FCC report and order WTDocket No. 97-12

Paul L. Rinaldo prinaldo@mindspring.com
Tue, 07 Sep 1999 12:27:09 -0400


It seems like more than two years that the FCC has had this spread
spectrum docket under consideration, but it's finally out. It has the
effects of (a) removing spreading code restrictions, (b) requiring
automatic power control above 1 watt, and (c) removing logging
requirement for spread spectrum.

73, Paul, W4RI

<center>Before the

Federal Communications Commission

Washington, D.C. 20554

</center>In the Matter of                                  )    =20


Amendment of the Amateur Service     )    WT Docket No. 97-12

Rules to Provide For                           )

Greater Use of Spread                        )    RM-8737

Spectrum Communication                   )

Technologies                                     )


</center>Adopted: August 31, 1999 	Released: September 3, 1999

By the Commission:=20




A. Elimination of restrictions on spreading techniques

B. Automatic power control

C. Methods to minimize potential interference

D. Other issues=20

1. Station record keeping and identification

2. Types of SS

3. SS emissions and interference to satellite, EME and repeater

4. Outstanding Special Temporary Authority grants=20



Further Information

APPENDIX A -- List of Comments and Reply Comments

APPENDIX B -- Changes to Part 97



1. In the Notice of Proposed Rule Making (Notice) in this proceeding, the
Commission sought comments on proposals to authorize amateur stations to
make greater use of spread spectrum (SS) emission technologies.[1] By
this Report and Order, we adopt rules allowing amateur stations to
transmit additional SS emission types. We conclude that the public
interest would be served by removing the restriction in the Amateur Radio
Service rules that limit the SS emissions that amateur stations may
transmit. Moreover, we believe that this change will (1) allow amateur
service licensees to experiment with additional SS emission types; (2)
allow amateur radio operators to develop innovations and improvements to
communications products and develop new communications technologies; (3)
facilitate the ability of the Amateur Radio Service to contribute to the
development of SS communications by allowing amateur stations to transmit
and experiment with SS technologies currently used in consumer and
commercial products; and (4) promote more efficient use of spectrum
allocated to the Amateur Radio Service.=20

2. The major rule changes we adopt today are summarized below:=20

=B7 We amend our rules to remove the limitation that amateur stations
transmit SS emission types using only frequency hopping and direct
sequence spreading techniques.=20

=B7 We adopt a requirement that amateur stations use automatic transmitter
power control to limit transmitter power to the minimum power necessary
to maintain communications.=20

=B7 We amend our rules to remove now-unnecessary recordkeeping and station
identification requirements that apply only to stations transmitting SS

3. Our decisions in this Report and Order further our goal to improve
amateur radio communication capabilities. In developing these new and
amended rules we are guided by three broad policy principles. First, we
seek to provide a flexible regulatory framework that allows for continued
development of new services through experimentation by amateur radio
operators on amateur service spectrum. Second, we seek to promote
technological innovation. Finally, we seek to eliminate unnecessary
regulatory burdens.=20


4. SS is a modulation technique that distributes the energy of the
transmitted signal over a segment of spectrum that is much larger than
would be needed for a "traditional" modulation scheme. This technique
results in the power density of the transmitted signal being very low,
and the duration of a transmission on any frequency in the frequency
segment being but a fraction of a second, at any point of bandwidth the
SS emission occupies. This technique also allows reuse of the bandwidth
in the available frequency segment that the SS emission occupies, thereby
allowing multiple stations transmitting SS and non-SS systems to use the
segment of spectrum simultaneously. While SS modulation techniques have
been known for over 60 years, until the last 20 years its use has been
almost exclusively for military or other limited applications. In fact,
outside of the military context, one of the primary uses of SS was to
obscure the content of the message from individuals using receivers
capable of reception only on a single channel or for a finite number of
channels during some defined time period.=20

