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XxPBACKGROUND pR"(#L 7 XxPDISCUSSION p!(#F 11 XxX` ` xNumber of license classes ` p!(#F 11 XxX` ` xGreater volunteer examiner opportunities ` p!(#F 14 XxX` ` xRACES Station Licenses ` p!(#F 15 XxX` ` xPrivatization of Certain Enforcement Procedures ` p3"(#I 17 XxX` ` xTelegraphy examination requirements ` p3"(#I 19 XxX` ` xWritten Examinations ` p3"(#I 26 XxX` ` xDisposition of Rule Making Petitions ` p3"(#I 28 XxPCONCLUSION p3"(#I 32 XxPPROCEDURAL MATTERS p3"(#I 33 XxPORDERING CLAUSES p3"(#I 39"(, * *,,,"Ԍ S-ԛ I. INTRODUCTION  S-   x1. We are initiating this proceeding as part of our 1998 biennial review of regulations pursuant  Sg- x.to Section 11 of the Communications Act of 1934, as amended.gO {O-#X\  P6G;HP#эxSee Section 11 of the Communications Act of 1934, as amended, 47 U.S.C.  161. Section 11 requires us to review all our  xregulations applicable to providers of telecommunications service and determine whether any rule is no  x0longer in the public interest as a result of meaningful economic competition between providers of  xytelecommunications services, and whether such regulations should be deleted or modified. In conjunction  xwith our biennial review of regulations required under Section 11, however, we believe it is appropriate  xMto review all of our regulations relating to administering wireless services, not just those pertaining to  xproviders of telecommunications services, to determine which regulations can be streamlined or  S-eliminated.8ZO {O -  #X\  P6G;HP#эxSee "FCC Staff Proposes 31 Proceedings as Part of 1998 Biennial Regulatory Review", FCC News, Report  yO -No. GN 981 (February 5, 1998).#X\  P6G;HP#8  S -  Ox2. With this Notice of Proposed Rule Making (Notice), we commence a proceeding to examine  xour rules for the Amateur Radio Service in an effort to eliminate unnecessary and duplicative rules, as well  x.as to streamline our licensing processes. We also examine streamlining initiatives for the Amateur Radio  xService in addition to those already described in our proposals concerning the Universal Licensing System  S -(ULS)." O {O%-  #X\  P6G;HP#эxSee Notice of Proposed Rule Making, In the Matter of Biennial Regulatory Review Amendment of Parts  x0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and  xUse of the Universal Licensing System in the Wireless Telecommunications Services, WT Docket 9820, (FCC 9825 adopted February 19, 1998).  S8-. II. EXECUTIVE SUMMARY ă  S-x3. In this Notice, we propose to modify our Amateur Radio Service rules as follows:  Sm-xo` ` Reduce the number of license classes from 6 to 4. (#`  S- ` Sxo` ` Provide greater opportunities to volunteer examiners (VEs) to participate in the examination process.(#` x  Sn- ` xo` ` Eliminate Radio Amateur Civil Emergency Service (RACES) licenses because the  ` emergency communications that routinely are transmitted by RACES stations can be transmitted by primary, club or military recreation stations.(#`   ?x4. We seek comment on ideas for improving our enforcement processes as they relate to amateur radio.   lx5. We also seek comment on changes to the telegraphy requirements for the amateur radio service and to the written examinations that must be passed to qualify for an amateur radio license. x   x6. Finally, we dispose of various routine and repetitive petitions for rule making which concern"p,l(l(,,!" matters on which the Commission already has acted.  Sg- III. BACKGROUND ă  S4-  S-   x 7. Amateur radio operators engage in voluntary, noncommercial communications with other  xamateur operators located in the United States and in foreign countries. The Amateur Radio Service is  xfor persons of any age who are interested in radio technique solely with a personal aim and without  Sh- xpecuniary interest.hO yO-#X\  P6G;HP#эx47 C.F.R.  97.1 and 97.3(a)(4). It presents an opportunity for selftraining, intercommunication and technical  xinvestigation. Millions of amateur operators in all areas of the world communicate with each other  S- xdirectly or through ad hoc relay systems. They exchange messages by voice, teleprinting, telegraphy,  x>digital packets, facsimile and television. All frequencies are shared. No frequency is assigned for the  xexclusive use of any amateur station. When normal communication systems have been overloaded,  xydamaged or disrupted because a disaster has occurred, or is likely to occur, amateur operators repeatedly have provided essential communications links and facilitated relief actions on a purely voluntary basis.   x8. There are currently six classes of amateur operator licenses. The higher the license class, the  xjmore expertise the licensee must demonstrate by examination and the greater the frequency privileges the  Sk- xamateur operator is authorized.|kXO {Oc-#X\  P6G;HP#эxSee 47 C.F.R.  97.9.| Novice Class licensees pass a slow speed telegraphy examination and  xlhave limited frequency privileges. The Technician Class license holder may use any of seventeen  xfrequency bands above 50 MHz. Holders of the Technician Plus Class have additional privileges in four  x.shortwave bands, between 330 MHz. The General Class carries privileges in all twentyseven amateur  x.service bands. The privileges of an Advanced Class licensee includes 275 kHz of additional spectrum in  xthe high frequency (HF) bands. The frequency privileges of an Amateur Extra Class includes access to  x\an additional 175 kHz in the HF bands. The class for which each examinee is qualified is determined  xby the degree of skill and knowledge in operating a station that the examinee demonstrates at the examination.   Nx9. The Amateur Radio Service rules are designed to provide emergency communications, advance  xradio technology, improve operator skills, enhance international goodwill, and expand the number of  S- x[trained operators, technicians and electronic experts.vO {O-#X\  P6G;HP#эxSee 47 C.F.R.  97.1.v The last major restructuring of the Amateur Radio  S- x.Service rules took place in 1989.|O {O-  #X\  P6G;HP#эxSee Report and Order, In the Matter of Reorganization and Deregulation of Part 97 of the Rules Governing the Amateur Radio Service, PR Docket No. 88139, 4 FCC Rcd 4719 (1989). At that time, we eliminated unnecessary rules and simplified complex  xterminology to create a more meaningful and easytouse body of regulations. In view of advanced  xcommunication techniques, this is an opportune time to consider additional ways to streamline and  xsimplify the Amateur Radio Service Rules by conforming them to contemporary technological advances in the art of radio communication.  S-  ! x  10. Three petitions for rule making filed by The American Radio Relay League, Inc. (ARRL) are",l(l(,, "  S- xMalso addressed in this Notice. In RM9148,O {Oh-#X\  P6G;HP#эxSee Petition for Rule Making, filed October 28, 1996. ARRL proposes revision to the amateur service rules to  S- xxprovide more opportunities to VEs to prepare and administer examinations. In RM9150, ZO {O-#X\  P6G;HP#эxSee Petition for Rule Making, filed March 28, 1997. ARRL proposes  xyamendment of the amateur service rules to create a private sector complaint procedure for resolving cases  Sh- xof malicious interference in the amateur service. In RM9196, hO {O-#X\  P6G;HP#эxSee Petition for Rule Making, filed September 23, 1997. ARRL proposes amendment of the  x.amateur service rules allowing telegraphy examination credit to examinees with a disability. The issues  x[raised in the ARRL petitions are within the scope of this Regulatory Review and are consolidated in this proceeding.  Si-x` `  hh IV. DISCUSSION  S- A. Number of License Classes  S -  x 11. There are six classes of operator licenses in the amateur radio services.   ~O yO-  #X\  P6G;HP#эxThe current operator license classes are: Novice, Technician, Technician Plus, General, Advanced and  {O-Amateur Extra. See 47 C.F.R.  97.9.  Each time that an  xamateur operator moves to a higher class, the VEs must prepare and administer an examination, and the  xkCommission must process a license transaction to modify the data base and issue a license document.  xWhile we continue to believe there should be a number of license classes sufficient to encourage amateur  S - xOoperators to advance their skills in meaningful ways,y O {OI-#X\  P6G;HP#эxSee 47 C.F.R.  97.1(c).y six classes of operator licenses may be  xunnecessary. Reducing the number of classes of operator licenses would relieve the VEs from the tasks  xof preparing and administering unnecessary examinations. It would also ease the Commission's burden  xof providing oversight of the system and maintaining a data base of the current operator class for every  S- xamateur operator. Xj O yO-  #X\  P6G;HP#эxAs of December 1, 1997, the data base listed 719,331 amateur operators. There were 79,965 in the Novice  xClass, 179,226 in the Technician Class, 147,559 in the Technician Plus Class, 124,415 in the General Class, 112,482 in the Advanced Class and 75,694 in the Amateur Extra Class. We note that an ARRL committee recommended that the number of license classes  x=be reduced from six to five by deleting the Novice Class and restructuring the Technician and Technician  S-Plus Classes.