81 FR 53388 - Amateur Radio Service Rules To Permit Greater Flexibility in Data Communications
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 156 (August 12, 2016)
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53388-53391 | |
| FR Document | 2016-19085 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Proposed Rules] [Pages 53388-53391] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19085] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 97 [WT Docket No. 16-239; FCC 16-96] Amateur Radio Service Rules To Permit Greater Flexibility in Data Communications AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) seeks comment on proposed amendments regarding technical standards applicable to data communications that may be transmitted in the Amateur Radio Service. Specifically, we propose to remove limitations on the symbol rate (also known as the baud rate) applicable to data emissions in certain amateur bands. We believe that this rule change will allow amateur service licensees to use modern digital emissions, thereby better fulfilling the purposes of the amateur service and enhancing its usefulness. DATES: Submit comments on or before October 11, 2016, and reply comments are due on or before November 10, 2016. ADDRESSES: You may submit comments, identified by WT Docket No. 16-239, by any of the following methods:Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments. Mail: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418- 0530 or TTY: 202-418-0432. FOR FURTHER INFORMATION CONTACT: Scot Stone, Scot.Stone@fcc.gov, Wireless Telecommunications Bureau, (202) 418-0638, or TTY (202) 418- 7233. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), adopted July 27, 2016 and released July 28, 2016. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. This document will also be available via ECFS at http://fjallfoss.fcc.gov/ecfs/. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format) by sending an email to fcc504@fcc.gov or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). I. Introduction 1. In the NPRM, we propose, in response to a petition for rulemaking filed by the AmericanRadio Relay League, Inc. (ARRL), to amend part 97 of the Commission's rules regarding technical standards applicable to data communications that may be transmitted in the Amateur Radio Service. Specifically, we propose to remove limitations on the symbol rate (also known as baud rate)--the rate at which the carrier waveform amplitude, frequency, and/or phase is varied to transmit information--applicable to data emissions in certain amateur bands. We believe that this rule change will allow amateur service licensees to use modern digital emissions, thereby better fulfilling the purposes of the amateur service and enhancing its usefulness. II. Background 2. The limitations on radioteletype (RTTY) and data transmissions below 450 MHz vary depending on the frequency band, and on whether the digital code used to encode the signal being transmitted is one of the codes specified in section 97.309(a) of the Commission's rules--Baudot, AMTOR, and ASCII (the ``specified digital codes''). Section 97.307(f) limits the symbol rate for the specified digital codes, and the bandwidth for unspecified digital codes, as follows: [[Page 53389]] The specified digital codes may be used with a symbol rate not exceeding 300 bauds for frequencies below 28 MHz (except the 60 meter (5.3305-5.4064 MHz) band), and 1200 bauds in the 10 meter (28-29.7 MHz) band; in the 6 meter (50-54 MHz) and 2 meter (144-148 MHz) bands, the specified digital codes may be used with a symbol rate not exceeding 19.6 kilobauds, and unspecified digital codes may be used with a bandwidth not exceeding 20 kilohertz; in the 1.25 meter (219-225 MHz) and 70 centimeter (420-450 MHz) bands, the specified digital codes may be used with a symbol rate not exceeding 56 kilobauds, and unspecified digital codes may be used with a bandwidth not exceeding 100 kilohertz. An amateur station transmitting a RTTY or data emission using one of the specified digital codes may use any technique whose technical characteristics have been documented publicly, such as CLOVER, G-TOR, or PACTOR, for the purpose of facilitating communications. III. Discussion 3. Symbol rate limit. We tentatively agree with ARRL that the baud rate limits should be eliminated, and propose to amend part 97 accordingly. As ARRL notes, digital emissions were ``in their early stages and experimentation with them was limited'' at that time, and ``the state of the art in HF digital communications has advanced substantially'' since then. Indeed, the Commission observed in 1993 that ``as technology progresses the rules may become unnecessarily restrictive, particularly with regard to the permissible baud rate.'' For example, ARRL points out that PACTOR 3, which has a data rate of up to 3600 bits per second and a symbol rate of 100 bauds, is permitted in the HF bands; but PACTOR 4, which is capable of a data rate of 5800 bits per second without occupying any more spectrum, is prohibited at HF by the current rules because it has a symbol rate of 1800 bauds. Thus, ARRL argues, the current baud rate limits permit, if not actually encourage, inefficient spectrum utilization. 