[Code of Federal Regulations] [Title 47, Volume 5, Parts 80 to end] [Revised as of October 1, 1997] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR97] [Page 674-710] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 97--AMATEUR RADIO SERVICE Subpart A--General Provisions Sec. 97.1 Basis and purpose. 97.3 Definitions. 97.5 Station license required. 97.7 Control operator required. 97.9 Operator license. 97.11 Stations aboard ships or aircraft. 97.13 Restrictions on station location. 97.15 Station antenna structures. 97.17 Application for new license or reciprocal permit for alien amateur licensee. 97.19 Application for a vanity call sign. 97.21 Application for a modified or renewed license. 97.23 Mailing address. 97.25 License term. 97.27 FCC modification of station license. 97.29 Replacement license document. Subpart B--Station Operation Standards 97.101 General standards. 97.103 Station licensee responsibilities. 97.105 Control operator duties. 97.107 Alien control operator privileges. 97.109 Station control. 97.111 Authorized transmissions. 97.113 Prohibited transmissions. 97.115 Third party communications. 97.117 International communications. 97.119 Station identification. 97.121 Restricted operation. Subpart C--Special Operations 97.201 Auxiliary station. 97.203 Beacon station. 97.205 Repeater station. 97.207 Space station. 97.209 Earth station. 97.211 Space telecommand station. 97.213 Telecommand of an amateur station. 97.215 Telecommand of model craft. 97.217 Telemetry. 97.219 Message forwarding system. 97.221 Automatically controlled digital station. Subpart D--Technical Standards 97.301 Authorized frequency bands. 97.303 Frequency sharing requirements. 97.305 Authorized emission types. 97.307 Emission standards 97.309 RTTY and data emission codes. 97.311 SS emission types. 97.313 Transmitter power standards. 97.315 Type acceptance of external RF power amplifiers. 97.317 Standards for type acceptance of external RF power amplifiers. Subpart E--Providing Emergency Communications 97.401 Operation during a disaster. 97.403 Safety of life and protection of property. 97.405 Station in distress. [[Page 675]] 97.407 Radio amateur civil emergency service. Subpart F--Qualifying Examination Systems 97.501 Qualifying for an amateur operator license. 97.503 Element standards. 97.505 Element credit. 97.507 Preparing an examination. 97.509 Administering VE requirements. 97.511 Examinee conduct. 97.513 VE session manager requirements. 97.515-97.517 [Reserved] 97.519 Coordinating examination sessions. 97.521 VEC qualifications. 97.523 Question pools. 97.525 Accrediting VEs. 97.527 Reimbursement for expenses. Appendix 1 to Part 97--Places Where the Amateur Service is Regulated by the FCC Appendix 2 to Part 97--VEC Regions 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. Source: 54 FR 25857, June 20, 1989, unless otherwise noted. Subpart A--General Provisions Sec. 97.1 Basis and purpose. The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles: (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications. (b) Continuation and extension of the amateur's proven ability to contribute to the advancement of the radio art. (c) Encouragement and improvement of the amateur service through rules which provide for advancing skills in both the communication and technical phases of the art. (d) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and electronics experts. (e) Continuation and extension of the amateur's unique ability to enhance international goodwill. Sec. 97.3 Definitions. (a) The definitions of terms used in part 97 are: (1) Amateur operator. A person holding a written authorization to be the control operator of an amateur station. (2) Amateur radio services. The amateur service, the amateur- satellite service and the radio amateur civil emergency service. (3) Amateur-satellite service. A radiocommunication service using stations on Earth satellites for the same purpose as those of the amateur service. (4) Amateur service. A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest. (5) Amateur station. A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications. (6) Automatic control. The use of devices and procedures for control of a station when it is transmitting so that compliance with the FCC Rules is achieved without the control operator being present at a control point. (7) Auxiliary station. An amateur station, other than in a message forwarding system, that is transmitting communications point-to-point within a system of cooperating amateur stations. (8) Bandwidth. The width of a frequency band outside of which the mean power of the transmitted signal is attenuated at least 26 dB below the mean power of the transmitted signal within the band. (9) Beacon. An amateur station transmitting communications for the purposes of observation of propagation and reception or other related experimental activities. (10) Broadcasting. Transmissions intended for reception by the general public, either direct or relayed. (11) Call sign system. The method used to select a call sign for amateur station over-the-air identification purposes. The call sign systems are: [[Page 676]] (i) Sequential call sign system. The call sign is selected by the FCC from an alphabetized list corresponding to the geographic region of the licensee's mailing address and operator class. The call sign is shown on the license. The FCC will issue public announcements detailing the procedures of the sequential call sign system. (ii) Vanity call sign system. The call sign is selected by the FCC from a list of call signs requested by the licensee. The call sign is shown on the license. The FCC will issue public announcements detailing the procedures of the vanity call sign system. (iii) Special event call sign system. The call sign is selected by the station licensee from a list of call signs shown on a common data base coordinated, maintained and disseminated by the amateur station special event call sign data base coordinators. The call sign must have the single letter prefix K, N or W, followed by a single numeral 0 through 9, followed by a single letter A through W or Y or Z (for example K1A). The special event call sign is substituted for the call sign shown on the station license grant while the station is transmitting. The FCC will issue public announcements detailing the procedures of the special event call sign system. (12) Control operator. An amateur operator designated by the licensee of a station to be responsible for the transmissions from that station to assure compliance with the FCC Rules. (13) Control point. The location at which the control operator function is performed. (14) CSCE. Certificate of successful completion of an examination. (15) Earth station. An amateur station located on, or within 50 km of, the Earth's surface intended for communications with space stations or with other Earth stations by means of one or more other objects in space. (16) EIC. Engineer in Charge of an FCC Field Facility. (17) External RF power amplifier. A device capable of increasing power output when used in conjunction with, but not an integral part of, a transmitter. (18) External RF power amplifier kit. A number of electronic parts, which, when assembled, is an external RF power amplifier, even if additional parts are required to complete assembly. (19) FAA. Federal Aviation Administration. (20) FCC. Federal Communications Commission. (21) Frequency coordinator. An entity, recognized in a local or regional area by amateur operators whose stations are eligible to be auxiliary or repeater stations, that recommends transmit/receive channels and associated operating and technical parameters for such stations in order to avoid or minimize potential interference. (22) Harmful interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations. (23) Indicator. Words, letters or numerals appended to and separated from the call sign during the station identification. (24) Information bulletin. A message directed only to amateur operators consisting solely of subject matter of direct interest to the amateur service. (25) International Morse code. A dot-dash code as defined in International Telegraph and Telephone Consultative Committee (CCITT) Recommendation F.1 (1984), Division B, I. Morse code. (26) ITU. International Telecommunication Union. (27) Line A. Begins at Aberdeen, WA, running by great circle arc to the intersection of 48 deg. N, 120 deg. W, thence along parallel 48 deg. N, to the intersection of 95 deg. W, thence by great circle arc through the southernmost point of Duluth, MN, thence by great circle arc to 45 deg. N, 85 deg. W, thence southward along meridian 85 deg. W, to its intersection with parallel 41 deg. N, thence along parallel 41 deg. N, to its intersection with meridian 82 deg. W, thence by great circle arc through the southernmost point of Bangor, ME, thence by great circle arc through the southernmost point of Searsport, ME, at which point it terminates. (28) Local control. The use of a control operator who directly manipulates the operating adjustments in the station to [[Page 677]] achieve compliance with the FCC Rules. (29) Message forwarding system. A group of amateur stations participating in a voluntary, cooperative, interactive arrangement where communications are sent from the control operator of an originating station to the control operator of one or more destination stations by one or more forwarding stations. (30) National Radio Quiet Zone. The area in Maryland, Virginia and West Virginia Bounded by 39 deg. 15'N on the north, 78 deg. 30'W on the east, 37 deg. 30' N on the south and 80 deg. 30' W on the west. (31) Physician. For the purpose of this part, a person who is licensed to practice in a place where the amateur service is regulated by the FCC, as either a Doctor of Medicine (M.D.) or a Doctor of Osteophathy (D.O.) (32) Question pool. All current examination questions for a designated written examination element. (33) Question set. A series of examination on a given examination selected from the question pool. (34) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party. (35) RACES (radio amateur civil emergency service). A radio service using amateur stations for civil defense communications during periods of local, regional or national civil emergencies. (36) Remote control. The use of a control operator who indirectly manipulates the operating adjustments in the station through a control link to achieve compliance with the FCC Rules. (37) Repeater. An amateur station that simultaneously retransmits the transmission of another amateur station on a different channel or channels. (38) Space station. An amateur station located more than 50 km above the Earth's surface. (39) Space telemetry. A one-way transmission from a space station of measurements made from the measuring instruments in a spacecraft, including those relating to the functioning of the spacecraft. (40) Spurious emission. An emission, or frequencies outside the necessary bandwidth of a transmission, the level of which may be reduced without affecting the information being transmitted. (41) Telecommand. A one-way transmission to initiate, modify, or terminate functions of a device at a distance. (42) Telecommand station. An amateur station that transmits communications to initiate, modify or terminate functions of a space station. (43) Telemetry. A one-way transmission of measurements at a distance from the measuring instrument. (44) Third party communications. A message from the control operator (first party) of an amateur station to another amateur station control operator (second party) on behalf of another person (third party). (45) VE. Volunteer examiner. (46) VEC. Volunteer-examiner coordinator. (b) The definitions of technical smybols used in this part are: (1) EHF (extremely high frequency). The frequency range 30-300 GHz. (2) HF (high frequency). The frequency range 3-30 MHz. (3) Hz. Hertz. (4) m. Meters. (5) MF (medium frequency). The frequency range 300-3000 kHz. (6) PEP (peak envelope power). The average power supplied to the antenna transmission line by a transmitter during one RF cycle at the crest of the modulation envelope taken under normal operating conditions. (7) RF. Radio frequency. (8) SHF (super-high frequency). The frequency range 3-30 GHz. (9) UHF (ultra-high frequency). The frequency range 300-3000 MHz. (10) VHF (very-high frequency). The frequency range 30-300 MHz. (11) W. Watts. (c) The following terms are used in this part to indicate emission types. Refer to Sec. 2.201 of the FCC Rules, Emission, modulation and transmission characteristics, for information on emission type designators. (1) CW. International Morse code telegraphy emissions having designators with A, C, H, J or R as the first symbol; 1 as the second symbol; A or B as the third symbol; and emissions J2A and J2B. [[Page 678]] (2) Data. Telemetry, telecommand and computer communications emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1 as the second symbol; D as the third symbol; and emission J2D. Only a digital code of a type specifically authorized in this part may be transmitted. (3) Image. Facsimile and television emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; C or F as the third symbol; and emissions having B as the first symbol; 7, 8 or 9 as the second symbol; W as the third symbol. (4) MCW. Tone-modulated international Morse code telegraphy emissions having designators with A, C, D, F, G, H or R as the first symbol; 2 as the second symbol; A or B as the third symbol. (5) Phone. Speech and other sound emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; E as the third symbol. Also speech emissions having B as the first symbol; 7, 8 or 9 as the second symbol; E as the third symbol. MCW for the purpose of performing the station identification procedure, or for providing telegraphy practice interspersed with speech. Incidental tones for the purpose of selective calling or alerting or to control the level of a demodulated signal may also be considered phone. (6) Pulse. Emissions having designators with K, L, M, P, Q, V or W as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the second symbol; A, B, C, D, E, F, N, W or X as the third symbol. (7) RTTY. Narrow-band direct-printing telegraphy emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1 as the second symbol; B as the third symbol; and emission J2B. Only a digital code of a type specifically authorized in this part may be transmitted. (8) SS. Spread-spectrum emissions using bandwidth-expansion modulation emissions having designators with A, C, D, F, G, H, J or R as the first symbol; X as the second symbol; X as the third symbol. Only a SS emission of a type specifically authorized in this part may be transmitted. (9) Test. Emissions containing no information having the designators with N as the third symbol. Test does not include pulse emissions with no information or modulation unless pulse emissions are also authorized in the frequency band. [54 FR 25857, June 20, 1989, as amended