FR Doc 04-18718

[Federal Register: August 17, 2004 (Volume 69, Number 158)]
[Proposed Rules]
[Page 51028-51034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au04-22]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 97

[WT Docket No. 04-140; FCC 04-79]

Amateur Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to revise operating privileges for
amateur radio service licensees as well as to eliminate obsolete and
duplicative rules in the Amateur Radio Service. We believe that these
proposals will promote the development of the amateur radio service by
providing licensees greater flexibility in the utilization of amateur
service frequencies; eliminate unduly burdensome or duplicative
requirements that may discourage individuals from becoming amateur
radio service licensees; and promote efficient use of spectrum
allocated to the Amateur Radio Service.

DATES: Submit comments on or before September 16, 2004, and reply
comments are due on or before October 1, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for filing
instructions.

FOR FURTHER INFORMATION CONTACT: William T. Cross,

[[Page 51029]]

William.Cross@fcc.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, TTY (202)
418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), WT Docket No. 04-140, FCC 04-79, adopted
March 31, 2004, and released April 15, 2004. The full text of this
document is available for inspection and copying during normal business
hours at the FCC Reference Information Center, Portals II, 445 12th
Street SW., Room CY-A257, Washington, DC 20554. This document may also
be purchased from the Commission's duplicating contractor, Best Copy
and Printing, Inc., Portals II, 445 12th Street, Suite CY-B402,
Washington, DC 20554. Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426, or TTY (202)
418-7365, or at brian.millin@fcc.gov.
1. The Commission initiated this proceeding to revise operating
privileges for amateur radio service licensees as well as to eliminate
obsolete and duplicative rules in the Amateur Radio Service. These
proposals to amend the part 97 Amateur Radio Service rules were made in
response to the filing of nineteen petitions for rulemaking and one
informal request. The Commission found that because some of the
petitions have presented sufficient evidence to warrant proposing rule
changes, and in the interest of administrative efficiency, it
consolidated these matters in the Order. Specifically, the Commission
proposed to revise the operating privileges of amateur radio operators
in four high frequency bands; permit auxiliary stations to transmit on
the 2 m amateur service band; permit amateur stations to transmit
spread spectrum communications on the 1.25 m band; permit amateur
stations to re-transmit communications from the International Space
Station; allow amateur service licensees to designate the amateur radio
club to receive their call sign, in memoriam; prohibit an applicant
from filing more than one application for a specific vanity call sign;
eliminate unnecessary restrictions imposed on certain equipment
manufacturers; allow amateur radio stations in or near Alaska more
flexibility in providing emergency communications; and eliminate
unnecessary rules in the amateur radio operator license examination
system.

I. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

2. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's rules.

B. Comment Dates

3. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before September 16, 2004, and reply comments on or before October 1,
2004. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies.
4. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.

Generally, one copy of an electronic submission must be filed. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form < your e-mail
address>.'' A sample form and directions will be sent in reply.
5. Parties who chose to file by paper must file an original and
four copies of each filing. The docket number appearing in the caption
of this proceeding must appear in each comment or filing. All filings
must be sent to the Commission's Secretary, Marlene H. Dortch, Office
of the Secretary, Federal Communications Commission, 445 12th Street,
SW., Room TW-A325, Washington, DC 20554.
6. For further information, contact William T. Cross, Public Safety
and Critical Infrastructure Division, Wireless Telecommunications
Bureau, (202) 418-0680, or TTY (202) 418-7233.

C. Paperwork Reduction Act

7. This NPRM does not contain either a proposed or modified
information collection requirement.

II. Initial Regulatory Flexibility Analysis

8. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires an initial regulatory flexibility analysis to be prepared for
notice and comment rulemaking proceedings, unless the agency certifies
that ``the rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities.'' The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which is
independently owned and operated, is not dominant in its field of
operation, and satisfies any additional criteria established by the
Small Business Administration (SBA).

A. Need for, and Objectives of, the Proposed Rules

9. In the NPRM, we propose to amend the rules that apply to how an
individual who has qualified for an amateur service operator license
and is the control operator of an amateur radio station can use an
amateur radio station to pursue the basis and purpose of the amateur
service. The proposed rules apply exclusively to individuals who are
licensees in the amateur radio service and to individuals who are
control operators of amateur radio stations. Such amendments would be
in the public interest because they would allow more flexibility in the
way an amateur radio station can be used by a licensee, would allow the
control operator of an amateur radio station additional flexibility in
the operation of the station, and would take advantage of technological
developments in equipment and communication techniques that have
occurred since the Commission last considered operating privileges in
the amateur radio service.

