Part 97 : Sec. 97.1 Basis and Purpose
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The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles:
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Part 97 : Sec. 97.3 Definitions
(a) The definitions of terms used in part 97 are:
(b) The definitions of technical symbols used in this part are: (c) The following terms are used in this part to indicate emission types. Refer to Sec. 2.201 of the FCC Rules, Emission, modulation and transmission characteristics, for information on emission type designators.
[54 FR 25857, June 20, 1989, as amended at 56 FR 29, Jan. 2, 1991; 56 FR 56171, Nov. 1, 1991; 59 FR 18975, Apr. 21, 1994; 60 FR 7460, Feb. 8, 1995; 62 FR 17567, Apr. 10, 1997] Section 97.3(a)17 deleted |
Part 97 : Sec. 97.5 Station license required
(a)
The station apparatus must be under the physical control of a person named in an amateur station license grant on the ULS consolidated license database or a person authorized for alien reciprocal operation by
of this Part, before the station may transmit on any amateur service frequency from any place that is:
(1) Within 50 km of the Earth's surface and at a place where the amateur service is regulated by the FCC;
(2) Within 50 km of the Earth's surface and aboard any vessel or craft that is documented or registered in the United States; or
(3) More than 50 km above the Earth's surface aboard any craft that is documented or registered in the United States.
(b) The types of station license grants are:
(1) An operator/primary station license. One, but only one, operator/primary station license grant may be held by any one person. The primary station license is granted together with the amateur operator license. Except for a representative of a foreign government, any person who qualifies by examination is eligible to apply for an operator/primary station license.
(2) A club station license. A club station license is granted only to the person who is the license trustee designated by an officer of the club. The trustee must be a person who has been granted an Amateur Extra, Advanced, General, Technician Plus, or Technician operator license grant. The club must be composed of at least four persons and must have a name, a document of organization, management, and a primary purpose devoted to amateur service activities consistent with this part.
(3) A military recreation station license grant. A military recreation station license grant may be held only by the person who is the license custodian designated by the official in charge of the United States military recreational premises where the station is situated. The person must not be a representative of a foreign government. The person need not have been granted an amateur operator license.
(4) A RACES station license grant. A RACES station license grant may be held only by the person who is the license custodian designated by the official responsible for the governmental agency served by that civil defense organization. The custodian must be the civil defense official responsible for coordination of all civil defense activities in the area concerned. The custodian must not be a representative of a foreign government. The custodian need not have been granted an amateur operator license grant.
(c) The person named in the station license grant or who is authorized for alien reciprocal operation by § 97.107 of this Part may use, in accordance with the applicable rules of this Part, the transmitting apparatus under the physical control of the person at places where the amateur service is regulated by the FCC.
(d) A CEPT radio-amateur license is issued to the person by the country of which the person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than the balance of the license term and the suspension is still in effect, suspended for the balance of the license term and relicensing has not taken place, or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to amateur service operation and which is still in effect.
(e) An IARP is issued to the person by the country of which the person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than the balance of the license term and the suspension is still in effect, suspended for the balance of the license term and relicensing has not taken place, or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to amateur service operation and which is still in effect.
[59 FR 54831, Nov. 2, 1994, as amended at 62 FR 17567, Apr. 10, 1997]
Part 97 : Sec. 97.7 Control operator required
When transmitting, each amateur station must have a control operator. The control operator must be a person:
[59 FR 54832, Nov. 2, 1994] |
Part 97 : Sec. 97.107 Alien control operator privileges
A non-citizen of the United States ("Alien") holding an amateur service authorization granted by the alien's government is authorized to be the control operator of an amateur station located at places where the amateur service is regulated by the FCC, provided there is in effect a multilateral or bilateral reciprocal operating arrangement, to which the United Sates and the alien's government are parties, for amateur service operation on a reciprocal basis. The FCC will issue public announcements listing the countries with which the United States has such an agreement. No citizen of the United States or person holding an FCC amateur operator/primary station license grant is eligible for the reciprocal operating authority granted by this section. The privileges granted to a control operator under this authorization are:
For an amateur service license granted by the Government of Canada:
(1) The terms of the Convention Between the United States and Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country;
(2) The operating terms and conditions of the amateur service license issued by the Government of Canada; and
(3) The applicable provisions of this part, but not to exceed the control operator privileges of an FCC-issued Amateur Extra Class operator license.
(b) For an amateur service license granted by any country, other than Canada, with which the United States has a multilateral or bilateral agreement:
(1) The operating terms of the agreement between the alien's government and the United States;
(2) The operating terms and conditions of the amateur service license granted by the alien's government;
(3) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license.
(c) At any time the FCC may, in its discretion, modify, suspend, or cancel the reciprocal operating authority granted to any person by this section.
