Category Archives: Federal Communications Commission

Amateur Radio Organizations, Amateur Radio Relay League, Congress, Federal Communications Commission, News

Senator Blumenthal Supports Amateur Radio at Senate Confirmation Hearing

Senator Richard Blumenthal (CT) received an affirmative reply from FCC Chairwoman Jessica Rosenworcel when he asked her to commit to providing his office “an update on the steps that the FCC is taking to support amateur radio operators.” The Senator posed the written question as part of Rosenworcel’s renomination hearing conducted by the Senate Commerce, Science, and Transportation Committee.

Blumenthal took note specifically that “Radio amateurs voluntarily provide an array of public services, especially emergency and disaster-related support communications when infrastructure has been destroyed by a hurricane or similar disaster. Their contributions in this area are regularly recognized by local and state authorities.”

“ARRL is grateful to Senator Blumenthal for his support and recognition of radio amateurs,” said ARRL President Rick Roderick, K5UR. Blumenthal has previously co-sponsored legislation supporting amateur radio, and his staff was recently briefed by ARRL on pending amateur radio matters at the FCC. Roderick added, “We need the partnership of the FCC and Congress to ensure our rules and spectrum continue to support the march of technological innovation in our vibrant Amateur Radio Service.”

Multiple proceedings to update or change the FCC’s amateur Part 97 rules to account for changes in technology and operating practices have been languishing at the FCC, some going back five or more years. ARRL is hopeful that these will be addressed soon.

The Senate Committee approved Rosenworcel’s renomination with a bi-partisan vote on December 1, 2021. She has served on the FCC since 2012, and the Committee’s vote to approve her nomination for an additional term sends it to the full Senate for final consideration.

Amateur Radio, Amateur Radio Organizations, Amateur Radio Relay League, ARRL, Education, Federal Communications Commission, National, News

Make your comments for or against upcoming fees on amateur radio licenses.

The FCC Notice of Proposed Rulemaking (NPRM) MD Docket 20-270 appeared in the October 15 edition of The Federal Register and sets deadlines of November 16 to comment and November 30 to post reply comments, which are comments on comments already filed. That means that the deadline for you to make comments is only days away.

I was able to finally figure out how to submit comments, so I’ll impart what I have learned. First, there are two ways to submit comments. One is to prepare a word processor document, as I did, and upload it to the FCC at the FCC’s Electronic Comment Filing System. The other is to make a brief statement for, or in opposition to, the proposed fees. You can type that right into the ECFS.

Yes, you can make comments that you agree with the proposed increase. Remember, however, that your comments are public and we know who you are (Just kidding).

First I will explain how to make a brief statement which is probably the prefered method for those who do not have a lot of time. Second I will explain how to upload a document. You might want to peruse the ARRL guide to submitting comments web page before you start.

They recommend not dwelling on how devastating such an increase might be to amateur radio. Obviously do not make accusatory statements. There are some blogs out there contending the FCC is trying to destroy amateur radio so they can sell our frequencies to private companies. This may, or may not, be true, but it is an example of what not to say in your comments.

Try to stick to what you know. Old timers have seen developments in amateur radio that benefited humankind and contributed to the landing on the moon (or what ever). Stick to those elements. I concentrated some effort on emergency communications because that is what got me interested in amateur radio to begin with. If you have participated in community service events, you might indicate how you feel part of the community because of it. If you have had to call for help with amateur radio, that might be something to tell them.

Making a Brief Statement

The brief statement is the easiest and quickest method of making a comment. If your comment is going to be 500 words, or less, this is probably the best method. My statement was about five pages so I had to use the method outlined next.

I recommend that you type out your comments in your favorite text editor. Read it over a couple of times and make any corrections. Be concise, but clear. If you read your statement and it sounds like a politicians campaign speech, you probably want to cut it down. If you have several points, you can use a number-bullet-type of arrangement such as:

I oppose the proposed fees on amateur radio licenses because:
1) I have participated in community events and have seen how amateur radio protects the lives of people in these events. On at least two occasions I have witnessed amateur radio operators calling for help for runners in distress that may have saved their lives [That was my personal experience. Wish I had thought to add that to my statement.]
2) I participated in actual emergencies with the Amateur Radio Emergency Service during weather emergencies that kept me up-to-date on what was happening and allowed me to keep in contact in case I had an emergency.
3) I find the life-long learning of amateur radio to be a benefit to me and helps me to keep abreast of technological advance in amateur radio and in other fields.
4) I personally constructed a robot that can take instructions through amateur radio and can perform appendetomies. [Only use if you happened to construct a robot that can take instructions through amateur radio and can perform appendectomies. Don’t use otherwise.]