at 56 FR 29, Jan. 2, 1991; 56 FR 56171, Nov. 1, 1991; 59 FR 18975, Apr. 21, 1994; 60 FR 7460, Feb. 8, 1995; 62 FR 17567, Apr. 10, 1997] 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 four persons and must have a name, a document of organization, management, and a primary [[Page 679]] 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. [59 FR 54831, Nov. 2, 1994, as amended at 62 FR 17567, Apr. 10, 1997] 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. [59 FR 54832, Nov. 2, 1994] 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. [59 FR 54832, Nov. 2, 1994] Sec. 97.11 Stations aboard ships or aircraft. (a) The installation and operation of an amateur station on a ship or aircraft must be approved by the master of the ship or pilot in command of the aircraft. (b) The station must be separate from and independent of all other radio apparatus installed on the ship or aircraft, except a common antenna may be shared with a voluntary ship radio installation. The station's transmissions must not cause interference [[Page 680]] to any other apparatus installed on the ship or aircraft. (c) The station must not constitute a hazard to the safety of life or property. For a station aboard an aircraft, the apparatus shall not be operated while the aircraft is operating under Instrument Flight Rules, as defined by the FAA, unless the station has been found to comply with all applicable FAA Rules. Sec. 97.13 Restrictions on station location. (a) Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by Sec. 1.1301-1.1319 of the FCC Rules. (b) A station within 1600 m (1 mile) of an FCC monitoring facility must protect that facility from harmful interference. Failure to do so could result in imposition of operating restrictions upon the amateur station by an EIC pursuant to Sec. 97.121 of this part. Geographical coordinates of the facilities that require protection are listed in Sec. 0.121(c) of the FCC Rules. (c) Before causing or allowing an amateur station to transmit from any place where the operation of the station could cause human exposure to RF electromagnetic field levels in excess of those allowed under Sec. 1.1310 of this chapter, the licensee is required to take certain actions. (1) The licensee must perform the routine RF environmental evaluation prescribed by Sec. 1.1307(b) of this chapter, if the transmitter PEP exceeds the following limits: ------------------------------------------------------------------------ Transmitter Wavelength band power (watts) ------------------------------------------------------------------------ MF ------------------------------------------------------------------------ 160 m...................................................... 500 ------------------------------------------------------------------------ HF ------------------------------------------------------------------------ 80 m....................................................... 500 75 m....................................................... 500 40 m....................................................... 500 30 m....................................................... 425 20 m....................................................... 225 17 m....................................................... 125 15 m....................................................... 100 12 m....................................................... 75 10 m....................................................... 50 VHF (all bands)............................................ 50 ------------------------------------------------------------------------ UHF ------------------------------------------------------------------------ 70 cm...................................................... 70 33 cm...................................................... 150 23 cm...................................................... 200 13 cm...................................................... 250 SHF (all bands)............................................ 250 EHF (all bands)............................................ 250 ------------------------------------------------------------------------ (2) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the limits contained in Sec. 1.1310 of this chapter in accessible areas, the licensee must take action to prevent human exposure to such RF electromagnetic fields. Further information on evaluating compliance with these limits can be found in the FCC's OET Bulletin 65, ``Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields.'' [54 FR 25857, June 20, 1989, as amended at 55 FR 20398, May 16, 1990; 61 FR 41019, Aug. 7, 1996; 62 FR 47963, Sept. 12, 1997; 62 FR 49557, Sept. 22, 1997] Effective Date Note: At 62 FR 47963, Sept. 12, 1997, as corrected at 62 FR 49557, Sept. 22, 1997, paragraph (c) in Sec. 97.13 was revised, effective Oct. 15, 1997. For the convenience of the user, the superseded text is set forth as follows: Sec. 97.13 Restrictions on station location. * * * * * (c) Before causing or allowing an amateur station to transmit from any place where the operation of the station could cause human exposure to levels of radiofrequency (RF) radiation in excess of that allowed under Sec. 1.1310 of this chapter, the licensee is required to take certain actions. A routine RF radiation evaluation, as discussed in Sec. 1.1307(b) of this chapter, is required if the transmitter power exceeds 50 watts peak envelope power; otherwise the operation is categorically excluded from routine RF radiation evaluation except as specified in Sec. 1.1307(c) and Sec. 1.1307(d) of this chapter. Where the routine evaluation indicates that the RF radiation could be in excess of the limits contained in Sec. 1.1310 of this chapter, the licensee must take action to prevent such an occurrence. Further information on evaluating compliance with these limits can be found in the FCC's OST/OET Bulletin Number 65, ``Evaluation Compliance with [[Page 681]] FCC-Specified Guidelines for Human Exposure to Radiofrequency Radiation.'' Sec. 97.15 Station antenna structures. (a) Unless the amateur station license has received prior approval from the FCC, no antenna structure, including the radiating elements, tower, supports and all appurtenances, may be higher than 61 m (200 feet) above ground level at its site. (b) Unless the amateur station licensee has received prior approval from the FCC, no antenna structure, at an airport or heliport that is available for public use and is listed in the Airport Directory of the current Airman's Information Manual or in either the Alaska or Pacific Airman's Guide and Chart Supplement; or at an airport or heliport under construction that is the subject of a notice or proposal on file with the FAA, and except for military airports, it is clearly indicated that the airport will be available for public use; or at an airport or heliport that is operated by the armed forces of the United States; or at a place near any of these airports or heliports, may be higher than: (1) 1 m above the airport elevation for each 100 m from the nearest runway longer than 1 km within 6.1 km of the antenna structure. (2) 2 m above the airport elevation for each 100 m from the nearest runway shorter than 1 km within 3.1 km of the antenna structure. (3) 4 m above the airport elevation for each 100 m from the nearest landing pad within 1.5 km of the antenna structure. (c) An amateur station antenna structure no higher than 6.1 m (20 feet) above ground level at its site or no higher than 6.1 m above any natural object or existing manmade structure, other than an antenna structure, is exempt from the requirements of paragraphs (a) and (b) of this section. (d) Further details as to whether an aeronautical study is required or if the structure must be registered, painted, or lighted are contained in part 17 of this chapter, Construction, Marking, and Lighting of Antenna Structures. To request approval to place an antenna structure higher than the limits specified in paragraphs (a), (b), and (c) of this section, the licensee must notify the FAA using FAA Form 7460-1 and the structure owner must register the structure using FCC Form 854. (e) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. [State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. [See PRB-1, 101 FCC 2d 952 (1985) for details.] [54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989, as amended at 60 FR 50123, Sept. 28, 1995; 61 FR 4369, Feb. 6, 1996] 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 [[Page 682]] 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, club, and military recreation station. The call sign will be selected by the sequential call sign system. (g) Each application for a new club or military recreation station license must be submitted to the FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. No new license for a RACES station will be issued. [59 FR 54832, Nov. 2, 1994, as amended at 60 FR 7460, Feb. 8, 1995; 60 FR 53132, Oct. 12, 1995] Sec. 97.19 Application for a vanity call sign. (a) A person who has been granted an operator/primary station license or a license trustee who has been granted a club station license is eligible to make application for modification of the license, or the renewal thereof, to show a call sign selected by the vanity call sign system. RACES and military recreation stations are not eligible for a vanity call sign. (b) Each application for a modification of an operator/primary or club station license, or the renewal thereof, to show a call sign selected by the vanity call sign system must be made on FCC Form 610-V. The form must be submitted with the appropriate fee to the address specified in the Wireless Telecommunications Bureau Fee Filing Guide. (c) Only unassigned call signs that are available to the sequential call sign system are available to the vanity call sign system with the following exceptions: (1) A call sign shown on an expired license is not available to the vanity call sign system for 2 years following the expiration of the license. (2) A call sign shown on a surrendered, revoked, set aside, cancelled, or voided license is not available to the vanity call sign system for 2 years following the date such action is taken. (3) Except for an applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and except for an applicant who is a club station license trustee acting with the written consent of at least one relative, as listed above, of a person now deceased, the call sign shown on the license of a person now deceased is not available to the vanity call sign system for 2 years following the person's death, or for 2 years following the expiration of the license, whichever is sooner. (d) The vanity call sign requested by an applicant must be selected from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system. (1) The applicant must request that the call sign shown on the current license be vacated and provide a list of up to 25 call signs in order of preference. (2) The first assignable call sign from the applicant's list will be shown on the license grant. When none of those call signs are assignable, the call sign vacated by the applicant will be shown on the license grant. (3) Vanity call signs will be selected from those call signs assignable at the time the application is processed by the FCC. (4) A call sign designated under the sequential call sign system for Alaska, Hawaii, Caribbean Insular Areas, and Pacific Insular areas will be assigned only to a primary or club station whose licensee's mailing address is in the corresponding state, commonwealth, or island. This limitation does not apply to an applicant for the call sign as the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the former holder now deceased. [60 FR 7460, Feb. 8, 1995, as amended at 60 FR 50123, Sept. 28, 1995; 60 FR 53132, Oct. 12, 1995] [[Page 683]] 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.) (i) When the license does not show a call sign selected by the vanity call sign system, the application may be made on FCC Form 610-R if it is received from the FCC. If the Form 610-R is not received from the FCC within 30 days of the expiration date 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 may 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 on or before the license expiration date, the license operating authority is continued until the final disposition of the application. (ii) When the license shows a call sign selected by the vanity call sign system, the application must be filed as specified in Section 97.19(b). When the application has been received at the proper address specified in the Wireless Telecommunications Bureau Fee Filing Guide on or before the license expiration date, the license operating authority is continued until 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. [59 FR 54832, Nov. 2, 1994, as amended at 60 FR 7461, Feb. 8, 1995; 60 FR 53133, Oct. 12, 1995; 61 FR 21386, May 10, 1996] 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 [[Page 684]] 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. [59 FR 54833, Nov. 2, 1994] 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. [59 FR 54833, Nov. 2, 1994] 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. [59 FR 54833, Nov. 2, 1994] 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. [59 FR 54833, Nov. 2, 1994] Subpart B--Station Operation Standards Sec. 97.101 General standards. (a) In all respects not specifically covered by FCC Rules each amateur station must be operated in accordance with good engineering and good amateur practice. (b) Each station licensee and each control operator must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. No frequency will be assigned for the exclusive use of any station. (c) At all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES. (d) No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal. [[Page 685]] Sec. 97.103 Station licensee responsibilities. (a) The station licensee is responsible for the proper operation of the station in accordance with the FCC Rules. When the control operator is a different amateur operator than the station licensee, both persons are equally responsible for proper operation of the station. (b) The station licensee must designate the station control operator. The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary is in the station records. (c) The station licensee must make the station and the station records available for inspection upon request by an FCC representative. When deemed necessary by an EIC to assure compliance with the FCC Rules, the station licensee must maintain a record of station operations containing such items of information as the EIC may require in accord with Sec. 0.314(x) of the FCC Rules. Sec. 97.105 Control operator duties. (a) The control operator must ensure the immediate proper operation of the station, regardless of the type of control. (b) A station may only be operated in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator. Sec. 97.107 Alien control operator privileges. (a) The privileges available to a control operator