Regulation & Advocacy

From Radio World, October 27, 2023:

FCC Chairwoman Jessica Rosenworcel says the FCC plans to “incentivize innovation and experimentation in the amateur radio bands” by getting rid of outdated restrictions and providing licensees with the flexibility to use modern digital emissions.

The commission at its November meeting is expected to take action on a Report and Order that would eliminate the baud rate limitation and establish a bandwidth limitation in the amateur radio bands below 29.7 MHz.

Recently, the FCC issued a Notice of Proposed Rulemaking (NPRM) which effects Amateur Radio use of the 60m band.  The FCC proposes to allocate 15 kHz of contiguous bandwidth between 5351.5 – 5366.5 kHz on a secondary basis with a maximum power of 15 W EIRP (equivalent to 9.15 W ERP). This allocation was adopted at the 2015 World Radiocommunication Conference (WRC-15).

The NPRM leaves open the question of whether the existing five 60m channels can still be used for Amateur Radio operation as well as if the 100w power level may still be used.

The FCC has requested comments relative to existing channel and power issue.

In 2017, the ARRL petitioned the FCC to keep the four 60-meter channels that fall outside the new band, as well as the current operating rules, including the 100 W ERP limit.

We need as many amateurs as possible to comment on this NPRM and urge the FCC to keep 1) the four existing channels and 2) the 100 w power limit.

Comments are due by October 30th, 2023 – ET Docket No. 23-120.

https://www.fcc.gov/ecfs/filings/express
https://www.fcc.gov/ecfs/filings/standard

From ARRL News, 07/11/2023:

The ad hoc group “Shortwave Modernization Coalition” petitioned the Federal Communications Commission (FCC) to allow data communications on multiple bands within the HF 2 – 25 MHz range with up to 20 KW, including in bands immediately adjacent to spectrum allocated to the Amateur Radio Service. This group appears to represent high-speed stock trading interests. The FCC has assigned it RM-11953. Comments are due by July 31, 2023, and reply comments by August 15. While the petitioners exclude the amateur bands, high power operations on immediately adjacent bands are proposed. ARRL  The National Association for Amateur Radio® is reviewing the petition. A copy of the petition is at: https://www.fcc.gov/ecfs/document/1042840187330/1 (PDF).

ARRL Bulletin 11 ARLB011
From ARRL Headquarters
Newington CT June 14, 2023
To all radio amateurs

SB QST ARL ARLB011
ARLB011 Legislation to Remove Private Land Use Restrictions on Amateur Radio Introduced in Congress

Congressmen Bill Johnson (OH-06) and Joe Courtney (CT-02) reintroduced a bill in the US House of Representatives on June 12 – H.R.4006 – to remove private land use restrictions that prohibit, restrict, or impair the ability of Amateur Radio operators from operating and installing reasonable antennas on property that they own or control. Similar legislation, H.R. 9670, was introduced by Congressman Johnson in 2022.

The full text of the bill can be found in PDF format at, https://billjohnson.house.gov/uploadedfiles/amateur_radio_emergency_preparedness_act_signed_bill_text.pdf

“I reintroduced the Amateur Radio Emergency Preparedness Act to remove barriers to disaster and emergency communications and training, and to promote education in STEM subjects related to critically needed wireless technology,” Congressman Johnson said in a release. “Passage of this bill will promote developing and sustaining our nation’s wireless future and facilitate and encourage amateur radio operations as a public benefit.”

“As their actions during recent natural disasters such as Hurricane Sandy proved, amateur radio operators in Connecticut can be a critical component of disaster response and emergency management. It is in our communities’ best interest that we give them the capabilities to operate at the highest level, and with the re-introduction of this bill, we’ve taken a strong step in that direction,” said Congressman Courtney.

The exponential growth of communities bound by private land use restrictions that prohibit both the operation of Amateur Radio and the installation of amateur station antennas has significantly restricted the growth of the Amateur Radio Service.

The ARRL continues its multi-year efforts to eliminate private land use restrictions that prevent Amateur Radio operations and has pledged to strongly support Congressman Johnson and Congressman Courtney in their efforts on behalf of Amateur Radio.