{ O yO-#X\  P6G;HP#эxQST, March 1997 at pp. 5557.{   lx 12. We have reviewed the various license classes and there appears to be an unnecessary overlap  xbetween the Novice, Technician and Technician Plus license classes. The Novice Class was established  xin 1951, at a time when telegraphy was still a common mode of radio communication in commercial,  S- x.military, and marine services and applications.O {OZ%-#X\  P6G;HP#эxSee Report and Order, Docket 9295, 42 FCC 198 (1951). Currently, there are very few individuals who take the  xexamination for the Novice Class operator license. For example, in 1997, we received only 961  xapplications for the Novice Class. By comparison, we received 21,416 applications for the nocode":,l(l(,,"  S- xTechnician Class operator license., O yOh-  #X\  P6G;HP#эxThe interest in the Novice Class operator license shows a steady decline while a strong interest is shown  x<in the nocode Technician Class operator license. For example, in 1995, there were 1,391 Novice applicants as  x,compared with 961 applicants for that license class in 1997. For the past 3 years, however, we have received more than 20,000 applications per year for the nocode Technician Class operator license., We believe that the nocode Technician Class operator license has  xreplaced the Novice Class operator license as the entrylevel license class of choice. Therefore, we  xLtentatively conclude that the Novice Class operator license no longer serves a significant, useful purpose  Sg- xand should be phased out,gO yO-  #X\  P6G;HP#эxOn December 1, 1993, there were 100,098 Novice Class operators. The number of Novice Class operators declined to 88,192 on December 1, 1996, and to 79,965 on December 1, 1997.  with the current holders of Novice Class operator licenses being grandfathered.  xNo new Novice Class licenses would be granted, but anyone currently holding licenses would be permitted  xto modify or renew their licenses. In addition, Novice Class operators would be eligible for examination  xLcredit for the telegraphy requirement for any license class. We seek comment on this proposal. We also  xseek comment on disposition of the designated Novice bands. Currently, other class licensees can operate  xwithin the Novice bands, but only at reduced power. Given the small number of new Novice licenses now  xbeing issued, if we were to discontinue licensing new Novices, would it be appropriate to delete the  xfrequency limitations on Novices and the power limitations on other classes of operators using the Novice  xfrequencies, so that Novices would continue to be limited to 200 watts output power but could operate using the Morse code anywhere within the 80, 40, 15 and 10 meter bands?   lx 13. The only difference between the Technician and Technician Plus Classes is that a Technician  S - xPlus operator has passed a five wordsF O yO-  L#X\  P6G;HP#эxA "word" consists of five characters. A punctuation mark is considered two characters. Additionally, spaces  {Os-must be used at the end of characters, words and sentences. See 47 C.F.R.  97.507(d).F per minute (wpm) telegraphy examination while a Technician  S - xClass operator has not.{ b O {O-#X\  P6G;HP#эxSee 47 C.F.R.  97.501(e).{ Both Technician and Technician Plus Class licensees predominantly use FM  xkvoice and digital packet technologies on the amateur VHF and UHF bands. Yet, the VEs are burdened  x]with preparing and administering telegraphy examinations, and the Commission is burdened with  xprocessing the resulting applications and revising the data base. We therefore propose that the Technician  xkPlus Class be phased out. Holders of an FCCissued Technician Class operator license granted before  x.March 21, 1987, have previously passed the written examination required to qualify for a General Class  S- x>operator license.@" O {O2-  #X\  P6G;HP#эxSee Report and Order, In the Matter of Amendment of the Amateur Radio Service Rules to Expand the  xPrivileges Available to Novice Class operators, PR Docket No. 86161, 2 FCC Rcd 727 (1987). That proceeding  xcontained a grandfathering clause, which we propose to continue here, extending examination credit for Elements 1(A), 2, 3(A) and 3(B) to any holder of a Technician Class operator license issued before March 21, 1987.@ Other Technician Plus Class operators could qualify for a General Class operator  xjlicense by passing written examination Element 3(B) which consists of thirty questions on the additional  xprivileges of a General Class operator license and the 13 or 20 wpm telegraphy examination. We seek comments on this proposal.  S-   S- B. Greater Volunteer Examiner Opportunities   x 14. Currently, an Advanced Class operator cannot prepare or administer a telegraphy examination  x\for an examinee for a General Class license. Only an Amateur Extra Class licensee can administer that",l(l(,,"  S- xexamination.{O {Oh-#X\  P6G;HP#эxSee 47 C.F.R.  97.507(a).{ The ARRL requested in RM9148 that the Amateur Radio Service rules be amended to  xpermit Advanced Class operators who are VEs to prepare and administer examinations for a General Class  S- xoperator license.ZO {O-#X\  P6G;HP#эxSee Petition for Rule Making, RM9148, filed by the ARRL on October 28, 1996, at 1. The ARRL argues that this is consistent with the Communications Act~O {O&-#X\  P6G;HP#эxSee 47 U.S.C.  154(f)(4)(A).~ and will help  Sg- xfulfill the need for more volunteer examiners.g~O yO -#X\  P6G;HP#эxARRL Petition for Rule Making, RM9148, at p. 5. We agree, and therefore propose to authorize Advanced  xClass operators to prepare and administer examinations for the General Class operator license. In addition,  xon our own motion, we propose to permit General Class operator licensees to prepare and administer  xkexaminations for Technician Class operator licenses. In all cases, examiners will be administering only  x=elements which they themselves have received credit for. These proposals will benefit potential amateur  x{service licensees by having additional volunteer examiners available for the examinations. We seek comment on these proposals.  S- C. RACES Station Licenses  Si -  P x15. The Radio Amateur Civil Emergency Service (RACES) is a radio service using amateur  S6 - x=stations for civil defense communications during periods of local, regional or national civil emergencies.}6 O {O-#X\  P6G;HP#эxSee 47 C.F.R.  97.3(a)(35).}  S - xNo new RACES station licenses have been granted since July 14, 1980. O {OC-#X\  P6G;HP#эxThird Report and Order, Docket No. 21135, 81 FCC 2d. 277 (1980). We discontinued issuing new  xRACES licenses in order to conserve Commission manpower and resources. At the time of that action, there were 611 RACES licenses. Currently, there are only 249 RACES licenses.  S7-  "x16. We propose to phase out RACES station licenses by not renewing them. In addition, we  S- xpropose to continue the status quo by not issuing any new RACES station licenses. By eliminating the  xRACES licenses, the Commission is taking a step which not only will conserve the Commission's financial  xresources, but will also eliminate licensing duplication. It should be emphasized that the same emergency  xcommunications that are now transmitted by RACES stations can continue to be transmitted by primary,  xclub or military recreation stations. Our rules permit two types of stations to operate as part of RACES:  x(1) a licensed RACES station, and (2) any amateur station that has been properly registered with a civil  S- xdefense organization.x2 O {O -#X\  P6G;HP#эxSee 47 C.F.R.  97.407.x Thus, to engage in RACES communications, it is not necessary to have a RACES license with a separate and distinct call sign. We invite comments on this proposal.  Sm-  S:- D. Privatization of Certain Enforcement Procedures  S-  Ax 17. Pursuant to the Communications Act, the Amateur Auxiliary is composed of amateur  x.operators who are recruited and trained by the Commission for the purpose of detecting, on a voluntary  xand uncompensated basis, improper radio transmissions, conveying such information to the Commission,  xand issuing advisory notices to persons who apparently have violated provisions of the Communications"; ,l(l(,,<"  S- xAct relating to amateur radio or who have violated any of the rules that govern the amateur radio service.