holding an amateur service license issued by the Government of Canada are: (1) The terms of the Convention Between the United States and Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country; (2) The operating terms and conditions of the amateur service license issued by the Government of Canada; and (3) The applicable provisions of the FCC Rules, but not to exceed the control operator privileges of an FCC-issued Amateur Extra Class operator license. (b) The privileges available to a control operator holding an FCC- issued reciprocal permit for alien amateur licensee are: (1) The terms of the agreement between the alien's government and the United States; (2) The operating terms and conditions of the amateur service license issued by the alien's government; (3) The applicable provisions of the FCC Rules, but not to exceed the control operator privileges of an FCC-issued Amateur Extra Class operator license; and (4) None, if the holder of the reciprocal permit has obtained an FCC-issued operator/primary station license. (c) At any time the FCC may, in its discretion, modify, suspend, or cancel the amateur service privileges within or over any area where radio services are regulated by the FCC of any Canadian amateur service licensee or alien reciprocal permittee. Sec. 97.109 Station control. (a) Each amateur station must have at least one control point. (b) When a station is being locally controlled, the control operator must be at the control point. Any station may be locally controlled. (c) When a station is being remotely controlled, the control operator must be at the control point. Any station may be remotely controlled. (d) When a station is being automatically controlled, the control operator need not be at the control point. Only stations specifically designated elsewhere in this part may be automatically controlled. Automatic control must cease upon notification by an EIC that the station is transmitting improperly or causing harmful interference to other stations. Automatic control must not be resumed without prior approval of the EIC. (e) No station may be automatically controlled while transmitting third party communications, except a station transmitting a RTTY or data emission. All messages that are retransmitted must originate at a station that is being locally or remotely controlled. [54 FR 39535, Sept. 27, 1989, as amended at 60 FR 26001, May 16, 1995] [[Page 686]] Sec. 97.111 Authorized transmissions. (a) An amateur station may transmit the following types of two-way communications: (1) Transmissions necessary to exchange messages with other stations in the amateur service, except those in any country whose administration has given notice that it objects to such communications. The FCC will issue public notices of current arrangements for international communications; (2) Transmissions necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications; (3) Transmissions necessary to exchange messages with a United States government station, necessary to providing communications in RACES; and (4) Transmissions necessary to exchange messages with a station in a service not regulated by the FCC, but authorized by the FCC to communicate with amateur stations. An amateur station may exchange messages with a participating United States military station during an Armed Forces Day Communications Test. (b) In addition to one-way transmissions specifically authorized elsewhere in this part, an amateur station may transmit the following types of one-way communications: (1) Brief transmissions necessary to make adjustments to the station; (2) Brief transmissions necessary to establishing two-way communications with other stations; (3) Telecommand; (4) Transmissions necessary to providing emergency communications; (5) Transmissions necessary to assisting persons learning, or improving proficiency in, the international Morse code; and (6) Transmissions necessary to disseminate information bulletins. (7) Transmissions of telemetry. [54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991] Sec. 97.113 Prohibited transmissions. (a) No amateur station shall transmit: (1) Communications specifically prohibited elsewhere in this part; (2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules; (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer. Amateur operators may, however, notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis; (4) Music using a phone emission except as specifically provided elsewhere in this section; communications intended to facilitate a criminal act; messages in codes or ciphers intended to obscure the meaning thereof, except as otherwise provided herein; obscene or indecent words or language; or false or deceptive messages, signals or identification; (5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services. (b) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications except as specifically provided in these rules; nor shall an amateur station engage in any activity related to program production or news gathering for broadcasting purposes, except that communications directly related to the immediate safety of human life or the protection of property may be provided by amateur stations to broadcasters for dissemination to the public where no other means of communication is reasonably available before or at the time of the event. (c) A control operator may accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution. (d) The control operator of a club station may accept compensation for the periods of time when the station is transmitting telegraphy practice or information bulletins, provided that the station transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules operations on at least six amateur service MF and [[Page 687]] HF bands using reasonable measures to maximize coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmissions; and where the control operator does not accept any direct or indirect compensation for any other service as a control operator. (e) No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, except propagation and weather forecast information intended for use by the general public and originated from United States Government stations and communications, including incidental music, originating on United States Government frequencies between a space shuttle and its associated Earth stations. Prior approval for shuttle retransmissions must be obtained from the National Aeronautics and Space Administration. Such retransmissions must be for the exclusive use of amateur operators. Propagation, weather forecasts, and shuttle retransmissions may not be conducted on a regular basis, but only occasionally, as an incident of normal amateur radio communications. (f) No amateur station, except an auxiliary, repeater, or space station, may automatically retransmit the radio signals of other amateur station. [58 FR 43072, Aug. 13, 1993; 58 FR 47219, Sept. 8, 1993] Sec. 97.115 Third party communications. (a) An amateur station may transmit messages for a third party to: (1) Any station within the jurisdiction of the United States. (2) Any station within the jurisdiction of any foreign government whose administration has made arrangements with the United States to allow amateur stations to be used for transmitting international communications on behalf of third parties. No station shall transmit messages for a third party to any station within the jurisdiction of any foreign government whose administration has not made such an arrangement. This prohibition does not apply to a message for any third party who is eligible to be a control operator of the station. (b) The third party may participate in stating the message where: (1) The control operator is present at the control point and is continuously monitoring and supervising the third party's participation; and (2) The third party is not a prior amateur service licensee whose license was revoked; suspended for less than the balance of the license term and the suspension is still in effect; suspended for the balance of the license term and relicensing has not taken place; or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings. The third party may not be the subject of a cease and desist order which relates to amateur service operation and which is still in effect. (c) At the end of an exchange of international third party communications, the station must also transmit in the station identification procedure the call sign of the station with which a third party message was exchanged. [54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989] Sec. 97.117 International communications. Transmissions to a different country, where permitted, shall be made in plain language and shall be limited to messages of a technical nature relating to tests, and, to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified. Sec. 97.119 Station identification. (a) Each amateur station, except a space station or telecommand station, must transmit its assigned call sign on its transmitting channel at the end of each communication, and at least every 10 minutes during a communication, for the purpose of clearly making the source of the transmissions from the station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to the station. (b) The call sign must be transmitted with an emission authorized for the [[Page 688]] transmitting channel in one of the following ways: (1) By a CW emission. When keyed by an automatic device used only for identification, the speed must not exceed 20 words per minute; (2) By a phone emission in the English language. Use of a phonetic alphabet as an aid for correct station identification is encouraged; (3) By a RTTY emission using a specified digital code when all or part of the communications are transmitted by a RTTY or data emission; (4) By an image emission conforming to the applicable transmission standards, either color or monochrome, of Sec. 73.682(a) of the FCC Rules when all or part of the communications are transmitted in the same image emission; or (5) By a CW or phone emission during SS emission transmission on a narrow bandwidth frequency segment. Alternatively, by the changing of one or more parameters of the emission so that a conventional CW or phone emission receiver can be used to determine the station call sign. (c) One or more indicators may be included with the call sign. Each indicator must be separated from the call sign by the slant mark (/) or by any suitable word that denotes the slant mark. If an indicator is self-assigned, it must be included before, after, or both before and after, the call sign. No self-assigned indicator may conflict with any other indicator specified by the FCC Rules or with any prefix assigned to another country. (d) When transmitting in conjunction with an event of special significance, a station may substitute for its assigned call sign a special event call sign as shown for that station for that period of time on the common data base coordinated, maintained and disseminated by the special event call sign data base coordinators. Additionally, the station must transmit its assigned call sign at least once per hour during such transmissions. (e) When the operator license class held by the control operator exceeds that of the station licensee, an indicator consisting of the call sign assigned to the control operator's station must be included after the call sign. (f) When the control operator is a person who is exercising the rights and privileges authorized by Sec. 97.9(b) of this part, an indicator must be included after the call sign as follows: (1) For a control operator who has requested a license modification from Novice Class to Technical Class: KT; (2) For a control operator who has requested a license modification from Novice or Technical Class to General Class: AG; (3) For a control operator who has requested a license modification from Novice, Technician, or General Class operator to Advanced Class: AA; or (4) For a control operator who has requested a license modification from Novice, Technician, General, or Advanced Class operator to Amateur Extra Class: AE. (g) When the station is transmitting under the authority of a reciprocal permit for alien amateur licensee, an indicator consisting of the appropriate letter-numeral designating the station location must be included before the call sign issued to the station by the licensing country. When the station is transmitting under the authority of an amateur service license issued by the Government of Canada, a station location indicator must be included after the call sign. At least once during each intercommunication, the identification announcement must include the geographical location as nearly as possible by city and state, commonwealth or possession. [54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 55 FR 30457, July 26, 1990; 56 FR 28, Jan. 2, 1991; 62 FR 17567, Apr. 10, 1997] Sec. 97.121 Restricted operation. (a) If the operation of an amateur station causes general interference to the reception of transmissions from stations operating in the domestic broadcast service when receivers of good engineering design, including adequate selectivity characteristics, are used to receive such transmissions, and this fact is made known to the amateur station licensee, the amateur station shall not be operated during the hours from 8 p.m. to 10:30 p.m., local time, and on Sunday for the additional period from 10:30 a.m. until 1 p.m., local [[Page 689]] time, upon the frequency or frequencies used when the interference is created. (b) In general, such steps as may be necessary to minimize interference to stations operating in other services may be required after investigation by the FCC. Subpart C--Special Operations Sec. 97.201 Auxiliary station. (a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be an auxiliary station. A holder of a Technician, General, Advanced or Amateur Extra Class operator license may be the control operator of an auxiliary station, subject to the privileges of the class of operator license held. (b) An auxiliary station may transmit only on the 1.25 m and shorter wavelength bands, except the 219-220 MHz, 222.000-222.150 MHz, 431-433 MHz, and 435-438 MHz segments. (c) Where an auxiliary station causes harmful interference to another auxiliary station, the licensees are equally and fully responsible for resolving the interference unless one station's operation is recommended by a frequency coordinator and the other station's is not. In that case, the licensee of the non-coordinated auxiliary station has primary responsibilty to resolve the interference. (d) An auxiliary station may be automatically controlled. (e) An auxiliary station may transmit one-way communications. [54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991; 60 FR 15687, Mar. 27, 1995] Sec. 97.203 Beacon station. (a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be a beacon. A holder of a Technician, General, Advanced or Amateur Extra Class operator license may be the control operator of