Petition for Amendment of Part 97 by William C. Wells, WA8HSU May 28, 1991 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Amendment of Section 97.9, ) 97.107(a)(3), 97.107(b)(3), ) 97.119(e), 97.201(a), ) 97.203(a), 97.205(a), ) 97.207(a), 97.301, ) RM- 97.307(f)(10), ) 97.313(c), 97.501, ) 97.503, 97.505, 97.507, ) 97.511, 97.513 ) License Restructuring of the ) Amateur Radio Service ) I, William C. Wells, WA8HSU, am an Amateur EXTRA Class Licensee of the FCC first licensed in the Amateur Radio Service on March 20, 1963 and continuously thereafter licensed in the amateur radio service. I am a former holder of a First Class Radiotelephone License now holding a General Radiotelephone License issued by the FCC. I petition the FCC to restructure the licensing of the Amateur Radio Service. A summary of my proposed changes follows: 1. Reduce the number of license classes from five to two: Restricted Amateur Radio License and Amateur Radio License. The proposed two license classes could be given any number of other possible names such as Code Free Amateur Radio License and Amateur Radio License or Class B License and Class A License, etc. 2. Restructure the test elements as follows: Element 1 Morse Code at the rate of five words per minute, Element 2 rules and regulations, good Amateur radio practice, and Amateur station operating procedure (35 questions), Element 3 Safety (25 questions), and Element 4 covering the various technical topics of the current examinations (50 questions). The element 4 questions breaking down as follows: Radio wave propagation characteristics of the amateur service frequency bands, 5 questions; Electrical principals as applied to amateur station equipment, 10 questions; Amateur station equipment circuit components, 8 questions; Practical circuits employed in amateur station equipment, 12 questions; Signals and emissions transmitted by amateur stations, 7 questions; Amateur station antennas and feed lines, 8 questions. 3. Change the license requirements as follows: The Restricted Amateur Radio License, elements 2, 3, and 4; and the Amateur Radio License, elements 1, 2, 3, and 4. 1 Petition for Amendment of Part 97 by William C. Wells, WA8HSU 4. The operator privileges of the two license classes to be as follows: The Restricted Amateur Radio License full amateur privileges above 30 MHz and the Amateur Radio License same as todays Amateur EXTRA Class License. 5. Grand fathering: All pre February 14, 1991 Technician Class Licensees, post February 14, 1991 Technician Class Licensees with a CSCE for the current element 1A, General Class, Advanced Class, and Extra Class Licensees to be granted full amateur privileges and issued the Amateur Radio Licenses upon renewal or modification. All post February 14, 1991 Technician Class Licensees without a CSCE for element 1A to be granted full amateur privileges above 30 MHz and issued a Restricted Amateur Radio License upon renewal or modification. All Restricted Amateur Radio licensees and current Technician class licensees without a CSCE for the current element 1A to be issued an Amateur Radio License upon passage of the new element 1. All Novice Class Licensees keep their current privileges for the unexpired term of their current license with no renewal privilege. 6. No new Novice Class Licenses will be issued. Holders of a current Novice class license or a Novice class license which has been expired less then 2 years will receive credit for the new element 1. 7. Holders of a current First or Second Class Radiotelegraph license or a license which has expired less then 5 years ago will receive element credit for elements 1 and 4. Holders of a current General Radiotelephone License or a license which has expired less then 5 years ago will receive element credit for element 4. The new rules which are the subject of this petition follow: 97.9 Operator License. (a) There are 2 classes of operator licenses: Restricted Amateur Radio License and Amateur Radio License. An operator license authorizes the holder to be the control operator of a station with the privileges of the operator class specified on the license. The license document or a photocopy thereof must be in the personal possession of the licensee at all times when the licensee is the control operator of a station. Technician Class Licenses issued after February 14, 1991 will automatically convert to a Restricted Amateur Radio License. All other license classes including a Technician Class License issued after February 14, 1991 with a CSCE for element 1A will automatically convert to an Amateur Radio License. In all cases when the license is renewed or modified, a license with the new operator class will be issued. (b) A person holding a Restricted Amateur Radio License or a Technician Class License issued after February 14, 1991 without a CSCE indicating passage of element 1A who has properly filed with the FCC an application for an Amateur Radio License which has not yet been acted 2 Petition for Amendment of Part 97 by William C. Wells, WA8HSU upon, and who holds a CSCE indicating that the person completed the element 1 examination within the previous 365 days is authorized to exercise the rights and privileges of the Amateur Radio License. 