC Form 660.
(2) A club station license. A club station license is granted only
to the person who is the license trustee designated by an officer of
the club. The trustee must be a person who has been granted an Amateur
Extra, Advanced, General, Technician Plus, or Technician operator
license. The club must be composed of at least two persons and must
have a name, a document of organization, management, and a primary
purpose devoted to amateur service activities consistent with this
Part. The club station license document is printed on FCC Form 660.
(3) A military recreation station license. A military recreation
station license is granted only to the person who is the license
custodian designated by the official in charge of the United States
military recreational premises where the station is situated. The
person must not be a representative of a foreign government. The person
need not have been granted an amateur operator license. The military
recreation station license document is printed on FCC Form 660.
(4) A RACES station license. A RACES station license is granted
only to the person who is the license custodian designated by the
official responsible for the governmental agency served by that civil
defense organization. The custodian must be the civil defense official
responsible for coordination of all civil defense activities in the
area concerned. The custodian must not be a representative of a foreign
government. The custodian need not have been granted an amateur
operator license. The RACES station license document is printed on FCC
Form 660.
(c) The types of documents are:
(1) A reciprocal permit for alien amateur licensee (FCC Form 610-
AL) issued to the person by the FCC.
(2) An amateur service license issued to the person by the
Government of Canada. The person must be a Canadian citizen.
(d) A person who has been granted a station license of the type
listed in paragraph (b) of this section, or who holds an unexpired
document of the type listed in paragraph (c) of this section, is
authorized to use in accordance with the FCC Rules all transmitting
apparatus under the physical control of the station licensee at points
where the amateur service is regulated by the FCC.
3. Section 97.7 is revised to read as follows:
Sec. 97.7 Control operator required.
When transmitting, each amateur station must have a control
operator. The control operator must be a person who has been granted an
amateur operator/primary station license, or who holds an unexpired
document of the following types:
(a) A reciprocal permit for alien amateur licensee (FCC Form 610-
AL) issued to the person by the FCC, or
(b) An amateur service license issued to the person by the
Government of Canada. The person must be a Canadian citizen.
4. Section 97.9 is revised to read as follows:
Sec. 97.9 Operator license.
(a) The classes of amateur operator licenses are: Novice,
Technician, Technician Plus (until such licenses expire, a Technician
Class license granted before February 14, 1991, is considered a
Technician Plus Class license), General, Advanced, and Amateur Extra. A
person who has been granted an operator license is authorized to be the
control operator of an amateur station with the privileges of the
operator class specified on the license.
(b) A person who has been granted an operator license of Novice,
Technician, Technician Plus, General, or Advanced class and who has
properly submitted to the administering VEs an application document,
FCC Form 610, for an operator license of a higher class, and who holds
a CSCE indicating that the person has completed the necessary
examinations within the previous 365 days, is authorized to exercise
the rights and privileges of the higher operator class until final
disposition of the application or until 365 days following the passing
of the examination, whichever comes first.
5. Section 97.17 is revised to read as follows:
Sec. 97.17 Application for new license or reciprocal permit for alien
amateur licensee.
(a) Any qualified person is eligible to apply for an amateur
service license.
(b) Each application for a new amateur service license must be made
on the proper document:
(1) FCC Form 610 for a new operator/primary station license;
(2) FCC Form 610-A for a reciprocal permit for alien amateur
licensee; and
(3) FCC Form 610-B for a new amateur service club or military
recreation station license.
(c) Each application for a new operator/primary station license
must be submitted to the VEs administering the qualifying examination.
(d) Any eligible person may apply for a reciprocal permit for alien
amateur licensee. The application document, FCC Form 610-A, must be
submitted to the FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
(1) The person must be a citizen of a country with which the United
States has arrangements to grant reciprocal operating permits to
visiting alien amateur operators is eligible to apply for a reciprocal
permit for alien amateur licensee.
(2) The person must be a citizen of the same country that issued
the amateur service license.
(3) No person who is a citizen of the United States, regardless of
any other citizenship also held, is eligible for a reciprocal permit
for alien amateur licensee.
(4) No person who has been granted an amateur operator license is
eligible for a reciprocal permit for alien amateur licensee.
(e) No person shall obtain or attempt to obtain, or assist another
person to obtain or attempt to obtain, an amateur service license or
reciprocal permit for alien amateur licensee by fraudulent means.
(f) One unique call sign will be shown on the license of each new
primary station. The call sign will be selected by the sequential call
sign system.
(g) No new license for a club, military recreation, or RACES
station will be granted.
Sec. 97.19 [Removed and reserved]
6. Section 97.19 is removed and reserved.
7. Section 97.21 is revised to read as follows:
Sec. 97.21 Application for a modified or renewed license.