4. Many commenters agree that the baud rate restriction should be eliminated, and we seek comment on the reasons supporting such a view. For example, one commenter states that ``part of the purpose of the amateur radio service is the advancement of radio and communications technology. Denying the ability to research and implement higher symbol rates directly contradicts the very purpose for amateur radio.'' Another commenter notes that ``[t]he rest of the amateur radio operators in the world do not have this restrictive symbol rate requirement that is in the current part 97'' and eliminating this restriction will allow the Emergency Communications Community to ``benefit by being better able to meet its mission.'' Many commenters cite permitting PACTOR 4 at HF as a reason for changing the rule, particularly to facilitate more efficient transmission of emergency communications. Other commenters, however, are concerned that facilitating faster data throughput will actually increase congestion by encouraging the transmission of larger amounts of data and new types of content. 5. We tentatively agree that a baud rate restriction has become unnecessary due to advances in modulation techniques, and no longer serves a useful purpose. Our rules do not impose a symbol rate limit on data emissions in any other amateur bands or in any other radio service. In addition, removing the baud rate restriction could encourage individuals to more fully utilize the amateur service in experimentation and could promote innovation, more efficient use of the radio spectrum currently allocated to the amateur service, and the ability of the amateur service to support public safety efforts in the event of an emergency. Facilitating the ability of the amateur service to transmit and experiment with technologies currently used in consumer and commercial products furthers this goal. Consequently, we propose to remove the baud rate limits in section 97.307(f). We seek comment on this proposal. In particular, we seek comment on whether eliminating the baud rate limits would improve amateur communications, or would instead increase congestion. Regarding the likelihood that eliminating the baud rate limitation would increase congestion, we seek comment on whether the costs of such an increase are outweighed by the benefits that are likely to flow from the elimination of the limits, and whether there are ways to mitigate these costs without losing the benefits of the proposed initiative. More generally, we seek comment on whether there are other costs and benefits to the proposal and, when weighing all the factors, whether the benefits of the proposal outweigh its costs. Commenters opposed to eliminating the baud rate limits should also explain whether their concerns relate to all of the bands at issue, or only certain spectrum. 6. We decline, however, to propose to add a 2.8 kilohertz bandwidth limitation for RTTY and data emissions in the MF/HF bands as requested by the ARRL Petition. ARRL cites the 60 meter band as precedent for imposing a 2.8 kilohertz bandwidth limitation on data emissions, which ARRL states ``would accommodate the HF data emissions that are in common use today.'' The commenters who support eliminating the baud rate restriction also generally agree with the ARRL's requested 2.8 kilohertz bandwidth limitation, but others who support eliminating the baud rate restriction favor a narrower bandwidth limitation in order to protect low-bandwidth modes of communication. 7. After reviewing the record, we tentatively conclude that a specific bandwidth limitation for RTTY and data emissions in the MF/HF bands is not necessary. We note that only the digital codes specified in section 97.309(a) may be used for MF/HF data emissions, and our rules do not impose any specific bandwidth limitation on use of the specified digital codes in any frequency band other than the 60 meter band. The 60 meter band cited by ARRL is a special case, however, given that amateur operators are permitted to operate only on specific frequencies rather than across the entire band, and are permitted to use only particular data and RTTY emission designators, in order to protect primary Federal voice operations in the band. Section 97.307(a) of the Commission's rules already provides that no amateur station transmission shall occupy more bandwidth than necessary for the information rate and emission type being transmitted, in accordance with good amateur practice, and section 97.307(c) already prohibits interference from spurious emissions (i.e., emissions outside the necessary bandwidth). The methods to be used in calculating the necessary bandwidth of various emissions are specified in section 2.202 of the Commission's rules. We tentatively conclude that such rules are sufficient to help protect against inefficient use or other abuse of the spectrum identified by commenters, and will accomplish ARRL's stated reason for proposing a bandwidth limitation of facilitating sharing among amateur licensees. 8. We also observe that while a 2.8 kilohertz bandwidth limitation would accommodate HF data emissions that are in common use today, such a limitation could, at the same time, undermine the goal--fundamental to the amateur service--of encouraging advances in technology if amateur radio operators were thereby prevented from stepping beyond today's radio science. Imposing a maximum bandwidth would result in a loss of flexibility to develop [[Page 53390]] and improve technologies as licensees' operating interests change and new technologies are developed. We seek comment on these tentative conclusions. 