97.107 Alien control operator privileges. (a) (3) The applicable provisions of the FCC Rules, but not to exceed the control operator privileges of an FCC-issued Amateur Radio License. (b) (3) The applicable provisions of the FCC Rules, but not to exceed the control operator privileges of an FCC-issued Amateur Radio License; and 97.119 Station identification. (e) When the control operator is a person who is exercising the rights and privileges authorized by 97.9(b) of this Part, the indicator "AA" must be included after the station call sign. 97.201 Auxiliary station. (a) Any amateur station licensed to a holder of a Restricted Amateur Radio License or an Amateur Radio License class operator license may be an auxiliary station subject to the privileges of the class of operator license held. 97.203 Beacon station. (a) Any amateur radio station licensed to a holder of a Restricted Amateur Radio License or an Amateur Radio License class operator license may be a beacon. A holder of a Restricted Amateur Radio License or an Amateur Radio License class operator license may be the control operator of a beacon, subject to the privileges of the class of the operator license held. 97.205 Repeater station. (a) Any amateur station licensed to a holder of a Restricted Amateur Radio License or an Amateur Radio License class operator license may be a repeater. A holder of a Restricted Amateur Radio License or an Amateur Radio License class operator license may be the control operator of a repeater, subject to the privileges of the class of operator license held. 97.207 Space station. (a) Any amateur station licensed to a holder of an Amateur Radio License class operator license may be a space station. A holder of any class operator license may be the control operator of a space station, subject to the privileges of the class of operator license held by the control operator. 97.301 Authorized frequency bands. (a) For a station having a control operator holding a Restricted 3 Petition for Amendment of Part 97 by William C. Wells, WA8HSU Amateur Radio License or an Amateur Radio License. (The table of frequency assignments exactly as shown in the present 97.301(a) rule.) (b) For a station having a control operator holding an Amateur Radio License. (The table of frequency assignments exactly as shown in the present 97.301(b) rule.) (c) delete (d) delete (e) (renumber to c) For a station having a control operator holding an unexpired Novice Class operator license. (The table exactly as shown in 97.301(e) merged with the table exactly as shown in 97.301(f) of the present rules) 97.307 Emission Standards. (f) (7) A station having a control operator holding an unexpired Novice Class operator license may only transmit a CW emission using the international Morse code or phone emissions J3E and R3E. 97.313 Transmitter power standard. delete (c) (1-3) and replace with (c) No station may transmit with a transmitter power exceeding 200 W PEP on the 10.10-10.15 MHz segment or the 7.050-7.075 MHz segment within ITU Regions 1 or 3. 97.501 Qualifying for an amateur operator license. An applicant must pass an examination for the issuance of a new amateur operator license and for each change in operator class. Each applicant for the class of operator license specified below must pass, or otherwise receive credit for, the following examination elements: (a) Amateur Radio License: Elements 1, 2, 3, and 4; (b) Restricted Amateur Radio License: Elements 2, 3, and 4 97.503 Element Standards. (a) A telegraphy examination sufficient to prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less then 5 words per minute using all the letters, numerals 0-9, period, comma, question mark, slant mark, and the prosigns ar, bt, and sk. The test message will be a minimum of 5 minutes in length. Each letter counts as 1 character. Each punctuation mark, numeral, or prosign counts as 2 character. The applicant passes if 25 consecutive characters are copied. If the applicant fails to copy 25 consecutive characters the VEs are to administer a 10 question fill in the blank or multiple choice quiz on the content of the message. The minimum passing score