~O {Oh-#X\  P6G;HP#эxSee 47 U.S.C.  154(f)(4)(B).~  xIn rule making petition RM9150, the ARRL states that amateur operators in the Amateur Auxiliary could  S- xbe used to a greater advantage.ZO yO-#X\  P6G;HP#эxSee Petition for Rule Making, RM9150, filed by ARRL on March 27, 1998, at 25. ĭ ARRL proposes rule changes to establish a private sector complaint  xprocedure that would permit the volunteers to bring complaints of malicious interference directly to the  S4- xChief Administrative Law Judge (CALJ).h4O {O-#X\  P6G;HP#эxId. at 19.h Upon receiving the complaint, the CALJ would determine  S- xwhether the evidence submitted establishes a prima facie case of malicious interference. If no such case  xMis made, the information submitted would be returned to the volunteer observer and no further action  S- xwould be taken. If a prima facie case is made, the matter would be assigned to an Administrative Law  Sj- xJudge (ALJ) for further proceedings, after issuance of an Order to Show Cause by the CALJ or an ALJ.hj|O {O -#X\  P6G;HP#эxId. at 20.h  xThe Wireless Telecommunications Bureau (Bureau) would be made a party and have responsibility for  x prosecuting the case. In support of its petition, ARRL states that the procedure it advocates would  ximprove and increase the quantity and quality of enforcement of the amateur rules and also expedite the  S -handling of malicious interference cases.h O {OM-#X\  P6G;HP#эxId. at 25.h  S9 -  "  x 18. We applaud the ARRL for its creative thinking about ways to improve the Commission's  xenforcement processes. Its specific proposal, however, appears to be inconsistent with the statutory  xprovisions governing the role of administrative law judges. Specifically, the assignment of duties to ALJs  xmust be consistent with their duties and responsibilities as they relate to conducting formal hearing  Sm- xzproceedings.g!mO {O-   #X\  P6G;HP#эxSee 5 U.S.C.  3105 (prohibiting assignments to ALJs inconsistent with their duties and responsibilities);  {Ow-5 U.S.C.  556 (duties of ALJs). See also 47 C.F.R.  0.151 (duties of FCC ALJs limited to hearing functions).g Accordingly, while we do not seek comment on ARRL's specific proposal, we do seek  xcomment, consistent with the ARRL's underlying concerns, on other ideas for improving our enforcement  xyprocesses as they relate to amateur radio. One possibility, for example, would be to encourage or require  xpersons bringing complaints of interference to the Commission to include a draft order to show cause to  xkinitiate a revocation or cease and desist hearing proceeding. We also request additional comments and  x>suggestions on how we could better utilize the services of the Amateur Auxiliary, consistent with its statutory basis.  S- E. Telegraphy Examination Requirements  So-   x 19. Currently, three telegraphy examination elements are prepared and administered by a team  S<- xjof three VEs"< O yO#-  #X\  P6G;HP#эxAt their most recent Conference in July, 1997, the VolunteerExaminer Coordinators ("VECs") estimated there are approximately 35,000 VEs. to examinees intending to obtain from the Commission an amateur operator license.y#<T O {O0&-#X\  P6G;HP#эxSee 47 C.F.R.  97. 501.y The  x1elements an examinee passes determines the class of operator license granted. In a telegraphy" #,l(l(,,"  xexamination, the VEs determine the examinee's level of skill in sending and receiving text in the  xinternational Morse code. Our rules delineate three levels of skill in telegraphy, based upon the rate at  x.which an examinee correctly receives a telegraphy message: five, thirteen and twenty wordsperminute  Sg-(wpm).x$gO {O-#X\  P6G;HP#эxSee 47 C.F.R.  97.503.x  S-  0x20. In the early days of amateur radio, radiotelegraphy was the primary communication mode of  xLall radio operators, including amateurs. Testing for knowledge of Morse code telegraphy was necessary  xto ensure that amateurs could recognize and stay away from Government and commercial stations as well  xjas stay clear of maritime distress messages. Today, radiotelegraphy is just one facet of many diverse  S5- xmodes of radiocommunication that require a technologically literate licensee.9%5ZO {O/ -  #X\  P6G;HP#эxSee Report and Order, In the Matter of Amendment of Part 97 of the Commission's Rules Concerning the Establishment of a Codeless Class of Amateur Operator License, PR Docket No. 9055, 5 FCC Rcd 7631 (1990).9 In 1990, in  xresponse to the sentiment of the amateur community, we established a codeless Technician Class operator  S- xlicense.k&O {O#-#X\  P6G;HP#эxId.. at 7633.k In so doing, we stated that the amateur service should attract technically inclined persons.j'FO {O-#X\  P6G;HP#эxId. at 7632.j We  xalso stated that we believed that telegraphers would be in less demand than electronics and  Si - x\communications experts.j(i O {O-#X\  P6G;HP#эxId. at 7632.j Therefore, we provided an entry level opportunity to otherwise qualified  S6 - xpersons who found that telegraphy was a barrier to pursuing the purposes of the amateur service.j)6 j O {O@-#X\  P6G;HP#эxId. at 7631.j Those  xjpurposes include encouragement and improvement of the amateur service by providing opportunities for  xLadvancing both communication and technical skills, and the expansion of the existing reservoir within the  S -amateur radio service of trained operators, technicians and electronics experts.v* O {O9-#X\  P6G;HP#эxSee 47 C.F.R.  97.1.v   "x21. The decreasing role of telegraphy as a communications mode also is demonstrated in our  S- ximplementation of the Global Maritime Distress and Safety System (GMDSS).t+Z O {O2-  {#X\  P6G;HP#эxSee Report and Order, In the Matter of Amendment of Parts 13 and 80 of the Commission's Rules to  x<Implement the Global Maritime Distress and Safety System (GMDSS) to Improve the Safety of Life at Sea, PR Docket No. 90480, 7 FCC Rcd 951 (1992).t In permitting GMDSS  xto replace the mandatory Morse code equipment and operator, we recognized industry movement to newer  xzand better technology for distress situations. The GMDSS relies on satellite and automated terrestrial  xcommunications systems for distress and safety communications. The Commission noted that by  xNincorporating these advanced communications techniques into the safety system, GMDSS would  S-significantly improve safety of life and property at sea throughout the world.i,O {OU%-#X\  P6G;HP#эxId. at 951.i  S-  x22. The international Radio Regulations (Radio Regulations) that apply to the Amateur Radio"B,,l(l(,,3"  xzService require that all amateurs licensed to operate below 30 MHz demonstrate their ability "to send  S- xcorrectly by hand and to receive correctly by ear, texts in Morse code signals." The Radio Regulations  xzdo not specify any particular speed. We note that the 1995 World Radiocommunications Conference  x(WRC95) resolved that Article S25, which includes the international amateur code requirement, be  xyconsidered at the 1999 WRC. Subsequently, this consideration was delayed to the WRC scheduled to be  S-held in 2001.-O {Oj-#X\  P6G;HP#эxSee Resolution 722 (WRC97), Preliminary Agenda item 2.2.   x23. In preparation for consideration of the code requirement at a future WRC, the ARRL surveyed  xamateur licensees, both members and nonmembers, to determine their attitudes on the Morse code  xrequirement. Some 63 percent of ARRL members agreed that "[f]or the foreseeable future, it is important  xyto retain the Morse code requirement in the international regulations," while 30 percent agreed that "[t]he  xMorse code requirement for amateur radio licensing is no longer relevant, in the international regulations."  x^Among all amateurs, members and nonmembers, 57 percent favored retaining the Morse code  xrequirement, while 35 percent regarded it as not relevant. Among ARRL members that addressed what  xthe code speed requirement should be for full amateur privileges (Amateur Extra Class), 41 percent  xfavored a requirement in the 1013 wpm range, versus a minority of 32 percent who favored the current  S - x20 wpm requirement.. ZO yO-#X\  P6G;HP#эxAs reported in QST, February, 1997, at pp. 5557. Based in part on these survey results, an ARRL committee proposed to reduce  xthe General Class code speed requirement from 13 to 10 wpm, and for all code examinations to specify  Sk-one out of five minutes of copy.{/kO yO-#X\  P6G;HP#эxQST, March 1997 at pp. 5557.