5. Over eighteen years ago, Special Temporary Authority to experiment
with SS transmissions was granted to 25 amateur radio stations affiliated
with the Amateur Radio Research and Development Corporation.[2] These
experiments involved on-air evaluation of different spreading rates,
frequency ranges, and interference to stations transmitting other
emission types.[3] On the basis of these tests, amateur radio stations
were authorized to transmit SS emissions using two spreading techniques
after June 1, 1986.[4] Since SS was introduced in the Amateur Radio
Service, the rules applicable to SS have not been substantively amended.
In the intervening 12 years, however, numerous entities have developed
commercial applications of SS, including medical telemetry, Personal
Communications Services, remote meter reading and position locating,[5]
including safety applications such as the use of the Global Positioning
System for locating ships at sea and other objects or individuals at
remote points.=20

6. Our current Part 97 rules permit amateur stations to transmit SS
emissions subject to certain operational constraints. Amateur station SS
transmissions may be used only for communications between points where
the Amateur Radio Service is regulated by the FCC and may be made only on
authorized Amateur Radio Service frequency bands above 420 MHz.[6] SS
emissions transmitted by amateur radio stations are limited to two types
of spreading techniques -- frequency hopping and direct sequence.[7]
Additionally, our rules require that documentation sufficient to enable
the FCC to demodulate all transmissions be retained for a period of one
year following the last entry in the station records. The rules also
prohibit SS emission transmissions made for the purpose of obscuring the
meaning of any communication.[8] Further, amateur radio stations
transmitting SS emission types are secondary to amateur radio stations
transmitting other emission types.[9]=20

7. On March 3, 1997, the Commission released the Notice in this
proceeding to examine whether amateur stations should be permitted to
transmit SS emission technologies employing additional spreading
sequences. The Commission also proposed that each SS transmitter be
required to incorporate a device to automatically limit its power to that
actually necessary to carry out the communications. We received fifteen
comments and twenty-five reply comments in response to the Notice.[10]=20


A. Elimination of restrictions on spreading techniques=20

8. Background. The Notice proposed to amend the Part 97 rules to
authorize amateur stations to make greater use of SS type emission
technologies. We proposed to allow amateur stations to transmit SS type
emission technologies employing additional spreading sequences.[11]
Specifically, we proposed to eliminate Sections 97.311(c) and (d),[12]
which restrict amateur stations to transmitting SS emissions that use
only frequency hopping and direct sequencing spreading techniques.[13] We
indicated that this change would allow amateur radio operators to develop
innovations and improvements to communications products and
technologies.[14] We also stated that it would provide amateur radio
operators more flexibility to use current and future communications
technologies. Such a rule change also would encourage the amateur radio
community to expand its experimental activities with SS and allow amateur
stations to transmit SS emissions that presently are transmitted using
other communications devices.[15]=20

9. Decision. The comments we received on this proposal generally
supported elimination of restrictions on the spreading techniques that
amateur radio stations may use. We conclude that the public interest will
best be served by eliminating the rules that restrict amateur stations to
using only two SS spreading techniques. In this connection, we note that
one of the fundamental purposes underlying our Part 97 rules is
accommodation of the amateur radio operator's proven ability to
contribute to the advancement of the radio art.[16] We agree with William
Tynan that we should not continue restricting the spreading techniques
available to the amateur service in order to protect Part 15
manufacturers.[17] We also concur with the ARRL that elimination of this
restriction makes it likely that amateur radio operators will use Part 15
devices as a source of SS equipment,[18] and we note that Metricom, a
manufacturer of Part 15 devices, supports these changes, provided we also
adopt our proposal for automatic power control.[19] We also note that,
because certain spreading codes and modulation methods used in Part 15
devices are not permissible in amateur radio communications, the most
likely effect of the current rules is that experimentation is conducted
by amateur radio licensees under Part 15 rules rather than under the
amateur service rules.[20]=20