a beacon, subject to the privileges of the class of operator license held. (b) A beacon must not concurrently transmit on more than 1 channel in the same amateur service frequency band, from the same station location. (c) The transmitter power of a beacon must not exceed 100 W. (d) A beacon may be automatically controlled while it is transmitting on the 28.20-28.30 MHz, 50.06-50.08 MHz, 144.275-144.300 MHz, 222.05-222.06 MHz or 432.300-432.400 MHz segments, or on the 33 cm and shorter wavelength bands. (e) Before establishing an automatically controlled beacon in the National Radio Quiet Zone or before changing the transmitting frequency, transmitter power, antenna height or directivity, the station licensee must give written notification thereof to the Interference Office, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944. (1) The notification must include the geographical coordinates of the antenna, antenna ground elevation above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna directivity, proposed frequency, type of emission, and transmitter power. (2) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy Observatory at Green Bank, Pocahontas County, WV, for itself or on behalf of the Naval Research Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. (f) A beacon must cease transmissions upon notification by an EIC that the station is operating improperly or causing undue interference to other operations. The beacon may not resume transmitting without prior approval of the EIC. (g) A beacon may transmit one-way communications. [54 FR 25857, June 20, 1989, as amended at 55 FR 9323, Mar. 13, 1990; 56 FR 19610, Apr. 29, 1991; 56 FR 32517, July 17, 1991] Sec. 97.205 Repeater station. (a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be a repeater. A holder of a Technician, General, Advanced or Amateur Extra Class operator license [[Page 690]] may be the control operator of a repeater, subject to the privileges of the class of operator license held. (b) A repeater may receive and retransmit only on the 10 m and shorter wavelength frequency bands except the 28.0-29.5 MHz, 50.0-51.0 MHz, 144.0-144.5 MHz, 145.5-146.0 MHz, 222.00-222.15 MHz, 431.0-433.0 Mhz, and 435.0-438.0 Mhz segments. (c) Where the transmissions of a repeater cause harmful interference to another repeater, the two station licensees are equally and fully responsible for resolving the interference unless the operation of one station is recommended by a frequency coordinator and the operation of the other station is not. In that case, the licensee of the non- coordinated repeater has primary responsibility to resolve the interference. (d) A repeater may be automatically controlled. (e) Ancillary functions of a repeater that are available to users on the input channel are not considered remotely controlled functions of the station. Limiting the use of a repeater to only certain user stations is permissible. (f) Before establishing a repeater in the National Radio Quiet Zone or before changing the transmitting frequency, tramsitter power, antenna height or directivity, or the location of an existing repeater, the station licensee must give written notification thereof to the Interference Office, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944. (1) The notification must include the geographical coordinates of the station antenna, antenna ground elevation above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna directivity, proposed frequency, type of emission, and transmitter power. (2) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy Observatory at Green Bank, Pocahontas County, WV, for itself or on behalf of the Naval Research Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. (g) The control operator of a repeater that retransmits inadvertently communications that violate the rules in this part is not accountable for the violative communications. [54 FR 25857, June 20, 1989, as amended at 55 FR 4613, Feb. 9, 1990; 56 FR 32517, July 17, 1991; 58 FR 64385, Dec. 7, 1993; 59 FR 18975, Apr. 21, 1994] Sec. 97.207 Space station. (a) Any amateur station may be a space station. A holder of any class operator license may be the control operator of a space station, subject to the privileges of the class of operator license held by the control operator. (b) A space station must be capable of effecting a cessation of transmissions by telecommand whenever such cessation is ordered by the FCC. (c) The following frequency bands and segments are authorized to space stations: (1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and (2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz, and 2400-2450 MHz, 3.40-3.41 GHz, 5.83-5.85 GHz, 10.45- 10.50 GHz, and 24.00-24.05 GHz segments. (d) A space station may automatically retransmit the radio signals of Earth stations and other space stations. (e) A space station may transmit one-way communications. (f) Space telemetry transmissions may consist of specially coded messages intended to facilitate communications or related to the function of the spacecraft. (g) The licensee of each space station must give two written, pre- space station notifications to the Wireless Telecommunications Bureau, FCC, Washington, DC 20554. Each notification must be in accord with the provisions of Articles 11 and 13 of the Radio Regulations. (1) The first notification is required no less than 27 months prior to initiating space station transmissions and must specify the information required by Appendix 4 and Resolution No. 642 of the Radio Regulations. (2) The second notification is required no less than 5 months prior to [[Page 691]] initiating space station transmissions and must specify the information required by Appendix 3 and Resolution No. 642 of the Radio Regulations. (h) The licensee of each space station must give a written, in-space station notification to the Wireless Telecommunications Bureau, FCC, Washington, DC 20554, no later than 7 days following imitation of space station transmissions. The notification must update the information contained in the pre-space notification. (i) The licensee of each space station must give a written, post- space notification to the Wireless Telecommuncations Bureau, FCC, Washington, DC 20554, no later than 3 months after termination of the space station transmissions. When the termination is ordered by the FCC, notification is required no later than 24 hours after termination. [54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 56 FR 56171, Nov. 1, 1991; 57 FR 32736, July 23, 1992; 60 FR 50124, Sept. 28, 1995] Sec. 97.209 Earth station. (a) Any amateur station may be an Earth station. A holder of any class operator license may be the control operator of an Earth station, subject to the privileges of the class of operator license held by the control operator. (b) The following frequency bands and segments are authorized to Earth stations: (1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and (2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz, 3.40-3.41 GHz, 5.65-5.67 GHz, 10.45- 10.50 GHz and 24.00-24.05 GHz segments. [54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989] Sec. 97.211 Space telecommand station. (a) Any amateur station designated by the licensee of a space station is eligible to transmit as a telecommand station for that space station, subject to the privileges of the class of operator license held by the control operator. (b) A telecommand station may transmit special codes intended to obscure the meaning of telecommand messages to the station in space operation. (c) The following frequency bands and segments are authorized to telecommand stations: (1) The 17 m, 15 m, 12 m and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and (2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz, 3.40-3.41 GHz, 5.65-5.67 GHz, 10.45- 10.50 GHz and 24.00-24.05 GHz segments. (d) A telecommand station may transmit one-way communications. [54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 56 FR 56171, Nov. 1, 1991] Sec. 97.213 Telecommand of an amateur station. An amateur station on or within 50 km of the Earth's surface may be under telecommand where: (a) There is a radio or wireline control link between the control point and the station sufficient for the control operator to perform his/her duties. If radio, the control link must use an auxiliary station. A control link using a fiber optic cable or another telecommunication service is considered wireline. (b) Provisions are incorporated to limit transmission by the station to a period of no more than 3 minutes in the event of malfunction in the control link. (c) The station is protected against making, willfully or negligently, unauthorized transmissions. (d) A photocopy of the station license and a label with the name, address, and telephone number of the station licensee and at least one designated control operator is posted in a conspicuous place at the station location. [54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991] Sec. 97.215 Telecommand of model craft. An amateur station transmitting signals to control a model craft may be operated as follows: (a) The station identification procedure is not required for transmissions [[Page 692]] directed only to the model craft, provided that a label indicating the station call sign and the station licensee's name and address is affixed to the station transmitter. (b) The control signals are not considered codes or ciphers intended to obscure the meaning of the communication. (c) The transmitter power must not exceed 1 W. [54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991] Sec. 97.217 Telemetry. Telemetry transmitted by an amateur station on or within 50 km of the Earth's surface is not considered to be codes or ciphers intended to obscure the meaning of communications. [56 FR 56172, Nov. 1, 1991. Redesignated at 59 FR 18975, Apr. 21, 1994] Sec. 97.219 Message forwarding system. (a) Any amateur station may participate in a message forwarding system, subject to the privileges of the class of operator license held. (b) For stations participating in a message forwarding system, the control operator of the station originating a message is primarily accountable for any violation of the rules in this part contained in the message. (c) Except as noted in (d) of this section, for stations participating in a message forwarding system, the control operators of forwarding stations that retransmit inadvertently communications that violate the rules in this part are not accountable for the violative communications. They are, however, responsible for discontinuing such communications once they become aware of their presence. (d) For stations participating in a message forwarding system, the control operator of the first forwarding station must: (1) Authenticate the identity of the station from which it accepts communications on behalf of the system; or (2) Accept accountability for any violation of the rules in this part contained in messages it retransmits to the system. [59 FR 18975, Apr. 21, 1994] Sec. 97.221 Automatically controlled digital station. (a) This rule section does not apply to an auxiliary station, a beacon station, a repeater station, an earth station, a space station, or a space telecommand station. (b) A station may be automatically controlled while transmitting a RTTY or data emission on the 6 m or shorter wavelength bands, and on the 28.120-28.189 MHz, 24.925-24.930 MHz, 21.090-21.100 MHz, 18.105-18.110 MHz, 14.0950-14.0995 MHz, 14.1005-14.112 MHz, 10.140-10.150 MHz, 7.100- 7.105 MHz, or 3.620-3.635 MHz segments. (c) A station may be automatically controlled while transmitting a RTTY or data emission on any other frequency authorized for such emission types provided that: (1) The station is responding to interrogation by a station under local or remote control; and (2) No transmission from the automatically controlled station occupies a bandwidth of more than 500 Hz. [60 FR 26001, May 16, 1995] Subpart D--Technical Standards Sec. 97.301 Authorized frequency bands. The following transmitting frequency bands are available to an amateur station located within 50 km of the Earth's surface, within the specified ITU Region, and outside any area where the amateur service is regulated by any authority other than the FCC. (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: ---------------------------------------------------------------------------------------------------------------- Sharing requirements see Wavelength band ITU--Region 1 ITU--Region 2 ITU--Region 3 Sec. 97.303 (Paragraph) ---------------------------------------------------------------------------------------------------------------- VHF MHz MHz MHz .................. ---------------------------------------------------------------------------------------------------------------- 6 m............................. .................. 50-54............. 50-54............. (a) [[Page 693]] 2 m............................. 144-146........... 144-148........... 144-148........... (a) 1.25 m.......................... .................. 219-220........... .................. (a), (e) Do.............................. .................. 222-225........... .................. (a) ---------------------------------------------------------------------------------------------------------------- UHF MHz MHz MHz .................. ---------------------------------------------------------------------------------------------------------------- 70 cm........................... 430-440........... 420-450........... 420-450........... (a), (b), (f). 33 cm........................... .................. 902-928........... .................. (a), (b), (g). 23 cm........................... 1240-1300......... 1240-1300......... 124-1300.......... (j). 13 cm........................... 2300-2310......... 2300-2310......... 2300-2310......... (a), (b), (j). do........................ 2390-2450......... 2390-2450......... 2390-2450......... (a), (b), (j). ---------------------------------------------------------------------------------------------------------------- SHF GHz GHz GHz .................. ---------------------------------------------------------------------------------------------------------------- 9 cm............................ .................. 3.3-3.5........... 3.3-.5............ (a), (b), (k), (l). 5 cm............................ 5.650-5.850....... 5.650-5.925....... 5.650-5.850....... (a), (b), (m). 3 cm............................ 10.00-10.50....... 10.00-10.50....... 10.00-10.50....... (a), (c), (i), (n). 1.2 cm.......................... 24.00-24.25....... 24.00-24.25....... 24.00-24.25....... (a), (b), (i), (o). ---------------------------------------------------------------------------------------------------------------- EHF GHz GHz GHz ---------------------------------------------------------------------------------------------------------------- 6 mm............................ 47.0-47.2......... 47.0-47.2......... 47.0-47.2......... 4 mm............................ 75.5-81.0......... 