Reducing Regulations and Part 97
I have read where federal agencies are supposed to reduce their regulations by 75% or more. How would that
impact Part 97?
is wide open to speculation, but the arithmetic is straightforward. Part 97 now consists of 19,548 words of text. So the goal
is something less than a 4,887 word set of rules.
Q. Maybe this is an opportunity to usher in a new era for smart ham radios.
A. Hopefully so. Read A New Era for Amateur Radio BE Informed No. 10.3. It contains a WIP preliminary rough draft of a barebones set of rules that does this. It would cut a lot of traditional regulatory baggage and presumably encourage
the practice of good spectrum management and amateur service community self-regulation.
Q. I have read and reread the preliminary rough draft of a barebones set of rules that would reduce the Part 97 rules by 75%. It looks promising, but I have a questions:
What is a “smart radio?”
A. It is a future generation of transceivers that would hopefully relieve amateurs from much of
the burden of having to possess all of the knowhow - and willingness - to perform properly the duties of operators.
For more Q/A
on this topic, read New Era Q/A BE Informed No. 10.4.
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In places where the Federal Communications Commission is our regulator, the rules for our amateur radio and amateur-satellite radio services are codified within the United States Code of Federal Regulations Title 47. They reside primarily in Part 97 with Parts 0, 1, 2, 17, and 214 also containing rules that apply to us. The current edition
can be viewed online via the e-CFR. This website contains a series of questions and answers concerning those rules and their applications.
Our rules are not catalogues of harsh restrictions.
Rather, they are first and foremost permissions resulting from statutes, environmental precautions, international agreements,
and countless rule making proceedings.
awkward amateur services communications protocols stem from 19th century wireline telegrapher practices. They place heavy
reliance upon there being a knowledgeable - and highly cooperating – Section 97.105 control operator at every station. Each of these control operators must observe generally accepted good practices such as to make self-enforcement
predominantly sufficient. During the 20th century, the rules were adapted as needed to accommodate emerging radio technology.
The 21st century promises smarter radio technology that should enable relaxation of that traditional dependence upon cooperative
Our regulator currently expects
our United States amateur service community to utilize our allocated spectrum as an alternative to the commercial communications
infrastructure impacted by an emergency. The rules still make it possible for amateurs - they are our duly authorized persons
interested in radio technique solely with a personal aim and without pecuniary interest - to carry out self-training, intercommunications,
and technical investigations. Our contemporary amateur service community, however, seems to be more intent on transitioning
to a social media where members of the general public intercommunicate by making radio contacts.
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Get Your Own HAM CALL SIGN!
The quickest, easiest, and inexpensive way is to memorize the VEs'
questions and the VECs' answers in BE Informed No. 2.9.1 W3BE's NOTES - Get Your Call Sign.
Take/retake the free on-line practice examinations until you pass consistently. Then visit a VE session for a license examination.
the Rules - Heed the Rules!
Our ham radio is an internationally recognized hobby. It is comprised of millions of amateur
operators worldwide who must know how to cause or allow their amateur stations to transmit properly. We utilize electromagnetic
radiation technology that knows no political borders. We are, consequently, subject to wide ranging domestic and international
regulation. A working knowledge of the relevant rules is essential to not endangering ourselves, our families, or our neighbors;
and to not disrupting other radio communications.
What are the penalties for violating the rules?
(a) If the FCC finds that you have willfully
or repeatedly violated the Communications Act or the FCC Rules, you may have to pay as much as $10,000 for each violation, up to a total of $75,000. (See Section 503(b) of the Communications
(b) If the FCC finds that you have violated any section of the Communications Act or the FCC Rules, you may be ordered to
stop whatever action caused the violation. (See Section 312(b) of the Communications Act.)
(c) If a Federal court finds that you have
willfully and knowingly violated any FCC Rule, you may be fined up to $500 for each day you committed the violation. (See
Section 502 of the Communications Act.)
(d) If a Federal court finds that you have willfully and knowingly violated any provision of
the Communications Act, you may be fined up to $10,000, or you may be imprisoned for one year, or both. (See Section 501 of
the Communications Act.)
[48 FR 24890, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]
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subscription to FCC Daily Digest, click here.
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ABOUT THIS SITE
It is is free-to-use.
Should you receive a solicitation for this website, it is a scam!
There is no speculation
on whether or not you might get away with something.
Nothing herein is sold or offered for sale.
No e-mail, postal mail or telephone calls, please.
Thanks to everyone who posed the questions and to those
insightful hams who provided answers, advice, views, details, editing, encouragement, and other kinds of support in making
this website possible.
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