Part 97 : Sec. 97.9 Operator license.
| (a) The classes of amateur operator licenses are: Novice, Technician, Technician Plus (until such licenses expire, a Technician Class license granted before February 14, 1991, is considered a Technician Plus Class license), General, Advanced, and Amateur Extra. The person named in the operator license grant is authorized to be the control operator of an amateur station with the privileges of the operator class specified on the license grant. (b) The person named in an operator license grant of Novice, Technician, Technician Plus, General or Advanced Class, who has properly submitted to the administering VEs a FCC Form 605 document requesting examination for an operator license grant of a higher class, and who holds a CSCE indicating that the person has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until final disposition of the application or until 365 days following the passing of the examination, whichever comes first. |
Part 97 : Sec. 97.11 Stations aboard ships or aircraft.
| (a) The installation and operation of an amateur station on a ship or aircraft must be approved by the master of the ship or pilot in command of the aircraft. (b) The station must be separate from and independent of all other radio apparatus installed on the ship or aircraft, except a common antenna may be shared with a voluntary ship radio installation. The station's transmissions must not cause interference to any other apparatus installed on the ship or aircraft. (c) The station must not constitute a hazard to the safety of life or property. For a station aboard an aircraft, the apparatus shall not be operated while the aircraft is operating under Instrument Flight Rules, as defined by the FAA, unless the station has been found to comply with all applicable FAA Rules. |
Part 97 : Sec. 97.13 Restrictions on station location.
(a)
Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by Sec. 1.1305-1.1319 of the FCC Rules.
(b) A station within 1600 m (1 mile) of an FCC monitoring facility must protect that facility from harmful interference. Failure to do so could result in imposition of operating restrictions upon the amateur station by an EIC pursuant to Sec. 97.121 of this part. Geographical coordinates of the facilities that require protection are listed in Sec. 0.121 (c) of this chapter.
(c) Before causing or allowing an amateur station to transmit from any place where the operation of the station could cause human exposure to RF electromagnetic field levels in excess of those allowed under Sec. 1.1310 of this chapter, the licensee is required to take certain actions.
(1) The licensee must perform the routine RF environmental evaluation prescribed by Sec. 1.1307 (b) of this chapter, if the power of the licensee's station exceeds the limits given in the following table:
| ? | Wavelength Band | Evaluation Required if Power* (watts) Exceeds |
| MF | 160 meters | 500 |
| HF | 80 meters | 500 |
| 75 meters | 500 | |
| ? | 40 meters | 500 |
| ? | 30 meters | 425 |
| ? | 20 meters | 225 |
| ? | 17 meters | 125 |
| ? | 15 meters | 100 |
| ? | 12 meters | 75 |
| ? | 10 meters | 50 |
| VHF | All bands | 50 |
| UHF | 70 cm | 70 |
| ? | 33 cm | 150 |
| ? | 23 cm | 200 |
| ? | 13 cm | 250 |
| SHF | All bands | 250 |
| EHF | All bands | 250 |
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Repeater |
All bands |
?non-building mounted antennas: height above ground level to lowest point of antenna < 10 m and power > 500 W ERP |
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* Power = PEP input to antenna except, for repeater stations only, power exclusion is based on ERP (effective radiated power). |
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?(2) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the limits contained in ? 1.1310 of this chapter in accessible areas, the licensee must take action to prevent human exposure to such RF electromagnetic fields. Further information on evaluating compliance with these limits can be found in the FCC's OET Bulletin Number 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields."
[54 FR 25857, June 20, 1989, as amended at 55 FR 20398, May 16, 1990; 61 FR 41019, Aug. 7, 1996; 62 FR 47963, Sept. 12, 1997; 62 FR 49557, Sept. 22, 1997; 62 FR 61448, Nov. 18, 1997]
Part 97 : Sec. 97.15 Station antenna structures.
| (a) Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the Federal Aviation Administration and register with the Commission as required by Part 17 of this chapter.
(b) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. [State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. See PRB-1, 101 FCC 2d 952
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Part 97 : Sec. 97.17 Application for a new license grant.
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(a) Any qualified person is eligible to apply for a new operator/ primary station, club station or military recreation station license grant. No new license grant will be issued for a Novice, Technician Plus, or Advanced Class operator/primary station or a RACES station. (b) Each application for a new amateur service license grant must be filed with the FCC as follows:
(c) No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an amateur service license grant by fraudulent means. (d) One unique call sign will be shown on the license of each new primary, club, and military recreation station. The call sign will be selected by the sequential call sign system.
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Part 97 : Sec. 97.19 Application for a vanity call sign.
(a) The person named in an operator/primary station license grant or in a club station license grant is eligible to make application for modification of the license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system. RACES and military recreation stations are not eligible for a vanity call sign.
(b) Each application for a modification of an operator/primary or club station license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system must be filed in accordance with § 1.913 of this chapter.