9. While we tentatively conclude that a specific bandwidth limitation for RTTY and data emissions in the MF/HF bands is not necessary, we nonetheless request comment on whether we should establish emission bandwidth standards for amateur service MF/HF RTTY and data emissions. Commenters favoring such action should address what the maximum bandwidth should be, the basis for the particular limitation the commenter proposes, and whether the limit should apply across the bands or only in particular subbands. Commenters should explain the grounds for departing from the generally applicable standards. IV. Conclusion 10. In summary, we believe that the public interest may be served by revising the amateur service rules to eliminate the current baud rate limitations for data emissions consistent with ARRL's Petition to allow amateur service licensees to use modern digital emissions, thereby furthering the purposes of the amateur service and enhancing the usefulness of the service. We do not, however, propose a bandwidth limitation for data emissions in the MF and HF bands to replace the baud rate limitations, because the rules' current approach for limiting bandwidth use by amateur stations using one of the specified digital codes to encode the signal being transmitted appears sufficient to ensure that general access to the band by licensees in the amateur service does not become unduly impaired. V. Procedural Matters 11. Initial Regulatory Flexibility Certification. The Regulatory Flexibility Act (RFA) requires an initial regulatory flexibility analysis to be prepared for notice and comment rulemaking proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 12. In the NPRM, we propose to amend the amateur service rules to change a technical rule applicable to data emissions that an amateur radio operator may use in his or her communications with other amateur radio operators. Because ``small entities,'' as defined in the Regulatory Flexibility Act, do not include a ``person'' as the term is used in this proceeding or an individual, the proposed rules do not apply to ``small entities.'' Rather, they apply exclusively to individuals who hold certain Commission authorizations. Therefore, we certify that the proposal in this NPRM, if adopted, will not have a significant economic impact on a substantial number of small entities. 13. Paperwork Reduction Analysis. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). VI. Ordering Clauses 14. It is ordered that, pursuant to Sections 4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 403, that this Notice of Proposed Rulemaking is hereby adopted. 15. It is further ordered that, pursuant to section 1.407 of the Commission's rules, 47 CFR 1.407, the Petition for Rulemaking, RM- 11708, filed by the American Radio Relay League, Inc., on November 15, 2013 is granted to the extent indicated herein, and is otherwise denied. 16. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 97 Radio. Federal Communications Commission. Gloria J Miles, Federal Register Liaison Officer. Office of the Secretary. Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 97 as follows: PART 97--AMATEUR RADIO SERVICE 0 1. 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. 0 2. Section 97.305 is amended by revising the entry for 28.0-28.3 MHz in the table in paragraph (c) to read as follows: Sec. 97.305 Authorized emission types. * * * * * (c) * * * ---------------------------------------------------------------------------------------------------------------- Standards see Sec. Wavelength band Frequencies Emission types authorized 97.307(f), paragraph: ---------------------------------------------------------------------------------------------------------------- * * * * * * * HF: * * * * * * * 10 m.................................... 28.0-28.3 MHz............. RTTY, data................ (3). * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 53391]] 0 3. Section 97.307 is amended by revising paragraph (f)(3), removing and reserving paragraph (f)(4), and revising paragraphs (f)(5) and (6) to read as follows: Sec. 97.307 Emission standards. * * * * * (f) * * * (3) Only an RTTY or data emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. (4) [Reserved] (5) An RTTY, data or multiplexed emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. An RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in Sec. 97.309(b) of this part also may be transmitted, provided the bandwidth does not exceed 20 kHz. (6) An RTTY, data or multiplexed emission using a specified digital code listed in Sec. 97.309(a) of this part may be transmitted. An RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in Sec. 97.309(b) of this part also may be transmitted, provided the bandwidth does not exceed 100 kHz. * * * * * [FR Doc. 2016-19085 Filed 8-11-16; 8:45 am] BILLING CODE 6712-01-P
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§ 10.22 Covered entity information (b) The 340B ADR Panel will review FOR FURTHER INFORMATION CONTACT: Scot
requests. the responses of all parties in producing Stone, Scot.Stone@fcc.gov, Wireless
(a) A covered entity must submit a the final agency decision letter. Telecommunications Bureau, (202) 418–
written request for additional (1) The final agency decision letter 0638, or TTY (202) 418–7233.