{   x24. In view of changes in the technologies that amateurs use to communicate generally, and  x\views with regard to the Morse code requirement specifically, we seek comment on all aspects of the  xMorse code standards used in our examinations. Do the three levels of 5, 13, and 20 wpm remain relevant  x.to today's communications practices? Should we continue to have three different levels, or should these  xbe reduced to one or two and, if so, what should be the required speeds? Were we to reduce the  xrequired Morse code elements, should we add elements to the written examination to ensure a working  x[knowledge of the newer digital technologies which, in part, are replacing the Morse code? Or, should we  xzconsider specifying the method of examining for Morse code proficiency, such as requiring fillinthe xLblank or copying one out of five minutes sent, instead of allowing VEs to determine how to test for code  S:-speed? We request comment on these and any other issues related to our code speed requirements.    x25. Additionally, in RM9196, the ARRL requests amendment of the amateur rules which allow  S- xtelegraphy examination credit for the higher telegraphy speeds to examinees with a disability.0zO {O -#X\  P6G;HP#эxSee Petition for Rule Making, RM9196, filed by ARRL on September 23, 1997.  xSpecifically, the ARRL requests that the examinee be required to attempt the higherspeed telegraphy  xexamination before examination credit is given pursuant to a doctor's certification. In addition, the ARRL  x[requests that volunteerexaminer coordinators (VECs) be authorized to request medical information from  xLthe certifying physician pertaining to the examinee's disability. It should be noted that these issues only  xremain relevant if we retain the higher telegraphy speeds requirement, since if the requirement were  xzeliminated, a person with a disability would not have to apply for examination credit. We tentatively  xconclude that, if we do maintain the requirement, neither of these proposals is an appropriate means to  xaddress potential abuses of the physician certification requirement. We believe that these proposals place" 0,l(l(,,d#"  xan unfair burden on examinees with disabilities, and raise serious privacy and confidentiality concerns.  S-We seek comment on ARRL's proposal and our tentative conclusion.  Sg- F. Written Examinations  S-   x26. In addition, a written examination is prepared and administered to each applicant for an  x/amateur operator license in order to demonstrate to the Commission that the examinee possesses the  xMoperational and technical qualifications required to perform properly the duties of an amateur service  Sh- xoperator licensee.1hO {O-#X\  P6G;HP#эxSee generally 47 C.F.R.  97.503. The written examination for each license class currently specifies ten general topics2hZO yOb -  #X\  P6G;HP#эxThe ten topics are: (1) FCC rules for the amateur radio services; (2) Amateur station operating procedures;  x(3) Radio wave propagation characteristics of amateur service frequency bands; (4) Amateur radio practices; (5)  xElectrical principles as applied to amateur station equipment; (6) Amateur station equipment circuit components; (7)  xYPractical circuits employed in amateur station equipment; (8) Signals and emissions transmitted by amateur stations;  x,(9) Amateur station antennas and feed lines; and (10) Radiofrequency environmental safety practices at an amateur station.  x/and the number of questions for each topic that must be asked in an examination. A uniform national  x[database of multiplechoice questions and answers is approved by the National Conference of VECs and  xis periodically updated on a regular basis so that all publishers and applicants have access to current  xmaterials. This is accomplished on a purely voluntary basis, without formal Commission involvement.  x Determining the components of written examinations was carried over into the VE system from those  S6 - xcomponents used when the Commission previously prepared and administered the examinations.36 O {O-  #X\  P6G;HP#эxSee Use of Volunteers to Prepare and Administer Operator Examinations in the Amateur Radio Service, PR  {Or- xDocket No. 8327, Report and Order, 54 Rad. Reg. (P&F) 2d 1068 (1983). See also Use of Volunteers to Prepare  {O<- xand Administer Operator Examinations in the Amateur Radio Service, PR Docket No. 8327, Memorandum Opinion  {O- xJand Order, 49 Fed. Reg. 30313 (July 30, 1984); Permitting VolunteerExaminer Coordinators to Maintain Pools of  {O-Questions for Amateur Operator Examinations, Report and Order, 51 Fed. Reg. 30645 (Aug. 28, 1986). In  xlight of the fact that written examinations now have been prepared and administered under the VE system  xfor over a decade, we seek comment on whether the written examination requirements should be modified  x1to provide VEs and VECs additional flexibility in determining the specific contents of written  x|examinations, on the specifics of what such flexibility should entail, and on the advantages and disadvantages to providing such flexibility.  S-  S-  | x27. Specifically, we ask commenters to address whether the general topics set forth in Section  x97.503 of the Commission's Rules adequately cover the significant categories of information relevant to  xdetermining whether an applicant has the requisite operational and technical qualifications to become an  xamateur licensee. For example, does the current list of topics adequately cover current technology and  xcontemporary amateur operating practices? For those commenters who suggest addition or deletion of  xgeneral topics, we ask them to include the rationale underlying such proposals. In addition, we ask  xcommenters to discuss whether the required number of questions from each general topic should continue  xto be established by rule. For those commenters who suggest altering the number of questions, we ask  xthat they discuss alternative numbers or percentages and the reasons therefor. We are particularly  x]interested in comments from VEs and VECs regarding any changes they would recommend, either  xindividually or collectively, in the written examination requirements on the amateur community generally,  xas well as on the amateur examination process specifically, including how, if at all, they will affect the  xintegrity of the examination and licensing process. For instance, we seek specific comment from VEs and"m 3,l(l(,,"  xVECs regarding how modifications to the written examination requirements would affect their ability to  S-conduct examinations in an effective, efficient and expeditious manner.   xx  0 G. Disposition of Rule Making Petitions  S-   x28. We have also received petitions for rule making filed by various individuals, summarized  xybelow, requesting changes to the amateur rules. The petitions concern matters on which the Commission  xhas already taken action. In the interest of administrative efficiency, we have included such petitions in  Sh- xthis proceeding because in all cases they do not warrant the issuance of a Notice of Proposed Rule Making  xand the commencement of a separate proceeding. Therefore, no rule making (RM) numbers will be  xassigned to these petitions. The petitioners in these cases have not presented sufficient evidence to justify altering the current operator privileges, requirements or structure of the Amateur Radio Service.   |x29. Mr. Spencer Ritchie petitioned for a change in frequency privileges in the 75 and 80 meter  S7 - xsubbands for Amateur Extra Class licensees.47 O yO -#X\  P6G;HP#эxPetition for Rule Making filed August 6, 1996. In his petition, Mr. Howard Kraus requested that Qsignal  S - xsuffixes, such as QRP and QST, be made available to amateur stations.5 XO yO-#X\  P6G;HP#эxPetition for Rule Making filed November 27, 1995. His particular interest was to use  xa Qsignal that indicated a decrease in transmitter power so as to publicize the fact that a certain radio club  xpromoted lowpower operation. A petition filed by Mr. Henry Ruh requested that the current examination  x=system for an amateur radio license be changed from one that is based on memorization of questions and  S8-answers to one that is based on experiential operation of an actual amateur station.68O yO-#X\  P6G;HP#эxPetition for Rule Making filed November 4, 1996.   ]x30. A petition for rule change, filed by Mr. William Houlne, called for the creation of subbands  x.in the 160 meter band between 1.9 MHz and 2.0 MHz, and in the 80 meter band between 3.6 MHz and  Sl- x3.7 MHz for use by holders of Technician Plus licenses.7lxO yO-#X\  P6G;HP#эxPetition for Rule Making filed November 10, 1997. A petition filed by Mr. Rod Wheeler  xrequested that the rules be amended to include new standards that repeaters would be required to meet and  S-that these standards be used by frequency coordinators.8O yO-#X\  P6G;HP#эxPetition for Rule Making filed September 30, 1996.   