Rick Roderick, K5UR, President of ARRL, on behalf its Members and America’s Amateur Radio community extended his thanks and appreciation for the leadership of Congressman Johnson and Congressman Courtney in their tireless efforts to support and protect the rights of all Amateur Radio Operators and to further STEM education and the advancement of American expertise in wireless technology.

QST de W1AW 
ARRL Bulletin 26  ARLB026
From ARRL Headquarters 
Newington CT  December 24, 2022
To all radio amateurs

SB QST ARL ARLB026
ARLB026 Rep. Bill Johnson Introduces Bill to Eliminate Private Land Use Restrictions on Amateur Radio

Congressman Bill Johnson (OH-6) introduced a bill in the U.S. House of Representatives (H.R.9670) on Thursday, December 22, 2022, to eliminate private land use restrictions that prohibit, restrict, or impair the ability of an Amateur Radio Operator from operating and installing amateur station antennas on property subject to the control of the Amateur Radio Operator.

The exponential growth of communities subject to private land use restrictions that prohibit both the operation of Amateur Radio and the installation of amateur station antennas has significantly restricted the growth of the Amateur Radio Service. These restrictions are pervasive in private common interest residential communities such as single-family subdivisions, condominiums, cooperatives, gated communities, master-planned communities, planned unit developments, and communities governed by community associations. The restrictions have particularly impacted the ability of Amateur Radio to fulfill its statutorily mandated duty of serving as a voluntary noncommercial emergency communications service.

Congress in 1996 directed the Federal Communications Commission (FCC) to promulgate regulations (Public Law 104-104, title II, section 207, 110 Stat. 114; 47 U.S.C. 303 note) that have preempted all private land use restrictions applicable to exterior communications facilities that impair the ability of citizens to receive television broadcast signals, direct broadcast satellite services, or multichannel multipoint distribution services, or to transmit and receive wireless internet services. ARRL attempts to obtain similar relief for Amateur Radio were rejected by the FCC with a statement such relief would have to come from Congress.

ARRL Legislative Advocacy Committee Chairman John Robert Stratton, N5AUS, noted that Congress, in 1994 by Joint Resolution, S.J.Res.90/H.J.Res.199, declared that regulations at all levels of government should facilitate and encourage the effective operation of Amateur Radio from residences as a public benefit. He continued by stating that “H.R.9670, the Amateur Radio Emergency Preparedness Act, is intended to fulfill that mandate and preserve the ability of Amateur Radio Operators to continue to serve as a key component of American critical communications infrastructure.”

ARRL President Rick Roderick, K5UR, and Mr. Stratton both extended on behalf of the ARRL, its Members, and the Amateur Radio community their thanks and appreciation for the leadership of Rep. Johnson in his tireless efforts to support and protect the rights of all Amateur Radio Operators.

The full text of the bill in PDF format is available online at, https://www.arrl.org/files/file/HR9670/HR9670-Amateur-Radio-Emergency-Preparedness-Act.pdf

From ARRL Web:

A Public Notice released by the Federal Communications Commission (FCC) on March 23, 2022, in MD Docket No. 20-270, announced that new application fees for Wireless Telecommunications Bureau applications will become effective on April 19, 2022. The new fees, mandated by Congress, apply to applications for Amateur Radio licenses including those associated with filing Form 605, the Amateur Operator/Primary Station Licensee Application.

Effective April 19, 2022, a $35 fee will apply to applications for a new Amateur Radio license, modification (upgrade and sequential call sign change), renewal, and vanity call signs.

Anticipating the implementation of the fee in 2022, the ARRL Board of Directors, at its July 2021 meeting, approved the “ARRL Youth Licensing Grant Program.” Under the program, ARRL will cover a one-time $35 application fee for license candidates younger than 18 years old for tests administered under the auspices of the ARRL Volunteer Examiner Coordinator (ARRL VEC). Qualified candidates also would pay a reduced exam session fee of $5 to the ARRL VEC. ARRL is finalizing details for administering the program.

ARRL had filed comments in opposition to imposing a fee on Amateur Radio license applications. The FCC initially proposed a higher, $50 fee. In a Report and Order (R&O), released on December 29, 2020, the amount was reduced — the FCC agreeing with ARRL and other commenters that its proposed $50 fee for certain amateur radio applications was “too high to account for the minimal staff involvement in these applications.”