information necessary to support its will represent the decision of a majority SUPPLEMENTARY INFORMATION: This is a
claim to the 340B ADR Panel within 20 of the 340B ADR Panel’s findings summary of the Commission’s Notice of
business days of the claim acceptance regarding the claim and discuss the Proposed Rulemaking (NPRM), adopted
date. The 340B ADR Panel will review findings supporting the decision. July 27, 2016 and released July 28, 2016.
the information request and notify the (2) The 340B ADR Panel will submit The full text of this document is
covered entity if the information request the binding final agency decision letter available for public inspection and
is beyond the scope of the claim and to all parties, and to HRSA, as copying during regular business hours
will permit the covered entity to necessary, for appropriate enforcement in the FCC Reference Center, Federal
resubmit a revised information request action. Communications Commission, 445 12th
if necessary. [FR Doc. 2016–18969 Filed 8–11–16; 8:45 am] Street SW., Room CY–A257,
(b) The 340B ADR Panel will submit BILLING CODE 4165–15–P Washington, DC 20554. The complete
the covered entity’s information request text may be purchased from the
to the manufacturer who must respond Commission’s copy contractor, 445 12th
to the request within 20 business days. FEDERAL COMMUNICATIONS Street, SW., Room CY–B402,
(c) The manufacturer must fully COMMISSION Washington, DC 20554. This document
respond, in writing, to an information will also be available via ECFS at http://
47 CFR Part 97 fjallfoss.fcc.gov/ecfs/. Documents will
request from the 340B ADR Panel by the
be available electronically in ASCII,
response deadline. [WT Docket No. 16–239; FCC 16–96] Microsoft Word, and/or Adobe Acrobat.
(1) A manufacturer is responsible for Alternative formats are available for
obtaining relevant information from any Amateur Radio Service Rules To
people with disabilities (Braille, large
wholesaler or other third party that may Permit Greater Flexibility in Data
print, electronic files, audio format) by
facilitate the sale or distribution of its Communications
sending an email to fcc504@fcc.gov or
drugs to covered entities. AGENCY: Federal Communications calling the Commission’s Consumer and
(2) If a manufacturer anticipates that Commission. Governmental Affairs Bureau at (202)
it will not be able to respond to the ACTION: Proposed rule. 418–0530 (voice), (202) 418–0432
information request by the deadline, it (TTY).