75.5-81.0......... 75.5-81.0......... (b), (c), (h). 2.5 mm.......................... 119.98-120.02..... 119.98-120.02..... 119.98-120.02..... (k), (p). 2 mm............................ 142-149........... 142-149........... 142-149........... (b), (c), (h), (k). 1 mm............................ 241-250........... 241-250........... 241-250........... (b), (c), (h), (q). above 300......... above 300......... above 300......... (k). ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Sharing requirements. See Wavelength band ITU--Region 1 ITU--Region 2 ITU--Region 3 Sec. 97.303 (Paragraph) ---------------------------------------------------------------------------------------------------------------- MF kHz kHz kHz ---------------------------------------------------------------------------------------------------------------- 160 m........................... 1810-1850......... 1800-2000......... 1800-2000......... (a), (b), (c). ---------------------------------------------------------------------------------------------------------------- HF MHz MHz MHz ---------------------------------------------------------------------------------------------------------------- 80 m............................ 3.50-3.75......... 3.50-3.75......... 3.50-3.75......... (a). 75 m............................ 3.75-3.80......... 3.75-4.00......... 3.75-3.90......... (a). 40 m............................ 7.0-7.1........... 7.0-7.3........... 7.0-7.1........... (a). 30 m............................ 10.10-10.15....... 10.10-10.15....... 10.10-10.15....... (d). 20 m............................ 14.00-14.35....... 14.00-14.35....... 14.00-14.35....... .................. 17 m............................ 18.068-18.168..... 18.068-18.168..... 18.068-18.168..... .................. 15 m............................ 21.00-21.45....... 21.00-21.45....... 21.00-21.45....... .................. 12 m............................ 24.89-24.99....... 24.89-24.99....... 24.89-24.99....... .................. 10 m............................ 28.0-29.7......... 28.0-29.7......... 28.0-29.7......... .................. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Sharing requirements See Wavelength band ITU--Region 1 ITU--Region 2 ITU--Region 3 Sec. 97.303, (Paragraph) ---------------------------------------------------------------------------------------------------------------- MF kHz kHz kHz ---------------------------------------------------------------------------------------------------------------- 160 m........................... 1810-1850......... 1800-2000......... 1800-2000......... (a), (b), (c). ---------------------------------------------------------------------------------------------------------------- HF MHz MHz MHz ---------------------------------------------------------------------------------------------------------------- 80 m............................ 3.525-3.750....... 3.525-3.750....... 3.525-3.750....... (a). [[Page 694]] 75 m............................ 3.775-3.800....... 3.775-4.000....... 3.775-3.900....... (a). 40 m............................ 7.025-7.100....... 7.025-7.300....... 7.025-7.100....... (a). 30 m............................ 10.10-10.15....... 10.10-10.15....... 10.10-10.15....... (d). 20 m............................ 14.025-14.150..... 14.025-14.150..... 14.025-14.150..... .................. Do.......................... 14.175-14.350..... 14.175-14.350..... 14.175-14.350..... .................. 17 m............................ 18.068-18.168..... 18.068-18.168..... 18.068-18.168..... .................. 15 m............................ 21.025-21.200..... 21.025-21.200..... 21.025-21.200..... .................. Do.......................... 21.225-21.450..... 21.225-21.450..... 21.225-21.450..... .................. 12 m............................ 24.89-24.99....... 24.89-24.99....... 24.89-24.99....... .................. 10 m............................ 28.0-29.7......... 28.0-29.7......... 28.0-29.7......... .................. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Sharing requirements. See Wavelength band ITU-Region 1 ITU-Region 2 ITU-Region 3 Sec. 97.303 (Paragraph) ---------------------------------------------------------------------------------------------------------------- MF kHz kHz kHz ---------------------------------------------------------------------------------------------------------------- 160 m........................... 1810-1850......... 1800-2000......... 1800-2000......... (a), (b), (c). ---------------------------------------------------------------------------------------------------------------- HF MHz MHz MHz ---------------------------------------------------------------------------------------------------------------- 80 m............................ 3.525-3.750....... 3.525-3.750....... 3.525-3.750....... (a). 75 m............................ ................ 3.85-4.00......... 3.85-3.90......... (a). 40 m............................ 7.025-7.100....... 7.025-7.150....... 7.025-7.100....... (a). Do.......................... ................ 7.225-7.300....... ................ (a). 30 m............................ 10.10-10.15....... 10.10-10.15....... 10.10-10.15....... (d). 20 m............................ 14.025-14.150..... 14.025-14.150..... 14.025-14.150..... .................. Do.......................... 14.225-14.350..... 14.225-14.350..... 14.225-14.350..... .................. 17 m............................ 18.068-18.168..... 18.068-18.168..... 18.068-18.168..... .................. 15 m............................ 21.025-21.200..... 21.025-21.200..... 21.025-21.200..... .................. Do.......................... 21.30-21.45....... 21.30-21.45....... 21.30-21.45....... .................. 12 m............................ 24.89-24.99....... 24.89-24.99....... 24.89-24.99....... .................. 10 m............................ 28.0-29.7......... 28.0-29.7......... 28.0-29.7......... .................. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Sharing requirements. See Wavelength band ITU--Region 1 ITU--Region 2 ITU--Region 3 Sec. 97.303 (Paragraph) ---------------------------------------------------------------------------------------------------------------- HF MHz MHz MHz ---------------------------------------------------------------------------------------------------------------- 80 m............................ 3.675-3.725....... 3.675-3.725....... 3.675-3.725....... (a). 40 m............................ 7.050-7.075....... 7.10-7.15......... 7.050-7.075....... (a). 15 m............................ 21.10-21.20....... 21.10-21.20....... 21.10-21.20....... .................. 10 m............................ 28.1-28.5......... 28.1-28.5......... 28.1-28.5......... .................. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Sharing requirements. See Wavelength band ITU-Region 1 ITU-Region 2 ITU-Region 3 Sec. 97.303 (Paragraph) ---------------------------------------------------------------------------------------------------------------- VHF MHz MHz MHz ---------------------------------------------------------------------------------------------------------------- 1.25 m.......................... ................ 222-225........... ................ (a). ---------------------------------------------------------------------------------------------------------------- UHF MHz MHz MHz ---------------------------------------------------------------------------------------------------------------- [[Page 695]] 23 cm........................... 1270-1295......... 1270-1295......... 1270-1295......... (i). ---------------------------------------------------------------------------------------------------------------- [54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989, as amended at 55 FR 30457, July 26, 1990; 56 FR 28, Jan. 2, 1991; 56 FR 3043, Jan. 28, 1991; 56 FR 19610, Apr. 29, 1991; 56 FR 32518, July 17, 1991; 57 FR 32450, July 22, 1992; 58 FR 64385, Dec. 7, 1993; 59 FR 54833, Nov. 2, 1994; 60 FR 15687, Mar. 27, 1995] Sec. 97.303 Frequency sharing requirements. The following is a summary of the frequency sharing requirements that apply to amateur station transmissions on the frequency bands specified in Sec. 97.301 of this part. (For each ITU Region, each frequency band allocated to the amateur service is designated as either a secondary service or a primary service. A station in a secondary service must not cause harmful interference to, and must accept interference from, stations in a primary service. See Secs. 2.105 and 2.106 of the FCC Rules, United States Table of Frequency Allocations for complete requirements.) (a) Where, in adjacent ITU Regions or Subregions, a band of frequencies is allocated to different services of the same category, the basic principle is the equality of right to operate. The stations of each service in one region must operate so as not to cause harmful interference to services in the other Regions or Subregions. (See ITU Radio Regulations, No. 346 (Geneva, 1979).) (b) An auxiliary station may transmit only on shorter wavelength bands, except the 431-433 MHz and 435-438 MHz segments. (c) No amateur station transmitting in the 1900-2000 kHz segment, the 3 cm band, the 76-81 GHz segment, the 144-149 GHz segment and the 241-248 GHz segment shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the non-Government radiolocation service. (d) No amateur station transmitting in the 30 meter band shall cause harmful interference to stations authorized by other nations in the fixed service. The licensee of the amateur station must make all necessary adjustments, including termination of transmissions, if harmful interference is caused. (e) In the 1.25 m band: (1) Use of the 219-220 MHz segment is limited to amateur stations participating, as forwarding stations, in point-to-point fixed digital message forwarding systems, including intercity packet backbone networks. It is not available for other purposes. (2) No amateur station transmitting in the 219-220 MHz segment shall cause harmful interference to, nor is protected from interference due to operation of Automated Maritime Telecommunications Systems (AMTS), television broadcasting on channels 11 and 13, Interactive Video and Data Service systems, Land Mobile Services systems, or any other service having a primary allocation in or adjacent to the band. (3) No amateur station may transmit in the 219-220 MHz segment unless the licensee has given written notification of the station's specific geographic location for such transmissions in order to be incorporated into a data base that has been made available to the public. The notification must be given at least 30 days prior to making such transmissions. The notification must be given to: The American Radio Relay, Inc., 225 Main Street, Newington, CT 06111-1494. (4) No amateur station may transmit in the 219-220 MHz segment from a location that is within 640 km of an AMTS Coast Station that uses frequencies in the 217-218/219-220 MHz AMTS bands unless the amateur station licensee has given written notification of the station's specific geographic location for such transmissions to the AMTS licensee. The notification must be given at least 30 days prior to making such transmissions. The location of AMTS Coast Stations using the [[Page 696]] 217-218/219-220 MHz channels may be obtained from either: The American Radio Relay League, Inc., 225 Main Street, Newington, CT 06111-1494; or Interactive Systems, Inc., Suite 1103, 1601 North Kent Street, Arlington, VA 22209; Fax: (703) 812-8275; Phone: (703) 812-8270. (5) No amateur station may transmit in the 219-220 MHz segment from a location that is within 80 km of an AMTS Coast Station that uses frequencies in the 217-218/219-220 MHz AMTS bands unless that amateur station licensee holds written approval from that AMTS licensee. The location of AMTS Coast Stations using the 217-218/219-220 MHz channels may be obtained as noted in paragraph (e)(4) of this section. (f) In the 70 cm band: (1) No amateur station shall transmit from north of Line A in the 420-430 MHz segment. (2) The 420-430 MHz segment is allocated to the amateur service in the United States on a secondary basis, and is allocated in the fixed and mobile (except aeronautical mobile) services in the International Table of allocations on a primary basis. No amateur station transmitting in this band shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile (except aeronautical mobile) services. (3) The 430-440 MHz segment is allocated to the amateur service on a secondary basis in ITU Regions 2 and 3. No amateur station transmitting in this band in ITU Regions 2 and 3 shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. In ITU Region 1, the 430-440 MHz segment is allocated to the amateur service on a co- primary basis with the radiolocation service. As between these two services in this band in ITU Region 1, the basic principle that applies is the equality of right to operate. Amateur stations authorized by the United States and radiolocation stations authorized by other nations in ITU Region 1 shall operate so as not to cause harmful interference to each other. (4) No amateur station transmitting in the 449.75-450.25 MHz segment shall cause interference to, nor is protected from itnerference due to the operation of stations in, the space operation service and the space research service or Government or non-Government stations for space telecommand. (g) In the 33 cm band: (1) No amateur station shall transmit from within the States of Colorado and Wyoming, bounded on the south by latitude 39 deg. N., on the north by latitude 42 deg. N., on the east by longitude 105 deg. W., and on the west by longitude 108 deg. W. This band is allocated on a secondary basis to the amateur service subject to not causing harmful interference to, and not receiving protection from any interference due to the operation of, industrial, scientific and medical devices, automatic vehicle monitoring systems or Government stations authorized in this band. (2) No amateur station shall transmit from those portions of the States of Texas and New Mexico bounded on the south by latitude 31 deg.41' N., on the north by latitude 34 deg.30' N., on the east by longitude 104 deg.11' W., and on the west by longitude 107 deg.30' W. (h) No amateur station transmitting in the 23 cm band, the 3 cm band, the 24.05-24.25 GHz segment, the 76-81 GHz segment, the 144-149 GHz segment and the 241-248 GHz segment shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. (i) In the 1240-1260 MHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the radionavigation-satellite service, the aeronautical radionavigation service, or the radiolocation service. (j) In the 13 cm band: (1) The amateur service is allocated on a secondary basis in all ITU Regions. In ITU Region 1, no amateur station shall cause harmful interference to, and shall be not protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile services. In ITU Regions 2 and 3, no amateur station shall cause harmful