BE INFORMED NO. 48

FILING COMMENTS

ON FCC RULE MAKING PROPOSALS

   Q.  How can I file comments on those FCC rule making proposals?

   A.  You can file comments using the FCC's Electronic Comment Filing System (ECFS), the Federal Government's eRulemaking Portal, or by filing paper copies. 

   Q.  How do I file using the ECFS?

   A.  Send your comments as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html.  When completing the transmittal screen, include your full name, your U.S. Postal Service mailing address, and the applicable docket or rulemaking number.  You may also submit your electronic comments by Internet e-mail.  For instructions, send an e-mail to ecfs@fcc.gov, and include the phrase "GET FORM" in the body of your message.  You should receive a sample form and directions in reply.   

   Q. How do I file comments via the Federal Government's eRulemaking Portal?

   A. Access the Federal eRulemaking Portal at http://www.regulations.gov/; then follow the instructions provided on the website for submitting comments.

   Q.  How do I file paper comments?

   A.  Send your signed original and four copies sent to the FCC's Secretary: Office of the Secretary, Federal Communications Commission, 445 12^th Street, SW, Room TW-A325, Washington, D.C. 20554.  If more than one docket or rulemaking number appears in the caption of the proceeding, submit two additional copies for each additional docket or rulemaking number.

   You may also send paper filings by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.  The FCC's contractor will receive hand-delivered or messenger-delivered paper filings for the FCC's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.  The filing hours at this location are 8:00 a.m. to 7:00 p.m.  Bind all hand deliveries together with rubber bands or fasteners and dispose of any envelopes before entering the building.  This facility is the only location where the FCC's Secretary will accept hand-delivered or messenger-delivered paper filings. 

   Send commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 20743.  Address U.S. Postal Service first-class mail, Express Mail, and Priority Mail to 445 12^th Street, SW, Washington, DC 20554.

   Q.  Where can I view documents filed in a proceeding on the ECFS?

   A.  Use the following steps: 

              (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. 

              (2) In the introductory screen, click on "Search for Filed Comments."

              (3) In the "Proceeding" box, enter the numerals in the docket number. 

              (4) Click on the box marked "Retrieve Document List".  A link to each document is provided in the document list. 

   Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, 445 12^th Street, SW, Room CY-A257, Washington, DC, 20554.  Filings and comments also may be purchased from the FCC's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12^th Street, SW, Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail http://www.bcpiweb.com/.

   Q.  What should I say in my comments?

   A.  Mark your comments with the docket number of the proceeding or the rulemaking RM number.  Explain who you are and why you are interested.  Then lay out your agreement or objection with each issue for which you are commenting.  Make your very best argument for supporting your view.  For a template go-by, see BE Informed No. 35 W3BE COMMENTS IN RM-10867.

   Q.  Where does the FCC get its authority to make rules?

   A. Its authority is spelled out in the Communications Act of 1934, as Amended.  The FCC has the job of regulating those segments of radio spectrum used by non-government stations.  It does this through specific rules arranged into a series of rule parts.  The rules for our three services -- amateur service, amateur-satellite service and Radio Amateur Civil Emergency Service -- are contained in several of these rules parts.  Most of our rules, however, are in Part 97.  Other rules that apply to our amateur service are in Parts 0, 1, 2 and 17 and 214.  The current versions are available on-line from the Government Printing Office.  You can click your way to them via http://www.w3beinformed.org/.

   Before adopting a rule, the FCC must give notice to the public that it is thinking about doing so.  It must accept comments on the matter from interested parties for a period of time and place them in a file (docket) where the public can view them.  Then it must accept reply comments in support or disagreement with the comments, and place them in the docket.  The docket is the record upon which decisions are reached.  The decisions themselves are subject to appeal within the FCC's rulemaking process and in the Federal Courts.

   W3BE-O-GRAM:  This time and resource consuming rulemaking process relies upon every potentially affected party making certain that the record clearly includes the reasons for support, objection to, or revision of, the proposed change.     

   Q.  Does the amateur service participate in the rulemaking process?

   A.  Yes, it does.  In general, our amateur service community is very effective in putting its concerns on the record.  Sometimes, unfortunately, there are also well intentioned comments filed that inadvertently detract from our credibility.      

   Q.  How can I avoid having my comments can detract from our credibility?

   A.  In your rulemaking comments, address only the issues in the proposal.  In doing so, make certain that you:

   File your comments before the deadline.  Claiming that no one told you what was going on only proves that you do not know what is going on.

   Carefully check your spelling and grammar.  One of the most often misspelled words found in comments is the word "amateur."  It's hard to accept as an expert on the amateur service someone who can't even spell it correctly.  A large number of our comments appear to indicate that the writers are overly anxious to demonstrate that they know the word contains the letter "u".  So they move it forward a position or two.   