on the quiz is 7 questions answered correctly. In the case of a handicapped applicant the examiners will administer the examination at 4 Petition for Amendment of Part 97 by William C. Wells, WA8HSU a place convenient and comfortable to the examinee, even bedside. For a deaf person, the dots and dashes can be sent to a vibrating surface or a flashing light. The examiners may read the questions to a blind person. The examiners also write for the examinee where the examinee is unable to do so. Where warranted, the examiners pause in sending the message after each sentence, each phrase, each word, or each letter to allow the examinee additional time to absorb and interpret what was sent. Also the examiners may substitute a sending test for a receiving test where the examinee's particular handicap precludes a receiving test. (b) A written examination must be such as to prove that the examinee possesses the operational and technical qualifications required to safely and properly perform the duties of an amateur service licensee. Each written examination must be comprised of a question set as follows: (1) Element 2: Rules and regulations, good Amateur radio practice, and Amateur station operating procedure (35 questions). The minimum passing score is 26 questions answered correctly. (2) Element 3: Safety considerations for radio equipment, high voltage, antennas, RF fields, etc. (25 questions). The minimum passing score is 18 questions answered correctly. (3) Element 4: Radio wave propagation characteristics, 5 questions; Electrical principals as applied to amateur station equipment, 10 questions; Amateur station equipment circuit components, 8 questions; Practical circuits employed in amateur station equipment, 12 questions; Signals and emissions transmitted by amateur stations, 7 questions; Amateur station antennas and feed lines, 8 questions; total 50 questions. The minimum passing score is 37 questions answered correctly. 97.505 Element credit. (a) The administering VEs must give credit as specified below to an examinee holding any of the following documents: (1) An unexpired Novice Class license: Element 1. (2) A photocopy of a FCC Form 610 which was submitted to the FCC indicating the examinee qualified for a Novice Class license within the previous 365 days: Element 1. (3) A CSCE: Each element the CSCE indicates the examinee passed within the previous 365 days. (4) An unexpired (or expired less then 5 years) First or Second Class commercial radiotelegraph license: Elements 1 and 4. (5) An unexpired (or expired less then 5 years) General Radiotelephone license: Element 4. 5 Petition for Amendment of Part 97 by William C. Wells, WA8HSU 97.507 Preparing an examination. (a) Each telegraphy message and each written question set administered to an examinee must be prepared by a VE holding an FCC-issued Amateur Radio License. (b) Each question set administered to an examinee must utilize questions taken from the applicable question pool. (c) All telegraphy and written examinations must be obtained from or prepared according to the instructions of the coordinating VEC. (d) current paragraph e. 97.511 Restricted Amateur Radio License and Amateur Radio License examinations. (a) All sessions must be coordinated by a VEC. (b) Each examination for either the Restricted Amateur Radio License or the Amateur Radio License must be administered by 3 VEs who have an Amateur Radio License. (c) The VEs must make a public announcement before administering examinations. (d) The administering VEs must issue a CSCE to an examinee who scores a passing grade on an examination element. (e) Within 10 days of the administration of a successful examination for either the Restricted Amateur Radio License or the Amateur Radio License the administering VEs must submit the application to the coordinating VEC. 97.513 delete MEMORANDUM IN SUPPORT OF THE PETITION 1. The petitioner would gain no new privileges as the result of this petition. The petitioner in fact looses the exclusivity of the Amateur Extra Class subbands. 2. Amateur radio presents a number of hazards to its followers that are unique such as high RF voltages and fields, high DC voltages with high stored energy, high current sources, the hazards of antennas and towers, power lines, chemicals used for etching and plating, soldering fumes and soldering irons, etc. By devoting an examination element to safety this plan would at least promote safety awareness and may even lead to the retention of some of the subject matter by those applicants passing the element. 