can request one extension by notifying SUMMARY: In this document, the Federal
the 340B ADR Panel in writing within I. Introduction
Communications Commission
15 business days of receipt of the (Commission) seeks comment on 1. In the NPRM, we propose, in
request. proposed amendments regarding response to a petition for rulemaking
(3) A request to extend the deadline technical standards applicable to data filed by the AmericanRadio Relay
must include the reason why the current communications that may be League, Inc. (ARRL), to amend part 97
deadline is not feasible and must transmitted in the Amateur Radio of the Commission’s rules regarding
outline the proposed timeline for fully Service. Specifically, we propose to technical standards applicable to data
responding to the information request. remove limitations on the symbol rate communications that may be
(4) The 340B ADR Panel may approve (also known as the baud rate) applicable transmitted in the Amateur Radio
or disapprove the request for an to data emissions in certain amateur Service. Specifically, we propose to
extension of time and will notify all bands. We believe that this rule change remove limitations on the symbol rate
parties in writing of its decision. will allow amateur service licensees to (also known as baud rate)—the rate at
use modern digital emissions, thereby which the carrier waveform amplitude,
§ 10.23 Final agency decision. better fulfilling the purposes of the frequency, and/or phase is varied to
(a) The 340B ADR Panel will review amateur service and enhancing its transmit information—applicable to
documents submitted by the parties and usefulness. data emissions in certain amateur
determine if there is adequate support to bands. We believe that this rule change
DATES: Submit comments on or before will allow amateur service licensees to
conclude that a violation as described in October 11, 2016, and reply comments
paragraph (a)(1) or (2) of § 10.21 has use modern digital emissions, thereby
are due on or before November 10, 2016. better fulfilling the purposes of the
occurred.
ADDRESSES: You may submit comments, amateur service and enhancing its
(1) The 340B ADR Panel will prepare identified by WT Docket No. 16–239, by usefulness.
a draft agency decision letter based on any of the following methods:
its review and evaluation of all • Federal Communications II. Background
documents submitted by the parties, Commission’s Web site: http:// 2. The limitations on radioteletype
including documents provided as apps.fcc.gov/ecfs/. Follow the (RTTY) and data transmissions below
required in paragraph (b) of § 10.21, instructions for submitting comments. 450 MHz vary depending on the
information requests in support of a • Mail: Federal Communications frequency band, and on whether the
claim, and responses to a claim. Commission, 445 12th Street SW., digital code used to encode the signal
(2) The draft agency decision letter being transmitted is one of the codes
ehiers on DSK5VPTVN1PROD with PROPOSALS
Washington, DC 20554.
will be sent to all parties and will • People with Disabilities: Contact the specified in section 97.309(a) of the
include the 340B ADR Panel’s FCC to request reasonable Commission’s rules—Baudot, AMTOR,
preliminary findings regarding the accommodations (accessible format and ASCII (the ‘‘specified digital
alleged violation. documents, sign language interpreters, codes’’). Section 97.307(f) limits the
(3) All parties will have 20 business CART, etc.) by email: FCC504@fcc.gov symbol rate for the specified digital
days to respond to the 340B ADR or phone: 202–418–0530 or TTY: 202– codes, and the bandwidth for
Panel’s draft agency decision letter. 418–0432. unspecified digital codes, as follows:
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The specified digital codes may be used ‘‘[t]he rest of the amateur radio Petition. ARRL cites the 60 meter band
with a symbol rate not exceeding 300 operators in the world do not have this as precedent for imposing a 2.8
bauds for frequencies below 28 MHz restrictive symbol rate requirement that kilohertz bandwidth limitation on data
(except the 60 meter (5.3305–5.4064 is in the current part 97’’ and emissions, which ARRL states ‘‘would
MHz) band), and 1200 bauds in the 10 eliminating this restriction will allow accommodate the HF data emissions
meter (28–29.7 MHz) band; in the 6 the Emergency Communications that are in common use today.’’ The
meter (50–54 MHz) and 2 meter (144– Community to ‘‘benefit by being better commenters who support eliminating
148 MHz) bands, the specified digital able to meet its mission.’’ Many the baud rate restriction also generally
codes may be used with a symbol rate commenters cite permitting PACTOR 4 agree with the ARRL’s requested 2.8
not exceeding 19.6 kilobauds, and at HF as a reason for changing the rule, kilohertz bandwidth limitation, but
unspecified digital codes may be used particularly to facilitate more efficient others who support eliminating the
with a bandwidth not exceeding 20 transmission of emergency baud rate restriction favor a narrower
kilohertz; in the 1.25 meter (219–225 communications. Other commenters, bandwidth limitation in order to protect
MHz) and 70 centimeter (420–450 MHz) however, are concerned that facilitating low-bandwidth modes of
bands, the specified digital codes may faster data throughput will actually communication.