ARRL Volunteer Examiner Coordinator (ARRL VEC) Manager Maria Somma, AB1FM, explained that all fees are per application. “There will be no fee for administrative updates, such as a change of mailing or email address. The fees will be the responsibility of the applicant regardless of filing method and must be paid within 10 calendar days of FCC’s receipt of the application. For applications filed by a VEC, the period does not begin until the application is received by the Commission, a ULS file number assigned, and an email sent by the FCC directly to the applicant.”

VECs and Volunteer Examiner (VE) teams will not collect the $35 fee at license exam sessions. New and upgrade candidates at an exam session will continue to pay the $15 exam session fee to the ARRL VE team as usual, and pay the new, $35 application fee directly to the FCC by using the CORES FRN Registration system (CORES – Login).

When the FCC receives the examination information from the VEC, it will email a link with payment instructions to each successful candidate who then will have 10 calendar days from the date of the email to pay. After the fee is paid and the FCC has processed an application, examinees will receive a second email from the FCC with a link to their official license or explanation of other action. The link will be good for 30 days.

Somma also explained that applications that are processed and dismissed will not be entitled to a refund. This includes vanity call sign requests where the applicant does not receive the requested call sign. “The FCC staff has suggested that applicants for vanity call signs should first ensure the call signs requested are available and eligible for their operator class and area, and then request as many call signs as the form allows to maximize their chances of receiving a call sign.”

Further information and instructions about the FCC Application Fee are available from the ARRL VEC at www.arrl.org/fcc-application-fee. Details for the ARRL Youth Licensing Grant Program will be similarly posted there, when available.

NOTE: THE DEADLINE DATE FOR FILING COMMENTS OPPOSING THE IMPOSITION OF FEES ON AMATEUR RADIO USERS IS FEBRUARY 22, 2022

ARRL Bulletin 32  ARLB032
From ARRL Headquarters 
Newington CT  December 28, 2021
To all radio amateurs

SB QST ARL ARLB032
ARLB032 ARRL to Oppose Forest Service Administrative Fees for Amateur Facilities

The US Forest Service is proposing to implement a statutorily required annual fee for new and existing communications use
authorizations to cover the costs of administering its authorization program. ARRL plans to vigorously oppose the imposition of the proposed fees on Amateur Radio.

The Forest Service proposal results from requirements set forth in the Agriculture Improvement Act of 2018 (aka “the Farm Bill”). Specifically, section 8705(c)(3)(b) of the Farm Bill directs the Forest Service to issue regulations that require fees for issuing communications use authorizations based on the cost to the Agency for maintenance or other activities to be performed by the Agency “as a result of the location or modification of a communications facility.”

The Forest Service is responsible for managing Federal lands and authorizes the use and occupancy of National Forest System (NFS) lands for communications facilities that provide communications services for adjacent rural and urban communities. The Agency said in its proposal that it administers more than 3,700 special use authorizations on NFS lands for infrastructure that supports more than 10,000 wireless communications uses at 1,367 communications sites.

According to the Forest Service Notice published in the December 22, 2021 issue of the Federal Register, revenues from the proposed fee, “would provide the funds necessary to support a more modernized, efficient, and enhanced communications use program,” and will “cover the costs of administering the Agency’s communications use program.” Costs, as laid out in section 8705(f)(4) of the Farm Bill, may include expenditures for such things as “on-site reviews of communications sites, developing communications site management plans, hiring and training personnel for the communications use program, conducting internal and external outreach for and national oversight of the communications use program, and obtaining or improving access to communications sites on NFS lands.”

ARRL encourages Amateur Radio licensees to file comments opposing the imposition of the proposed administrative fee on Amateur Radio users. Comments must be received in writing by no later than February 22, 2022.

Comments may be submitted online at the Federal Rulemaking Portal at, https://www.regulations.gov/ , or via USPS mail to Director, Lands & Realty Management Staff, 201 14th Street SW, Washington, DC 20250-1124, and must include the identifier “RIN 0596-AD44.”