Once you have your statement ready to cut-and-paste, go to the the FCC’s Electronic Comment Filing System Express Comment section. The following steps also apply for the standard filing.

In the Proceeding(s) box, type “20-270”. Two items will come up, but you obviously want to select 20-270.

Put your name in the Name(s) of Filer(s). If you are making the statement with others, add their names, as well. For example you could add all of the amateurs in your home.

Unless you are a law firm or attorney, go down to Primary Contact Email and add your email. Just below that click on the drop-down menu and select Comment for Type of Filing.

Go down to the Address of section and fill out your address. You can use any address where you receive mail, but I recommend using the address you used to obtain your license. I seriously doubt that the FCC is going to send you a letter on the matter. At the bottom, however, there is a box for Email Confirmation. I recommend that you check that and you will get an email confirmation that the FCC received your comments.

Click on the Continue to review button. If it looks good submit it. You’re done.

Standard Filing

If your comments are going to be lengthy, you might want to choose Standard Filing. Use the same steps as above to prepare to upload your comments. You can simply drag-and-drop from your directory to the web site.

The site says it will accept PDF, text, ppt, pptx, docx, xlsx, doc, xls, rtf, dwg documents of 25 MB per submision and a maximum of 5 files. I used LibreOffice (the freebie program because I am cheap) to create a docx file. When I tried to submit it, however, it kept giving me an error. When I saved it to a PDF, it uploaded with no problem. So if the site give you an error, I recommend saving it as a PDF to upload.

SUMMARY

I hope this helps you to get a comment in before the comment period is up. Remember the last date for comments is November 16.

I will let you know that in my comments, I did say that if they needed an increase, I would not totally object to a $15 fee. I also said that I agreed to a $50 fee (or higher) for vanity license fees. We have people that have been changing their vanity calls several times tying up a call you might want. A healthy fee might just prevent that. I also said that anyone under 18-years-old should remain free and to upgrade your license should remain free. That is my opinion and I am sticking with it.

What ever your opinion, I hope you will get it in before the comment period ends.

Amateur Radio, Amateur Radio Organizations, Amateur Radio Relay League, ARRL, Federal Communications Commission, National, News

ARRL Urges Members to Join in Strongly Opposing FCC’s Application Fees Proposal

ARRL will file comments in firm opposition to an FCC proposal to impose a $50 fee on amateur radio license and application fees. With the November 16 comment deadline fast approaching, ARRL urges members to add their voices to ARRL’s by filing opposition comments of their own. The FCC Notice of Proposed Rulemaking (NPRM) MD Docket 20-270 appeared in the October 15 edition of The Federal Register and sets deadlines of November 16 to comment and November 30 to post reply comments, which are comments on comments already filed. ARRL has prepared a Guide to Filing Comments with the FCC which includes tips for preparing comments and step-by-step filing instructions. File comments on MD Docket 20-270 using the FCC’s Electronic Comment Filing System (ECFS).

Under the proposal, amateur radio licensees would pay a $50 fee for each amateur radio application for new licenses, license renewals, upgrades to existing licenses, and vanity call sign requests. The FCC also has proposed a $50 fee to obtain a printed copy of a license. Excluded are applications for administrative updates, such as changes of address, and annual regulatory fees. Amateur Service licensees have been exempt from application fees for several years.

The FCC proposal is contained in a Notice of Proposed Rulemaking (NPRM) in MD Docket 20-270, which was adopted to implement portions of the “Repack Airwaves Yielding Better Access for Users of Modern Services Act” of 2018 — the so-called “Ray Baum’s Act.” The Act requires that the FCC switch from a Congressionally-mandated fee structure to a cost-based system of assessment. In its NPRM, the FCC proposed application fees for a broad range of services that use the FCC’s Universal Licensing System (ULS), including the Amateur Radio Service. The 2018 statute excludes the Amateur Service from annual regulatory fees, but not from application fees. The FCC proposal affects all FCC services and does not single out amateur radio.

ARRL is encouraging members to file comments that stress amateur radio’s contributions to the country and communities. ARRL’s Guide to Filing Comments includes “talking points” that may be helpful in preparing comments. These stress amateur radio’s role in volunteering communication support during disasters and emergencies, and inspiring students to pursue education and careers in engineering, radio technology, and communications.

