[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Proposed Rules]
[Pages 52767-52769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25425]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 97
[WT Docket No. 96-188; FCC 96-375]
Authorization of Visiting Foreign Amateur Operators to Operate
Stations in the United States
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This action proposes to amend the amateur service rules to
authorize citizens of certain countries in Europe and the Americas to
operate stations while on short visits in the United States by
facilitating implementation of two pending international reciprocal
operating arrangements--European Conference of Postal and
Telecommunications Administrations (CEPT) radio-amateur license and the
Inter-American Convention on an International Amateur Radio Permit
(CITEL/Amateur Convention). It is necessary so that U.S. amateur
operators can operate in twenty-two European countries, eight South
American countries, Mexico, and Honduras, and so that operators from
those countries can operate their amateur stations in places where the
amateur service is regulated by the Commission. The effect of the
action will be to provide a convenient procedure for tourists,
conference attendees, students, and professors whereby they can operate
their amateur stations while visiting in the United States.
DATES: Comments are due on or before December 13, 1996. Reply Comments
are due on or before January 13, 1997.
FOR FURTHER INFORMATION CONTACT: Maurice J. DePont, Federal
Communications Commission, Wireless Telecommunications Bureau,
Washington, DC 20554, (202) 418-0690.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, adopted September 9, 1996, and released
September 20, 1996. The complete text of this Commission action is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, DC
20554. The complete text of this Notice of Proposed Rule Making may
also be purchased from the Commission's copy contractor, International
Transcription Services, Inc. (ITS, Inc.), 2100 Street, NW., Suite 140,
Washington, DC 20037, Telephone number (202) 857-3800.
Summary of Notice of Proposed Rule Making
1. There are two pending reciprocal operating arrangements that
will provide convenient ways for foreign amateur operators to operate
stations in the United States. They are the European Conference of
Postal and Telecommunications Administrations (CEPT) radio-amateur
license and the Inter-American Convention on an International Amateur
Radio Permit (CITEL/Amateur Convention).
2. With the United States as a participating non-CEPT country,
citizens of our country could operate amateur stations temporarily in
participating European countries, and their citizens could enjoy
similar operating privileges in the United States.
3. The CITEL/Amateur Convention is an arrangement for countries in
the Americas. Under the CITEL/Amateur Convention, individual amateur
operators with an International Amateur Radio Permit (IARP) would have
reciprocal operating privileges in each other's countries. The American
Radio Relay League, Inc. (ARRL) has offered its services to the
Department of State to issue IARPs on a non-discriminatory basis, at no
cost, charge, or expense to the United States Government.
4. Under a CEPT radio-amateur license or an IARP, we do not
anticipate that sophisticated station operations, such as beacon,
repeater, or auxiliary station operations would be attempted. In
addition, our rules do not permit these two new categories of
licensees/permittees to engage in such sophisticated operations.
5. Citizens of European countries and countries in the Americas,
such as tourists, students, professors, and conference attendees would
benefit from the proposed convenient procedures. Likewise, United
States citizens who travel in Europe or in the Americas for short
visits would similarly benefit.
6. Comments are invited on the proposal.
7. This Notice of Proposed Rule Making is issued under the
authority contained in 47 U.S.C. 154(i) and 303(r).
List of Subjects in 47 CFR Part 97
Foreign visitors, Radio, Treaties.
Federal Communications Commission
LaVera F. Marshall,
Acting Secretary.
Proposed Rules
Part 97 of Chapter I of Title 47 of the Code of Federal Regulations
is proposed to be amended as follows:
[[Page 52768]]
PART 97--AMATEUR RADIO SERVICE
1. The authority citation for Part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. Secs. 154,
303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended;
47 U.S.C. Secs. 151-155, 301-609, unless otherwise noted.
2. Section 97.3 is amended by redesignating paragraphs (a)(12)
through (a)(23) and paragraphs (a)(24) through (a)(46) as paragraphs
(a)(13) through (a)(24) and paragraphs (a)(26) through (a)(48) and by
adding new paragraphs (a)(12) and (a)(25) to read as follows:
Sec. 97.3 Definitions.
(a) * * *
(12) CEPT radio-amateur license. A license issued by a country
belonging to the European Conference of Postal and Telecommunications
Administrations (CEPT) that has adopted Recommendation T/R 61-01 (Nice
1985, revised in Paris 1992 and by correspondence August 1992).
* * * * *
(25) IARP. International Amateur Radio Permit. A document issued
pursuant to the terms of the Inter-American Convention on an
International Amateur Radio Permit by a country signatory to that
Convention, other than the United States. Montrouis, Haiti. AG/
doc.3216/95.
* * * * *
3. Section 97.5 is amended by adding new paragraphs (c)(3) and
(c)(4) to read as follows:
Sec. 97.5 Station license required.