interference to, [[Page 697]] and shall not be protected from interference due to the operation of, stations authorized by other nations in the fixed, mobile and radiolocation services. (2) In the United States: (i) The 2300-2305 MHz segment is allocated to the amateur service on a secondary basis. (Currently the 2300-2305 MHz segment is not allocated to any service on a primary basis.); (ii) The 2305-2310 MHz segment is allocated to the amateur service on a secondary basis to the fixed, mobile, and radiolocation services; (iii) The 2390-2400 MHz segment is allocated to the amateur service on a primary basis; and (iv) The 2400-2402 MHz segment is allocated to the amateur service on a secondary basis. (Currently the 2400-2402 MHz segment is not allocated to any service on a primary basis.) The 2402-2417 MHz segment is allocated to the amateur service on a primary basis. The 2417-2450 MHz segment is allocated to the amateur service on a co-secondary basis with the Government radiolocation service. Amateur stations operating within the 2400-2450 MHz segment must accept harmful interference that may be caused by the proper operation of industrial, scientific, and medical devices operating within the band. (k) No amateur station transmitting in the 3.332-3.339 GHz and 3.3458-3525 GHz segments, the 2.5 mm band, the 144.68-144.98 GHz, 145.45-145.75 GHz and 146.82-147.12 GHz segments and the 343-348 GHz segment shall cause harmful interference to stations in the radio astronomy service. No amateur station transmitting in the 300-302 GHz, 324-326 GHz, 345-347 GHz, 363-365 GHz and 379-381 GHz segments shall cause harmful interference to stations in the space research service (passive) or Earth exploration-satellite service (passive). (l) In the 9 cm band: (1) In ITU Regions 2 and 3, the band is allocated to the amateur service on a secondary basis. (2) In the United States, the band is allocated to the amateur service on a co-secondary basis with the non-Government radiolocation service. (3) In the 3.3-3.4 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. (4) In the 3.4-3.5 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed and fixed-satellite service. (m) In the 5 cm band: (1) In the 5.650-5.725 GHz segment, the amateur service is allocated in all ITU Regions on a co-secondary basis with the space research (deep space) service. (2) In the 5.725-5.850 GHz segment, the amateur service is allocated in all ITU Regions on a secondary basis. No amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed- satellite service in ITU Region 1. (3) No amateur station transmitting in the 5.725-5.875 GHz segment is protected from interference due to the operation of industrial, scientific and medical devices operating on 5.8 GHz. (4) In the 5.650-5.850 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. (5) In the 5.850-5.925 GHz segment, the amateur service is allocated in ITU Region 2 on a co-secondary basis with the radiolocation service. In the United States, the segment is allocated to the amateur service on a secondary basis to the non-Government fixed-satellite service. No amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed, fixed-satellite and mobile services. No amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the non-Government fixed-satellite service. (n) In the 3 cm band: (1) In the United States, the 3 cm band is allocated to the amateur service on a co-secondary basis with the non-government radiolocation service. [[Page 698]] (2) In the 10.00-10.45 GHz segment in ITU Regions 1 and 3, no amateur station shall cause interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile services. (o) No amateur station transmitting in the 1.2 cm band is protected from interference due to the operation of industrial, scientific and medical devices on 24.125 GHz. In the United States, the 24.05-24.25 GHz segment is allocated to the amateur service on a co-secondary basis with the non-government radiolocation and Government and non-government Earth exploration-satellite (active) services. (p) The 2.5 mm band is allocated to the amateur service on a secondary basis. No amateur station transmitting in this band shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the fixed, inter-satellite and mobile services. (q) No amateur station transmitting in the 244-246 GHz segment of the 1 mm band is protected from interference due to the operation of industrial, scientific and medical devices on 245 GHz. [54 FR 25857, June 20, 1989; 54 FR 39536, Sept. 27, 1989, as amended at 56 FR 19611, Apr. 29, 1991; 56 FR 23025, May 20, 1991; 56 FR 32518, July 17, 1991; 56 FR 40801, Aug. 16, 1991; 57 FR 40344, Sept. 3, 1992; 60 FR 15687, Mar. 27, 1995; 61 FR 15386, Apr. 8, 1996; 62 FR 9673, Mar. 3, 1997] Sec. 97.305 Authorized emission types. (a) An amateur station may transmit a CW emission on any frequency authorized to the control operator. (b) A station may transmit a test emission on any frequency authorized to the control operator for brief periods for experimental purposes, except that no pulse modulation emission may be transmitted on any frequency where pulse is not specifically authorized. (c) A station may transmit the following emission types on the frequencies indicated, as authorized to the control operator, subject to the standards specified in Sec. 97.307(f) of this part. ---------------------------------------------------------------------------------------------------------------- Standards see Sec. 97.307(f), Wavelength band Frequencies Emission types authorized paragraph: ---------------------------------------------------------------------------------------------------------------- MF: 160 m Entire band.......... RTTY, data........................ (3). 160 m Entire band.......... Phone, image...................... (1), (2). HF: 80 m Entire band.......... RTTY, data........................ (3), (9). 75 m Entire band.......... Phone, image...................... (1), (2). 40 m 7.000-7.100 MHz...... RTTY, data........................ (3), (9). 40 m 7.075-7.100 MHz...... Phone, image...................... (1), (2), (9), (11). 40 m 7.100-7.150 MHz...... RTTY, data........................ (3), (9). 40 m 7.150-7.300 MHz...... Phone, image...................... (1), (2). 30 m Entire band.......... RTTY, data........................ (3). 20 m 14.00-14.15 MHz...... RTTY, data........................ (3). 20 m 14.15-14.35 MHz...... Phone, image...................... (1), (2). 17 m 18.068-18.110 MHz.... RTTY, data........................ (3). 17 m 18.110-18.168 MHz.... Phone, image...................... (1), (2). 15 m 21.0-21.2 MHz........ RTTY, data........................ (3), (9). 15 m 21.20-21.45 MHz...... Phone, image...................... (1), (2). 12 m 24.89-24.93 MHz...... RTTY, data........................ (3). 12 m 24.93-24.99 MHz...... Phone, image...................... (1), (2). 10 m 28.0-28.3 MHz........ RTTY, data........................ (4). 10 m 28.3-28.5 MHz........ Phone, image...................... (1), (2), (10). 10 m 28.5-29.0 MHz........ Phone, image...................... (1), (2). 10 m 29.0-29.7 MHz........ Phone, image...................... (2). VHF: 6 m 50.1-51.0 MHz........ MCW, phone, image, RTTY, data..... (2), (5). Do 51.0-54.0 MHz........ MCW, phone, image, RTTY, data, (2), (5), (8). test. 2 m 144.1-148.0 MHz...... MCW, phone, image, RTTY, data, (2), (5), (8). test. 1.25 m 219-220 MHz.......... Data.............................. (13). Do 222-225 MHz.......... MCW, phone, image, RTTY, data, (2), (6), (8). test. UHF: 70 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (6), (8). test. 33 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. 23 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test. 13 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. SHF: 9 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. 5 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. [[Page 699]] 3 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test. 1.2 cm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. EHF: 6 mm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. 4 mm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. 2.5 mm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. 2 mm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. 1mm Entire band.......... MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. -- Above 300 GHz........ MCW, phone, image, RTTY, data, SS, (7), (8), and (12). test, pulse. ---------------------------------------------------------------------------------------------------------------- [54 FR 25857, June 20, 1989; 54 FR 39536, Sept. 27, 1989; 55 FR 22013, May 30, 1990, as amended at 55 FR 30457, July 26, 1990; 60 FR 15688, Mar. 27, 1995] Sec. 97.307 Emission standards. (a) No amateur station transmission shall occupy more bandwidth than necessary for the information rate and emission type being transmitted, in accordance with good amateur practice. (b) Emissions resulting from modulation must be confined to the band or segment available to the control operator. Emissions outside the necessary bandwidth must not cause splatter or keyclick interference to operations on adjacent frequencies. (c) All spurious emissions from a station transmitter must be reduced to the greatest extent practicable. If any spurious emission, including chassis or power line radiation, causes harmful interference to the reception of another radio station, the licensee of the interfering amateur station is required to take steps to eliminate the interference, in accordance with good engineering practice. (d) The mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency below 30 MHz must not exceed 50 mW and must be at least 40 dB below the mean power of the fundamental emission. For a transmitter of mean power less than 5 W, the attenuation must be at least 30 dB. A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this requirement. (e) The mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency between 30-225 MHz must be at least 60 dB below the mean power of the fundamental. For a transmitter having a mean power of 25 W or less, the mean power of any spurious emission supplied to the antenna transmission line must not exceed 25 W and must be at least 40 dB below the mean power of the fundamental emission, but need not be reduced below the power of 10 W. A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this requirement. (f) The following standards and limitations apply to transmissions on the frequencies specified in Sec. 97.305(c) of this part. (1) No angle-modulated emission may have a modulation index greater than 1 at the highest modulation frequency. (2) No non-phone emission shall exceed the bandwidth of a communications quality phone emission of the same modulation type. The total bandwidth of an independent sideband emission (having B as the first symbol), or a multiplexed image and phone emission, shall not exceed that of a communications quality A3E emission. (3) Only a RTTY or data emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. The symbol rate must not exceed 300 bauds, or for frequency-shift keying, the frequency shift between mark and space must not exceed 1 kHz. (4) Only a RTTY or data emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. The symbol rate must not exceed 1200 bauds, or for frequency-shift keying, the frequency shift between mark and space must not exceed 1 kHz. (5) A RTTY, data or multiplexed emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. The symbol rate must not exceed 19.6 kilobauds. A RTTY, data or [[Page 700]] multiplexed emission using an unspecified digital code under the limitations listed in Sec. 97.309(b) of this part also may be transmitted. The authorized bandwidth is 20 kHz. (6) A RTTY, data or multiplexed emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. The symbol rate must not exceed 56 kilobauds. A RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in Sec. 97.309(b) of this part also may be transmitted. The authorized bandwidth is 100 kHz. (7) A RTTY, data or multiplexed emission using a specified digital code listed in Sec. 97.309(a) of this part or an unspecified digital code under the limitations listed in Sec. 97.309(b) of this part may be transmitted. (8) A RTTY or data emission having designators with A, B, C, D, E, F, G, H, J or R as the first symbol; 1, 2, 7 or 9 as the second symbol; and D or W as the third symbol is also authorized. (9) A station having a control operator holding a Novice or Technician Class operator license may only transmit a CW emission using the international Morse code. (10) A station having a control operator holding a Novice or Technician Class operator license may only transmit a CW emission using the international Morse code or phone emissions J3E and R3E. (11) Phone and image emissions may be transmitted only by stations located in ITU Regions 1 and 3, and by stations located within ITU Region 2 that are west of 130 deg. West longitude or south of 20 deg. North latitude. (12) Emission F8E may be transmitted. (13) A data emission using an unspecified digital code under the limitations listed in Sec. 97.309(b) also may be transmitted. The authorized bandwidth is 100 kHz. [54 FR 25857, June 20, 1989; 54 FR 30823, July 24, 1989, as amended at 54 FR 39537, Sept. 27, 1989; 60 FR 15688, Mar. 27, 1995] Sec. 97.309 RTTY and data emission codes. (a) Where authorized by Secs. 97.305(c) and 97.307(f) of the part, an amateur station may transmit a RTTY or data emission using the following specified digital codes: (1) The 5-unit, start-stop, International Telegraph Alphabet No. 2, code defined in International Telegraph and Telephone Consultative Committee Recommendation F.1, Division C (commonly known as Baudot). (2) The 7-unit code specified in International Radio Consultative Committee Recommendation CCIR 476-2 (1978), 476-3 (1982), 476-4 (1986) or 625 (1986) (commonly known as AMTOR). (3) The 7-unit code defined in American National Standards Institute X3.4-1977 or International Alphabet No. 5 defined in International Telegraph and Telephone Consultative Committee Recommendation T.50 or in International Organization for Standardization, International Standard ISO 646 (1983), and extensions as provided for in CCITT Recommendation T.61 (Malaga-Torremolinos, 1984) (commonly known as ASCII). (4) An amateur station transmitting a RTTY or data emission using a digital code specified in this paragraph may use any technique whose technical characteristics have been documented publicly, such as CLOVER, G-TOR, or PacTOR, for the purpose of facilitating communications. (b) Where authorized by Secs. 97.305(c) and 97.307(f) of this part, a station may transmit a RTTY or data emission using an unspecified digital code, except to a station in a country with which the United States does not have an agreement permitting the code to be used. RTTY and data emissions using unspecified digital codes must not be transmitted for the purpose of obscuring the meaning of any communication. When deemed necessary by an EIC to assure compliance with the FCC Rules, a station must: (1) Cease the transmission using the unspecified digital code; (2) Restrict transmissions of any digital code to the extent instructed; (3) Maintain a record, convertible to the original information, of all digital communications transmitted. [54 FR 25857, June 20, 1989, as amended at 54 FR 39537, Sept. 27, 1989; 56 FR 56172, Nov. 1, 1991; 60 FR 55486, Nov. 1, 1995] [[Page 701]] Sec. 97.311 SS emission types. (a) SS emission transmissions by an amateur station are authorized only for communications between points within areas where the amateur service is regulated by the FCC. SS emission transmissions must not be used for the purpose of obscuring the meaning of any communication. (b) Stations transmitting SS emission must not cause harmful interference to stations employing other authorized emissions, and must accept all interference caused by stations employing other authorized emissions. For the purposes of this paragraph, unintended triggering of carrier operated repeaters is not considered to be harmful interference. (c) Only the following types of SS emission transmissions are authorized (hybrid SS emissions transmissions involving both spreading techniques are prohibited): (1) Frequency hopping where the carrier of the transmitted signal is modulated with unciphered information and changes frequency at fixed intervals under the direction of a high speed code sequence. (2) Direct sequence where the information is modulo-2 added to a high speed code sequence. The combined information and code are then used to modulate the RF carrier. The high speed code sequence dominates the modulation function, and is the direct cause of the wide spreading of the transmitted signal. (d) The only spreading sequences that are authorized are from the output of one binary linear feedback shift register (which may be implemented in hardware or software). (1) Only the following sets of connections may be used: ------------------------------------------------------------------------ Number of stages in shift register Taps used in feedback ------------------------------------------------------------------------ 7...................................... 