1x31. All of the petitions discussed in the foregoing paragraphs concern licensing requirements,  xjoperator frequency privileges or seek a restructuring of the amateur license classes. The current operator  xfrequency privileges, structure of the license classes and the requirements for obtaining an amateur license  xwere developed in accordance with the expressed desires of the amateur community to provide motivation  xNfor amateur operators to advance their communication and technical skills. We do not believe that  xsufficient evidence has been presented to justify altering the current requirements which are in accordance  xwith the basis and purpose of the Amateur Radio Service in the United States. Therefore, we will dismiss these repetitive petitions.  S- V. CONCLUSION ă "o 8,l(l(,,!"Ԍ  1x32. In view of the foregoing, we propose: (1) to phase out the Novice Class operator license  x(current licensees grandfathered) and the Technician Plus operator license; (2) to authorize Advanced Class  xoperators to prepare and administer examinations for the General Class operator license; and (3) to sunset  x?RACES station licenses by not issuing any license renewals. We invite comments of the amateur  xcommunity with respect to improving our enforcement processes as they relate to amateur radio. We also  xinvite comments regarding the specific telegraphy speed requirements for the various license classes,  xand on ways to streamline and improve the operator examinations. The views of interested parties on these  xproposals are invited. The proposed rules which are appended hereto are intended to simplify and  Sh-streamline the regulations that govern the Amateur Radio Service.9XhO yO-  #X\  P6G;HP#эxWe propose to clarify, in the table in Section 97.13(c)(1), that power means Peak Envelope Power (PEP)  xwinput to the antenna. We also propose to clarify, in Section 97.17(e)(4), that the amateur operator/primary station license referred to is issued by the Commission.  S- x` `  VI. PROCEDURAL MATTERS Ex Parte Rules PermitButDisclose Proceeding  S -  ox  33. This is a permitbutdisclose notice and comment rule making proceeding. Ex parte  S - &presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as  S -provided in the Commission's Rules.  See generally  47 C.F.R.  1.1202, 1.1203, and 1.1206(a).  S9- Regulatory Flexibility Act  S- (# !34. We certify that the Regulatory Flexibility Act:O {O[-  #X\  P6G;HP#эxSee the Contract with America Advancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (1996), which amended the Regulatory Flexibility Act. does not apply to this rule making proceeding  &because, if the proposed rule amendments are promulgated, there will not be a significant economic impact  &!on a substantial number of small business entities, as defined in Section 601(3) of the Regulatory  &Flexibility Act. The amateur stations that are the subject of this proceeding would not be authorized to transmit any communications where the station licensee or control operator has a pecuniary interest.  S- Comment Date  S;- (#! "35. Pursuant to Sections 1.415 and 1.419 of the Commission's Rules, 47 C.F.R.  1.415, 1.419,  S- &interested parties may file comments on or before December 1, 1998 and reply comments on or before  S- &6$ January 15, 1999. Comments may be filed using the Commission's Electronic Filing System (ECFS)  S- &or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg.  Sp-24, 121 (1998).   S - (#w   #36. Comments filed through the ECFS can be sent as an electronic file via the Internet  S- &to. Generally, only one copy of an electronic submission must be  &filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however,  &commenters must transmit one electronic copy of the comments to each docket or rulemaking number  &referenced in the caption. In completing the transmittal screen, commenters should include their full  S - &xname, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also  S - &Ysubmit an electronic comment by Internet email. To get filing instructions for email comments," B:,l(l(,,'$"  &commenters should send an email to ecfs@fcc.gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply.  S-   Sg- (#1  $37. Parties who choose to file by paper must file an original and four copies of each filing. If  &Lmore than one docket or rulemaking number appears in the caption of this proceeding, commenters must  &submit two additional copies for each additional docket or rulemaking number. All filings must be sent  &to the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 1919 M St., N. W., Room 222, Washington, D. C. 20554.  S5- (#  %38. Parties who choose to file by paper should also submit their comments on diskette. These  &/diskettes should be submitted to: MJDePont, Public Safety and Private Wireless Division, Wireless  & Telecommunications Bureau, Room 8332, 2025 M Street, N. W., Washington, D. C. 20554. Such a  &submission should be on a 3.5 inch diskette formatted in an IBM compatible format using WordPerfect  &5.1 for Windows or compatible software. The diskette should be accompanied by a cover letter and  &should be submitted in "read only" mode. The diskette should be clearly labelled with the commenter's  &name, proceeding (including the lead docket number in this case, WT Docket No. 98143), type of  & pleading (comment or reply comment), date of submission, and the name of the electronic file on the  &diskette. The label should also include the following phrase "Disk Copy Not an Original." Each diskette  &.should contain only one party's pleadings, preferably in a single electronic file. In addition, commenters  &must send diskette copies to the Commission's copy contractor, International Transcription Services, Inc., 1231 20th Street, N. W., Washington, D. C. 20037.  S-  S- (# &39. Alternative formats (computer diskette, large print, audio cassette and Braille) are available  &Lto persons with disabilities by contacting Martha Contee at (202) 4180260, TTY (202) 4182555, or at  S8-mcontee@fcc.gov. This Notice can also be downloaded at: http://www.fcc.gov/dtf/  S-TT VII. ORDERING CLAUSES ă  (#!'40. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and (j), 303(r), and 403 of the  &Communications Act of 1934, as amended, 47 U.S.C.  154(i) and (j), 303(r) and 403, notice is hereby  &Lgiven of the proposed amendments to Part 97 of the Commission's Rules, 47 C.F.R. Part 97, set forth in  S- &the Appendix hereto, in accordance with the proposals, discussions, and statement of issues in this Notice  So-of Proposed Rule Making. Comments are sought on these proposals.  S - (#!(41. IT IS FURTHER ORDERED, that, in accordance with the reasons given herein, rule making petitions RM9148 and RM9150 ARE GRANTED to the extent indicated herein.  Sq- (#)42. IT IS FURTHER ORDERED, that, in accordance with the reasons set forth above, the rule  &making petitions filed by Spencer Ritchie, Howard Krause, Henry Ruh, William Houlne, and Rod Wheeler ARE HEREBY DISMISSED  S!- (#*43. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference  Sr"- &Operations Division, SHALL SEND a copy of this Notice of Proposed Rule Making, including the  &@Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration.  S$-  "A' :,l(l(,,+"ԌFurther Information  S- (#O +44. For further information, contact Maurice J. DePont, mdepont@fcc.gov, Policy and Rules  &kBranch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, (202) 4180690, or call (202) 4187233 TTY. ` `  ,hh^FEDERAL COMMUNICATIONS COMMISSION ` `  ,hh^Magalie Roman Salas ` `  ,hh^Secretary Attachment: Appendix " :,l(l(,, "  S-#&a\  P6G;&P# APPENDIX  S-  (#|Part 97 of Chapter I of Title 47 of the Code of Federal Regulations is proposed to be amended as follows:  S- Part 97 Amateur Radio Service  Sh- 1. The authority citation for Part 97 continues to read as follows:  S- (# Authority citation: 48 Stat. 1066, 1082, as amended; 47 U.S.C.  154, 303. Interpret or  &7#apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C.  151155, 301609, unless otherwise noted.   S6 - 2. Section 97.9 is revised to read as follows:  S -  97.9 Operator license.  (#1(a) The classes of amateur operator licenses are: Novice, Technician, 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, 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. 3. Section 97.13 is revised to read as follows:  S-  S- 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  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  97.121 of this Part. Geographical coordinates of the facilities that require protection are listed in  0.121(c) of the FCC Rules.  (#N(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  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  1.1307(b) of this chapter, if the power of the licensee's station exceeds the limits given in the following table: "p&:,l(l(,,0*" O ddx !dd$<< O  B R     a< f #|\  P6G;hʼP#Wavelength Band ă8  a!<#|\  P6G;hʼP# Evaluation Required if  a<Power* (watts) Exceeds:#|\  P6G;hʼP# B R~AQ    a< 6MF ă~AQ~ g  " f pD5 f 160 mc">500~ ^AQ w " a<pD IHF ă^AQN c wh  o f 80 m h">500N N  hh  o f 75 m] h">500N N   hh  o f 40 m h">500N N ]  hh  o f 30 m h">425N N   hh  o f 20 mGh">225N N   hh  o f 17 mh">125N N G hh  o f 15 mh">100N N  hh  o f 12 m1h"B75N ^  hw  o f 10 mw"B50^ B 1 w " a< f +  VHF (all bands) -"JzB50B ^AQ w " aa<pD UHF ă^AQN - wh  < f 70 cmh"B70N N  hh  < f 33 cm'h">150N N  hh  < f 23 cmuh">200N ^ ' hw  < f 13 cmw">250^ B u w " a'< f pD= f SHF (all bands) ăq"Jz>250B ~B   " a< f 2  EHF (all bands) "Jz>250~B B q  " a#< f  f   a <#|\  P6G;hʼP#Repeater stations (all bands) #|\  P6G;hʼP#i!" X#-Jz`#Xj\  P6G; XP#nonbuildingmounted antennas: height above ground level to lowest point of  X -antenna < 10 m and power > 500 W ERP  X!-buildingmounted antennas:  X"-power > 500 W ERP # |\  P6G;hʼP#B  S#- (# #&a\  P6G;&P#* Power = PEP input to antenna except, for repeater stations only, power exclusion is based on ERP (effective radiated power).  (#(2) If the routine environmental evaluation indicates that the RF electromagnetic fields could  &exceed the limits contained in  1.1310 of this chapter in accessible areas, the licensee must take action"&:,l(l(,,)*!"  &!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 Number 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields."  Sg-  S4- (# 4. Section 97.17 is amended by adding a new paragraph (c) and redesignating paragraphs (c) (d) (e) (f) and (g) as paragraphs (d) (e) (f) (g) and (h).  S-  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 Technician, General, Advanced or Amateur Extra Class operator/primary station license;  S -(2) FCC Form 610A for a reciprocal permit for alien amateur licensee; and (3) FCC Form 610B for a new amateur service club or military recreation station license.  (#(c) No application for a new Novice or Techncian Plus Class operator/primary station license will be accepted for filing.  (#m(d) Each application for a new operator/primary station license must be submitted to the VEs administering the qualifying examination.  S- (#n(e) Any eligible person may apply for a reciprocal permit for alien amateur licensee. The  &application document, FCC Form 610A, must be submitted to the FCC, 1270 Fairfield Road, Gettysburg, PA 173257245.  (#(1) The person must be a citizen of a country with which the United States has arrangements to  &lgrant reciprocal operating permits to visiting alien amateur operators and be eligible to apply for a  S-reciprocal permit for alien amateur licensee. (2) The person must be a citizen of the same country that issued the amateur service license.  (#(3) A United States citizen, regardless of any other citizenship also held, is not eligible to apply  S-for a reciprocal permit for alien amateur licensee.  (#(4) No person who has been granted by the FCC an amateur operator/primary station license is  S -eligible for a reciprocal permit for alien amateur licensee.  (#(f) No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to  St"-obtain, an amateur service license or reciprocal permit for alien amateur licensee by fraudulent means.  S$- (# (g) 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.  (#m(h) Each application for a new club or military recreation station license must be submitted to  &the FCC, 1270 Fairfield Road, Gettysburg, PA 173257245. No new license for a RACES station will"C':,l(l(,,+*!" be issued. 5. Section 97.21 is revised to read as follows:  S4-  97.21 Application for a modified or renewed license.  S- (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 173257245. For an operator/primary  &ystation license, the application must be made on FCC Form 610. For a club or military recreation station license, the application must be made on FCC Form 610B.  (#](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 a new term. Application for renewal of a Technician  &Plus Class operator/primary station license will be processed as an application for renewal of a Technician Class operator/primary station license.  (##(i) When the license does not show a call sign selected by the vanity call sign system, the  &]application must be made on FCC Form 610. For a club or military recreation station license, the  &application may be made on FCC Form 610B. The application may be submitted no more than 90 days  &.before its expiration to: FCC, 1270 Fairfield Road, Gettysburg, PA 173257245. 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. No application for renewal of a RACES station license will be granted.  S- (#^ (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  &ysequential call sign system. The application document must be submitted to: FCC, 1270 Fairfield Road,  &Gettysburg, PA 173257245. 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 primary, club or military recreation 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 173257245 prior to the end of the grace period. For an operator/primary station license,  &kthe application must be made on FCC Form 610. For a club or military recreation station license, the  &application must be made on FCC Form 610B. 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"=':,l(l(,,+*!" 610R 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 the station license.  S- (#(e) A reciprocal permit for alien amateur licensee cannot be renewed. A new reciprocal permit  S-for alien amateur licensee may be issued upon proper application.  Sj-6. Section 97.301 is revised to read as follows:  S-  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 authority other than the FCC.  (#Q(a) For a station having a control operator who has been granted an operator license of Technician, General, Advanced or Amateur Extra Class:  S9-Wavelength ` ` ITU ,ITUhh^ITUppSharing requirements  S- band ` `  Region 1hh^Region 2Region 3 &See  97.303,  S- ppParagraph:  S- VHF` `  MHz hh^MHzMHz  Sm- 6 m ` `  --- hh^50-5450-54 &(a)  S:- 2 m ` `  144-146hh^144-148144-148&(a)  S- 1.25 m ` `  --- hh^219-220--- &(a), (e)  S- Do ` `  --- hh^222-225 --- &(a)  Sn- UHF ` ` MHz ,MHzhh^MHz  S;- 70 cm ` `  430-440 hh^420-450420-450&(a), (b), (f)  S- 33 cm ` `  --- hh^902-928---pp&(a), (b), (g)  S- 23 cm` ` 1240-1300,1240-13001240-1300 pp(j)  S- 13 cm ` `  2300-2310hh^2300-23102300-2310&(a), (b), (j)  So- -Do- ` `  2390-2450hh^2390-24502390-2450&(a), (b), (j)  S - SHF ` `  GHz hh^GHzGHz  S- 9 cm ` `  --- hh^3.3-3.5 3.3-3.5pp(a), (b), (k), (l)  S- 5 cm ` `  5.650-5.850hh^5.650-5.9255.650-5.850&(a), (b), (m)  Sp- 3 cm ` `  10.00-10.50hh^10.00-10.5010.00-10.50&(b), (c), (i), (n)  S=- 1.2 cm ` `  24.00-24.25hh^24.00-24.2524.00-24.25&(a), (b), (i), (o)  S - EHF ` `  GHz,hh^GHzGHz  S!- 6 mm ` `  47.0-47.2hh^47.0-47.247.0-47.2  Sq"- 4 mm ` `  75.5-81.0hh^75.5-81.075.5-81.0&(b), (c), (h)  S>#- 2.5 mm ` `  119.98-120.02 119.98-120.02 119.98-120.02 (k), (p)  S $- 2 mm ` `  142-149 hh^142-149142-149&(b), (c), (h), (k)  S$- 1 mm ` `  241-250hh^241-250241-250&(b), (c), (h), (q)  S%- --- ` `  above 300hh^above 300above 300&(k)  (#(b) For a station having a control operator who has been granted an operator license of Amateur"?':,l(l(,,+*!" Extra Class:  S-Wavelength ` ` ITU ,ITUhh^ITUppSharing requirements  Sg- band ` `  Region 1hh^Region 2Region 3&See  97.303,  S4- ppParagraph:  S- MF ` `  kHz ,hh^kHzkHz  S-160 m ` `  1810-1850hh^1800-20001800-2000&(a), (b), (c)  Sh- HF ` `  MHz,hh^MHzMHz  S5- 80 m ` `  3.50-3.75hh^3.50-3.753.50-3.75 &(a)  S- 75 m ` `  3.75-3.80hh^3.75-4.003.75-3.90 &(a)  S- 40 m ` `  7.0-7.1,7.0-7.3hh^7.0-7.1(a)  S - 30 m ` `  10.10-10.15hh^10.10-10.1510.10-10.15&(d)  Si - 20 m ` `  14.00-14.35hh^14.00-14.3514.00-14.35  S6 - 17 m ` `  18.068-18.168 18.068-18.168 18.068-18.168  S - 15 m ` `  21.00-21.45hh^21.00-21.4521.00-21.45  S - 12 m ` `  24.89-24.99hh^24.89-24.9924.89-24.99  S - 10 m ` `  28.0-29.7hh^28.0-29.728.0-29.7  (#N(c) For a station having a control operator who has been granted an operator license of Advanced Class:  S-Wavelength ` ` ITU ,ITUhh^ITUppSharing requirements  Sk- band ` `  Region 1hh^Region 2Region 3&See  97.303,  S8- ppParagraph:  S- MF ` `  kHz hh^kHz kHz  S-160 m ` `  1810-1850hh^1800-20001800-2000&(a), (b), (c)  Sl- HF ` `  MHz,hh^MHzMHz  S9- 80 m ` `  3.525-3.750 hh^3.525-3.7503.525-3.750&(a)  S- 75 m ` `  3.775-3.800hh^3.775-4.0003.775-3.900&(a)  S- 40 m ` `  7.025-7.100hh^7.025-7.3007.025-7.100&(a)  S- 30 m ` `  10.10-10.15hh^10.10-10.1510.10-10.15&(d)  Sm- 20 m ` `  14.025-14.150 14.025-14.150 14.025-14.150  S:- -Do- ` `  14.175-14.350 14.175-14.350 14.175-14.350  S- 17 m ` `  18.068-18.168 18.068-18.168 18.068-18.168  S- 15 m ` `  21.025-21.200 21.025-21.200 21.025-21.200  S- -Do- ` `  21.225-21.450 21.025-21.450 21.025-21.450  Sn- 12 m ` `  24.89-24.99hh^24.89-24.9924.89-24.99  S;- 10 m ` `  28.0-29.7hh^28.0-29.728.0-29.7  (#(d) For a station having a control operator who has been granted an operator license of General Class:  S<#-Wavelength ` ` ITU ,ITUhh^ITUppSharing requirements  S $- band Region 1 Region 2 Region 3 ppSee  97.303,  S$- ppParagraph:  S%- MF ` `  kHz,hh^kHzkHz  Sp&-160 m ` `  1810-1850hh^1800-20001800-2000 &(a), (b), (c) "=':,l(l(,,+*!"