10. The manufacturers of unlicensed Part 15 devices argue that the
proposed changes could upset the delicate balance that has been struck in
the bands they share with the Amateur Radio Service, especially the 915
MHz and 2.4 GHz bands.[21] This balance, however, appears to be based in
large part on the unattractiveness of SS experimentation in the amateur
service due to the restriction in the rules that limits amateur radio
stations to using only two specified techniques for spreading emissions
-- frequency hopping and direct sequencing.[22] We do not believe that
this concern warrants retaining the current restrictions on amateur radio
stations. As an initial matter, we note that Part 15 devices will only
receive an SS transmission from an amateur radio station if the station
is using the same spreading or coding scheme as the Part 15 device, if
the amateur station is transmitting at the same time and on the same
channels as the Part 15 device when it is in use, and if the amateur
station is within the reception range of the Part 15 device. The Part 15
Coalition has not shown with any degree of certainty that this
coincidence of events is likely to happen frequently. Further, Part 15
devices do not require the user to have any technical knowledge of how
the device works or its potential for interference[23] and use of
unlicensed Part 15 devices is conditioned on the user accepting
interference from the operation of an authorized radio station, another
Part 15 device, or ISM equipment.[24] Additionally, the use of automatic
power controls by amateur stations that transmit SS emissions and other
technical solutions discussed below are expected to further reduce the
interference potential. We will, therefore, amend Section 97.311 of our
rules as proposed.=20

B. Automatic power control=20

11. Background. Under our current rules, an amateur station must use the
minimum power necessary to carry out the desired communications
regardless of the emission type, spreading technique, or frequency band
used.[25] In addition, amateur stations transmitting SS emission types
are restricted to a maximum transmitter power of 100 watts (W).[26] In
the Notice, we proposed that automatic power control circuitry be
required whenever an amateur station transmits an SS emission with more
than 1 W.[27] This requirement was intended to ensure that the output
power is limited to the minimum level necessary to conduct communications
so that interference with other amateur radio stations and users of the
frequency bands would be minimized.[28]=20

12. Decision. The comments are divided over the need and ability to
implement automatic power controls. Some commentors believe that such
controls would have an inhibiting effect on amateur service
communications. For example, Messrs. Johnson and Tynan point out that
automatic power control devices can not be used for either
multi-point-to-multi-point applications or point-to-multi-point
applications, such as spacecraft telemetry.[29] Mr. Carpenter states that
such control devices would constitute excessive government
regulation.[30] Tucson Amateur Packet Radio Corporation (TAPR) also
believes that the proposed rule is unnecessary, and that current Section
97.313(a) is sufficient.[31] While Mr. Karn points out that the use of
the automatic power control and other technical measures could lead to an
increase in the number of users that can simultaneously share the
channel, he nonetheless believes that adoption of automatic power
controls should not be mandatory.[32] Further, TAPR and Mr. Karn
criticize the present rule as impeding Earth-Moon-Earth (EME)
communication experimentation using SS emission types because the 100 W
limit is imposed only on stations transmitting SS emissions.[33] They
point out that the high antenna gains and skyward-pointing antennas
generally used with EME protect terrestrial operations from interference
regardless of the emission type the station is transmitting. They
conclude, therefore, that the 100 W limit imposed only on stations
transmitting SS emission types is unnecessary.[34]=20

13. In contrast, the implementation of automatic power controls is
supported by the American Radio Relay League, Inc. (ARRL).[35] The
Central States VHF Society also believes that automatic power controls
are necessary. In this connection, it believes that amateur stations
transmitting SS emissions will be using the maximum power available
because these stations will be sharing spectrum with stations using other
communication modes that require the transmission of considerable

14. After review of the record, we conclude that the automatic power
control requirement proposed in the Notice should be adopted. We conclude
that such a requirement is reasonable in mixed-mode frequency bands[37]
until sharing protocols are sufficiently developed to satisfy users that
stations can avoid inter-mode interference.[38] Further, we believe that
power limits are a reasonable tradeoff between the wideband
characteristics of SS emissions and the ability and flexibility to use
various spreading codes.[39] We decline to adopt the suggestion by the
ARRL and Mr. Carpenter that the power level of the SS emission be limited
to one watt and the automatic power control requirement be dropped.[40]
We note that we did not propose to reduce the maximum authorized power
for stations transmitting SS emissions.[41] Additionally, we are
concerned that reducing the authorized maximum power for SS emissions to
the level suggested by the ARRL and Mr. Carpenter could adversely affect
SS experimentation in the amateur service and would effectively reduce
amateur stations transmitting SS emissions to the status of Part 15

