FCC Web Documents citing 97.105

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.txt
  • forwarding stations. Examples of message forwarding systems in the amateur service include linked repeater systems and packet radio message forwarding systems. See 47 C.F.R. § 97.3(a)(7). See 47 C.F.R. § 97.213(a). See 47 C.F.R. § 97.3(a)(41). ``Telecommand,'' or remote control, is a one-way transmission to initiate, modify or terminate functions of a device at a distance. See 47 C.F.R. § 97.105. The control operator ensures proper operation of the station in accordance with the privileges authorized in the license. See 47 C.F.R. § 97.213(a). See 47 C.F.R. § 97.201(b). Auxiliary stations do not have authorization to use the 219-220 MHz, 222.000-222.150 MHz, 431-433 MHz and 435-438 MHz frequency segments. ``Harmful interference'' is interference which endangers the functioning of a radionavigation service
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1662A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1662A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1662A1.txt
  • a distance. 47 C.F.R. § 97.3(a)(41). See 47 C.F.R. § 97.213. The duties of the control operator are to insure the immediate proper operation of the station and to operate the station only in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator. See 47 C.F.R. § 97.105. See 47 C.F.R. § 97.213. A message forwarding system is a group of amateur stations participating in a voluntary, cooperative, interactive arrangement where communications are sent from the control operator of an originating station to the control operator of one or more destination stations by one or more forwarding stations. 47 C.F.R. § 97.3(a)(31). 47 C.F.R. § 97.3(a)(7). 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.txt
  • 29, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Glenn A. Baxter (``Baxter''), licensee of Amateur Radio Station K1MAN, for willful and repeated violation of Sections 97.101(d) and 97.113(a)(3) of the Commission's Rules (``Rules''), for willful violation of Section 97.105(a) and 97.113(b) of the Rules, and for willful and repeated failure to file required information pursuant to an Enforcement Bureau (``Bureau'') directive. The noted violations of the Rules involve interference with the ongoing communications of other Amateur radio stations, failure to exercise station control, transmission of communications in which Baxter had a pecuniary interest, and transmission of communications that constituted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1.txt
  • channel, and nothing in the rules prohibits other amateur stations from using the channels for which a repeater has been coordinated when they are not being used by the repeater. Section 97.205(e) merely enables a repeater licensee or control operator to control the repeater, so that he or she can ensure the repeater is properly operated as required by Section 97.105(a). Accordingly, there is no conflict between the rules, and no grounds for the Commission to propose to amend Section 97.105(a). Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.407 of the Commission's Rules, 47 C.F.R. § 1.407, the petition for rulemaking submitted by Murray Green
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1_Rcd.pdf
  • channel, and nothing in the rules prohibits other amateur stations from using the channels for which a repeater has been coordinated when they are not being used by the repeater. Section 97.205(e) merely enables a repeater licensee or control operator to control the repeater, so that he or she can ensure the repeater is properly operated as required by Section 97.105(a).6Accordingly, there is no conflict between the rules, and no grounds for the Commission to propose to amend Section 97.105(a). 1Petition by Murray Green, Amateur Radio Operator, K3BEQ (filed Mar. 24, 2009) (Petition). 247 C.F.R. § 97.205(e). 3See 47 C.F.R. § 97.101(b). 4Petitionat 1. You argue that Section 97.205(e) permits "a pay for use policy in the AmateurRadio Service, enables user
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1.txt