7,1. 13..................................... 13,4, 3, and 1. 19..................................... 19, 5, 2, and 1. ------------------------------------------------------------------------ (2) The shift register must not be reset other than by its feedback during an individual transmission. The shift register output sequence must be used without alteration. (3) The output of the last stage of the binary linear feedback shift register must be used as follows: (i) For frequency hopping transmissions using x frequencies, n consecutive bits from the shift register must be used to select the next frequency from a list of frequencies sorted in ascending order. Each consecutive frequency must be selected by a consecutive block of n bits. (Where n is the smallest integer greater than log2 x.) (ii) For direct sequence transmissions using m-ary modulation, consecutive blocks of log2 m bits from the shift register must be used to select the transmitted signal during each interval. (e) The station records must document all SS emission transmissions and must be retained for a period of 1 year following the last entry. The station records must include sufficient information to enable the FCC, using the information contained therein, to demodulate all transmissions. The station records must contain at least the following: (1) A technical description of the transmitted signal; (2) Pertinent parameters describing the transmitted signal including the frequency or frequencies of operation and, where applicable, the chip rate, the code rate, the spreading function, the transmission protocol(s) including the method of achieving sychronization, and the modulation type; (3) A general description of the type of information being conveyed, (voice, text, memory dump, facsimile, television, etc.); (4) The method and, if applicable, the frequency or frequencies used for station identification; and (5) The date of beginning and the date of ending use of each type of transmitted signal. (f) When deemed necessary by an EIC to assure compliance with this part, a station licensee must: (1) Cease SS emission transmissions; (2) Restrict SS emission transmissions to the extent instructed; and (3) Maintain a record, convertible to the original information (voice, text, image, etc.) of all spread spectrum communications transmitted. [[Page 702]] (g) The transmitter power must not exceed 100 W. Sec. 97.313 Transmitter power standards. (a) An amateur station must use the minimum transmitter power necessary to carry out the desired communications. (b) No station may transmit with a transmitter power exceeding 1.5 kW PEP. (c) No station may transmit with a transmitter power exceeding 200 W PEP on: (1) The 3.675-3.725 MHz, 7.10-7.15 MHz, 10.10-10.15 MHz, and 21.1- 21.2 MHz segments; (2) The 28.1-28.5 MHz segment when the control operator is a Novice or Technician operator; or (3) The 7.050-7.075 MHz segment when the station is within ITU Regions 1 or 3. (d) No station may transmit with a transmitter power exceeding 25 W PEP on the VHF 1.25 m band when the control operator is a Novice operator. (e) No station may transmit with a transmitter power exceeding 5 W PEP on the UHF 23 cm band when the control operator is a Novice operator. (f) No station may transmit with a transmitter power exceeding 50 W PEP on the UHF 70 cm band from an area specified in footnote US7 to Sec. 2.106 of the FCC Rules, unless expressly authorized by the FCC after mutual agreement, on a case-by-case basis, between the EIC of the applicable field facility and the military area frequency coordinator at the applicable military base. An Earth station or telecommand station, however, may transmit on the 435-438 MHz segment with a maximum of 611 W effective radiated power (1 kW equivalent isotropically radiated power) without the authorization otherwise required. The transmitting antenna elevation angle between the lower half-power (-3 dB relative to the peak or antenna bore sight) point and the horizon must always be greater than 10 deg.. (g) No station may transmit with a transmitter power exceeding 50 W PEP on the 33 cm band from within 241 km of the boundaries of the White Sands Missile Range. Its boundaries are those portions of Texas and New Mexico bounded on the south by latitude 31 deg. 41' North, on the east by longitude 104 deg. 11' West, on the north by latitude 34 deg. 30' North, and on the west by longitude 107 deg. 30' West. (h) No station may transmit with a transmitter power exceeding 50 W PEP on the 219-220 MHz segment of the 1.25 m band. [54 FR 25857, June 20, 1989, as amended at 56 FR 37161, Aug. 5, 1991; 56 FR 3043, Jan. 28, 1991; 60 FR 15688, Mar. 27, 1995] Sec. 97.315 Type acceptance of external RF power amplifiers. (a) No more than 1 unit of 1 model of an external RF power amplifier capable of operation below 144 MHz may be constructed or modified during any calendar year by an amateur operator for use at a station without a grant of type acceptance. No amplifier capable of operation below 144 MHz may be constructed or modified by a non-amateur operator without a grant of type acceptance from the FCC. (b) Any external RF power amplifier or external RF power amplifier kit (see Sec. 2.815 of the FCC Rules), manufactured, imported or modified for use in a station or attached at any station must be type accepted for use in the amateur service in accordance with subpart J of part 2 of the FCC Rules. This requirement does not apply if one or more of the following conditions are met: (1) The amplifier is not capable of operation on frequencies below 144 MHz. For the purpose of this part, an amplifier will be deemed to be incapable of operation below 144 MHz if it is not capable of being easily modified to increase its amplification characteristics below 120 MHz and either: (i) The mean output power of the amplifier decreases, as frequency decreases from 144 MHz, to a point where 0 dB or less gain is exhibited at 120 MHz; or (ii) The amplifier is not capable of amplifying signals below 120 MHz even for brief periods without sustaining permanent damage to its amplification circuitry. (2) The amplifier was manufactured before April 28, 1978, and has been issued a marketing waiver by the FCC, or the amplifier was purchased before April 28, 1978, by an amateur operator [[Page 703]] for use at that amateur operator's station. (3) The amplifier was: (i) Constructed by the licensee, not from an external RF power amplifier kit, for use at the licensee's station; or (ii) Modified by the licensee for use at the licensee's station. (4) The amplifier is sold by an amateur operator to another amateur operator or to a dealer. (5) The amplifier is purchased in used condition by an equipment dealer from an amateur operator and the amplifier is further sold to another amateur operator for use at that operator's station. (c) A list of type accepted equipment may be inspected at FCC headquarters in Washington, DC, or at any FCC field location. Any external RF power amplifier appearing on this list as type accepted for use in the amateur service may be marketed for use in the amateur service. Sec. 97.317 Standards for type acceptance of external RF power amplifiers. (a) To receive a grant of type acceptance, the amplifier must satisfy the spurious emission standards of Sec. 97.307(d) or (e) of this part, as applicable, when the amplifier is: (1) Operated at its full output power; (2) Placed in the ``standby'' or ``off'' positions, but still connected to the transmitter; and (3) Driven with at least 50 W mean RF input power (unless higher drive level is specified.) (b) To receive a grant of type acceptance, the amplifier must not be capable of operation on any frequency or frequencies between 24 MHz and 35 MHz. The amplifier will be deemed incapable of such operation if it: (1) Exhibits no more than 6 dB gain between 24 MHz and 26 MHz and between 28 MHz and 35 MHz. (This gain will be determined by the ratio of the input RF driving signal (mean power measurement) to the mean RF output power of the amplifier); and (2) Exhibits no amplification (0 dB gain) between 26 MHz and 28 MHz. (c) Type acceptance may be denied when denial would prevent the use of these amplifiers in services other than the amateur service. The following features will result in dismissal or denial of an application for type acceptance: (1) Any accessible wiring which, when altered, would permit operation of the amplifier in a manner contrary to the FCC Rules; (2) Circuit boards or similar circuitry to facilitate the addition of components to change the amplifier's operating characteristics in a manner contrary to the FCC Rules; (3) Instructions for operation or modification of the amplifier in a manner contrary to FCC Rules; (4) Any internal or external controls or adjustments to facilitate operation of the amplifier in a manner contrary to the FCC Rules; (5) Any internal RF sensing circuitry or any external switch, the purpose of which is to place the amplifier in the transmit mode; (6) The incorporation of more gain in the amplifier than is necessary to operate in the amateur service; for purposes of this paragraph, the amplifer must: (i) Not be capable of achieving designed output power when driven with less than 50 W mean RF input power; (ii) Not be capable of amplifying the input RF driving signal by more than 15 dB, unless the amplifier has a designed transmitter power of less than 1.5 kW (in such a case, gain must be reduced by the same number of dB as the transmitter power relationship to 1.5 kW; This gain limitation is determined by the ratio of the input RF driving signal to the RF output power of the amplifier where both signals are expressed in peak envelope power or mean power); (iii) Not exhibit more gain than permitted by paragraph (c)(6)(ii) of this section when driven by an RF input signal of less than 50 W mean power; and (iv) Be capable of sustained operation at its designed power level; (7) Any attenuation in the input of the amplifier which, when removed or modified, would permit the amplifier to function at its designed transmitter power when driven by an RF frequency input signal of less than 50 W mean power; or [[Page 704]] (8) Any other features designed to facilitate operation in a telecommunication service other than the Amateur Radio Services, such as the Citizens Band (CB) Radio Service. Subpart E--Providing Emergency Communications Sec. 97.401 Operation during a disaster. (a) When normal communication systems are overloaded, damaged or disrupted because a disaster has occurred, or is likely to occur, in an area where the amateur service is regulated by the FCC, an amateur station may make transmissions necessary to meet essential communication needs and facilitate relief actions. (b) When normal communication systems are overloaded, damaged or disrupted because a natural disaster has occurred, or is likely to occur, in an area where the amateur service is not regulated by the FCC, a station assisting in meeting essential communication needs and facilitating relief actions may do so only in accord with ITU Resolution No. 640 (Geneva, 1979). The 80 m, 75 m, 40 m, 30 m, 20 m, 17 m, 15 m, 12 m, and 2 m bands may be used for these purposes. (c) When a disaster disrupts normal communication systems in a particular area, the FCC may declare a temporary state of communication emergency. The declaration will set forth any special conditions and special rules to be observed by stations during the communication emergency. A request for a declaration of a temporary state of emergency should be directed to the EIC in the area concerned. (d) A station in, or within 92.6 km of, Alaska may transmit emissions J3E and R3E on the channel at 5.1675 Mhz for emergency communications. The channel must be shared with stations licensed in the Alaska-private fixed service. The transmitter power must not exceed 150 W. Sec. 97.403 Safety of life and protection of property. No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available. Sec. 97.405 Station in distress. (a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance. (b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radiocommunications at its disposal to assist a station in distress. Sec. 97.407 Radio amateur civil emergency service. (a) No station may transmit in RACES unless it is an FCC-licensed primary, club, or military recreation station and it is certified by a civil defense organization as registered with that organization, or it is an FCC-licensed RACES station. No person may be the control operator of a RACES station, or may be the control operator of an amateur station transmitting in RACES unless that person holds a FCC-issued amateur operator license and is certified by a civil defense organization as enrolled in that organization. (b) The frequency bands and segments and