Know Your FCC Rulemaking Process

By Dan Romanchik, KB6NU

Around Christmastime, a furor arose over a petition to change the

rules regarding the use of digital modes. The petition number is

RM-11392. You can find it on the FCC website by going to

http://gullfoss2.fcc.gov/prod/ecfs/comsrch_v2.cgi and entering the

petition number in the Proceeding text box. The petition will be

the highest numbered document returned.

While the petition is interesting in and of itself, what's more

interesting is how some hams got all excited about this petition.

Many thought that rules changes were imminent, and they urged

everyone to rush right over to the FCC website and comment. While

it's a good thing for hams to be vigilant about proposed rule

changes, this petition was nowhere near being turned into a rule.

On the Web page, "FCC Rulemaking Process"

(http://www.fcc.gov/rules.html), the FCC describes the four steps

that occur before a petition is translated into rules changes:

1. Notice of Inquiry (NOI). During this phase, they gather comments

on the petition.

2. Notice of Proposed Rulemaking (NPRM). If they determine that a

petition has merit, they move to this stage. These are the rules

changes that the FCC itself proposes to make, based on the petition

and the comments received.

3. Further Notice of Proposed Rulemaking (FNPRM). Changes may be

made to the NPRM after receiving comments on the NPRM.

4. Report & Order (R&O). The R&O is the document containing the

rules changes or an explanation of why no rules changes are being

made at this time.

At the time when everyone was getting excited about this, there was

no NPRM in the list of documents relating to RM-11392. The petition

was filed on 3/27/07, released for comments on 8/28/07, and the first

comment wasnt entered until 11/20/07. Only two other comments were

entered until all the recent publicity. This particular petition is

still a long way from becoming a Part 97 rule, and if I had to guess,

I'd say that it will never even get to the NPRM stage.

Dont get me wrong. I am not saying that it isnt important to read

and comment on petitions. But before you get your knickers in a twist

over a particular petition or proposal, you need to know where it is

in the process. This process can be excruciatingly slow sometimes,

but slow is not always a bad thing. By not rushing petitions through

the rulemaking process, the FCC ensures that it gets comments from

all concerned and that all those who are interested in an issue can

take their time to draft a really cogent comment.

When he's not scanning the FCC website or eHam.net for the latest ham

radio controversy, KB6NU works CW and PSK on the HF bands and blogs

about ham radio at www.kb6nu.com. You can reach him by e-mail at

[email protected].