Ԍ S- HF ` `  MHz,hh^MHzMHz  S- 80 m ` `  3.525-3.750hh^3.525-3.7503.525-3.750&(a)  S- 75 m ` `  --- hh^3.85-4.003.85-3.90&(a)  Sg- 40 m ` `  7.025-7.100hh^7.025-7.1507.025-7.100&(a)  S4- -Do- ` `  --- hh^7.225-7.300 --- &(a)  S- 30 m ` `  10.10-10.15hh^10.10-10.1510.10-10.15&(d)  S- 20 m ` `  14.025-14.150 14.025-14.150 14.025-14.150  S- -Do- ` `  14.225-14.350 14.225-14.350 14.225-14.350  Sh- 17 m ` `  18.068-18.168 18.068-18.168 18.068-18.168  S5- 15 m ` `  21.025-21.200 21.025-21.200 21.025-21.200  S- -Do- ` `  21.30-21.45hh^21.30-21.4521.30-21.45  S- 12 m ` `  24.89-24.99hh^24.89-24.9924.89-24.99  S - 10 m ` `  28.0-29.7hh^28.0-29.728.0-29.7  Si -  (#|(e) For a station having a control operator who has been granted an operator license of Novice  &Class or Technician Class and who has received credit for proficiency in telegraphy in accordance with the international requirements:  Sj-Wavelength ` ` ITU ,ITUhh^ITUppSharing requirements  S7- band ` `  Region 1hh^Region 2Region 3&See  97.303,  S- ppParagraph:  S- HF ` `  MHz,hh^MHzMHz  S- 80 m ` `  3.675-3.725hh^3.675-3.7253.675-3.725 (a)  Sk- 40 m ` `  7.050-7.075hh^7.10-7.157.050-7.075 (a)  S8- 15 m ` `  21.10-21.20hh^21.10-21.2021.10-21.20  S- 10 m ` `  28.10-28.50hh^28.10-28.5028.10-28.50  S- VHF ` ` MHz ,MHzhh^MHz  Sl- 1.25 m ` `  ---,hh^222-225--- &(a)  S- UHF ` ` MHz  MHz MHz  S- 23 cm ` `  1270-1295hh^1270-12951270-1295 (h) (i) 7. Section 97.305 is revised to read as follows:  S-  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  97.307(f) of this Part.  S%-Wavelength ` ` Frequencies hh^Emission types &  Sp&- band ,authorized ppSee  97.307(f),  S='- ppParagraph:"=':,l(l(,,+*!"Ԍ S- MF  S-160 m` ` Entire band ,Phone, image  pp(1) (2)  S--Do- ` ` -Do- ,RTTY, data (3) (9) xx  S4- HF  S- 80 m ` ` Entire band ,RTTY, data  pp(3), (9)  S- 75 m ` ` Entire band ,Phone, image  pp(1), (2)  S- 40 m ` ` 7.000-7.100 MHz hh^RTTY, data . pp(3), (9)  Sh- -Do- ` ` 7.075-7.100 MHz hh^Phone, image pp(1), (2), (9), (11)  S5- -Do- ` ` 7.100-7.150 MHz hh^RTTY, data pp(3) (9)  S- -Do- ` ` 7.150-7.300 MHz hh^Phone, image pp(1), (2)  S- 30 m ` ` Entire band ,hh^RTTY, data pp (3), (9)  S - 20 m ` ` 14.02514.150 MHz hh^RTTY, data  pp(3), (9)  Si - -Do- ` ` 14.175-14.350 MHz hh^Phone, image . pp(1), (2)  S6 - 17 m ` ` 18.068-18.110 MHz hh^RTTY, data . pp(3), (9)  S - -Do- ` ` 18.110-18.168 MHz hh^Phone, image  pp(1), (2)  S - 15 m ` ` 21.02521.200 MHz hh^RTTY, data  pp(3), (9)  S - -Do- ` ` 21.225-21.450 MHz hh^Phone, image pp(1), (2)  Sj- 12 m ` ` 24.89-24.93 MHz hh^RTTY, image pp(3), (9)  S7- -Do- ` ` 24.93-24.99 MHz hh^Phone, image pp(1), (2)  S- 10 m ` ` 28.0-28.3 MHz hh^RTTY, data  pp(4), (9)  S- -Do- ` ` 28.3-28.5 MHz hh^Phone, image pp(1), (2), (10)  S- -Do- ` ` 28.5-29.0 MHz hh^Phone, image . pp(1), (2)  Sk- -Do- ` ` 29.0-29.7 MHz hh^Phone, image pp(2), (14) ":,l(l(,,*!"  S- VHF  S- 6 m ` ` 50.1-51.0 MHz hh^RTTY, data  S-  ,hh^MCW, phone, image pp(2), (5)  Sg- -Do- ` ` 51.0-54.0 MHz hh^RTTY, data, test  S4-  ,hh^MCW, phone, image .pp(2),  S- 2 m ` ` 144.1-148.0 MHz hh^RTTY, data, test  S-  ,hh^MCW, phone, image pp(2), (5), (8)  S- 1.25 m ` ` 219220 MHz hh^Data pp(2)  Sh- Do ` ` 222225 MHz hh^RTTY, data, test  S5-  ,hh^MCW, phone, image pp(2), (6), (8)  S- UHF  S- 70 cm ` ` Entire band ,MCW, phone, image, RTTY,  S -  ,data, SS, test  pp(6), (8)  Si - 33 cm ` ` Entire band ,MCW, phone, image, RTTY,  S6 -  ,data, SS, test, pulse  pp(7), (8), (12)  S - 23 cm ` ` Entire band ,MCW, phone, image, RTTY,  S -  ,data, SS, test pp(7), (8), (12)  S - 13 cm ` ` Entire band ,MCW, phone, image, RTTY,  Sj-  ,data, SS, test, pulse  pp(7), (8), (12)  S- SHF  S- 9 cm ` ` Entire band ,MCW, phone, image, RTTY,  Sk-  ,data, SS, test, pulse  pp(7), (8), (12)  S8- 5 cm ` ` Entire band ,MCW, phone, image, RTTY,  S-  ,data, SS, test, pulse  pp(7), (8), (12)  S- 3 cm ` ` Entire band ,MCW, phone, image,  S-  ,RTTY, data, SS, test . pp(7), (8), (12)  Sl- 1.2 cm ` ` Entire band ,MCW, phone, image, RTTY,  S9-  ,data, SS, test, pulse  pp(7), (8), (12)  S- EHF  S- 6 mm ` ` Entire band ,MCW, phone, image, RTTY,  Sm-  ,data, SS, test, pulse pp(7), (8), (12)  S:- 4 mm ` ` Entire band ,MCW, phone, image, RTTY,  S-  ,data, SS, test, pulse  pp(7), (8), (12)  S- 2.5 mm ` ` Entire band ,MCW, phone, image, RTTY,  S-  ,data, SS, test, pulse  pp(7), (8), (12)  Sn- 2 mm ` ` Entire band ,MCW, phone, image, RTTY,  S;-  ,data, SS, test, pulse pp(7), (8), (12)  S - 1 mm ` ` Entire band ,MCW, phone, image, RTTY,  S -  ,data, SS, test, pulse pp(7), (8), (12)  S!- --- ` ` Above 300 ,MCW, phone, image, RTTY,  So"- GHZ,data, SS, test, pulse  pp(7), (8), (12) 8. Section 97.307 (f)(9) and (10) are revised to read as follows:  S%-  97.307 Emission standards. * * * * *"=':,l(l(,,+*!"Ԍ(f) * * *  (#(9) A station having a control operator holding a Novice Class operator license may transmit only messages sent by hand using emission type CW.  (#n(10) A station having a control operator holding a Novice Class operator license may only transmit emission type CW using the international Morse code or phone emissions J3E and R3E. * * * * *  S5-  9. Section 97.311(d) (1) is revised to read as follows:  S- 97.311 SS emission types. * * * * * (d) * * * (1) Only the following sets of connections may be used:  S7- Number of stages Taps used  S- in shift register in feedback  S- 7 ` `  , 7, 1  Sk- 13 ` `  ,13, 4, 3, 1  S8- 19 ` `  , 19, 5, 2, 1 * * * * * 10. Section 97.313 is revised to read as follows:  S-  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 30 meter band; (2) On the 160 through 10 meter bands when the control operator is a Novice 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 holds a Novice Class operator license.  (#@(e) No station may transmit with a transmitter power exceeding 5 W PEP on the UHF 23 cm band when the control operator holds a Novice Class operator license."=':,l(l(,,+*!"Ԍ (#ԙ(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  2.106 of this Part, unless expressly authorized by the  &jFCC after mutual agreement, on a case-by-case basis, between the EIC of the applicable field facility and  &jthe 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  &Ltransmitting 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 100.  (#|(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  S- &portions of Texas and New Mexico bounded on the south by latitude 31o 41' North, on the east by  S - &longitude 104o 11' West, on the north by latitude 34o 30' North, and on the west by longitude 107o 30' West.  (#l(h) No station may transmit with a transmitter power exceeding 50 W PEP on the 219220 MHz segment of the 1.25 m band. 11. Section 97.407(b) is revised to read as follows:  S-  97.407 Radio Amateur Civil Emergency Service. * * * * *  S8- (#(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 frequency segments: ":,l(l(,,|*!" J !dd$<< Addx<< J B u     f Wavelength bandB zFrequency segmentu U  h   S-MFh U U B hh  160 mh 1800-1825 kHzU U  hh   St-ĩDoAh 1975-2000 kHzU U  hh   S-HFh U U A hh  80 mh 3.50-3.55 MHzU U  hh  75 m@ h 3.93-3.98 MHzU U  hh  ܩDo h 3.984-4.000 MHzU U @  hh  40 m h 7.079-7.125 MHzU U   hh  ܩDo?h 7.245-7.255 MHzU U   hh  30 mh 10.10-10.15 MHz U U ? hh  20 mh 14.047-14.053 MHzU U  hh  ܩDo>h 14.22-14.23 MHzU U  hh  ܩDoh 14.331-14.350 MHzU U > hh  15 mh 21.047-21.053 MHzU U  hh  ܩDo=h 21.228-21.267 MHzU U  hh  10 mh 28.55-28.75 MHzU U = hh  ܩDoh 29.237-29.273 MHzU U  hh  ܩDo<h 29.45-29.65 MHzU U  hh   S-VHFh U U < hh  6 mh 50.35-50.75 MHzU U  hh  ܩDo;h 5254 MHzU U  hh  2 mh 144.50-145.71 MHzU U ; hh  ܩDo h 146-148 MHzU U  hh  13 cm:"h 2390-2450 MHz U U   hh  1.25 m#h entire bandU U :" hh   S$-UHF$h U U # hh  70 cm9&h entire bandU  $ h  23 cm' entire band"&:,l(l(,,(_(" 9&ݙ  &MThe channels at 3.997 MHz and 53.30 MHz may be used in emergency areas when required to make  &kinitial 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  &Ldefense 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 "=':,l(l(,,+_("Ԍ (#(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  &yor Territory, however, such tests and drills may be conducted for a period not to exceed 72 hours, but no more than twice in any calendar year.  