  • transmitting the pre-recorded seventy-minute interview about Baxter Associates, during which there was no station identification. Lastly, because Baxter's station repeated the same pre-recorded phrase, and segments thereof, for forty-five minutes on December 19, 2004, after which the transmissions ended abruptly without station identification, the Bureau concluded that Baxter did not exercise control of his station, thereby apparently willfully violating Section 97.105(a) of the Rules. Baxter filed the above-captioned application to renew the license for Station K1MAN on July 22, 2005. On March 29, 2006, the Bureau issued a monetary forfeiture to Baxter, as proposed in the NAL. The instant proceeding pertains to the pending renewal application, and addresses whether, in light of events subsequent to the issuance of the Forfeiture Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1_Rcd.pdf
  • the pre-recorded seventy- minute interview about Baxter Associates, during which there was no station identification. Lastly, because Baxter's station repeated the same pre-recorded phrase, and segments thereof, for forty-five minutes on December 19, 2004, after which the transmissions ended abruptly without station identification, the Bureau concluded that Baxter did not exercise control of his station, thereby apparently willfully violating Section 97.105(a) of the Rules.13 8. Baxter filed the above-captioned application to renew the license for Station K1MAN on July 22, 2005.14 On March 29, 2006, the Bureau issued a monetary forfeiture to Baxter, as proposed in the NAL.15The instant proceeding pertains to the pending renewal application, and addresses whether, in light of events subsequent to the issuance of the Forfeiture Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259301A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259301A1.pdf
  • violation of Section 97.113(a)(3) of the Rules. We find that Mr. Baxter apparently willfully and repeatedly failed to file requested information pursuant to an Enforcement Bureau (``Bureau'') directive. We further find that Mr. Baxter apparently willfully engaged in broadcasting in violation of 97.113(b) of the Rules and apparently willfully failed to exercise control of his station in violation of Section 97.105(a) of the Rules. BACKGROUND Mr. Baxter has a license to operate an amateur radio station, call sign K1MAN. Mr. Baxter also is executive director of the American Amateur Radio Association (``AARA''), which has a website at www.K1MAN.com. Mr. Baxter uses his amateur station to advertise his website, which offers items for sale, including an annual newsletter published by ``Glenn Baxter,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269814A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269814A1.pdf
  • a. 47 C.F.R. § Section 97.7: ``When transmitting, each amateur station must have a control operator.'' At the time of the inspection, the amateur radio station N7FGF was found unattended, the radio model Alinco DR-599, serial number 0001949 was locked in a room located on 6th floor of the Sacred Heart Medical Center, Eugene, Oregon. b. 47 C.F.R § Section 97.105(a): ``The control operator must ensure the immediate proper operation of the station, regardless of the type of control.'' At the time of the inspection, the referenced transmitter above was transmitting an unmodulated carrier on frequency 146.38 MHz. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Johnnie Bergman, N7FGF, must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314009A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314009A1.pdf
  • minutes during communication, for the purpose of clearly marking the source of transmissions from station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to that station.'' Agents observed numerous unidentified transmissions from radio station N3XJT operated by Theodore Wallace. 47 C.F.R. § 97.105(a): ``The control operator must ensure the immediate proper operation of the station, regardless of the type of control.'' On April 18, 2012, Mr. Wallace admitted to a FCC Columbia Office agent that due to equipment failure he was unable to remotely control transmitter and does not have direct access to the site. Pursuant to Section 308(b) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.txt
  • forwarding stations. Examples of message forwarding systems in the amateur service include linked repeater systems and packet radio message forwarding systems. See 47 C.F.R. § 97.3(a)(7). See 47 C.F.R. § 97.213(a). See 47 C.F.R. § 97.3(a)(41). ``Telecommand,'' or remote control, is a one-way transmission to initiate, modify or terminate functions of a device at a distance. See 47 C.F.R. § 97.105. The control operator ensures proper operation of the station in accordance with the privileges authorized in the license. See 47 C.F.R. § 97.213(a). See 47 C.F.R. § 97.201(b). Auxiliary stations do not have authorization to use the 219-220 MHz, 222.000-222.150 MHz, 431-433 MHz and 435-438 MHz frequency segments. ``Harmful interference'' is interference which endangers the functioning of a radionavigation service