As the FCC explained in its NPRM, Congress, through the Ray Baum’s Act, is compelling regulatory agencies such as the FCC to recover from applicants the costs involved in filing and handling applications.

In its NPRM the FCC encouraged licensees to update their own information online without charge. Many, if not most, Amateur Service applications may be handled via the largely automated Universal License Service (ULS). The Ray Baum’s Act does not exempt filing fees in the Amateur Radio Service, and the FCC stopped assessing fees for vanity call signs several years ago.

See also “FCC Proposes to Reinstate Amateur Radio Service Fees,” reported by ARRL in August, and a summary page of the proceeding at www.arrl.org/FCC-Fees-Proposal.

Amateur Radio, Amateur Radio Organizations, Amateur Radio Relay League, ARRL, Federal Communications Commission, National, News

FCC Proposes to Reinstate Amateur Radio Service Fees

[UPDATED 2020-09-01 @1845 UTC] Amateur radio licensees would pay a $50 fee for each amateur radio license application if the FCC adopts rules it proposed this week. Included in the FCC’s fee proposal are applications for new licenses, renewal and upgrades to existing licenses, and vanity call sign requests. Excluded are applications for administrative updates, such as changes of address, and annual regulatory fees.

The FCC proposal is contained in a Notice of Proposed Rulemaking (NPRM) in MD Docket 20-270, which was adopted to implement portions of the “Repack Airwaves Yielding Better Access for Users of Modern Services Act” of 2018 — the so-called “Ray Baum’s Act.”

The Act requires that the FCC switch from a Congressionally-mandated fee structure to a cost-based system of assessment. In its NPRM, the FCC proposed application fees for a broad range of services that use the FCC’s Universal Licensing System (ULS), including the Amateur Radio Service that had been excluded by an earlier statute. The 2018 statute excludes the Amateur Service from annual regulatory fees, but not from application fees.

“[A]pplications for personal licenses are mostly automated and do not have individualized staff costs for data input or review,” the FCC said in its NPRM. “For these automated processes — new/major modifications, renewal, and minor modifications — we propose a nominal application fee of $50 due to automating the processes, routine ULS maintenance, and limited instances where staff input is required.”

The same $50 fee would apply to all Amateur Service applications, including those for vanity call signs. “Although there is currently no fee for vanity call signs in the Amateur Radio Service, we find that such applications impose similar costs in aggregate on Commission resources as new applications and therefore propose a $50 fee,” the FCC said.

The FCC is not proposing to charge for administrative updates, such as mailing address changes for amateur applications, and amateur radio will remain exempt from annual regulatory fees. “For administrative updates [and] modifications, which also are highly automated, we find that it is in the public interest to encourage licensees to update their [own] information without a charge,” the FCC said.

The FCC also proposes to assess a $50 fee for individuals who want a printed copy of their license. “The Commission has proposed to eliminate these services — but to the extent the Commission does not do so, we propose a fee of $50 to cover the costs of these services,” the FCC said.

The Ray Baum’s Act does not exempt filing fees in the Amateur Radio Service. The FCC dropped assessment of fees for vanity call signs several years ago.

Deadlines for comments and reply comments will be determined once the NPRM appears in the Federal Register. Interested parties may file comments by using the FCC’s Electronic Comment Filing System (ECFS), posting to MD Docket No. 20-270. This docket is already open to accept comments, even though deadlines have not yet been set.

SOURCE: ARRL

Amateur Radio, Emergency Communications, Federal Communications Commission, News, Technical

FCC Petition RM-11831 Threatens Amateur Digital Operations Like Winlink

By Lor Kutchins, W3QA, Winlink Development Team, President, Amateur Radio Safety Foundation, Inc

April 5, 2019–The FCC has opened for comment RM-11831, a proposal for rule making that would do two things the the US amateur radio rules:

1) remove paragraph (c) of 97.221. This would disallow narrow-bandwidth ARQ modes of 500 Hz or less from outside the specified 97.221 sub bands for automatically controlled digital stations. This will require all US Winlink HF gateway stations, regardless of mode/technique, to only operate within these narrow sub bands.

2) modify the wording of 97.309(4) thusly:
(4) An amateur station transmitting a RTTY or data emission using a digital code specified in this paragraph may use any technique whose technical characteristics have been documented publicly, such as CLOVER, G-TOR, or PacTOR, (remove –, add the following:) and the protocol used can be be monitored, in it’s entirety, by 3rd parties, with freely available open source software, for the purpose of facilitating communications.

