FCC Web Documents citing 97.115

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
  • to assist the public, particularly with respect to providing emergency communications, because amateur radio operators may transmit messages on behalf of members of the public. In order to prevent individuals who have violated our Rules in the past from communicating via amateur radio stations, however, our Rules prohibit certain former licensees from being third parties. We propose to revise Section 97.115 of our Rules to add to the existing list of individuals who are not eligible to be third-parties a former licensee whose license was not renewed after a hearing, and to clarify that only a station transmitting a RTTY or data emission may be automatically controlled while transmitting third-party communications. We request comment on these proposals. Limitations imposed on manufacturers.
• 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
  • the control point should be considered third party communications, rather than a function of the auxiliary station. See Kenwood Request at 8. We disagree. Third party communications is a message from the control operator (first party) of an amateur station to another amateur station control operator (second party) on behalf of another person (third party). See 47 C.F.R. §§ 97.3(a)(46), 97.115(b). In the configuration that Kenwood outlines, there is no third party. Therefore, we conclude that Kenwood's proposed transmissions on the 2 m amateur band are not within the definition of third party communications. BEARS Opposition at 1. 47 C.F.R. § 97.3(a)(7) (emphasis added). In this case, the ``system of cooperating amateur stations'' is the handheld or portable VHF/UHF station controlling
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-79A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-79A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-79A1.txt
  • 97 Amateur Radio Service rules without notice and comment, which is not required in this case under the Administrative Procedure Act (APA). As a general matter, we observe that international arrangements have been made that permit amateur stations regulated by the Commission to communicate with amateur stations located in other countries. Those arrangements have been implemented in Sections 97.111, 97.113, 97.115, and 97.117 of the Commission's Rules. Amending these rules is consistent with the action taken by the Commission in WT Docket No. 01-140, in which it amended Section 97.307(d) to have this rule conform to the Radio Regulations adopted at WRC-00 and it amended other amateur service rules to reflect changes in Commission organization and practice. Section 97.111: We revise
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02D-01A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02D-01A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02D-01A1.txt
  • rules and regulations.'' (Tr. 126-28.) Mr. Schoenbohm's ``premises'' consisted of the ``ham shack'' and a very small yard. Mr. Reichlyn ``was always within . . . earshot of the operating facility,'' and ``was always in a position to control the . . . periods of time that [Mr. Schoenbohm] was operating.'' (Tr. 128.) 23. Mr. Schoenbohm was aware that Section 97.115 of the Commission's Rules prohibits certain communications involving a ``third party.'' (Tr. 106-07.) Mr. Schoenbohm did not believe that he violated Section 97.115 when he operated radio equipment under Mr. Reichlyn's call sign and supervision. (Schoenbohm Ex. 1; Tr. 106, 108-09.) As Mr. Schoenbohm understood that rule, he would be prohibited, as an unlicensed operator, ``from passing messages to third
• 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
  • to assist the public, particularly with respect to providing emergency communications, because amateur radio operators may transmit messages on behalf of members of the public. In order to prevent individuals who have violated our Rules in the past from communicating via amateur radio stations, however, our Rules prohibit certain former licensees from being third parties. We propose to revise Section 97.115 of our Rules to add to the existing list of individuals who are not eligible to be third-parties a former licensee whose license was not renewed after a hearing, and to clarify that only a station transmitting a RTTY or data emission may be automatically controlled while transmitting third-party communications. We request comment on these proposals. Limitations imposed on manufacturers.