S-12. Section 97.501 is revised to read as follows:  97.501 Qualifying for an amateur operator license.  S-  (#An applicant must pass an examination for a new amateur operator license grant and for each  &change in operator class. Each applicant for the class of operator license grant specified below must pass, or otherwise receive examination credit for, the following examination elements: (a) Amateur Extra Class operator: Elements 1(C), 3(A), 3(B), 4(A) and 4(B); (b) Advanced Class operator: Elements 1(B) or 1(C), 3(A), 3(B) and 4(A). (c) General Class operator: Element 1(B) or 1(C), 3(A) and 3(B); (d) Technician Class operator: Element 3(A).  Sk-  13. Section 97.503(b) and (c) are revised to read as follows:  97.503 Element standards.  S-  S-* * * * *   (#(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 3(A): 65 questions concerning the privileges of a Technician Class operator license. The minimum passing score is 48 questions answered correctly.  (#1(2) Element 3(B): 30 questions concerning the privileges of a General Class operator license. The minimum passing score is 22 questions answered correctly.  (#?(3) Element 4(A): 50 questions concerning the privileges of an Advanced Class operator license. The minimum passing score is 37 questions answered correctly.  (#@(4) Element 4(B): 40 questions concerning the privileges of an Amateur Extra Class operator license. The minimum passing score is 30 questions answered correctly.  (#(c) The topics and number of questions that should be included in each written examination question set are listed below:  Sp&-` ` Topics:,hh^Element:pp3(A)&3(B)  X4(A)xx4(B) "=':,l(l(,,+_("Ԍ S-(1) FCC rules for the amateur radio services.pp15& 4  X 6xx 8   S-(2) Amateur station operating procedures.pp 5& 3  X 1xx 4   S4-(3) Radio wave propagation characteristics of amateurpp4& 3  X 2xx 2   service frequency bands  S-(4) Amateur radio practices.hh^pp8& 5  X 4xx 4  S5-(5) Electrical principles as applied to amateur stationpp6& 2  X10xx 6  equipment.  S -(6) Amateur station equipment circuit components.pp4& 1  X 6xx 4  S6 -(7) Practical circuits employed in amateur stationpp3& 1  X10xx 4  equipment.  S -(8) Signals and emissions transmitted by amateurpp4 & 2  X 6xx 4  stations.  S-  (9) Amateur station antennas and feed lines.pp6& 4  X 5xx 4  S-(10) Radiofrequency environmental safety practicespp10& 5  X 0xx 0    Sk- at an amateur station.  S- 14. Section 97.505 is revised to read as follows:  97.505 Element credit.  Sl-  (#(a) The administering VEs must give credit as specified below to an examinee holding any of the following licenses and documents:  (#(1) An unexpired (or expired but within the grace period for renewal) Advanced Class operator license: Elements 1(B), 3(A), 3(B) and 4(A).  (#"(2) An unexpired (or expired but within the grace period for renewal) General Class operator license: Elements 1(B), 3(A) and 3(B).  (#(3) An unexpired (or expired but within the grace period for renewal) Technician Plus Class operator license: Elements 1(A) and 3(A).  (#(4) An unexpired (or expired but within the grace period for renewal) Technician Class operator license: Element 3(A).  (#(5) An unexpired (or expired but within the grace period for renewal) Novice Class operator license: Element 1(A).. (6) A CSCE: Each element the CSCE indicates the examinee has passed.  (#(7) An unexpired (or expired less than 5 years) FCCissued commercial radiotelegraph operator"=':,l(l(,,+_(" license or permit document: Element 1(C).  (#!(8) An expired FCCissued Technician Class operator license document (or proof of having held the document) granted before March 21, 1987: Element 3(B).  (#(9) An expired, or unexpired, FCCissued Technician Class operator license document (or proof of having held the document) granted before February 14, 1991: Element 1(A).  (#"(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.  S-  S- 15. Section 97.507 is revised to read as follows:  97.507 Preparing an examination.  S6 -  S - (#(a) Each telegraphy message and each written question set administered to an examinee must be  &Mprepared by a VE holding an Amateur Extra Class operator license. A telegraphy message or written  &question set may also be prepared for the following elements by a VE holding an operator license of the class indicated: (1) Element 3(B): Advanced Class operator. (2) Element 1(A) and 3(A): Advanced or General Class operator.  (#(b) Each question set administered to an examinee must utilize questions taken from the applicable question pool.  (#O(c) Each telegraphy message and each written question set administered to an examinee for an  &lamateur 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  &kno less than 5 wpm 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.  S-  16. Section 97.509 is revised to read as follows:  S;- 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. Before the session, the administering VEs or the  &VE session manager must ensure that a public announcement is made giving 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; "=':,l(l(,,+_("Ԍ(2) Be at least 18 years of age; (3) Be a person who holds an amateur operator license of the class specified below:  (#?(i) Amateur Extra, Advanced or General Class in order to administer a Technician Class operator license examination;  (#(ii) Amateur Extra or Advanced Class in order to administer a General Class operator license examination;  (#|(iii) Amateur Extra Class in order to administer an Advanced or Amateur Extra Class operator license examination.  (#(4) Be a person whose amateur station license or amateur operator license has never been revoked or suspended.  (#(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.  (#m(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  &jprovision may result in the revocation of the VE's amateur station license and the suspension 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  &kthe 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  &Lsought, the 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"=':,l(l(,,+_(" 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 passing grade on an examination element.  (#O(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. " :,l(l(,, _("  S-  Separate Statement of Commissioner Harold W. FurchtgottRoth  . In re: Notice of Proposed Rule Making  1998 Biennial Regulatory Review Amendment of Part 97 of the Commission's Rules to BSimplify the Amateur Service Rules and to Delete Unnecessary Requirements and Procedures   S- (#{d I support adoption of this NPRM. In my view, any reduction of unnecessary regulatory burdens  &is beneficial. To that extent, this item is good and I am all for it. This item should not, however, be mistaken for complete compliance with Section 11 of the Communications Act.   S- (#As I have explained previously, the FCC is not planning to "review all regulations issued under  &[this Act . . . that apply to the operations or activities of any provider of telecommunications service," as  Sj - &required under Subsection 11(a) in 1998 (emphasis added). See generally 1998 Biennial Regulatory  S8 - &Review Review of Computer III  and ONA Safeguards and Requirements, 13 FCC Rcd 6040 (released  &Jan. 30, 1998). Nor has the Commission issued general principles to guide our public interest analysis and decisionmaking process across the wide range of FCC regulations.  (#In one important respect, however, the FCC's current efforts are more ambitious and difficult than  &I believe are required by the Communications Act. Subsection 11(a) "Biennial Review" requires only  S- &that the Commission "determine whether any such regulation is no longer necessary in the public interest"  &/(emphasis added). It is pursuant to Subsection 11(b) "Effect of Determination" that regulations  &determined to be no longer in the public interest must be repealed or modified. Thus, the repeal or  &modification of our rules, which requires notice and comment rule making proceedings, need not be  &>accomplished during the year of the biennial review. Yet the Commission plans to complete roughly thirty such proceedings this year.  (#I encourage parties to participate in these thirty rule making proceedings. I also suggest that  &Lparties submit to the Commission either informally or as a formal filing specific suggestions of rules  &Nwe might determine this year to be no longer necessary in the public interest as well as ideas for a  S -thorough review of all our rules pursuant to Subsection 11(a).#Xx P