This effectively eliminates Pactor 2, 3, and 4 from the US amateur bands unless SCS steps up and publishes complete technical specifications, including their proprietary signal processing methods, and produces an open-source monitoring program allowing on-air eavesdropping by third parties (not likely).

The Winlink Team will have to produce monitoring software for an unconnected eavesdropper for WINMOR, ARDOP. VARA’s author must do the same. The alternative is for Winlink to close shop for US licensees on HF amateur bands, or to eliminate B2F compression for messages sent by US-licensed amateurs. This will cause US users of all modes to suffer much longer transmission times by a factor of 2-10 times. Limits would not be placed on other users.

See and read the new proceeding from the link below. The 30-day comment period opened on 28 March. We have prepared a document containing useful arguments you may paraphrase for your comment filing. The formal ARSFI Motion to Dismiss RM-11831 and Petition for Rulemaking is also here for your review.

https://www.fcc.gov/ecfs/search/filings?proceedings_name=RM-11831&sort=d…

Unless we receive support from users on this serious threat, Winlink may be forced to close shop on HF in the USA. US and non-US users and gateway operators are urged to educate themselves and file a comment soon!

Amateur Radio, Equipment, Federal Communications Commission, National, News

Is FCC Enforcement Advisory the death knell for Baofeng?

I will preface this article by stating that I am no lawyer. This article and the information contained, herein, is what I understand from the recent FCC Enforcement Advisory noted. If you have questions, you should contact the FCC. Do not depend on me, the Internet (unless it is the FCC web site) or your Elmer.

The FCC issued Enforcement Advisory No. 2018-03 on September 24, 2018. It begins, “The Enforcement Bureau (Bureau) of the Federal Communications Commission (FCC) has observed that a growing number of conventional retailers and websites advertise and sell low-cost, two-way VHF/UHF radios that do not comply with the FCC’s rules. … These radios must be authorized by the FCC prior to being imported, advertised, sold, or operated in the United States.”

The second paragraph hits home. “Many of these radios violate one or more FCC technical requirements. For example, some can be modified to transmit on public safety and other land mobile channels for which they are not authorized, while others are capable of prohibited wideband operations. Such radios are illegal, and many have the potential to negatively affect public safety, aviation, and other operations by Federal, state, and local agencies, as well as private users. Because these devices must be, but have not been, authorized by the FCC, the devices may not be imported into the United States, retailers may not advertise or sell them, and no one may use them. Rather, these devices may only be imported, advertised, sold, or used only if the FCC first has approved them under its equipment authorization process (or unless the devices operate exclusively on frequencies reserved for amateur licensees or they are intended for use exclusively by the federal government). Moreover, with only very limited exceptions, after being authorized, the devices may not be modified. Anyone importing, advertising or selling such noncompliant devices should stop.”

In case you are wondering what radios are included, they are all Chinese favorites. Baofeng leads the list along with BTech, TYT, Revetis and a number of others manufactured in China.

The FCC advises, “Anyone importing, advertising or selling such noncompliant devices should stop immediately, and anyone owning such devices should not use them. Violators may be subject to substantial monetary penalties.”

Radios that operate outside the amateur radio frequencies require a certification by the FCC or an authorized third party. If it operates ONLY on amateur radio frequencies, then no certification is required. One paragraph of the Advisory explains:

“Amateur Radio Exception. There is one exception to this certification requirement: if a device is capable of operating only on frequencies that the FCC has allocated for use by Amateur Radio Service licensees, it does not require FCC equipment authorization, and an amateur licensee may use his or her license to operate such radios. However, many two-way radios that purport to operate on amateur frequencies also operate on frequencies that extend beyond the designated amateur frequency bands. If a two-way VHF/UHF radio is capable of operating outside of the amateur frequency bands, it cannot be imported, advertised, sold, or operated within the United States without an FCC equipment certification.”

This might sound confusing until you realize that amateur radio is a do-it-yourself hobby and always has been. If you have the capability and can find the parts, you can build your own radio that works on any amateur radio frequency. You do not have to get a certification for it, but you must ensure it is complies with FCC technical regulations.

There was a time when you had to prove that you had an FCC license to purchase equipment. That was not an FCC regulation, just something retailers required. Since the recent dumping of illegal Chinese radios on the market, anyone could obtain a Baofeng or other radio from online sources, such as Amazon, many people purchase them without the realization that they have to have an amateur radio license to operate them.