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.txt
  • refer to the segment of an amateur service band used for narrow bandwidth emission types as the "CW segment" of the band because this frequency segment is used for, among other things, Morse code telegraphy emissions. The frequency segment authorized for voice or image emissions is commonly referred to as the "phone segment" of the band. See 47 C.F.R. §§ 97.105(b), 97.301. See 47 C.F.R. §§ 97.301, 97.305. See 47 C.F.R. § 97.305(c). 47 C.F.R. § 97.301(b). 47 C.F.R. § 97.301(c). 47 C.F.R. § 97.301(d). See 47 C.F.R. § 97.305(c). 47 C.F.R. § 97.301(b), (c). 47 C.F.R. § 97.301(d). See 47 C.F.R. § 97.305(c). 47 C.F.R. § 97.301(b). 47 C.F.R. § 97.301(c). 47 C.F.R. § 97.301(d). Technician Class licensees who have
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1_Erratum.doc
  • refer to the segment of an amateur service band used for narrow bandwidth emission types as the "CW segment" of the band because this frequency segment is used for, among other things, Morse code telegraphy emissions. The frequency segment authorized for voice or image emissions is commonly referred to as the "phone segment" of the band. See 47 C.F.R. §§ 97.105(b), 97.301. See 47 C.F.R. §§ 97.301, 97.305. See 47 C.F.R. § 97.305(c). 47 C.F.R. § 97.301(b). 47 C.F.R. § 97.301(c). 47 C.F.R. § 97.301(d). See 47 C.F.R. § 97.305(c). 47 C.F.R. § 97.301(b), (c). 47 C.F.R. § 97.301(d). See 47 C.F.R. § 97.305(c). 47 C.F.R. § 97.301(b). 47 C.F.R. § 97.301(c). 47 C.F.R. § 97.301(d). Technician Class licensees who have
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-189A1.txt
  • at 5. J. Hoge Comments at 1; see also ARRL Comments at 11 ("the practical effect of this ... would be minimal, because few clubs will want a Novice class licensee to be the trustee of their club station [due to] cumbersome station identification requirements when the station is operated outside the trustee's operating privileges"). See 47 C.F.R. §§ 97.9(a), 97.105(b). See also Stephen J. Melachrinos Comments at 3 (if the restriction on operating privileges ``is acceptable to the licensee, there is no longer a reason for the Commission to restrict'' Novice Class licensees from being club station trustees); Fred Maia Comments at 11. See 47 C.F.R. § 97.5(b)(1). See NPRM, 24 FCC Rcd at 14794 ¶ 18. Id. See James
• http://transition.fcc.gov/eb/Orders/2006/DA-06-663A1.html
  • By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Glenn A. Baxter ("Baxter"), licensee of Amateur Radio Station K1MAN, for willful and repeated violation of Sections 97.101(d) and 97.113(a)(3) of the Commission's Rules ("Rules"), for willful violation of Section 97.105(a) and 97.113(b) of the Rules, and for willful and repeated failure to file required information pursuant to an Enforcement Bureau ("Bureau") directive. The noted violations of the Rules involve interference with the ongoing communications of other Amateur radio stations, failure to exercise station control, transmission of communications in which Baxter had a pecuniary interest, and transmission of communications that constituted
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992654.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992654.txt
  • Id. See 47 C.F.R. § 97.407(c). Public Notice, Petitions for Rulemaking Filed, Report No. 2206, June 19, 1997. Mr. Marshall King Comments at 1 (filed December 9, 1997). Id. at 3. Mr. Billy Geer Comments at 1 (filed July 25, 1997). See 47 C.F.R. § 97.1(a). See RACES R&O, 36 Rad. Reg. 2d (P&F) at 318. See 47 C.F.R. § 97.105(b). ARRL Petition at 11. See also RACES R&O, 36 Rad. Reg. 2d (P&F) at 322-323, where the Commission observed that there is nothing to prevent amateur stations registered in RACES from taking part in other organized and unorganized amateur activities and communicating with non-RACES amateur service stations in those contexts. See 1998 Biennial Regulatory Review -- Amendment of Part 97
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001662.doc