B. Legal Basis for Proposed Rules

10. The proposed action is authorized under sections 4(i), 4(j),
and 303(r), of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), and 303(r).

C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply

11. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires an initial regulatory flexibility analysis to be prepared for
notice and comment rulemaking proceedings, unless the agency certifies
that ``the rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities.'' The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small

[[Page 51030]]

organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A ``small business
concern'' is one which: (i) Is independently owned and operated; (ii)
is not dominant in its field of operation; and (iii) satisfies any
additional criteria established by the Small Business Administration
(SBA).

D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements

12. None.

E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered

13. The rules proposed in the NPRM, potentially could affect
manufactures of amateur radio equipment. Based on requests from
manufactures for certification of amateur radio transmitters and
receivers, we believe that there are between five and ten manufactures
of amateur radio equipment and that none of these manufactures are
small entities. The proposed rule changes, if adopted, would apply to
the control operator of an amateur radio station and would not result
in a mandatory change in manufactured amateur radio equipment.
Therefore, we certify that the proposals in this NPRM, if adopted, will
not have a significant economic impact on a substantial number of small
entities. The Commission will send a copy of the NPRM, including a copy
of this Initial Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the SBA. This initial certification will also
be published in the Federal Register.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules

14. None.

III. Ordering Clauses

15. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rulemaking and Order, including the Initial Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.

List of Subjects

47 CFR Parts 1 and 2

Radio.

47 CFR Part 97

Radio, Volunteers.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Proposed Rules

For reasons discussed in the preamble, the Federal Communications
Commission proposes to amend 47 CFR parts 1, 2, and 97 as follows:

PART 1--APPLICATION REQUIREMENTS AND PROCEDURES

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309,
and 325(e).

2. Section 1.934 is amended by redesignating paragraphs (d)(3) and
(d)(4), as (d)(4) and (d)(5), and adding a new paragraph (d)(3) to read
as follows:

Sec. 1.934 Defective applications and dismissal.

* * * * *
(d) * * *
(3) It includes a list of amateur station vanity call signs in
order of preference and requests, as the first preferred call sign, the
same call sign requested on another application filed on the same day
by the same applicant.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

3. The authority citation for part 2 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.

4. Section 2.106 is amended by revising United States footnote
US267 to read as follows:

Sec. 2.106 Table of Frequency Allocations.

* * * * *
US267 In the band 902-928 MHz, amateur radio stations shall
transmit on the frequency segments 902.0-902.4, 902.6-904.3, 904.7-
925.3, 925.7-927.3, and 927.7-928.0 MHz within the states of Colorado
and Wyoming, bounded by the area of latitude 39[deg] N. to 42[deg] N.
and longitude 103[deg] W. to 108[deg] W.
* * * * *
5. Section 2.815 is amended by revising paragraphs (b) and (c) and
by removing paragraphs (d) and (e) to read as follows:

Sec. 2.815 External radio frequency power amplifiers.

* * * * *
(b) After April 27, 1978, no person shall manufacture, sell or
lease, offer for sale or lease (including advertising for sale or
lease), or import, ship, or distribute for the purpose of selling or
leasing or offering for sale or lease, any external radio frequency
power amplifier unless the amplifier has been approved in accordance
with subpart J of this part and other relevant parts of this chapter.
This proscription shall not apply to the marketing to an amateur radio
operator of an external radio frequency power amplifier provided the
amplifier is for use at an amateur radio station and the requirements
of Sec. Sec. 97.315 and 97.317 of this chapter are met.
(c) No person shall manufacture, sell or lease, offer for sale or
lease (including advertising for sale or lease) or import, ship or
distribute for the purpose of selling or leasing or offering for sale
or lease, any external radio frequency power amplifier unless the
amplifier has received a grant of certification in accordance with
subpart J of this part and other relevant parts of this chapter. No
more than 10 external radio frequency power amplifiers may be
constructed for evaluation purposes in preparation for the submission
of an application for a grant of certification. This proscription shall
not apply to the marketing to a licensed amateur radio operator of an
external radio frequency power amplifier provided the amplifier is for
use at an amateur radio station and the requirements of Sec. Sec.
97.315 and 97.317 of this chapter are met.
6. Section 2.1060 is amended by removing paragraph (c),
redesignating paragraph (d) as paragraph (c) and revising newly
designated paragraph (c) to read as follows:

Sec. 2.1060 Equipment for use in the amateur radio service.