C. Methods to minimize potential interference.=20

15. Background. In the Notice, we also solicited comments regarding
methods available, other than automatic power control circuitry, to
minimize any potential interference between amateur station operations
and Part 15 devices, even though Part 15 devices have no interference
protection rights under our rules and no domestic or international
allocation status.[43] We solicited these comments because Metricom
expressed concern that amateur radio operators will obtain commercial
Part 15 SS devices and modify them for use under our Part 97 rules.[44]
Symbol, a manufacturer of unlicensed Part 15 devices, was concerned that
the disparity between authorized power for amateur stations and
unlicensed devices will affect the operation of unlicensed devices in the
vicinity of amateur stations.[45]=20

16. Decision. The comments contained technical and other non-regulatory
suggestions for mitigating unwanted reception of SS transmissions. For
example, Mr. Karn states that SS interference can be minimized by using
directional antennas with point-to-point links.[46] For communication
over long distances, he recommends minimum power signal relaying over the
use of high power and, to address the "near-far problem,"[47] he
recommends geographical band plans.[48] He further states that
transmission sources can be found by using direction finding
techniques.[49] Another technique that can be useful in locating and
resolving unwanted reception of an SS emission is to allow SS systems to
voluntarily incorporate a Morse code identification transmitter that can
be demodulated by a conventional receiver.[50] Once the call sign of the
transmitting station has been determined, the mailing address of the
licensee can be found in many of the numerous internet databases that
list licensee information or by accessing the Commission's databases.
These suggestions are generally supported by the ARRL.[51] These
suggestions also convince us that amateur radio operators interested in
SS communication are willing to accommodate each other and other users of
the spectrum and that they are willing and capable of resolving
interference, should it occur, through technical means. For this reason,
we do not believe it is necessary or desirable for us to adopt rules,
other than the automatic power control requirement, that specify or could
limit methods available for resolving potential interference between
amateur station transmissions and other users of these frequency bands.=20

D. Other issues=20

1. Station record keeping and identification=20

17. Background. Section 97.311(e) of the Commission's rules requires that
the station records document all SS emission transmissions and these
records be retained for a period of one year following the last entry.
Mr. Johnson is concerned that amateur radio operators may not have the
technical expertise or know-how to comply with this rule, and that this
rule does not have a bearing on their ability to use SS emission
types.[52] He also states that retention of this requirement
unnecessarily burdens the station operator, thereby leading to a decline
in the incentive to contribute to the development of SS modes within the
Amateur Radio Service.[53] TAPR would like the Commission to establish
parity between SS and all other emission modes, and delete the
requirement of this section.[54] In contrast, ARRL does not believe that
this requirement is too burdensome.[55]=20

18. In addition, Section 97.119(b)(5) requires that a station
transmitting an SS emission must transmit its assigned call sign at the
end of each communication, and at least every ten minutes during a
communication, by a CW[56] or phone emission during SS emission
transmission on a narrow bandwidth frequency segment. Alternatively, the
station may identify itself by changing one or more parameters of the
emission so that a conventional CW or phone emission receiver can be used
to determine the station call sign. One of the purposes of station
identification is to clearly make the identity of the station
transmitting known to those receiving the transmission.=20

19. TAPR states that this requirement causes interference and, as a
result, outweighs any benefits accrued regarding monitoring.[57] Further,
it suggests that conventions for station identification should be
developed by the amateur radio community rather than the Commission.[58]
The Manager of the National Communications System points out there is no
currently available Commercial Off The Shelf (COTS) spread spectrum
equipment which complies with this rule.[59] In fact, he believes that
deletion of this rule could lead to an increase in the availability of
COTS equipment.[60] ARRL does not believe that this requirement is too
burdensome; rather, it believes that the requirement is "designed to
permit self-regulation and compatibility determinations involving a mode
that is difficult to monitor."[61]=20