An amateur radio operator in my area recently relayed a story to me while we were on the air. He asked if I had my scanner on, which I did not. He said that someone started transmitting a conversation on Arizona Department of Public Safety frequencies. DPS called them on it and they disappeared. He noted that it did not sound like a typical amateur radio operator. So it appears that people are purchasing these and plugging in whatever frequency they believe they can get away with.

This same problem occurs in the Part 95 world, as well. In the new Part 95 rules, the FCC forbids the selling of those combination Family Radio Service/General Mobile Radio Service radios because people ignore the regulation that you must have a GMRS license to operate on GMRS frequencies. You must now purchase an FRS or GMRS radio. The FRS is still licensed by rule, but GMRS DOES require a license no matter what you read on the Internet. The reason is technical. GMRS radio are more powerful and you can set up GMRS repeaters just like amateur radio uses. The difference in repeaters is that the FCC has already set aside coordinated input/output frequencies for GMRS that you are required to use. GMRS repeaters must identify the same as amateur radio repeaters, so you have to set in a call sign for the repeater.

You have NEVER been allowed to use Baofengs on FRS frequencies

I will admit that I put out bad information that was quashed by this Enforcement notice. I do not do that intentionally. I misunderstood some of the Part 97 regulations. I do know, however, that you cannot communicate between Part 95 and Part 97 radios.

Part 95 regulations forbid it.

§95.531 Permissible FRS uses. FRS units are primarily used for short-distance two-way voice communications between individuals. (b) One-way communications. FRS units may be used for one-way communications that are emergency messages, traveler assistance communications, voice pages or brief equipment tests. (c) GMRS stations. FRS units normally communicate with other FRS units, but may also be used to communicate with General Mobile Radio Service (GMRS) stations.

§95.533 Prohibited FRS uses. FRS units must not be used for one-way communications other than those listed in §95.531(b). Initial transmissions to establish two-way communications and data transmissions listed in §95.531(a) are not considered to be one-way communications for the purposes of this section.

§95.1733 Prohibited GMRS uses. (a) In addition to the prohibited uses outlined in §95.333 of this chapter, GMRS stations must not communicate: (9) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station;

This includes using your amateur radio cross-band radio as a GMRS repeater.

Part 97 forbids it.

§ 97.111 Authorized transmissions. (a) An amateur station may transmit the following types of two-way communications: (2) Transmissions necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications; (4) Transmissions necessary to providing emergency communications;

There are groups out there who are spreading the word that you can now talk to FRS radios with your Baofeng on low power because they are one-watt and FRS radios are now allowed two-watts. People have become angry with me and one lambasted me because I told them they were wrong. They said their people studied the new regulations thoroughly. Apparently they did not study the rules above.

They also did not study the technical specifications. Any radio transmitting on FRS must have a fixed antenna. I believe we can agree that you can change the antennas on Chinese amateur radios.

There are other technical specifications, but I believe I have made the point.

The problem that I see here is how can an amateur provide emergency communications with an FRS/GMRS radio if you cannot have a radio that transmits on those frequencies?

Does this mean the death of Baofeng?

What this advisory states is that any Baofeng (or other Chinese radio) you have already purchased probably does not comply with FCC regulations and you should stop using them. You will have to shell out a few more dollars for a Japanese radio that only operates on amateur radio frequencies. You should not dump that Baofeng in the next waste dump yet, however. I am not sure if there is a firmware fix that will make them FCC compliant.

Baofeng sells a GMRS model known as the BTECH GMRS V-1. This radio will only transmit on GMRS frequencies. It still has memory slots that you can program as scanner frequencies. I wondered why they did not program it to transmit on FRS frequencies since they are unlicensed. Someone pointed out the technical detail that FRS radios must have a fixed antenna. You can chance the antenna on the GMRS V-1 to a better antenna.

The run of Chinese radios for sale as of this writing (2 October 2018) on Amazon and other sources are probably illegal. You have to check the specifications on the radio. The RX list can be seven-pages long. That means it can only RECEIVE on those frequencies. The TX, however, must say:

TX 144 – 148 MHz
TX 430 – 450 MHz

If it TXs on any other frequencies, it is probably illegal for amateur use. That is, unless it has an FCC certification sticker with an FCC number that you can look up and check. Be aware that some of these Chinese radio imprint the FCC logo, but have no certification number.

SUMMARY

It is interesting that in previous years the FCC has allowed dumping millions of these radios on the market. All of the sudden, the FCC is enforcing regulations that have existed. I’ll let you work out any political possibilities.