* * * * *
(c) Certification of external radio frequency power amplifiers may
be denied when denial would prevent the use of these amplifiers in
services other than the Amateur Radio Service.

PART 97--AMATEUR RADIO SERVICE

7. The authority citation for part 97 continues to read as follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.

8. Section 97.3 is amended by removing and reserving paragraph
(a)(19) and revising paragraph (c)(2) to read as follows:

Sec. 97.3 Definitions.

* * * * *
(c) * * *
(2) Data. Telemetry, telecommand and computer communications
emissions

[[Page 51031]]

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; emissions A1C and F2C
having an occupied bandwidth of 500 Hz or less, and J2D. Only a digital
code of a type specifically authorized in this part may be transmitted.
* * * * *
9. Section 97.19 is amended by revising paragraphs (c)(3) and
(d)(1) to read as follows:

Sec. 97.19 Application for a vanity call sign.

* * * * *
(c) * * *
(3) Except for an applicant who is the spouse, child, grandchild,
stepchild, parent, grandparent, step-parent, 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 a statement of consent signed by the person ante mortem or 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 grant, whichever is sooner.
(d) * * *
(1) The applicant must request that the call sign shown on the
license grant be vacated and provide a list of up to 25 call signs in
order of preference. In the event that an applicant requests the same
call sign as their first preferred call sign in more than one
application on the same receipt day, only the first processable
application received by the Commission will be considered.
* * * * *
10. Section 97.111 is amended by redesignating paragraphs (a)(2)
through (a)(4) as (a)(3) through (a)(5), respectively, and adding a new
paragraph (a)(2) to read as follows:

Sec. 97.111 Authorized transmissions.

(a) * * *
(2) Transmissions necessary to meet essential communication needs
and to facilitate relief actions.
* * * * *
11. Section 97.113 is amended by revising paragraph (e) to read as
follows:

Sec. 97.113 Prohibited transmissions.

* * * * *
(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 manned spacecraft and its
associated Earth stations. Prior approval for manned spacecraft
communications retransmissions must be obtained from the National
Aeronautics and Space Administration. Such retransmissions must be for
the exclusive use of amateur radio operators. Propagation, weather
forecasts, and manned spacecraft communications retransmissions may not
be conducted on a regular basis, but only occasionally, as an incident
of normal amateur radio communications.
* * * * *
12. Section 97.115 is amended by revising paragraph (b)(2),
redesignating paragraph (c) as paragraph (d), and adding a new
paragraph (c), to read as follows:

Sec. 97.115 Third party communications.

* * * * *
(b) * * *
(2) The third party is not a prior amateur service licensee whose
license was revoked or not renewed after hearing and re-licensing has
not taken place; 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 re-licensing 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) No station may transmit third party communications while being
automatically controlled except a station transmitting a RTTY or data
emission.
* * * * *
13. Section 97.201 is amended by revising paragraph (b) to read as
follows:

Sec. 97.201 Auxiliary station.

* * * * *
(b) An auxiliary station may transmit only on the 2 m and shorter
wavelength bands, except the 144.0-144.5 MHz, 145.8-146.0 MHz, 219-220
MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments.
* * * * *
14. Section 97.207 is amended by revising paragraphs (g)
introductory text, (g)(1), and (g)(2), by adding (g)(3) and by removing
paragraphs (h) and (i) to read as follows:

Sec. 97.207 Space station.