From ARRL Web:

08/16/2021 – The schedule of FCC amateur radio application fees likely will not go into effect before 2022. FCC staff confirmed during a recent virtual meeting with Volunteer Examiner Coordinators (VECs) that the agency is still working on the necessary changes to the Universal Licensing System (ULS) software and other processes and procedures that must be in place before it starts collecting fees from amateur applicants. Earlier this year, the FCC said it would not start collecting fees from amateur applicants before this summer. The new estimate is that the fees won’t go into effect until early next year.

Once it’s effective, the $35 application fee will apply to new, modification (upgrade and sequential call sign change), renewal, and vanity call sign applications. All fees will be per application. Administrative update applications, such as those to change a licensee’s name, mailing, or email address, will be exempt from fees. ARRL VEC manager Maria Somma, AB1FM, said Volunteer Examiner (VE) teams will not face the burden of collecting the $35 fee.

“Once the FCC application fee takes effect, new and upgrade applicants will pay the exam session fee to the VE team as usual, but they’ll pay the $35 application fee directly to the FCC using the FCC Pay Fees system,” she explained. When the FCC receives the examination information from the VEC, it will email a link with payment instructions to each successful candidate who then will have 10 days from the date of the email to pay.

After the fee is paid and the FCC has processed an application, examinees will receive a second email from the FCC with a link to their official license. The link will be good for 30 days. Licensees also will be able to view, download, and print official license copies by logging into their FCC ULS account. The FCC no longer provides printed licenses.

Licensees can log into the ULS with their 10-digit FRN (FCC Registration Number) and password at any time to view and manage their license and application, print their license, and update anything in their FCC license record, including adding an email address.

FEE SCHEDULE

INDIVIDUALS

$35 FEE: New, modification (upgrade and sequential call sign change), renewal, and vanity call sign applications. All fees will be per application.

NO FEE: Administrative updates, such as a change of name, mailing or email address, or license cancellation.

AMATEUR RADIO CLUBS

$35 FEE: New, renewal, trustee change, and vanity call sign applications. All fees will be per application.

NO FEE: Administrative updates, such as a change of name, mailing or email address, or license cancellation

Fred Hopengarten, K1VR, writes:

Filippova v. Framingham ZBA, Trial Court, Massachusetts Land Court, 20 MISC 000073(HPS))
Attorneys for Mr. Filippov: Fred Hopengarten, K1VR (Lincoln, MA), and Ethan Dively (Wellesley, MA).

The Building Commissioner granted a building permit for an 80’-tall amateur radio tower as an accessory use. The ZBA revoked the permit, applying the setback requirements of the Wireless Communications Facilities (WCF) special permit Bylaw to the tower proposed by Misha Filippov, KD1MF. The Land Court reversed, annulling the decision of the ZBA and ordering the Building Commissioner to reinstate the permit.

The WCF Bylaw’s definition of a tower is very broad, and the ham’s tower appeared to fit within that definition – causing the ZBA to require the WCF setback of structure height plus 20’. However, the next sentence in the same WCF paragraph required that “any such facility shall be a minimum of three hundred feet from a residential zoning district or residential use.” The Board suggested that KD1MF “re- apply to place the tower in a more central location on the lot, farther away from the abutters.”

The court recognized that amateur radio towers, under the Framingham Bylaw, are exempt from special permit requirements. The court wrote: “By its decision, the Board has taken the position that it may pick and choose which of those requirements will remain applicable to uses that are, by the explicit terms of the Bylaw, exempt from the special permit requirement. No reasonable reading of the Bylaw permits this unfettered exercise of discretion.” The court decided that it could not accept the Board’s construction of the Bylaw “if the consequences of doing so are absurd or unreasonable, such that it could not have been what the [legislative body] intended.”

The court decided that applying the accessory use setback for amateur radio towers was “[t]he only result that gives effect to the entire Bylaw and is consonant with common sense and reasonableness. This conclusion is buttressed by the Board’s inelegant attempt to reconcile irreconcilable provisions of the Bylaw by simply declaring that it has the discretion to pick and choose which shall apply.”