20. Decision. The basis for the station record keeping requirement was a
concern that the Commission and amateur radio licensees could not monitor
readily SS emissions and therefore ciphers or other prohibited messages
could be transmitted by stations using SS emissions.[62] To date, we are
not aware of any instances of improper messages being transmitted by
amateur stations and the record in this proceeding does not indicate to
the contrary. We agree that this requirement no longer serves a useful
purpose and that eliminating it is a logical outgrowth of our proposal to
remove restrictions on the spreading techniques that amateur radio
stations may transmit.[63] Further, we are concerned that keeping these
records may discourage amateur radio operators from experimenting with SS
emissions. We see no regulatory purpose being served by requiring amateur
radio stations that transmit SS emissions to keep different records than
amateur radio stations transmitting any other emission type. Therefore,
we will revise Section 97.311 to remove the recordkeeping and retention
requirement as requested by Mr. Johnson and TAPR. With respect to the
station identification requirement, we will revise the rule as TAPR
requests because we find that Section 97.119(b)(5) of the Commission's
rules is unclear and also duplicates Sections 97.119(b)(1) and (2).[64]
Stations transmitting SS emission types can identify themselves using the
methods specified in either of these sections.=20

2. Types of SS=20

21. The Central States VHF Society and Mr. William Tynan suggest that we
define a "Broad Band" SS that would incorporate the bandwidth proposed by
the Commission in the Notice, and a "Narrow Band" SS that could occupy a
bandwidth of perhaps 10 kHz and be authorized on all the amateur bands
above 50 MHz, which are presently open to SSB and AM, so long as the
bandwidth of the transmitted signal does not exceed that of an AM voice
signal.[65] ARRL opposes this suggestion on the basis that no additional
frequency allocations for SS emission types were proposed.[66] Instead,
it states that the intent of the Notice is to permit the use of
additional spreading codes in order to provide SS users with additional
flexibility to determine which spreading codes provide the minimum
interference to potential narrow band amateur modes.[67] We agree with
the ARRL and will not grant this request because it is premised on SS
being transmitted on additional amateur service frequency bands. We also
believe that subdividing SS emission types is unnecessary and
inconsistent with the experimental nature of the Amateur Radio

3. SS emissions and interference to satellite, EME and repeater

22. A number of commentors express concern that if a significant number
of additional stations start transmitting SS emissions, interference to
ongoing modes of amateur service communications will increase. In an
effort to mitigate this anticipated problem, Central States VHF Society
and Mr. William Tynan propose that spread spectrum emissions be
restricted to band segments that are not used by amateur stations for
weak signal communications.[69] Mr. Carpenter also is concerned that the
power of stations transmitting SS emissions will cause insurmountable
interference for weak signal operators.[70] AMSAT requests that the rules
be amended to exclude SS emissions from specific frequency segments used
for satellite communications.[71] Mr. Ralph Soifer requests that
frequency segments be reserved for EME operations.[72] The Southern
California Repeater and Remote Base Association expresses concern about
potential interference between stations transmitting SS emissions and
amateur stations operating as repeaters.[73] The 220 MHz Spectrum
Management Association of Southern California proposes that the burden of
interference resolution between SS and the narrowband modes be placed on
the "uncoordinated emitter."[74]=20

23. In contrast, TAPR opposes these requests. It believes that we should
restrict our role to setting technical standards and leave the setting of
conventions for other operations to the amateur radio community.[75] Mr.
Karn states that interference between SS and other amateur use is
rare.[76] ARRL argues that most repeater usage is on frequency bands
below the bands where SS emissions are authorized and further
restrictions on SS spectrum are unnecessary.[77] Its position is that the
current rules have already placed stations transmitting SS as subordinate
in the hierarchy of emission modes.[78]=20

