What Happens Now?

When a Rule Making Petition is filed with the FCC (as ours has been), the Commission first decides whether it has merit and is worth pursuing.

If the Commission decides the issue merits attention, it assigns an RM number to the petition. It also establishes periods of time when comments and reply comments may be filed.

After that the FCC begins actual consideration of the issue, in light of the comments received. The whole process will certainly take months and may take years.

At present, we are awaiting an RM number.

We may start asking supporters to contact the FCC and ask elected officials to contact the FCC in support of getting the number issued.

If you are signed up to receive updates from this site or our e-mail blasts you will be the first to know when we need supporters to take action.

We are fortunate that Tom, N5GAR, has previous experience sheparding a Petition to successful rulemaking and is guiding our effort.

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Main | 97.113 Waivers Extremely Limited, Alas »
Friday
23Oct2009

WB6NOA, N5GAR, N5FDL File Petition For Rule Making

As promised, I am posting a PDF of the Petition for Rule Making filed with the FCC by the Amateur Radio Policy Committee seeking relief from provisions of 97.113(a) that the FCC has threatened to enforce against paid emergency responders who are also licensed radio amateurs.

The petitioners are Gordon West, WB6NOA; Tom Blackwell, N5GAR; and myself.

Here is the text of the paragraph we propose be added to 97.111, which describes communications permitted in the Amateur Radio service. Specifically, we are proposing that the following be made permitted communication:

(6) Transmissions necessary for disaster relief or emergency response,
including training exercises, planning, drills or tests, without regard to
whether the amateur operator has related employment, where the
transmissions are for the exclusive use of amateur radio operators for
noncommercial purposes.

There are also two minor additions to 97.113 to make it consistent with the change we are proposing to 97.111.

Why is this necessary? FCC rules allow paid emergency responders to use Amateur Radio to support emergency response and disaster relief, but prohibits its use during training. For example, a paid emergency manager who is a licensed ham cannot legally participate in on-the-air training with the agency’s ham volunteers. Or to even have a casual QSO about the agency’s programs!

Our proposal is intended to make such training and conversation (planning) legal, allowing these dedicated professionals to make full use of their skills, including amateur radio.

I am posting this Friday night for listeners to my interview on The RAIN Report. I will be adding additional information on Saturday afternoon. Please send any comments and questions and I will do my best to answer them.

 

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Reader Comments (5)

A question now that the petition has been filed... is the public notice released by the FCC on the 20th of October, 2009 allowing for a waiver for government sponsored exercises the response to your petition? In other words, do you feel that there will be any actual changes to Part 97, or is the waiver the final word in your estimation?

73 KE5UQS

October 26, 2009 | Unregistered CommenterMichael Dancey

I have suggested to our local Lassen County Public Health that they apply for a MARS Agency license for their emergency communications frequencies. With the latest opinion of the FCC it severly restricts exercises for paid workers. With an agency license the users don't even have to have a radio license, let alone threaten the amateur frequencies with encrochment of "pecuniary interests".
I can e-mail the document entitled "AGENCY USE OF THE MILITARY AFFILIATE RADIO SYSTEM Revised September 27, 2009" if anyone is interested.
Kelley KS6Z

October 26, 2009 | Unregistered CommenterKelley Shelley

Mr. Dancey:

I do not believe the waivers being discussed are sufficient as they will be very limited in nature and number. I am not sure whether the Public Notice was a response to our petition. The FCC received the petition on 10/15 and the PN came out on 10/20.

I believe there are those within the Commission who seriously "don't get it" and are actively in opposition to our proposal. I believe there are many hams and local governments who see our petition as being absolutely necessary.

We are waiting to see if the Commission will assign a rule making number to our petition and are developing a strategy to help that along. Stay tuned.

October 26, 2009 | Registered CommenterDavid Coursey, N5FDL

Mr. Shelley:

I do not see MARS as a first-choice solution for our problems. Before MARS, I'd rather find a way to use new or existing public safety channels, whihc is precisely what our detractors in the FCC want us to do.

MARS does not get me on local repeaters, which is what is vital and it also places our emergency response until military control, which I don't believe is the best course. But, please send me your document and I'll take a look.

October 26, 2009 | Registered CommenterDavid Coursey, N5FDL

Thank you, guys! I've called Senator Cornyn's office with supportive comments about your petition work. I hope your wording gets some visibility with the FCC.

I'm grateful for the time and effort you are putting into this.

With kind regards,

- Mark Rice, KK5MR

October 26, 2009 | Unregistered CommenterMark Rice
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