(a) A person who has been granted an amateur station license that
has not expired:
(1) Must apply for a modification of the license as necessary to
show the correct mailing address, licensee name, club name, license
trustee name, or license custodian name. The application document must
be submitted to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
For an operator/primary station license, the application must be made
on FCC Form 610. For a club, military recreation, or RACES station
license, the application must be made on FCC Form 610-B.
(2) May apply for a modification of the license to show a higher
operator class. The application must be made on FCC Form 610 and must
be submitted to the VEs administering the qualifying examination.
(3) May apply for renewal of the license for another term. (The FCC
may mail to the licensee an FCC Form 610-R that may be used for this
purpose.) The application may be made on the FCC Form 610-R if it is
received from the FCC. If the Form 610-R is not received from the FCC
at least 30 days before the expiration of the license, for an operator/
primary station license, the application may be made on FCC Form 610.
For a club, military recreation, or RACES station license, the
application may be made on FCC Form 610-B. The application must be
submitted no more than 90 days before its expiration to: FCC, 1270
Fairfield Road, Gettysburg, PA 17325-7245. When the application for
renewal of the license has been received by the FCC at 1270 Fairfield
Road, Gettysburg, PA 17325-7245 prior to the license expiration date,
the license operating authority is continued until the final
disposition of the application.
(4) May apply for a modification of the license to show a different
call sign selected by the sequential call sign system. The application
document must be submitted to: FCC, 1270 Fairfield Road, Gettysburg, PA
17325-7245. The application must be made on FCC Form 610. This
modification is not available to club, military recreation, or RACES
stations.
(b) A person who had been granted an amateur station license, but
the license has expired, may apply for renewal of the license for
another term during a 2 year filing grace period. The application
document must be received by the FCC at 1270 Fairfield Road,
Gettysburg, PA 17325-7245 prior to the end of the grace period. For an
operator/primary station license, the application must be made on FCC
Form 610. For a club, military recreation, or RACES station license,
the application must be made on FCC Form 610-B. Unless and until the
license is renewed, no privileges in this part are conferred.
(c) Each application for a modified or renewed amateur service
license must be accompanied by a photocopy (or the original) of the
license document unless an application for renewal using FCC Form 610-R
is being made, or unless the original document has been lost, mutilated
or destroyed.
(d) Unless the holder of a station license requests a change in
call sign, the same call sign will be assigned to the station upon
renewal or modification of a station license.
(e) A reciprocal permit for alien amateur licensee cannot be
renewed. A new reciprocal permit for alien amateur licensee may be
issued upon proper application.
8. Section 97.23 is revised to read as follows:
Sec. 97.23 Mailing address.
(a) Each application for a license and each application for a
reciprocal permit for alien amateur licensee must show a mailing
address in an area where the amateur service is regulated by the FCC
and where the licensee or permittee can receive mail delivery by the
United States Postal Service. Each application for a reciprocal permit
for alien amateur licensee must also show the permittee's mailing
address in the country of citizenship.
(b) When there is a change in the mailing address for a person who
has been granted an amateur operator/primary station license, the
person must file a timely application for a modification of the
license. Revocation of the station license or suspension of the
operator license may result when correspondence from the FCC is
returned as undeliverable because the person failed to provide the
correct mailing address.
(c) When a person who has been granted a reciprocal permit for
alien amateur licensee changes the mailing address where he or she can
receive mail delivery by the United States Postal Service, the person
must file an application for a new permit. Cancellation of the
reciprocal permit for alien amateur licensee may result when
correspondence from the FCC is returned as undeliverable because the
permittee failed to provide the correct mailing address.
9. Section 97.25 is revised to read as follows:
Sec. 97.25 License term.
(a) An amateur service license is normally granted for a 10-year
term.
(b) A reciprocal permit for alien amateur licensee is normally
granted for a 1-year term.
10. Section 97.27 is revised to read as follows:
Sec. 97.27 FCC modification of station license.
(a) The FCC may modify a station license, either for a limited time
or for the duration of the term thereof, if it determines:
(1) That such action will promote the public interest, convenience,
and necessity; or
(2) That such action will promote fuller compliance with the
provisions of the Communications Act of 1934, as amended, or of any
treaty ratified by the United States.
(b) When the FCC makes such a determination, it will issue an order
of modification. The order will not become final until the licensee is
notified in writing of the proposed action and the grounds and reasons
therefor. The licensee will be given reasonable opportunity of no less
than 30 days to protest the modification; except that, where safety of
life or property is involved, a shorter period of notice may be
provided. Any protest by a licensee of an FCC order of modification
will be handled in accordance with the provisions of 47 U.S.C. 316.
11. Section 97.29 is added to read as follows:
Sec. 97.29 Replacement license document.