* * * * *
(c) * * *
(3) A CEPT radio-amateur license issued to the person by the
country of which the person is a citizen. The person must not:
(i) Be a resident alien or citizen of the United States, regardless
of any other citizenship also held;
(ii) Hold an FCC-issued amateur operator license nor reciprocal
permit for alien amateur licensee;
(iii) Be a prior amateur service licensee whose FCC-issued license
was revoked, suspended for less than the balance of the license term
and the suspension is still in effect, suspended for the balance of the
license term and relicensing has not taken place, or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings; or
(iv) Be the subject of a cease and desist order that relates to
amateur service operation and which is still in effect.
(4) An IARP issued to the person by the country of which the person
is a citizen. The person must not:
(i) Be a resident alien or citizen of the United States, regardless
of any other citizenship also held;
(ii) Hold an FCC-issued amateur operator license nor reciprocal
permit for alien amateur licensee;
(iii) Be a prior amateur service licensee whose FCC-issued license
was revoked, suspended for less than the balance of the license term
and the suspension is still in effect, suspended for the balance of the
license term and relicensing has not taken place, or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings; or
(iv) Be the subject of a cease and desist order that relates to
amateur service operation and which is still in effect.
* * * * *
4. In Sec. 97.7, new paragraphs (c) and (d) are added to read as
follows:
Sec. 97.7 Control operator required.
* * * * *
(c) A CEPT radio-amateur license issued to the person by the
country of which the person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless
of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal
permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license
was revoked, suspended for less than the balance of the license term
and the suspension is still in effect, suspended for the balance of the
license term and relicensing has not taken place, or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to
amateur service operation and which is still in effect.
(d) An IARP issued to the person by the country of which the person
is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless
of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal
permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license
was revoked, suspended for less than the balance of the license term
and the suspension is still in effect, suspended for the balance of the
license term and relicensing has not taken place, or surrendered for
cancellation following notice of revocation, suspension or monetary
forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to
amateur service operation and which is still in effect.
5. In Sec. 97.107, paragraph (c) is revised and new paragraphs (d)
and (e) are added to read as follows:
Sec. 97.107 Alien control operator privileges.
* * * * *
(c) The privileges available to a control operator holding a valid
CEPT radio-amateur license are as specified in sections 97.207, 97.209,
97.211, 97.213, 97.215, 97.219, and 97.221 of subpart C of this part,
and in Section 97.301 of subpart D of this part, provided the holder:
(1) Complies with the terms of the agreement between the CEPT and
the United States;
(2) Is not a resident alien or citizen of the United States;
(3) Has not been in any area where radio services are regulated by
the FCC for more than 180 days within the immediately preceding five
years;
(4) Does not hold an FCC-issued operator/primary station license
grant; and
(5) Does not hold an FCC-issued reciprocal permit.
(d) The privileges available to a control operator holding a valid
IARP are as specified in sections 97.207, 97.209, 97.211, 97.213,
97.215, 97.219, and 97.221 of subpart C of this part, and in Section
97.301 of subpart D of this part, provided the holder:
(1) Complies with the terms and conditions of the Inter-American
Convention on an International Amateur Radio Permit (AG/doc.3216/95);
(2) Is not a resident alien or citizen of the United States;
(3) Has not been in any area where radio services are regulated by
the FCC for more than 180 days within the immediately preceding five
years;
(4) Does not hold an FCC-issued operator/primary station license
grant; and
(5) Does not hold an FCC-issued reciprocal permit.
(e) At any time the FCC may, in its discretion, modify, suspend, or
cancel the reciprocal permit for alien amateur licensee, or the amateur
service privileges of any Canadian amateur service licensee, CEPT
radio-amateur licensee or IARP permittee within or over any area where
radio services are regulated by the FCC.
6. Sec. 97.119, paragraph (f) is revised to read as follows:
Sec. 97.119 Station identification.
* * * * *
[[Page 52769]]
(f) When the station is transmitting under the authority of a
reciprocal permit for alien amateur licensee, a CEPT radio-amateur
license, or an IARP, an indicator consisting of the appropriate letter-
numeral designating the station location must be included before,
after, or both before and after, the call sign issued to the station by
the licensing country. When the station is transmitting under the
authority of an amateur service license issued by the Government of
Canada, the station location indicator must be included after or both
before and after the call sign. At least once during each
intercommunication, the identification announcement must include the
geographical location as nearly as possible by city and state,
commonwealth or possession.
7. In Sec. 97.301, the introductory texts of paragraphs (a) and (b)
are revised to read as follows:
Sec. 97.301 Authorized frequency bands.
* * * * *
(a) For a station having a control operator who has been granted a
Technician, Technician Plus, General, Advanced, or Amateur Extra Class
operator license or who holds a CEPT radio-amateur license or IARP of
any class:
* * * * *
(b) For a station having a control operator who has been granted an
Amateur Extra Class operator license or who holds a CEPT radio-amateur
license Class 1 license or Class 1 IARP:
* * * * *
[FR Doc. 96-25425 Filed 10-07-96; 8:45 am]
BILLING CODE 6712-01-P