   Do not open your comments with, "I haven't read your proposal, but... "  Be sure to read the proposals carefully before commenting on them.   

   Do not restate the FCC proposals incorrectly.  Although this approach might appear to you as a clever way of moving the discussion to matters other than the actual proposals, it will probably be ineffective. 

   Do not annoy the FCC mailroom employees with QSL cards.  Should the cards arrive in sufficient quantity to delay the distribution of mail throughout the entire agency, you might succeed in annoying staff persons whose favorable attention the amateur service might need some day.  Employees do change positions, moving to other Bureaus in their climb up the career ladder.

   Do not use a hysterical approach.  It doesn't add to your credibility to describe how angry you are or to threaten to turn in your license. 

   Do not introduce your comments with salty, uncomplimentary names for the FCC Commissioners or staff.

   Do not include extraneous comments.  The record in an amateur service proceeding is not the place to let off steam about how you feel about taxes, government, speed limits, etc. 

   Q. Why does the federal government impose regulations on the amateur service?

   A.  Be grateful that it does!  The very fact that our government regulates the amateur service is, in itself, recognition that our radio service is in the public interest.  It signals to other governments that the United States considers the amateur service as being necessary.  Moreover, it gives us the opportunity to demonstrate that ours is a legitimate radio service comprised of responsible operators who observe the rules and participate in the rulemaking process.

   Q.  Why are there so many rules in Part 97?

   A.  Most of our rules are authorizations for us to do things that we could not otherwise do legally.  They actually grant us privileges.  Probably another reason is because the amateur service community has used the rulemaking process to resolve its internal differences on how our slices of the spectrum should be used. 

   Q. Is there some way that we could make our own rules?

   A.  Yes, at least the FCC gives us that option.  Section 97.101(a) says:  "In all respects not specifically covered by FCC Rules, each amateur station must be operated in accordance with good engineering and good amateur practice."  That would be sufficient for our purposes if we could only sweat the small stuff.  Consider the wonderful benefit offered by Section 97.101(a).  In effect, it promises to enforce the engineering standards and operating practices the amateur service community itself determines to be proper.  What a fantastic offer!  It practically asks us to maintain our own self-enacted set of "Good Engineering and Good Amateur Practices".

   W3BE-O-GRAM:  See BE Informed No. BE Informed No. 2  RILEY'S LIST Of GOOD AMATEUR PRACTICES wherein amateur radio's best friend tells it like it should be. 

   Q. Why do we ask the FCC for rules where we could make our own?

   A. Regretfully, there is no one good answer.  Here are some lame excuses:

   W3BE-O-GRAM:  We are not always able to reach agreement amongst ourselves on just what "good engineering and good amateur practice" means to us in specific instances.  We have frequently asked the FCC, therefore, to use its rulemaking process or enforcement capabilities to decide for us.  In this manner, we have managed to handcuff ourselves by moving many matters from under the highly flexible provisions of Section 97.101(a) into the rigidity of specific rules or policies.    

   Some portion of the amateur service community, at least, appears to be unwilling to accept any requirement not codified in the FCC Rules.  For example, there was a disturbing conversation once held with a highly-respected amateur operator.  I happened to remark that a certain new use of our spectrum did not appear to be in the best interests of the amateur service.  His reply startled me, "Well, I don't see any FCC inspectors knocking on the door."  Ouch!  Apparently it is necessary, and truly unfortunate, that we depend upon the FCC to protect us against ourselves.

   Relying upon the FCC to make those tough decisions for us allows us to escape all responsibility for the outcome.  It is not unusual for the FCC to make such a decision only to be denounced by everyone who didn't get the exact outcome they wanted personally.  We don't want that flak!  Let's buck it to the FCC.

    In the heat of discussion on a particular matter, some amateur operators appear to lose all appreciation for the tremendous advantages offered by Section 97.101(a) in their uncompromising quest to have their personal instant point of view prevail.  

   W3BE-O-GRAM:  See BE Informed No. 30 GEPS AND GAPS for a collection of observations, including proposed good engineering practices ("GEPs") and good amateur practices ("GAPs") most of which have appeared in the WorldRadio Rules & Regs column THE RULES SAY... . 

   Q.  Must I have a copy of Part 97 in my possession?

   A.  No.  It is advisable, nevertheless, to know how to access a current version of Part 97 copy at hand.  As a reference tool, it allows us to remain familiar with how our various requirements are organized.  Then, when some different facet of amateur radio catches our attention, we know where to look to find out what the rules have to say about it.

February 19, 2010

Supersedes all prior editions