Each person who has been granted an amateur station license or
reciprocal permit for alien amateur licensee whose original license
document or permit document is lost, mutilated or destroyed must
request a replacement. The request must be made to: FCC, 1270 Fairfield
Road, Gettysburg, PA 17325-7245. A statement of how the document was
lost, mutilated, or destroyed must be attached to the request. A
replacement document must bear the same expiration date as the document
that it replaces.
12. In Sec. 97.301, introductory text of paragraphs (a) through (f)
are revised to read as follows:
Sec. 97.301 Authorized frequency bands.
* * * * *
(a) For a station having a control operator who has been granted an
operator license of Technician, Technician Plus, General, Advanced, or
Amateur Extra Class:
* * * * *
(b) For a station having a control operator who has been granted an
operator license of Amateur Extra Class:
* * * * *
(c) For a station having a control operator who has been granted an
operator license of Advanced Class:
* * * * *
(d) For a station having a control operator who has been granted an
operator license of General Class;
* * * * *
(e) For a station having a control operator who has been granted an
operator license of Novice or Technician Plus Class:
* * * * *
(f) For a station having a control operator who has been granted an
operator license of Novice Class:
* * * * *
13. Section 97.501 is amended by revising the introductory text,
paragraphs (d) and (e), and by adding new paragraph (f) to read as
follows:
Sec. 97.501 Qualifying for an amateur operator license.
Each applicant for the grant of a new amateur operator license or
for the grant of a modified license to show a higher operator class,
must pass or otherwise receive credit for the examination elements
specified for the class of operator license sought:
* * * * *
(d) Technician Plus Class operator: Elements 1(A) or 1(B) or 1(C),
2, and 3(A).
(e) Technician Class operator: Elements 2 and 3(A).
(f) Novice Class operator: Elements 1(A) or 1(B) or 1(C), and 2.
14. Section 97.505 is revised to read as follows:
Sec. 97.505 Element credit.
(a) The administering VEs must give credit as specified below to an
examinee holding any of the following documents:
(1) An unexpired (or expired but within the grace period for
renewal) FCC-granted Advanced Class operator license document: Elements
1(B), 2, 3(A), 3(B), and 4(A).
(2) An unexpired (or expired but within the grace period for
renewal) FCC-granted General Class operator license document: Elements
1(b), 2, 3(A), and 3(B).
(3) An unexpired (or expired but within the grace period for
renewal) FCC-granted Technician Plus Class operator (including a
Technician Class operator license granted before February 14, 1991)
license document: Elements 1(A), 2, and 3(A).
(4) An unexpired (or expired but within the grace period for
renewal) FCC-granted Technician Class operator license document:
Elements 2 and 3(A).
(5) An unexpired (or expired but within the grace period for
renewal) FCC-granted Novice Class operator license document: Elements
1(A) and 2.
(6) A CSCE: Each element the CSCE indicates the examinee passed
within the previous 365 days.
(7) An unexpired (or expired for less than 5 years) FCC-issued
commercial radiotelegraph operator license document or permit: Element
1(C).
(8) An expired or unexpired FCC-issued Technician Class operator
license document granted before March 21, 1987: Element 3(B).
(9) An expired or unexpired FCC-issued Technician Class license
document granted before February 14, 1991: Element 1(A).
(10) An unexpired (or expired but within the grace period for
renewal), FCC-granted Novice, Technician Plus (including a Technician
Class operator license granted before February 14, 1991), General, or
Advanced Class operator license document, and an FCC Form 610
containing:
(i) A physician's certification stating that because the person is
an individual with a severe handicap, the duration of which will extend
for more than 365 days beyond the date of the certification, the person
is unable to pass a 13 or 20 words per minute telegraphy examination;
and
(ii) A release signed by the person permitting the disclosure to
the FCC of medical information pertaining to the person's handicap:
Element 1(C).
(b) No examination credit, except as herein provided, shall be
allowed on the basis of holding or having held any other license grant
or document.
15. Section 97.507 is amended by revising introductory text of
paragraph (a) and paragraph (a)(3) to read as follows:
Sec. 97.507 Preparing an examination.
(a) Each telegraphy message and each written question set
administered to an examinee must be prepared by a VE who has been
granted an Amateur Extra Class operator license. A telegraphy message
or written question set, however, may also be prepared for the
following elements by a VE who has been granted an FCC operator license
of the class indicated:
* * * * *
(3) Element 2: Advanced, General, Technician, or Technician Plus
Class operator.
* * * * *
16. Section 97.509 is revised to read as follows:
Sec. 97.509 Administering VE requirements.
(a) Each examination for an amateur operator license must be
administered by 3 administering VEs at an examination session
coordinated by a VEC. Before the session, the administering VEs must
make a public announcement stating the location and time of the
session. The number of examinees at the session may be limited.