“[T]he Board appears to have claimed the roving and unfettered discretion to selectively apply and to disregard dimensional requirements as it chooses.”

This was not a PRB-1 decision, but rather a question of which setback rule applied. Mr. Filippov is a very happy radio amateur.

—

ARLB013:

On April 20, the FCC’s Enforcement Bureau issued a new Enforcement Advisory, repeating the admonishments contained in a January Advisory that no licensee or user of the Amateur or Personal Radio Services may use any radio equipment in connection with unlawful activities of any nature.

The Enforcement Advisory can be found online in PDF format at https://docs.fcc.gov/public/attachments/DA-21-453A1.pdf.

The Commission specifically cautioned that individuals found to have used radios in connection with any illegal activity are “subject to severe penalties, including significant fines, seizure of the offending equipment, and in some cases, criminal prosecution.”

In addition, licensees should be aware that illegal operation in any service or band, including completely outside the amateur allocations, could potentially disqualify a person from holding any FCC license in any service, not just the Amateur Service.

Any amateur observing a suspicious infraction that might be of illegal or criminal nature should report it to their local law enforcement office or the FBI.

From ARRL Web:

12/30/2020 – The FCC has agreed with ARRL and other commenters that its proposed $50 fee for certain amateur radio applications was “too high to account for the minimal staff involvement in these applications.” In a Report and Order (R&O), released on December 29, the FCC scaled back to $35 the fee for a new license application, a special temporary authority (STA) request, a rule waiver request, a license renewal application, and a vanity call sign application. All fees are per application. There will be no fee for administrative updates, such as a change of mailing or email address.

This fall, ARRL filed comments in firm opposition to the FCC proposal to impose a $50 fee on amateur radio license and application fees and urged its members to follow suit.

As the FCC noted in its R&O, although some commenters supported the proposed $50 fee as reasonable and fair, “ARRL and many individual commenters argued that there was no cost-based justification for application fees in the Amateur Radio Service.” The fee proposal was 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.”

“After reviewing the record, including the extensive comments filed by amateur radio licensees and based on our revised analysis of the cost of processing mostly automated processes discussed in our methodology section, we adopt a $35 application fee, a lower application fee than the Commission proposed in the NPRM for personal licenses, in recognition of the fact that the application process is mostly automated,” the FCC said in the R&O. “We adopt the proposal from the NPRM to assess no additional application fee for minor modifications or administrative updates, which also are highly automated.”

The FCC said it received more than 197,000 personal license applications in 2019, which includes not only ham radio license applications but commercial radio operator licenses and General Mobile Radio Service (GMRS) licenses.

The FCC turned away the arguments of some commenters that the FCC should exempt amateur radio licensees. The FCC stated that it has no authority to create an exemption “where none presently exists.”

The FCC also disagreed with those who argued that amateur radio licensees should be exempt from fees because of their public service contribution during emergencies and disasters.

“[W]e we are very much aware of these laudable and important services amateur radio licensees provide to the American public,” the FCC said, but noted that specific exemptions provided under Section 8 of the so-called “Ray Baum’s Act” requiring the FCC to assess the fees do not apply to amateur radio personal licenses. “Emergency communications, for example, are voluntary and are not required by our rules,” the FCC noted. “As we have noted previously, ‘[w]hile the value of the amateur service to the public as a voluntary noncommercial communications service, particularly with respect to providing emergency communications, is one of the underlying principles of the amateur service, the amateur service is not an emergency radio service.’”

The Act requires that the FCC switch from a Congressionally-mandated fee structure to a cost-based system of assessment. 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, which had been excluded previously. The 2018 statute excludes the Amateur Service from annual regulatory fees, but not from application fees.

“While the Ray Baum’s Act amended Section 9 and retained the regulatory fee exemption for amateur radio station licensees, Congress did not include a comparable exemption among the amendments it made to Section 8 of the Act,” the FCC R&O explained.

The effective date of the fee schedule has not been established, but it will be announced at least 30 days in advance. The FCC has directed the Office of Managing Director, in consultation with relevant offices and bureaus, to draft a notice for publication in the Federal Register announcing when rule change(s) will become effective, “once the relevant databases, guides, and internal procedures have been updated.”