  • a distance. 47 C.F.R. § 97.3(a)(41). See 47 C.F.R. § 97.213. The duties of the control operator are to insure the immediate proper operation of the station and to operate the station only in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator. See 47 C.F.R. § 97.105. See 47 C.F.R. § 97.213. A message forwarding system is a group of amateur stations participating in a voluntary, cooperative, interactive arrangement where communications are sent from the control operator of an originating station to the control operator of one or more destination stations by one or more forwarding stations. 47 C.F.R. § 97.3(a)(31). 47 C.F.R. § 97.3(a)(7). 47 C.F.R.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060329.html
  • Report No: 2452A Released: 03/29/2006. WIRELESS TELECOMMUNICATIONS BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, DE FACTO TRANSFER LEASE APPLICATIONS AND SPECTRUM MANAGER LEASE NOTIFICATIONS ACTION. WTB [37]DOC-264542A1.pdf [38]DOC-264542A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- GLENN A. BAXTER. Issued a monetary forfeiture in the amount of $21,000 to Glenn A. Baxter, for violation of Sections 97.101(d), 97.113(a)(3), 97.105(a) and 97.113(b) of the Commission Rules, and for failure to file required information pursuant to a Bureau directive. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 03/27/2006 by Forfeiture Order. (DA No. 06-663). EB [39]DA-06-663A1.doc [40]DA-06-663A1.pdf [41]DA-06-663A1.txt KLFY, L.P., LAFAYETTE, LA. Notified KLFY, L.P. of its Apparent Liability for Forfeiture in the amount of $10,000 for its apparent willful
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-259301A1.html
  • violation of Section 97.113(a)(3) of the Rules. We find that Mr. Baxter apparently willfully and repeatedly failed to file requested information pursuant to an Enforcement Bureau (``Bureau'') directive. We further find that Mr. Baxter apparently willfully engaged in broadcasting in violation of 97.113(b) of the Rules3 and apparently willfully failed to exercise control of his station in violation of Section 97.105(a) of the Rules.4 II. BACKGROUND 2. Mr. Baxter has a license to operate an amateur radio station, call sign K1MAN. Mr. Baxter also is executive director of the American Amateur Radio Association (``AARA''), which has a website at www.K1MAN.com. Mr. Baxter uses his amateur station to advertise his website, which offers items for sale, including an annual newsletter published by
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-269814A1.html
  • a. 47 C.F.R. S Section 97.7: "When transmitting, each amateur station must have a control operator." At the time of the inspection, the amateur radio station N7FGF was found unattended, the radio model Alinco DR-599, serial number 0001949 was locked in a room located on 6^th floor of the Sacred Heart Medical Center, Eugene, Oregon. b. 47 C.F.R S Section 97.105(a): "The control operator must ensure the immediate proper operation of the station, regardless of the type of control." At the time of the inspection, the referenced transmitter above was transmitting an unmodulated carrier on frequency 146.38 MHz. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Johnnie Bergman, N7FGF,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-314009A1.html
  • during communication, for the purpose of clearly marking the source of transmissions from station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to that station." Agents observed numerous unidentified transmissions from radio station N3XJT operated by Theodore Wallace. b. 47 C.F.R. S: 97.105(a): "The control operator must ensure the immediate proper operation of the station, regardless of the type of control." On April 18, 2012, Mr. Wallace admitted to a FCC Columbia Office agent that due to equipment failure he was unable to remotely control transmitter and does not have direct access to the site. 3. Pursuant to Section 308(b) of the Communications
• http://www.fcc.gov/eb/Orders/2006/DA-06-663A1.html
  • By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Glenn A. Baxter ("Baxter"), licensee of Amateur Radio Station K1MAN, for willful and repeated violation of Sections 97.101(d) and 97.113(a)(3) of the Commission's Rules ("Rules"), for willful violation of Section 97.105(a) and 97.113(b) of the Rules, and for willful and repeated failure to file required information pursuant to an Enforcement Bureau ("Bureau") directive. The noted violations of the Rules involve interference with the ongoing communications of other Amateur radio stations, failure to exercise station control, transmission of communications in which Baxter had a pecuniary interest, and transmission of communications that constituted