BULLETIN: FCC Proposes Change to 97.113

The FCC today released its proposed changes to 97.113, generally along the line that we had proposed, though their proposal is too limiting and doesn’t include certain casual conversations related to emergency operations.

Here are the proposed changes:

Proposed Rules

Part 97 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows:
The authority citation for part 97 continues to read as follows:

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

1. Section 97.113 is amended by revising paragraph (a)(3), adding new paragraphs (a)(3)(i) and (a)(3)(ii), redesignating paragraphs (c) and (d) as new paragraphs (a)(3)(iii) and (a)(3)(iv) respectively, and redesignating paragraphs (e) and (f) as (c) and (d) respectively, to read as follows:

§ 97.113 Prohibited transmissions.

(a) ***

(3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer, with the following exceptions:

(i) A control station operator may participate on behalf of an employer in a government-sponsored emergency preparedness or disaster readiness test or drill, limited to the duration and scope of such test or drill, and operational testing immediately prior to such test or drill.

(ii) An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis.

* * * * *

The FCC Notice of Proposed Rulemaking (10-72) also includes a mention of the petition filed by Tom Blackwell, N5GAR; Gordon West, WB6NOA; and myself, as follows:

We are also in receipt of a related Petition for Rulemaking submitted by the Amateur Radio Policy Committee (ARPC). See Petition for Rule Making, WP Docket No. 09-XX (filed Oct. 15, 2009) (seeking to amend the rules to permit amateur 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.”). We have incorporated the ARPC Petition into the docket of this proceeding.

I want to talk to Tom and Gordo and will post further comments on Thursday.