3. By having an examination element devoted to rules and regulations, good Amateur Radio Practice, and Amateur station operating procedure 6 Petition for Amendment of Part 97 by William C. Wells, WA8HSU the amateur community could feed back problems of rules compliance, poor Amateur Radio Practice, and poor operating procedure into the examination process. This would add to Amateur Radio's already high level of self regulation. 4. This petition remedies the injustice done to the General Class licensees of 1967 who had privileges which they had earned taken away as the result of the ARRL sponsored incentive licensing program. 5. The Amateur Radio Service of the United States has what is by far the worlds most complex license structure. Almost everybody agrees that the present license structure is overly complex and this petition provides the maximum possible simplification of the license structure and licensing process. In this day of massive deficits we should seek every possible way to reduce the cost of government and this plan would certainly reduce the administrative cost of the Amateur Radio Service and allow the FCC to shift its resources to other services which, in general, need more regulation than the Amateur Radio Service. 6. The ARRL claim that "incentive licensing" would improve the quality of Amateur Radio's Licensees has proven to be almost entirely untrue. What incentive licensing HAS lead to is in many cases unseemly displays of elitism among the higher class licensees on the HF bands. It has also, in my opinion, lead to what is almost universally agreed to be an under utilization of the Amateur spectrum to a far greater degree then the 5 wpm Morse code test ever did. It is also my opinion that there are many potentially fine amateur operators who have been discouraged by what they correctly perceive to be long climb to full participation in the Amateur Radio Service who have taken the easy way out and purchased amateur equipment which they operate between 27.405 and 28 MHz where they present a hopeless enforcement problem for the FCC. 7. The public would be better served by this licensing structure because there would certainly be a greater number of Amateur Radio Service licensees with what would certainly be a greater diversity of interests to provide service from the routine of the various public functions that amateurs have always served such as sky watch nets and town festivals all the way up to providing communications when all other forms of communication have failed during major disasters. 8. The ARRL should be disqualified from any comment on this petition due to their vested interest in the present system. Not only are they responsible for the creation of the current system but they derive far more income from book sales then they do from members' dues. This system would therefore reduce their income from the sales of licenses manuals. This is an unacceptable conflict of interest. 9. There is precedence in the history of amateur radio licensing in the United States for a 5 wpm Morse code test as a requirement for a license which gave to its holder full amateur privileges. From 1912 to 1919 the Amateur First Grade license required a 5 wpm Morse code test. This only went up to 10 wpm in 1919 and finally up to 13 wpm in 1936. Though I and many other amateur radio operators enjoy spending at least some time on CW and though I for one WAS AGAINST a code free license, 7 Petition for Amendment of Part 97 by William C. Wells, WA8HSU that is no reason to let a prejudice prevent many fine amateurs from gaining full participation in amateur radio. The 5 wpm Morse code test proposed here meets the letter and the spirit of current ITU regulations. 10. This petition, if approved, would eliminate the controversy over element credit for the handicaped for the 13 or 20 wpm Morse code test as Morse code requirements above 5 wpm would no longer exist. This would eliminate problems such as I observed on 75 meters the evening of May 25, 1991 when one of the persons who exhibited the elitism I spoke of in paragraph 6 (and this is far from the only example I could cite) of this memorandum harassed WB3HGW about his element 1B handicap waiver. 11. This petition, if approved, would bring the license requirements of the Amateur Radio Service of the United States in line with the requirements of most other countries. 12. Having taken both Amateur Radio exams and the exams for the First Class Radiotelephone License, I can state positively that the commercial exams were far more difficult. If an applicant has passed commercial license requirements, I believe, that element credit for my proposed element 4 is in order. Respectfully Submitted, ____________________________________ William C. Wells, WA8HSU 1312 West Wabash Avenue Logansport, Indiana, 46947-4233 219-722-1338 8