(b) Each administering VE must:
(1) Be accredited by the coordinating VEC;
(2) Be at least 18 years of age;
(3) Be a person who has been granted an FCC amateur operator
license document of the class specified below:
(i) Amateur Extra, Advanced, or General Class in order to
administer a Novice, Technician, or Technician Plus Class operator
license examination;
(ii) Amateur Extra Class in order to administer a General,
Advanced, or Amateur Extra Class operator license examination.
(4) Not be a person whose grant of an amateur station license or
amateur operator license has ever been revoked or suspended.
(5) Not own a significant interest in, or be an employee of, any
company or other entity that is engaged in the manufacture or
distribution of equipment used in connection with amateur station
transmissions, or in the preparation or distribution of any publication
used in preparation for obtaining amateur operator licenses. (An
employee who does not normally communicate with that part of an entity
engaged in the manufacture or distribution of such equipment, or in the
preparation or distribution of any publication used in preparation for
obtaining amateur operator licenses, may be an administering VE.)
(c) Each administering VE must be present and observing the
examinee throughout the entire examination. The administering VEs are
responsible for the proper conduct and necessary supervision of each
examination. The administering VEs must immediately terminate the
examination upon failure of the examinee to comply with their
instructions.
(d) No VE may administer an examination to his or her spouse,
children, grandchildren, stepchildren, parents, grandparents,
stepparents, brothers, sisters, stepbrothers, stepsisters, aunts,
uncles, nieces, nephews, and in-laws.
(e) No VE may administer or certify any examination by fraudulent
means or for monetary or other consideration including reimbursement in
any amount in excess of that permitted. Violation of this provision may
result in the revocation of the grant of the VE's amateur station
license and the suspension of the grant of the VE's amateur operator
license.
(f) No examination that has been compromised shall be administered
to any examinee. Neither the same telegraphy message nor the same
question set may be re-administered to the same examinee.
(g) Passing a telegraphy receiving examination is adequate proof of
an examinee's ability to both send and receive telegraphy. The
administering VEs, however, may also include a sending segment in a
telegraphy examination.
(h) Upon completion of each examination element, the administering
VEs must immediately grade the examinee's answers. The administering
VEs are responsible for determining the correctness of the examinee's
answers.
(i) When the examinee is credited for all examination elements
required for the operator license sought, the administering VEs must
certify on the examinee's application document that the applicant is
qualified for the license.
(j) When the examinee does not score a passing grade on an
examination element, the administering VEs must return the application
document to the examinee and inform the examinee of the grade.
(k) The administering VEs must accommodate an examinee whose
physical disabilities require a special examination procedure. The
administering VEs may require a physician's certification indicating
the nature of the disability before determining which, if any, special
procedures must be used.
(l) The administering VEs must issue a CSCE to an examinee who
scores a passsing grade on an examination element.
(m) Within 10 days of the administration of a successful
examination for an amateur operator license, the administering VEs must
submit the application document to the coordinating VEC.
17. Section 97.511 is revised to read as follows:
Sec. 97.511 Examinee conduct.
Each examinee must comply with the instructions given by the
administering VEs.
Sec. 97.515 [Removed and reserved]
18. Section 97.515 is removed and reserved.
Sec. 97.517 [Removed and reserved]
19. Section 97.517 is removed and reserved.
20. Section 97.519 is amended by revising paragraph (b) and adding
a new paragraph (d) to read as follows:
Sec. 97.519 Coordinating examination sessions.
* * * * *
(b) At the completion of each examination session, the coordinating
VEC must collect the FCC Forms 610 documents and test results from the
administering VEs. Within 10 days of collecting the FCC Forms 610
documents, the coordinating VEC must screen and, for qualified
examinees, forward electronically or on diskette the data contained on
the FCC Forms 610 documents, or forward the FCC Form 610 documents, to:
FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. When the data is
forwarded electronically, the coordinating VEC must retain the FCC
Forms 610 documents for at least fifteen months and make them available
to the FCC upon request.
* * * * *
(d) The FCC may:
(1) Administer any examination element itself;
(2) Readminister any examination element previously administered by
VEs, either itself or under the supervision of a VEC or VEs designated
by the FCC; or
(3) Cancel the operator/primary station license of any licensee who
fails to appear for readministration of an examination when directed by
the FCC, or who does not successfully complete any required element
that is readministered. In an instancce of such cancellation, the
person will be granted an operator/primary station license consistent
with completed examination elements that have not been invalidated by
not appearing for, or by failing, the examination upon
readministration.
[FR Doc. 94-27139 Filed 11-1-94; 8:45 am]
BILLING CODE 6712-01-M