24. We agree with the ARRL that the rules we are adopting will adequately
address this potential interference concern. Specifically, Section
97.311(b) will require that a station transmitting SS emissions must not
cause harmful interference to stations employing other authorized
emissions, and must accept all interference caused by stations employing
other authorized emissions. This rule change clarifies that stations
transmitting SS emissions will remain, as they are now, secondary to
other stations on the frequency bands they are authorized to transmit on.
We also note that the rule changes do not extend any new frequency
allocations to stations transmitting SS emissions. Therefore, concerns
about interference to repeater stations or other stations that transmit
on frequency bands below the 70 centimeter (cm) frequency band are
unfounded because SS emissions are not authorized below the 70 cm
frequency band.=20

25. We will not revise the rules to prevent SS emission types from being
transmitted in any frequency band on the basis that SS emissions may
interfere with the operating activities of other Amateur Radio Service
licensees. We agree with Mr. John C. Koster that the application of rules
such as Sections 97.313 and 97.101(c) and (d) should help to minimize
interference.[79] We also note that interference between amateur radio
stations is already addressed generally by Section 97.101(d), which
prohibits operators from willfully or maliciously interfering with or
causing interference to any radio communication or signal. Additionally,
we believe that excluding specific emission types from additional
frequency segments based on the specific operating interests of
individual licensees or groups of licensees is inconsistent with the
principle that each station licensee and each control operator must
cooperate in selecting transmitting channels and in making the most
effective use of the frequencies allocated to the Amateur Radio Service
and that no frequency will be assigned for the exclusive use of any
station.[80] A hallmark of the Amateur Radio Service has been that all
frequencies are shared. The expectation of any station that it can
operate in a totally interference-free environment, therefore, is
unreasonable. We also believe that subdividing amateur service frequency
bands would undercut the voluntary band planning that the amateur service
community does and would result in a loss of flexibility to reallocate
spectrum as licensee's operating interests change, new technologies are
incorporated, and frequency bands in the radio spectrum are reallocated.=20

4. Outstanding Special Temporary Authority grants=20

26. During the pendency of this proceeding, two Special Temporary
Authority (STA) grants authorizing, among other things, certain amateur
radio stations to transmit SS emission types that were not permitted by
Section 97.311 and to transmit SS emissions on frequency bands not
authorized by Section 97.305(c) have remained in force. The first was
granted April 17, 1992, to Mr. Robert A. Buaas.[81] The second was
granted to two amateur radio licensees who also are TAPR members.[82] Our
decision in this proceeding obviates the need for the STAs because it
eliminates the restriction on SS emission types that an amateur radio
station may transmit. Our decision also does not authorize SS emissions
to be transmitted in amateur service frequency bands that are permitted
under the STAs. As noted above, the STA granted to Messrs. Jones and
Hendricks has expired. We are terminating the STA granted to Mr. Robert
A. Buaas as of the date the rules we adopt today become effective,
because this Report and Order resolves the issues that formed the basis
for granting his request.=20


27. We certify that the Regulatory Flexibility Act[83] does not apply to
this rule making proceeding because the rule amendments will not have a
significant economic impact on a substantial number of small business
entities, as defined in Section 601(3) of the Regulatory Flexibility Act.
The amateur radio stations that are the subject of this proceeding are
not authorized to transmit any communications on behalf a station control
operator's employer or where the station licensee or control operator has
a pecuniary interest.[84]=20

28. Alternative formats of this Order (computer diskette, large print,
audio cassette and Braille) are available to persons with disabilities by
contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by
e-mail at <<mcontee@fcc.gov>. This Report and Order also is available at
the Commission's internet site at: http://www.fcc.gov/.=20


29. IT IS ORDERED that effective November 1, 1999, pursuant to Sections
4(i) and (j), 303(r), and 403 of the Communications Act of 1934, as
amended, 47 U.S.C. &sect;&sect; 154(i) and (j), 303(r) and 403, Part 97
of the Commission's Rules, 47 C.F.R. Part 97, IS AMENDED as set forth in
Appendix B.=20

30. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs,
Reference Operations Division, SHALL SEND a copy of this Report and Order
to the Chief Counsel for Advocacy of the Small Business Administration.=20