In summary, stop using Baofengs and other Chinese radios for the time being. You must remember that you are required to allow the FCC to inspect your equipment at any time they request it. So if you are walking through a crowded mall in a QSO, an FCC representative noticing you can walk up and ask to see your radio. I suspect that they will probably give you a written warning. The FCC usually only goes after repeat offenders. You cannot bet your bank account on it, however.

So far, the FCC is going after online sources that are advertising these illegal radios. The most recent is AMCREST industries in August.

If you are planning to upgrade, you are going to have to spend more money. One model that is reasonable is the Yaesu FT-70 digital HT for around $170 to $220. You can get a 2-meter mobile Yaesu for around $150, such as the FTM-3200DR. The Kenwood TM-281A 2-meter is about the same price. If you want a dual-band, the price shoots up to about $350.

With any mobile, you may be able to use the Nagoya antenna you have been using if it is rated at 100-watts. Some of them are. But you might want a better antenna and you will have to add the RT Systems programming software because CHIRP probably does not work with these radios. If you want to use it as a base also, you will have to invest in a power supply. You can find a 30-watt power supply for about $80 online. Those are legal.

Amateur Radio, Amateur Radio Organizations, Amateur Radio Relay League, Baofeng, Equipment, Federal Communications Commission, News, Rules and Laws

FCC Cites Baofeng Importer for Illegally Marketing Unauthorized RF Devices

ARRL News

The FCC has issued a Citation and Order (Citation) to Amcrest Industries, LLC (formerly Foscam Digital Technologies, LLC), an importer and marketer of popular and inexpensive Baofeng hand-held transceivers, alleging that the company violated FCC rules and the Communications Act by illegally marketing unauthorized RF devices. The FCC asserts that Amcrest marketed Baofeng model UV-5R-series FM hand-held radios capable of transmitting on “restricted frequencies.” The Baofeng models UV-5R and UV-5R V2+ were granted an FCC equipment authorization in 2012 to operate under Part 90 Private Land Mobile Radio Service (Land Mobile) rules.

“Under § 2.803 of the Commission’s rules, an entity may not market a device that is capable of operating outside the scope of its equipment authorization,” the FCC Citation said. “RF devices that have been authorized under Part 90 rules, such as the model as issue, must operate within the technical parameters established in those rules.” The FCC also maintained that the UV-5R 2+ is capable of operating at 1 W or 4 W, while the Part 90 Equipment Authorization limits the power output to 1.78 W.

Amcrest conceded that the units were capable of operating on restricted frequencies but told the FCC that, per discussions with the manufacturer, were “only capable of operating at 1 W, the FCC said. The company instructed the manufacturer to fix the problem and later confirmed with the manufacturer that all Amcrest inventory on order and in the future would operate only on 145 – 155 MHz and 400 – 520 MHz.

While the Citation does not mention Amateur Radio, the UV-5R series radios can be programmed in a channelized configuration to function on 2-meters and 70-centimeters. According to the Citation, Amcrest had added a warning in its user manuals and marketing and sales materials implying that the UV-5R V2+ could operate on unauthorized and restricted frequencies, including Part 87 Aviation Services frequencies, Part 80 Maritime Services frequencies, and frequencies reserved for federal government use. The FCC said Part 90 radios that permit the operator to use external controls to program and transmit on frequencies other than those programmed by the manufacturer are “generally prohibited.”

Amcrest told the FCC that it had ceased marketing four models in the Baofeng UV-5R series “a few years ago,” but it did not remove them from its website until last February. Numerous online retailers continue selling UV-5R series radios for less than $25, with some ads indicating that these are “ham” equipment.

Amcrest Industries, LLC, which owns and operates Baofengradio US, is an import, distribution, and marketing company based in Houston, Texas. It also sells hand-held transceivers under its own label.

“While we recognize Amcrest’s efforts to date to achieve compliance with the Commission’s rules, the company must nonetheless ensure the version of the UV-5R V2+ it is marketing operates only on frequencies specified in its Equipment Authorization,” the FCC said in its Citation. The FCC directed Amcrest “to take immediate steps to come into compliance with the Commission’s equipment authorization rules and cease marketing unauthorized RF devices in the United States.” Amcrest could face fines of nearly $20,000 per day if it fails to comply. 