emissions authorized to the control operator are available to stations transmitting communications in RACES on a shared basis with the amateur service. In the event of an emergency which necessitates the invoking of the President's War Emergency Powers under the provisions of Section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606, RACES stations and amateur stations participating in RACES may only transmit on the following frequencies: (1) The 1800-1825 kHz, 1975-2000 kHz, 3.50-3.55 MHz, 3.93-3.98 MHz, 3.984-4.000 MHz, 7.079-7.125 MHz, 7.245-7.255 MHz, 10.10-10.15 MHz, 14.047-14.053 MHz, 14.22-14.23 MHz, 14.331-14.350 MHz, 21.047-21.053 MHz, 21.228-21.267 MHz, 28.55-28.75 MHz, 29.237-29.273 MHz, 29.45-29.65 MHz, 50.35-50.75 MHz, 52-54 MHz, 144.50-145.71 MHz, 146-148 MHz, 2390- 2450 MHz segments; [[Page 705]] (2) The 1.25 m, 70 cm and 23 cm bands; and (3) The channels at 3.997 MHz and 53.30 MHz may be used in emergency areas when required to make initial contact with a military unit and for communications with military stations on matters requiring coordination. (c) A RACES station may only communicate with: (1) Another RACES station; (2) An amateur station registered with a civil defense organization; (3) A United States Government station authorized by the responsible agency to communicate with RACES stations; (4) A station in a service regulated by the FCC whenever such communication is authorized by the FCC. (d) An amateur station registered with a civil defense organization may only communicate with: (1) A RACES station licensed to the civil defense organization with which the amateur station is registered; (2) The following stations upon authorization of the responsible civil defense official for the organization with which the amateur station is registered: (i) A RACES station licensed to another civil defense organization; (ii) An amateur station registered with the same or another civil defense organization; (iii) A United States Government station authorized by the responsible agency to communicate with RACES stations; and (iv) A station in a service regulated by the FCC whenever such communication is authorized by the FCC. (e) All communications transmitted in RACES must be specifically authorized by the civil defense organization for the area served. Only civil defense communications of the following types may be transmitted: (1) Messages concerning impending or actual conditions jeopardizing the public safety, or affecting the national defense or security during periods of local, regional, or national civil emergencies; (2) Messages directly concerning the immediate safety of life of individuals, the immediate protection of property, maintenance of law and order, alleviation of human suffering and need, and the combating of armed attack or sabotage; (3) Messages directly concerning the accumulation and dissemination of public information or instructions to the civilian population essential to the activities of the civil defense organization or other authorized governmental or relief agencies; and (4) Communications for RACES training drills and tests necessary to ensure the establishment and maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil defense organization served. Such drills and tests may not exceed a total time of 1 hour per week. With the approval of the chief officer for emergency planning in the applicable State, Commonwealth, District or territory, however, such tests and drills may be conducted for a period not to exceed 72 hours no more than twice in any calendar year. Subpart F--Qualifying Examination Systems 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: (a) Amateur Extra Class operator: Elements 1(C), 2, 3(A), 3(B), 4(A), and 4(B); (b) Advanced Class operator: Elements 1(B) or 1(C), 2, 3(A), 3(B), and 4(A); (c) General Class operator: Elements 1(B) or 1(C), 2, 3(A), and 3(B); (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. [54 FR 25857, June 20, 1989, as amended at 59 FR 54834, Nov. 2, 1994] [[Page 706]] Sec. 97.503 Element standards. (a) A telegraphy examination must be sufficient to prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the prescribed speed, using all the letters of the alphabet, numerals 0- 9, period, comma, question mark, slant mark and prosigns ar, bt, and sk. (1) Element 1(A): 5 words per minute; (2) Element 1(B): 13 words per minute; (3) Element 1(C): 20 words per minute. (b) A written examination must be such as to prove that the examinee possesses the operational and technical qualifications required to perform properly the duties of an amateur service licensee. Each written examination must be comprised of a question set as follows: (1) Element 2: 35 questions concerning the privileges of a Novice Class operator license. The minimum passing score is 26 questions answered correctly. (2) Element 3(A): 30 questions concerning the privileges of a Technician Class operator license. The minimum passing score is 22 questions answered correctly. (3) Element 3(B): 30 questions concerning the privileges of a General Class operator license. The minimum passing score is 22 questions answered correctly. (4) Element 4(A): 50 questions concerning the additional privileges of an Advanced Class operator license. The minimum passing score is 37 questions answered correctly. (5) Element 4(B): 40 questions concerning the additional privileges of an Amateur Extra Class operator license. The minimum passing score is 30 questions answered correctly. (c) The topics and number of questions required in each question set are listed below for the appropriate examination element: ---------------------------------------------------------------------------------------------------------------- Element: Topics 2 3(A) 3(B) 4(A) 4(B) ---------------------------------------------------------------------------------------------------------------- (1) FCC rules for the amateur radio services............. 10 5 4 6 8 (2) Amateur station operating procedures................. 2 3 3 1 4 (3) Radio wave propagation characteristics of amateur service frequency bands................................. 1 3 3 2 2 (4) Amateur radio practices.............................. 4 4 5 4 4 (5) Electrical principles as applied to amateur station equipment............................................... 4 2 2 10 6 (6) Amateur station equipment circuit components......... 2 2 1 6 4 (7) Practical circuits employed in amateur station equipment............................................... 2 1 1 10 4 (8) Signals and emissions transmitted by amateur stations 2 2 2 6 4 (9) Amateur station antennas and feed lines.............. 3 3 4 5 4 (10) Radiofrequency environmental safety practices at an amateur station......................................... 5 5 5 0 0 ---------------------------------------------------------------------------------------------------------------- [54 FR 25857, June 20, 1989, as amended at 61 FR 41019, Aug. 7, 1996] 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. [[Page 707]] (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. [59 FR 54834, Nov. 2, 1994] 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: (1) Element 3(B): Advanced Class operator. (2) Elements 1(A) and 3(A): Advanced or General Class operator. (3) Element 2: Advanced, General, Technician, or Technician Plus Class operator. (b) Each question set administered to an examinee must utilize questions taken from the applicable question pool. (c) Each telegraphy message and each written question set administered to an examinee for an amateur operator license must be prepared, or obtained from a supplier, by the administering VEs according to instructions from the coordinating VEC. (d) A telegraphy examination must consist of a message sent in the international Morse code at no less than the prescribed speed for a minimum of 5 minutes. The message must contain each required telegraphy character at least once. No message known to the examinee may be administered in a telegraphy examination. Each 5 letters of the alphabet must be counted as 1 word. Each numeral, punctuation mark and prosign must be counted as 2 letters of the alphabet. [54 FR 25857, June 20, 1989, as amended at 58 FR 29126, May 19, 1993; 59 FR 54834, Nov. 2, 1994] Sec. 97.509 Administering VE requirements. (a) Each examination element for an amateur operator license must be administered by a team of at least 3 VEs at an examination session coordinated by a VEC. Before the session, the administering VEs or the VE session manager must ensure that public announcement is made 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. [[Page 708]] (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, 3 VEs must certify on the examinee's application document that the applicant is qualified for the license and that they have complied with these administering VE requirements. The certifying VEs are jointly and individually accountable for the proper administration of each examination element reported on the examinee's application FCC Form 610. The certifying VEs may delegate to other qualified VEs their authority, but not their accountability, to administer individual elements of an examination. (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. [59 FR 54834, Nov. 2, 1994, as amended at 61 FR 9953, Mar. 12, 1996; 62 FR 17567, Apr. 10, 1997] Sec. 97.511 Examinee conduct. Each examinee must comply with the instructions given by the administering VEs. [59 FR 54835, Nov. 2, 1994] Sec. 97.513 VE session manager requirements. (a) A VE session manager may be selected by the VE team for each examination session. The VE session manager must be accredited as a VE by the same VEC that coordinates the examination session. The VE session manager may serve concurrently as an administering VE. (b) The VE session manager may carry on liaison between the VE team and the coordinating VEC. (c) The VE session manager may organize activities at an examination session. [62 FR 17567, Apr. 10, 1997] [[Page 709]] Sec. 97.515-97.517 [Reserved] Sec. 97.519 Coordinating examination sessions. (a) A VEC must coordinate the efforts of VEs in preparing and administering examinations. (b) At the completion of each examination session, the coordinating VEC must collect the FCC Form 610 documents and test results from the administering VEs. Within 10 days of collecting the FCC Form 610 documents, the coordinating VEC must: (1) Screen each FCC Form 610 document; (2) Resolve all discrepancies appearing on the FCC Form 610 documents and verify that the VEs' certifications are properly completed; and (3) For qualified examinees, forward electronically the data contained on the FCC Form 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 Form 610 documents for at least 15 months and make them available to the FCC upon request. (c) Each VEC must make any examination records 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. [54 FR 25857, June 20, 1989, as amended at 59 FR 54835, Nov. 2, 1994; 62 FR 17567, Apr. 10, 1997] Sec. 97.521 VEC qualifications. No organization may serve as a VEC unless it has entered into a written agreement with the FCC. The VEC must abide by the terms of the agreement. In order to be eligible to be a VEC, the entity must: (a) Be an organization that exists for the purpose of furthering the amateur service; (b) Be capable of serving as a VEC in at least the VEC region (see appendix 2) proposed; (c) Agree to coordinate examinations for any class of amateur operator license; (d) Agree to assure that, for any examination, every examinee qualified under these rules is registered without regard to race, sex, religion, national origin or membership (or lack thereof) in any amateur service organization; [54 FR 25857, June 20, 1989, as amended at 58 FR 29127, May 19, 1993; 61 FR 9953, Mar. 12, 1996] Sec. 97.523 Question pools. All VECs must cooperate in maintaining one question pool for each written examination element. Each question pool must contain at least 10 times the number of questions required for a single examination. Each question pool must be published and made available to the public prior to its use for making a question set. Each question on each VEC question pool must be prepared by a VE holding the required FCC-issued operator license. See Sec. 97.507(a) of this part. Sec. 97.525 Accrediting VEs. (a) No VEC may accredit a person as a VE if: (1) The person does not meet minimum VE statutory qualifications or minimum qualifications as prescribed by this part; (2) The FCC does not accept the voluntary and uncompensated services of the person; (3) The VEC determines that the person is not competent to perform the VE functions; or (4) The VEC determines that questions of the person's integrity or honesty could compromise the examinations. [[Page 710]] (b) Each VEC must seek a broad representation of amateur operators to be VEs. No VEC may discriminate in accrediting VEs on the basis of race, sex, religion or national origin; nor on the basis of membership (or lack thereof) in an amateur service organization; nor on the basis of the person accepting or declining to accept reimbursement. Sec. 97.527 Reimbursement for expenses. (a) VEs and VECs may be reimbursed by examinees for out-of-pocket expenses incurred in preparing, processing, administering, or coordinating an examination for an amateur operator license. (b) The maximum amount of reimbursement from any one examinee for any one examination at a particular session regardless of the number of examination elements taken must not exceed that announced by the FCC in a Public Notice. (The basis for the maximum fee is $4.00 for 1984, adjusted annually each January 1 thereafter for changes in the Department of Labor Consumer Price Index.) [54 FR 25857, June 20, 1989, as amended at 58 FR 29127, May 19, 1993; 61 FR 9953, Mar. 12, 1996] Appendix 1 to Part 97--Places Where the Amateur Service is Regulated by the FCC In ITU Region 2, the amateur service is regulated by the FCC within the territorial limits of the 50 United States, District of Columbia, Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin Islands (50 islets and cays) and Navassa Island], and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern and Sand) in the Pacific Insular areas. In ITU Region 3, the amateur service is regulated by the FCC within the Pacific Insular territorial limits of American Samoa (seven islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes). Appendix 2 to Part 97--VEC Regions 1. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. 2. New Jersey and New York. 3. Delaware, District of Columbia, Maryland and Pennsylvania. 4. Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia. 5. Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Texas. 6. California. 7. Arizona, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming. 8. Michigan, Ohio and West Virginia. 9. Illinois, Indiana and Wisconsin. 10. Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. 11. Alaska. 12. Caribbean Insular areas. 13. Hawaii and Pacific Insular areas.