be used with a symbol rate not increase congestion by encouraging the 7. After reviewing the record, we
exceeding 56 kilobauds, and transmission of larger amounts of data tentatively conclude that a specific
unspecified digital codes may be used and new types of content. bandwidth limitation for RTTY and data
with a bandwidth not exceeding 100 5. We tentatively agree that a baud emissions in the MF/HF bands is not
kilohertz. An amateur station rate restriction has become unnecessary necessary. We note that only the digital
transmitting a RTTY or data emission due to advances in modulation codes specified in section 97.309(a) may
using one of the specified digital codes techniques, and no longer serves a be used for MF/HF data emissions, and
may use any technique whose technical useful purpose. Our rules do not impose our rules do not impose any specific
characteristics have been documented a symbol rate limit on data emissions in bandwidth limitation on use of the
publicly, such as CLOVER, G–TOR, or any other amateur bands or in any other specified digital codes in any frequency
PACTOR, for the purpose of facilitating radio service. In addition, removing the band other than the 60 meter band. The
communications. baud rate restriction could encourage 60 meter band cited by ARRL is a
individuals to more fully utilize the special case, however, given that
III. Discussion amateur service in experimentation and amateur operators are permitted to
3. Symbol rate limit. We tentatively could promote innovation, more operate only on specific frequencies
agree with ARRL that the baud rate efficient use of the radio spectrum rather than across the entire band, and
limits should be eliminated, and currently allocated to the amateur are permitted to use only particular data
propose to amend part 97 accordingly. service, and the ability of the amateur and RTTY emission designators, in
As ARRL notes, digital emissions were service to support public safety efforts order to protect primary Federal voice
‘‘in their early stages and in the event of an emergency. operations in the band. Section
experimentation with them was Facilitating the ability of the amateur 97.307(a) of the Commission’s rules
limited’’ at that time, and ‘‘the state of service to transmit and experiment with already provides that no amateur station
the art in HF digital communications technologies currently used in transmission shall occupy more
has advanced substantially’’ since then. consumer and commercial products bandwidth than necessary for the
Indeed, the Commission observed in furthers this goal. Consequently, we information rate and emission type
1993 that ‘‘as technology progresses the propose to remove the baud rate limits being transmitted, in accordance with
rules may become unnecessarily in section 97.307(f). We seek comment good amateur practice, and section
restrictive, particularly with regard to on this proposal. In particular, we seek 97.307(c) already prohibits interference
the permissible baud rate.’’ For comment on whether eliminating the from spurious emissions (i.e., emissions
example, ARRL points out that PACTOR baud rate limits would improve amateur outside the necessary bandwidth). The
3, which has a data rate of up to 3600 communications, or would instead methods to be used in calculating the
bits per second and a symbol rate of 100 increase congestion. Regarding the necessary bandwidth of various
bauds, is permitted in the HF bands; but likelihood that eliminating the baud rate emissions are specified in section 2.202
PACTOR 4, which is capable of a data limitation would increase congestion, of the Commission’s rules. We
rate of 5800 bits per second without we seek comment on whether the costs tentatively conclude that such rules are
occupying any more spectrum, is of such an increase are outweighed by sufficient to help protect against
prohibited at HF by the current rules the benefits that are likely to flow from inefficient use or other abuse of the
because it has a symbol rate of 1800 the elimination of the limits, and spectrum identified by commenters, and
bauds. Thus, ARRL argues, the current whether there are ways to mitigate these will accomplish ARRL’s stated reason
baud rate limits permit, if not actually costs without losing the benefits of the for proposing a bandwidth limitation of
encourage, inefficient spectrum proposed initiative. More generally, we facilitating sharing among amateur
utilization. seek comment on whether there are licensees.