Amateur Radio, Federal Communications Commission, News

Radio Amateur to Pay $7,000, Face Restricted Privileges to Settle FCC Interference Case

The US Department of Justice and the FCC have reached a settlement with Brian Crow, K3VR, of North Huntingdon, Pennsylvania, to resolve allegations that Crow intentionally interfered with the communications of other Amateur Radio operators and failed to properly identify. The core component of the settlement calls on Crow to pay $7,000 to the US Treasury, the FCC and US Attorney for the Western District of Pennsylvania Scott W. Brady announced in separate July 3 news releases. In addition, Crow’s Amateur Extra class license will be restricted to Technician class privileges for 6 months, and he has agreed to discontinue contact with the individuals involved in this case. Crow’s Amateur Extra privileges will be restored after 6 months, “if no new violations have been found,” the FCC said.

“Amateur Radio licensees know that the rules require them to share the airwaves, which means that bad actors cannot plead ignorance,” FCC Enforcement Bureau Chief Rosemary Harold said in the FCC release. “This settlement is a significant payment for an individual operator, and it sends a serious message: Play by the rules in the Amateur Radio band[s] or face real consequences. We thank the US Attorney’s Office for understanding the importance of this type of case and pushing it forward to ensure a resolution that included strong penalties for substantial violations of the law.”

The settlement resolves a civil complaint (USA v. Brian Crow [No. 17-595]) in Federal District Court for the Western District of Pennsylvania to recover an unpaid $11,500 fine that the FCC imposed on Crow in a 2015 Forfeiture Order.

“Allowing licensed Amateur Radio operators the freedom to converse with others in an orderly fashion and without unwanted disruption is one of the missions of the FCC,” Brady said. “This complaint identifies one such individual who intentionally interfered with other law-abiding Amateur Radio operators.”

The FCC recounted in its Forfeiture Order that it had responded in March 2014 to “several complaints of intentional interference” on 14.313 MHz, and that Commission agents used radio direction-finding techniques to determine the transmission sources. According to the court complaint against Crow, FCC agents tracked transmissions to Crow’s residence and monitored them for approximately 3 hours and heard him transmit slow-scan television (SSTV) signals and a prerecorded voice transmission of another Amateur Radio station on the frequency.

The FCC said it worked with Brady’s office to craft the agreement with Crow arising from its Forfeiture Order “that found his behavior violated the Communications Act and the Commission’s rules.”

According to Brady’s office, the claims that the settlement resolves “are allegations only, and there has been no determination of liability.

Amateur Radio, Federal Communications Commission, News

FCC opens up 2,200- and 630-meter bands

On March 29, 2017, the Commission adopted rules permitting fixed amateur radio operations in 135.7-137.8 kHz (2200 meter) and 472-479 kHz (630 meter) bands. These bands are allocated to the amateur radio service on a secondary basis.

1 The Commission adopted a minimum horizontal separation distance of one kilometer from power line carrier (PLC) systems, which operate in the 9-490 kHz range.
2 Amateur operators must notify the Utilities Technology Council (UTC), which maintains a database of PLC systems, of their intent to operate in the 135.7-137.8 kHz and/or 472-479 kHz bands prior to commencing operations.
3 These rules become effective on September 15, 2017, after approval of the information collection under the Paperwork Reduction Act. This Public Notice sets forth the procedure for notifying UTC of planned operations.

Amateur licensees planning to operate in the 135.7-137.8 kHz and/or 472-479 kHz bands must use the online form at http://utc.org/plc-database-amateur-notification-process/ to provide their contact information, including the operator’s name, email address, and telephone number; technical information, including the call sign, intended frequency(ies) or band(s) of operation, and geographic coordinates of the antenna location; and date of notification. UTC will respond via email regarding whether the proposed site is within one kilometer of a PLC system operating in the same or overlapping frequencies, and will request that the amateur operator acknowledge receipt of the response. UTC may telephone amateur operators from whom no acknowledgment is received.

Amateur operators may commence operations in the 135.7-137.8 kHz and/or 472-479 kHz bands if UTC does not respond within 30 days, or if UTC responds sooner that the proposed site is not within one kilometer of a PLC system operating in the same or overlapping frequencies.4 They may not commence operations in the 135.7-137.8 kHz and/or 472-479 kHz bands if UTC responds that the proposed site is within one kilometer of a PLC system operating in the same or overlapping frequencies, but they may submit a notification to propose a different site.

