This is the text of the letter that the FCC mailed to numerous participants in 20 meter net activities. - - - FEDERAL COMMUNICATIONS COMMISSION Dear Mr. [amateur's name] This letter is being sent to you because you may be serving in an influential position with respect to third party telephony traffic, information bulletin or telegraphy practice communications transmitted on the amateur service HF bands. You may possess, therefore, information and insight that could help bring about a resolution of the unfortunate continuing over-the- air dispute that takes place on the amateur service 20 meter band. A similar letter also is being sent to other amateur operators and organizations who may be of assistance. We fear that enhancement of international goodwill -- a fundamental principle of the rules for the amateur service in the United States -- is being jeopardized as a direct result of this dispute. We are concerned, moreover, that the experimental nature of the amateur service is being suppressed. When a channel is used to carry on a never- ending debate, it is denied for the purposes for which the frequencies were allocated. Finally, requests to the Commission to resolve the dispute are diverting far too much staff time from other essential activities. The Commission has, on numerous occasions, provided guidance to amateur stations conducting third party communications. In the Report and Order in PR Docket No. 88-139, for instance, the Commission concurred with the American Radio Relay League's observation concerning the proper balance in the rules between the flexibility to achieve the objectives of the amateur service and the degree of protection necessary to prevent exploitation of the service. The amateur service should be allowed to utilize its allocated frequencies unfettered by encroachment from commercial entities. It should not be allowed to be exploited by those who would use them as an alternative to the land mobile, broadcast, maritime, or common carrier radio services. For the above reason, Section 97.113(a) of the Commission's Rules, 47 C.F.R. Part 97.113(a), prohibits an amateur station from transmitting any communication the purpose of which is to facilitate the business or commercial affairs of any party. No amateur station shall transmit communications as an alternative to other authorized radio services, except as necessary to providing emergency communications under Sections 97.401-97.407 of the Commission's Rules, 47 C.F.R. Part 97.401-97.407. In the Order adopted June 29, 1983, 48 Fed. Reg. 32999 (1983), the Commission stated that the term "business" in this instance, is used in the broadest context. It includes all types of communications which are intended to facilitate the regular business or commercial affairs of any party, whether individual or organization, whether for-profit or not-for-profit, whether charitable or commercial, and whether government or non-government. By Public Notice titled Amateur Service International Radiocommunications dated September 1, 1989, the Commission further elaborated upon the scope of Section 97.113(a): All types of communications relating to business activities, including the advertising, soliciting, ordering, furnishing, delivering, accounting, or billing of any supplies, materials, or services are prohibited. Although Section 97.115(a) (1), 47 C.F.R. Part 97.115(a)(1), permits an amateur station to transmit messages for a third party to any station within the jurisdiction of any foreign government whose administration has made arrangements with the United States, all international communications by amateur stations are subject to Section 97.117 of the Commission's Rules, 47 C.F.R. Part 97.117, which limits amateur station transmissions to a different country to messages of a technical nature relating to tests and to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified. This rule conforms to the international Radio Regulations applicable to the amateur service. Considering the above limitations, it is not apparent why there should be any significant amount of third party communications transmitted in the amateur service. It appears, however, that as much as 15% of the 20 meter band is being claimed for such communications by some amateur operators and by organizations apparently organized specifically to utilize the amateur service for third party telephony communications. The justification for any such entitlement, however, has not yet been made to the Commission. Nor does it appear, as evidenced by the presence of the on-the-air dispute, that any such privilege claim has been accepted by the entire amateur community. Our approach has been to allow the amateur community to resolve the issue in a spirit of cooperation, as it has for many issues several times in the past. Because this approach has not been effective in this instance, we are looking to other alternatives. One alternative approach may be rule making that could range in outcome to an outright ban against all third party traffic to the designation of specific channels in some segment of certain amateur bands where only third party telephony communications could be conducted. Before taking so drastic a step, however, we want to gain a better understanding of the issues behind the dispute. We request your cooperation in resolving this matter. We therefore ask that you submit a report to us on the matter by November 15, 1989. While the submission of the report is voluntary, failure to submit it may mean that we have to proceed without the benefit of your expertise. Your report should include the following information based upon your personal observations during periods when the amateur service is not generally being used to provide emergency communications under Subpart E of Part 97, 47 C.F.R. Section 97.401-97.407: (1.) Is there, in your view, a channel plan? What is the channel plan for the analog emission segment of each amateur service HF band? What is the channel spacing? How many channels are utilized for telephony in each band? (2.) How many channels in each analog emission segment are used by Commission-licensed amateur stations for domestic third party telephony communications? What is the general nature of these communications? How many phone patches are transmitted per channel per day? What effect does the transmission of such communications have upon the amateur service? Why isn't a public telecommunication system, maritime service, or other radio service used for such communications? (3.) How many channels in each analog emission segment are used by Commission-licensed amateur stations for international third party telephony communications? What is the general nature of these communications? How many phone patches are transmitted per channel per day? What effect does the transmission of such communication have upon the amateur service? Why isn't a public telecommunication system, maritime service, or other radio services used for such communications? (4.) How many channels in each analog emission segment are used by Commission-licensed amateur stations for information bulletin telephony communications? How many amateur operators listen to one of these transmissions? How many information bulletin communications are transmitted per day? What effect does the transmission of such communications have upon the amateur service? Why aren't amateur digital systems used exclusively for such communications? What stations transmit such bulletin type messages? Is the transmission of such messages desirable or necessary? (5.) How many channels in each analog emission segment are used by Commission-licensed amateur stations for telegraphy practice communications? How many persons make use of these transmissions for telegraphy practice? Why is an analog emission segment used for such communications? What effect does the transmission of such communications have upon the amateur service? In view of the availability of recorded telegraphy training material, why are amateur service frequencies still used for this purpose? (6.) Please suggest a statement of practices that you believe should be followed by amateur stations transmitting third party communications, information bulletins, and telegraphy practice. Comment on whether the amateur service can voluntarily adopt your suggested practices, or should Section 97.101, General standards, 47 C.F.R. Section 97.101, be expanded. Please feel free to provide any other factual information that would assist in a more complete understanding of the issues involved in the dispute. An envelope is enclosed for your reply. Thank you for your cooperation. Sincerely, Robert H. McNamara Chief, Special Services Division