4. Many commenters agree that the other costs and benefits to the proposal 8. We also observe that while a 2.8
baud rate restriction should be and, when weighing all the factors, kilohertz bandwidth limitation would
eliminated, and we seek comment on whether the benefits of the proposal accommodate HF data emissions that
the reasons supporting such a view. For outweigh its costs. Commenters are in common use today, such a
example, one commenter states that
ehiers on DSK5VPTVN1PROD with PROPOSALS
opposed to eliminating the baud rate limitation could, at the same time,
‘‘part of the purpose of the amateur limits should also explain whether their undermine the goal—fundamental to the
radio service is the advancement of concerns relate to all of the bands at amateur service—of encouraging
radio and communications technology. issue, or only certain spectrum. advances in technology if amateur radio
Denying the ability to research and 6. We decline, however, to propose to operators were thereby prevented from
implement higher symbol rates directly add a 2.8 kilohertz bandwidth limitation stepping beyond today’s radio science.
contradicts the very purpose for amateur for RTTY and data emissions in the MF/ Imposing a maximum bandwidth would
radio.’’ Another commenter notes that HF bands as requested by the ARRL result in a loss of flexibility to develop
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■ 3. Section 97.307 is amended by DATES: Comments: We will accept predictions derived from long-term
revising paragraph (f)(3), removing and comments on this proposed rule and biological information and established
reserving paragraph (f)(4), and revising any subsequent proposed rules resulting harvest strategies to establish migratory
paragraphs (f)(5) and (6) to read as from upcoming SRC meetings until bird hunting seasons much earlier than
follows: January 15, 2017. the system we used for many years.
Meetings: The SRC will meet to Under the new process, we develop
§ 97.307 Emission standards. consider and develop proposed proposed hunting season frameworks
* * * * * regulations for the 2017–18 migratory for a given year in the fall of the prior
(f) * * * game bird hunting seasons on October year. We then finalize those frameworks
(3) Only an RTTY or data emission 25–26, 2016. Meetings on both days will a few months later, thereby enabling the
using a specified digital code listed in commence at approximately 8:30 a.m. State agencies to select and publish
§ 97.309(a) of this part may be their season dates in early summer. We
ADDRESSES: You may submit comments
transmitted. provided a detailed overview of the new
(4) [Reserved] on the proposals by one of the following
(5) An RTTY, data or multiplexed methods: process in the June 10, 2016, Federal
emission using a specified digital code • Federal eRulemaking Portal: http:// Register (81 FR 38050). This proposed
listed in § 97.309(a) of this part may be www.regulations.gov. Follow the rule is the second in a series of
transmitted. An RTTY, data or instructions for submitting comments proposed and final rules for the
multiplexed emission using an on Docket No. FWS–HQ–MB–2016– establishment of the 2017–18 hunting
unspecified digital code under the 0051. seasons.
limitations listed in § 97.309(b) of this • U.S. mail or hand-delivery: Public Service Migratory Bird Regulations
part also may be transmitted, provided Comments Processing, Attn: FWS–HQ– Committee Meetings
the bandwidth does not exceed 20 kHz. MB–2016–0051; Division of Policy,
Performance, and Management The SRC will meet October 25–26,
(6) An RTTY, data or multiplexed
Programs; U.S. Fish and Wildlife 2016, to review information on the
emission using a specified digital code
Service, MS: BPHC; 5275 Leesburg Pike, current status of migratory game birds
listed in § 97.309(a) of this part may be
Falls Church, VA 22041. and develop 2017–18 migratory game
transmitted. An RTTY, data or
We will not accept emailed or faxed bird regulations recommendations for
multiplexed emission using an
comments. We will post all comments these species. In accordance with
unspecified digital code under the
on http://www.regulations.gov. This Departmental policy, these meetings are
limitations listed in § 97.309(b) of this
generally means that your entire open to public observation. You may
part also may be transmitted, provided
submission—including any personal submit written comments to the Service
the bandwidth does not exceed 100 kHz.
identifying information—will be posted on the matters discussed.