Aviation, Emergency Communications, Federal Communications Commission, News

ENFORCEMENT BUREAU REMINDS CIVIL AVIATION COMMUNITY THAT USE OF A CERTAIN AVIATION FREQUENCY IS RESTRICTED TO EMERGENCY USE

This notice from the FCC applies to the aviation emergency radio frequency. Many of the principles apply to all radio services, however. For example Channel 9 of the Citizens Band Radio Service is an emergency only channel. It is illegal to broadcast a false distress call on ANY radio frequency. Just thought this might be of interest to the amateur radio community.

DA 17-747; August 8, 2017; Enforcement Advisory No. 2017-01

121.500 MHz Reserved for Emergency Use Only The Enforcement Bureau of the Federal Communications Commission (FCC), in coordination with the Federal Aviation Administration (FAA), has been investigating instances of misuse of, and harmful interference to, frequency 121.500 MHz, which the FCC has set aside for emergency and distress communications. The FCC regulates aviation communications in cooperation with the FAA, which, among other things, continuously monitors distress frequencies to protect life and property. The FAA has reported to the FCC that the FAA’s ability to monitor aviation channel 121.500 MHz for actual emergencies is being impaired by an increase in the use of 121.500 MHz for non-emergency communications. The Enforcement Bureau will aggressively enforce the rules related to aviation radio operations.

Ensuring the integrity of safety and distress frequencies is vital to safeguarding lives and property.

What Should You Know?
Aircraft operating domestically are authorized to operate VHF aviation radios, radar, and emergency locator transmitters (ELTs) without having to obtain individual licenses from the FCC, while aircraft operating internationally must hold a license issued by the FCC. In both cases, however, airmen1 must follow the operating procedures specified in Part 87 of the FCC’s rules.2

FCC ENFORCEMENT ADVISORY
Of particular importance, Section 87.173 of the FCC’s rules mandates that 121.500 MHz be used solely for emergency and distress purposes.3 The FAA continually monitors 121.500 MHz and treats any distress call received as an emergency to be investigated immediately. Prohibited communications on 121.500 MHz include: false distress or emergency messages, superfluous communications, messages containing obscene, indecent, or profane words or meaning, general calls (calls not addressed to a particular station), routine messages, radio tests, and transmission of recorded audio (such as music or spoken text). Misuse of 121.500 MHz can distract FAA personnel monitoring the channel from hearing transmissions related to actual emergencies and, as a result, poses a threat to life and property.

What Happens if Users Do Not Comply with the FCC’s Rules?
Interference to an aviation distress and safety frequency, including 121.500 MHz, is a violation of the most critical nature, with the potential to obscure genuine distress transmissions. The Enforcement Bureau intends to aggressively enforce violations of the FCC’s aviation radio communications rules.

Violators may be subject to the penalties authorized by the Communications Act, including, but not limited to, substantial monetary fines (up to $19,246 per single violation and up to $144,344 for an ongoing violation), an in rem action to seize the offending radio equipment, and criminal sanctions.

What Should You Do?
The FCC rules governing the aviation radio service are designed to protect both your life and the lives of those around you – fellow airmen and the public. Please take the time to learn the FCC rules governing proper radio operation and comply with them. Airmen should note that 122.750 MHz is available for air-to-air communications.4

Need more information?
For additional information regarding enforcement of the aviation radio rules, proper use of aviation radio frequencies, and licensing of aircraft radio stations, please visit the FCC website at https://www.fcc.gov/aircraft-stations. Media inquiries should be directed to Will Wiquist at (202) 418-0509 or will.wiquist@fcc.gov.

To file a complaint, visit https://consumercomplaints.fcc.gov or call 1-888-CALL-FCC.

To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), (202) 418-0432 (TTY). You may also contact the Enforcement Bureau on its TTY line at (202) 418-1148 for further information about this Enforcement Advisory, or the FCC on its TTY line at 1-888-TELL-FCC (1-888-835-5322) for further information about the aviation radio rules. Issued by: Chief, Enforcement Bureau

1 For this Enforcement Advisory, we use the term “airman” as that term is defined in the Federal Aviation Act of 1958, as amended. There, Congress defined the term “airman” as “an individual—(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) … who is directly in charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or (C) who serves as an aircraft dispatcher or air traffic control-tower operator.” 49 U.S.C. § 40102(a)(8).

2 47 CFR § 87.1 et seq.

3 47 CFR §§ 87.173, 87.187(k). Frequency 121.500 MHz also is used for maritime distress and search and rescue communications, and for direction-finding with respect to emergency radiobeacons at sea and on land. See 47 CFR §§ 80.1077, 87.199(b), 95.1402(a), 95.1403(b).

4 47 CFR § 87.187(j).