• 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
  • the individual does not hold an amateur radio operator license that permits the person to control an amateur station on the transmitting frequency in use. The third party is permitted to ``participate in stating the message'' unless he or she had an amateur license revoked or suspended. In the NPRM, the Commission sought comment on whether it should revise Section 97.115 of our Rules to add ``a former licensee whose license was not renewed after a hearing'' to the existing list of individuals who may not participate in the call. The Commission also proposed to clarify that only a station transmitting a RTTY or data emission may be automatically controlled while transmitting third party communications. Decision. We agree with ARRL that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1_Erratum.doc
  • the individual does not hold an amateur radio operator license that permits the person to control an amateur station on the transmitting frequency in use. The third party is permitted to ``participate in stating the message'' unless he or she had an amateur license revoked or suspended. In the NPRM, the Commission sought comment on whether it should revise Section 97.115 of our Rules to add ``a former licensee whose license was not renewed after a hearing'' to the existing list of individuals who may not participate in the call. The Commission also proposed to clarify that only a station transmitting a RTTY or data emission may be automatically controlled while transmitting third party communications. Decision. We agree with ARRL that
• http://transition.fcc.gov/eb/AmateurActions/files/Helco11_03_22_5247.html http://transition.fcc.gov/eb/AmateurActions/files/Helco11_03_22_5247.pdf
  • 552a(e)(3), the Commission's staff will use all relevant information before it, including information you disclose in your reply, to determine what, if any, enforcement action is warranted in this matter. You may contact me at 717-338-2577 should you wish to discuss this matter. Sincerely, Laura L. Smith Special Counsel Cc: Denver Field Office Western Regional Director See 47 C.F.R. S: 97.115(b) which states in pertinent part: "The third party may participate in stating the message where: (1) the control operator is present at the control point and is continuously monitoring and supervising the third party's participation . . ." Commission records confirm that you do not have an amateur license. 47 U.S.C. S: 301. Fines normally range from $7,500 to $10,000.
• http://wireless.fcc.gov/services/index.htm?job=about_1&id=amateur
  • who does not. Q: May I allow the third party to speak the words of the message during the transmission of a third-party communication? Yes, you may allow the third party to participate in stating the message by speaking, typing, telegraph keying the words of the message, pointing the video camera or by whatever means the message is generated. [84]Section 97.115, however, prohibits you from allowing the third party to so participate where the third party is a prior amateur service licensee whose 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
• http://wireless.fcc.gov/services/index.htm?job=about_2&id=amateur
  • station transmissions to a different country, where permitted, shall be in plain language and shall be limited to messages of a technical nature relating to tests, and to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified. [53]Return to Top Arrow Return To Top Third Party Communications Section 97.115 of the Commission's Rules, [54]47 C.F.R. 97.115, authorizes an amateur station regulated by the FCC to transmit a message from its control operator (first party) to another amateur station control operator (second party) on behalf of another person (third party). No amateur station, however, shall transmit messages for a third party to any station within the jurisdiction of any foreign
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001662.doc
  • the control point should be considered third party communications, rather than a function of the auxiliary station. See Kenwood Request at 8. We disagree. Third party communications is a message from the control operator (first party) of an amateur station to another amateur station control operator (second party) on behalf of another person (third party). See 47 C.F.R. §§ 97.3(a)(46), 97.115(b). In the configuration that Kenwood outlines, there is no third party. Therefore, we conclude that Kenwood's proposed transmissions on the 2 m amateur band are not within the definition of third party communications. BEARS Opposition at 1. 47 C.F.R. § 97.3(a)(7) (emphasis added). In this case, the ``system of cooperating amateur stations'' is the handheld or portable VHF/UHF station controlling
• http://www.fcc.gov/eb/AmateurActions/files/Helco11_03_22_5247.html http://www.fcc.gov/eb/AmateurActions/files/Helco11_03_22_5247.pdf
  • 552a(e)(3), the Commission's staff will use all relevant information before it, including information you disclose in your reply, to determine what, if any, enforcement action is warranted in this matter. You may contact me at 717-338-2577 should you wish to discuss this matter. Sincerely, Laura L. Smith Special Counsel Cc: Denver Field Office Western Regional Director See 47 C.F.R. S: 97.115(b) which states in pertinent part: "The third party may participate in stating the message where: (1) the control operator is present at the control point and is continuously monitoring and supervising the third party's participation . . ." Commission records confirm that you do not have an amateur license. 47 U.S.C. S: 301. Fines normally range from $7,500 to $10,000.