* * * * *
[FR Doc. 2016–19085 Filed 8–11–16; 8:45 am]
on the Web site. See the Public Announcement of Flyway Council
Comments section, below, for more Meetings
BILLING CODE 6712–01–P
information.
Meetings: The October 25–26, 2016, Service representatives will be
SRC meeting will be at the U.S. Fish and present at the individual meetings of the
DEPARTMENT OF THE INTERIOR Wildlife Service, 5600 American four Flyway Councils this August,
Boulevard, Bloomington, MN 55437. September, and October. Although
Fish and Wildlife Service agendas are not yet available, these
FOR FURTHER INFORMATION CONTACT: Ron
meetings usually commence at 8 a.m. on
50 CFR Part 20 W. Kokel at: Division of Migratory Bird
the days indicated.
Management, U.S. Fish and Wildlife Atlantic Flyway Council: October 6–7,
[Docket No. FWS–HQ–MB–2016–0051; Service, Department of the Interior, MS:
FF09M21200–156–FXMB1231099BPP0] 2016, Hyatt Regency, 225 East Coastline
MB, 5275 Leesburg Pike, Falls Church, Drive, Jacksonville, FL.
RIN 1018–BB40 VA 22041; (703) 358–1714. Mississippi Flyway Council: August
SUPPLEMENTARY INFORMATION: 25–26, 2016, Hyatt Regency, 311 South
Migratory Bird Hunting; Supplemental
Proposals for Migratory Game Bird New Process for the Annual Migratory 4th Street, Louisville, KY.
Game Bird Hunting Regulations Central Flyway Council: September
Hunting Regulations for the 2017–18
22–23, 2016, Sheraton Steamboat
Hunting Season; Notice of Meetings As part of the Department of the Resort, 2200 Village Inn Court,
AGENCY: Fish and Wildlife Service, Interior’s retrospective regulatory Steamboat Springs, CO.
Interior. review, we developed a schedule for Pacific Flyway Council: September 30,
ACTION: Proposed rule; supplemental. migratory game bird hunting regulations 2016, Sun Valley Resort, 1 Sun Valley
that is more efficient and provides Road, Sun Valley, ID.
SUMMARY: We, the U.S. Fish and hunting season dates much earlier than
Wildlife Service (Service), proposed in was possible under the old process. The Regulatory Schedule for 2017–18
an earlier document this year to new process makes planning much On June 10, 2016, we published a
establish annual hunting regulations for easier for the States and all parties proposal to amend title 50 of the Code
certain migratory game birds for the interested in migratory bird hunting. of Federal Regulations (CFR) at part 20
2017–18 hunting season. This Beginning last year with the (81 FR 38050). The proposal provided a
supplement to that proposed rule development of the 2016–17 hunting background and overview of the
ehiers on DSK5VPTVN1PROD with PROPOSALS
provides the regulatory alternatives for seasons, we are using a new schedule migratory bird hunting regulations
the 2017–18 duck hunting seasons, for establishing our annual migratory process, and addressed the
announces the Service Migratory Bird game bird hunting regulations. We establishment of seasons, limits, and
Regulations Committee (SRC) and combine the previously used early- and other regulations for hunting migratory
Flyway Council meetings, and provides late-season regulatory processes into a game birds under §§ 20.101 through
Flyway Council recommendations single process, and make decisions for 20.107, 20.109, and 20.110 of subpart K.
resulting from their March meetings. harvest management based on This document is the second in a series
VerDate Sep<11>2014 14:23 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\12AUP1.SGM 12AUP1](https://thefederalregister.org/doc/81_FR_53544/page/4.svg)
Document Created: 2018-02-09 11:33:13
Document Modified: 2018-02-09 11:33:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Submit comments on or before October 11, 2016, and reply comments are due on or before November 10, 2016. | |
| Contact | Scot Stone, [email protected], Wireless Telecommunications Bureau, (202) 418-0638, or TTY (202) 418- 7233. | |
| FR Citation | 81 FR 53388 |
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