31. IT IS FURTHER ORDERED that the STA granted to Mr. Robert A. Buaas IS
TERMINATED on the effective date of the rules adopted herein.=20

Further Information=20

32. For further information, contact William T. Cross, Policy and Rules
Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, (202) 418-0680.=20


Magalie Roman Salas




Manager, National Communications System

Tucson Amateur Packet Radio Corporation

Robert A. Buaas

The Central States VHF Society

220 MHz Spectrum Management Association

The Part 15 Coalition

Ralph Soifer=20

Lyle Johnson

Radio Amateur Satellite Corporation (AMSAT)

Robert J. Carpenter

Metricom, Inc.

William A. Tynan

American Radio Relay League, Inc.

Philip R. Karn, Jr.

Robert Brown=20

Reply Comments=20

The Central States VHF Society

Ralph Soifer=20

Lyle Johnson

American Radio Relay League, Inc.

Radio Amateur Satellite Corporation (AMSAT)

Manager, National Communications System

Metricom, Inc.

Tucson Amateur Packet Radio Corporation

Robert A. Buaas

Robert J. Carpenter

William A. Tynan

John C. Koster

Robert James Barron, Jr.

CellNet Data Systems, Inc.

Thomas C. McDermott

W5YI Group, Inc.

Glenn E. Elmore

John R. Bingham

Steven S. Dimse

Steven K. Stroh

Frank H. Perkins, Jr.

Jacob Brodsky

John R. Ackerman

Donald V. Lemke

Guy Story=20


Part 97 of Chapter I of Title 47 of the Code of Federal is amended as

Part 97 - Amateur Radio Service=20

1. The authority citation for Part 97 continues to read as follows:=20

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

2. Sections 97.3(a), (b), and (c) are amended by inserting numbers in
front of each defined term in the definitions, and revising Section
97.3(c)(8) to read as follows:=20

&sect; 97.3 Definitions.=20


(c) ***=20

(8) SS. Spread spectrum emissions using bandwidth-expansion modulation
emissions having designators with A, C, D, F, G, H, J or R as the first
symbol; X as the second symbol; X as the third symbol.=20

* * * * *=20

3. Section 97.119(b)(5) is removed.=20

4. Section 97.305(b) is revised to read as follows:=20

&sect; 97.305 Authorized emission types.=20


(b) A station may transmit a test emission on any frequency authorized to
the control operator for brief periods for experimental purposes, except
that no pulse modulation emission may be transmitted on any frequency
where pulse is not specifically authorized and no SS modulation emission
may be transmitted on any frequency where SS is not specifically

* * * * *=20

5. Section 97.311 is revised to read as follows:=20

&sect; 97.311 SS emission types.=20

(a) SS emission transmissions by an amateur station are authorized only
for communications between points within areas where the amateur service
is regulated by the FCC and between an area where the amateur service is
regulated by the FCC and an amateur station in another country that
permits such communications. SS emission transmissions must not be used
for the purpose of obscuring the meaning of any communication.=20

(b) A station transmitting SS emissions must not cause harmful
interference to stations employing other authorized emissions, and must
accept all interference caused by stations employing other authorized

(c) When deemed necessary by a District Director to assure compliance
with this Part, a station licensee must:=20

(1) Cease SS emission transmissions;=20

(2) Restrict SS emission transmissions to the extent instructed; and=20

(3) Maintain a record, convertible to the original information (voice,
text, image, etc.) of all spread spectrum communications transmitted.=20

(d) The transmitter power must not exceed 100 W under any circumstances.
If more than 1 W is used, automatic transmitter control shall limit
output power to that which is required for the communication. This shall
be determined by the use of the ratio, measured at the receiver, of the
received energy per user data bit (Eb) to the sum of the received power
spectral densities of noise (N0) and co-channel interference (I0).
Average transmitter power over 1 W shall be automatically adjusted to
maintain an Eb/(N0 + I0) ratio of no more than 23 dB at the intended