(c) Unassigned call signs that are available to the vanity call sign system with the following exceptions:
(1) A call sign shown on an expired license is not available to the vanity call sign system for 2 years following the expiration of the license.
(2) A call sign shown on a surrendered, revoked, set aside, cancelled, or voided license is not available to the vanity call sign system for 2 years following the date such action is taken.
(3) Except for an applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and except for an applicant who is a club station license trustee acting with the written consent of at least one relative, as listed above, of a person now deceased, the call sign shown on the license of a person now deceased is not available to the vanity call sign system for 2 years following the person's death, or for 2 years following the expiration of the license, whichever is sooner.
(d) The vanity call sign requested by an applicant must be selected from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system.
(1) The applicant must request that the call sign shown on the current license grant be vacated and provide a list of up to 25 call signs in order of preference.
(2) The first assignable call sign from the applicant's list will be shown on the license grant. When none of those call signs are assignable, the call sign vacated by the applicant will be shown on the license grant.
(3) Vanity call signs will be selected from those call signs assignable at the time the application is processed by the FCC.
(4) A call sign designated under the sequential call sign system for Alaska, Hawaii, Caribbean Insular Areas, and Pacific Insular areas will be assigned only to a primary or club station whose licensee's mailing address is in the corresponding state, commonwealth, or island. This limitation does not apply to an applicant for the call sign as the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the former holder now deceased.
[60 FR 7460, Feb. 8, 1995, as amended at 60 FR 50123, Sept. 28, 1995; 60 FR 53132, Oct. 12, 1995]
Part 97 : Sec. 97.21 Application for a modified or renewed license
(a) A person holding a valid amateur station license grant:
(1) Must apply for a modification of the license grant as necessary to show the correct mailing address, licensee name, club name, license trustee name, or license custodian name in accordance with §1.913 of this chapter. For a club, military recreation, or RACES station license grant, it must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file..
(2) May apply to the FCC for a modification of the operator/primary station license grant to show a higher operator class. Applicants must present the administering VEs with all information required by the rules prior to the examination. The VEs may collect all necessary information in any manner of their choosing, including creating their own forms.
(3) May apply to the FCC for renewal of the license grant for another term in accordance with §1.913 of this chapter. Application for renewal of a Technician Plus Class operator/primary station license will be processed as an application for renewal of a Technician Class operator/primary station license.
(i) For a station license grant showing a call sign obtained through the vanity call sign system, the application must be filed in accordance with §97.19 of this part in order to have the vanity call sign reassigned to the station.
(ii) For a primary station license grant showing a call signed obtained through the sequential call sign system, and for a primary station license grant showing a call sign obtained through the vanity call sign system but whose grantee goes not want to have the call sign reassigned to the station, the application must be filed with the FCC in accordance with §1.913 of this chapter. When the application has been received by the FCC on or before the license expiration date, the license operating authority is continued until the final disposition of the application.
(iii) For a club station or military recreation station license grant showing a call sign obtained through the sequential call sign system, and for a club or military recreation station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the collected information for at least 15 months and make it available to the FCC upon request. RACES station license grants will not be renewed.
(b) A person whose amateur station license grant has expired, may apply for renewal of the license grant for another term during a 2 year filing grace period. The application must be received at the address specified above prior to the end of the grace period. Unless and until the license is renewed, no privileges in this part are conferred.
(c) A call sign obtained under the sequential or vanity call sign system will be reassigned to the station upon renewal or modification of a station license.
[59 FR 54832, Nov. 2, 1994, as amended at 60 FR 7461, Feb. 8, 1995; 60 FR 53133, Oct. 12, 1995; 61 FR 21386, May 10, 1996]
Part 97 : Sec. 97.23 Mailing address.
Each license grant must show the grantee's correct name and mailing address. The mailing address must be in an area where the amateur service is regulated by the FCC and where the grantee can receive mail delivery by the United States Postal Service. Revocation of the station license or suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the grantee failed to provide the correct mailing address.
[59 FR 54833, Nov. 2, 1994]
Part 97 : Sec. 97.25 License term.
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(a) An amateur service license is normally granted for a 10-year term. [59 FR 54833, Nov. 2, 1994] |
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Part 97 : Sec. 97.27 FCC modification of station license
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(a) The FCC may modify a station license grant, either for a limited time or for the duration of the term thereof, if it determines:
(b) When the FCC makes such a determination, it will issue an order of modification. The order will not become final until the licensee is notified in writing of the proposed action and the grounds and reasons therefor. The licensee will be given reasonable opportunity of no less than 30 days to protest the modification; except that, where safety of life or property is involved, a shorter period of notice may be provided. Any protest by a licensee of an FCC order of modification will be handled in accordance with the provisions of 47 U.S.C. 316. [59 FR 54833, Nov. 2, 1994] |