* * * * *
(g) The license grantee of each space station must file the
following notification with the International Bureau, FCC, Washington,
DC 20554.
(1) A pre-space notification within 30 days after launch vehicle
determination, but no later than 90 days before integration of the
space station into the launch vehicle. This notification shall include
an electronic file containing the information required by Appendix 4 of
the ITU Radio Regulations in the format consistent with ITU
requirements. With that notification, the license grantee of the space
station shall include a description of the design and operational
strategies the space station will use to mitigate orbital debris,
including a casualty risk assessment if planned post-mission disposal
involves atmospheric re-entry of the spacecraft. The description must
include an analysis demonstrating that debris generation will not
result from the conversion of chemical, pressure, or kinetic energy
sources on board the spacecraft into energy that fragments the
spacecraft. This demonstration should address whether stored energy
will be removed at the spacecraft's end-of-life, by depleting residual
fuel and leaving all fuel line valves open, venting any pressurized
system, leaving all batteries in a permanent discharge state, and
removing any remaining source of stored energy, or through other
equivalent procedures. If any material item described in the
notification changes before launch, a replacement pre-space
notification shall be filed with the International Bureau. The
replacement notification shall be filed no later than 90 days before
integration of the space station into the launch vehicle.
(2) An in-space station notification no later than 7 days following
initiation of space station transmissions. This notification must
update the information contained in the pre-space notification.
(3) A post-space station notification no later than 3 months after
termination of the space station transmissions. When termination of
transmissions is ordered by the FCC, the notification is required no
later than 24 hours after termination of transmissions.
15. Section 97.301 is amended by:
a. Revising the second and third entries to the table following
paragraph (b),
b. Revising the second, third, ninth, and tenth entries to the
table following paragraph (c),
c. Revising the second, third, fourth, fifth, tenth, and eleventh
entries to the table following paragraph (d), and by

[[Page 51032]]

d. Revising the first, second, third, and fourth entries to the
table following paragraph (e).
The revisions read as follows:

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.
* * * * *
(b) * * *

----------------------------------------------------------------------------------------------------------------
Sharing requirements
Wavelength band ITU--Region 1 ITU--Region 2 ITU--Region 3 see Sec. 97.303
(paragraph)
----------------------------------------------------------------------------------------------------------------
MF................................ kHz kHz kHz

* * * * * * *
HF................................ MHz MHz MHz
80 m.............................. 3.50-3.725 3.50-3.725 3.50-3.725 (a).
75 m.............................. 3.725-3.80 3.725-4.00 3.725-3.90 (a).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * * * *
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

* * * * * * *
----------------------------------------------------------------------------------------------------------------

(d) * * *

* * * * * * *
HF................................ MHz MHz MHz
80 m.............................. 3.525-3.725 3.525-3.725 3.525-3.725 (a).
75 m.............................. ................ 3.800-4.000 3.800-3.900 (a).
40 m.............................. 7.025-7.125 7.025-7.125 7.025-7.125 (a).
Do............................... ................ 7.175-7.300 ................ (a).

* * * * * * *
15 m.............................. 21.025-21.200 21.025-21.200 21.025-21.200
Do............................... 21.275-21.450 21.275-21.450 21.275-21.450

* * * * * * *
----------------------------------------------------------------------------------------------------------------

(e) * * *

[[Page 51033]]

40 m.............................. 7.025-7.075 7.025-7.125 7.025-7.075 (a).
15 m.............................. 21.025-21.2 21.025-21.2 21.025-21.2
10 m.............................. 28.0-28.5 28.0-28.5 28.0-28.5

* * * * * * *
----------------------------------------------------------------------------------------------------------------

16. Section 97.303 is amended by revising paragraph (g)(1) to read
as follows:

Sec. 97.303 Frequency sharing requirements.

* * * * *
(g) * * *
(1) In the States of Colorado and Wyoming, bounded by the area of
latitude 39[deg] N. to 42[deg] N. and longitude 103[deg] W. to 108[deg]
W., an amateur station may transmit on the frequency segments 902.0-
902.4, 902.6-904.3, 904.7-925.3, 925.7-927.3, and 927.7-928.0 MHz. This
band is allocated on a secondary basis to the amateur service subject
to not causing harmful interference to, and not receiving any
interference protection from, the operation of industrial, scientific
and medical devices, automatic vehicle monitoring systems, or
Government stations authorized in this band.
* * * * *
17. Section 97.305 is amended by revising the fifth, sixth,
seventh, eighth, and twenty-sixth entries to the table following
paragraph (c) to read as follows:

Sec. 97.305 Authorized emission types.

* * * * *
(c) * * *

----------------------------------------------------------------------------------------------------------------
Emission types Standards see Sec.
Wavelength Frequencies band authorized 97.307(f), (paragraph)
----------------------------------------------------------------------------------------------------------------
40 m............................ 7.000-7.075 MHz RTTY, data......... (3), (9).
Do............................. 7.075-7.100 MHz Phone, image....... (1), (2), (9), (11).
Do............................. 7.100-7.125 MHz RTTY, data......... (1), (9).
Do............................. 7.125-7.300 MHz Phone, image....... (1), (2).

* * * * * * *
Do.............................. 222-225 MHz RTTY, data, test (2), (6), (8).
MCW, phone, SS,
image.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

18. Section 97.313 is amended by revising paragraph (c)
introductory text, (c)(1) and (c)(2) to read as follows:

Sec. 97.313 Transmitter power standards.

* * * * *
(c) No station may transmit with a transmitter power exceeding 200
W PEP:
(1) On the 10.10-10.15 MHz segment;
(2) When the control operator is a Novice Class operator or a
Technician Class operator who has received credit for proficiency in
telegraphy in accordance with the international requirements; or
* * * * *
19. Section 97.315 is revised to read as follows:

Sec. 97.315 Certification of external RF power amplifiers.

(a) Any external RF power amplifier (see Sec. 2.815 of the FCC
Rules) manufactured or imported for use at an amateur radio station
must be certificated for use in the amateur service in accordance with
subpart J of part 2 of the FCC Rules. No amplifier capable of operation
below 144 MHz may be constructed or modified by a non-amateur service
licensee without a grant of certification from the FCC.
(b) The requirement of paragraph (a) of this section does not apply
if one or more of the following conditions are met:
(1) The amplifier is constructed or modified by an amateur radio
operator for use at an amateur station.
(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 radio operator for use
at that operator's station.
(3) The amplifier is sold to an amateur radio operator or to a
dealer, the amplifier is purchased in used condition by a dealer, or
the amplifier is sold to an amateur radio operator for use at that
operator's station.
(c) Any external RF power amplifier appearing in the Commission's
database as certificated for use in the amateur service may be marketed
for use in the amateur service.
20. Section 97.317 is revised to read as follows:

Sec. 97.317 Standards for certification of external RF power
amplifiers.

(a) To receive a grant of certification, the amplifier must:
(1) Satisfy the spurious emission standards of Sec. 97.307(d) or
(e) of this part, as applicable, when the amplifier is operated at the
lesser of 1.5 kW PEP or its full output power and when the amplifier is
placed in the ``standby'' or ``off'' positions while connected to the
transmitter.
(2) Not be capable of amplifying the input RF power (driving
signal) by more than 15 dB gain. Gain is defined as the ratio of the
input RF power to the output RF power of the amplifier where both power
measurements are expressed in peak envelope power or mean power.
(b) Certification may be denied when the Commission determines the
amplifier can be used in services other than the Amateur Radio Service.
21. Section 97.401 is revised to read as follows:

Sec. 97.401 Operation during a disaster.

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

[[Page 51034]]

channel must be shared with stations licensed in the Alaska private
fixed service. The transmitter power must not exceed 150 W. A station
in, or within 92.6 km of, Alaska may transmit communications for tests
and training drills necessary to ensure the establishment, operation,
and maintenance of emergency communication systems.
22. Section 97.407 is amended by revising paragraph (b) to read as
follows:

Sec. 97.407 Radio amateur civil emergency service.

* * * * *
(b) The frequency bands, 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
frequency segments authorized pursuant to part 214 of this chapter.
* * * * *
23. Section 97.505 is amended by adding paragraph (a)(10) to read
as follows:

Sec. 97.505 Element credit.

(a) * * *
(10) An expired FCC-issued Technician Class license document and a
CSCE indicating the examinee has passed a telegraphy examination:
Element 1.
* * * * *
24. Section 97.509 is amended by revising paragraphs (a) and (m) to
read as follows:

Sec. 97.509 Administering VE requirements.

(a) Each examination for an amateur operator license must be
administered by a team of at least 3 VEs at an examination session
coordinated by a VEC. The number of examinees at the session may be
limited.
* * * * *
(m) After the administration of a successful examination for an
amateur service operator license, the administering VEs or the VE
session manager must submit the application document to the
coordinating VEC according to the coordinating VEC's instructions.
25. Section 97.519 is amended by revising paragraph (b)
introductory text to read as follows:

Sec. 97.519 Coordinating examination sessions.

* * * * *
(b) At the completion of each examination session, the coordinating
VEC must collect applicant information and test results from the
administering VEs. The coordinating VEC must:
* * * * *
[FR Doc. 04-18718 Filed 8-16-04; 8:45 am]

BILLING CODE 6712-01-P