[SMCARA] The FCC R&O "Morse Code" Proceeding

[J D Delancy]

      FCC Releases /Report and Order/ in "Morse Code" Proceeding

NEWINGTON, CT, Dec 19, 2006 -- The FCC has issued the complete /Report
and Order/ (/R&O/
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-178A1.pdf>//)
in the "Morse code" proceeding, WT Docket 05-235. The /R&O/ follows fast
on the heels of the Commission's December 15 public notice announcing
the elimination of the Morse code exam requirement for all Amateur Radio
license classes. The /R&O/ also addresses the ARRL's request to
eliminate the disparity between "Tech Plus" licensees (Technicians with
Element 1 Morse credit) and Technician licensees -- present and future
-- who have not passed a Morse code test. //

//"In summary, we believe that the public interest will be served by
revising the Amateur Service rules to eliminate the telegraphy testing
requirement," the FCC concluded in the /R&O/, released today. "We also
believe that these rule changes will allow Amateur Service licensees to
better fulfill the purpose of the Amateur Service and will enhance the
usefulness of the Amateur Service to the public and licensees." //

//The FCC took the opportunity in the /R&O/ to act on the League's
/Petition for Partial Reconsideration/ in the "omnibus" proceeding, WT
Docket 04-140, to retain the 3620-3635 kHz segment for automatically
controlled digital stations. "We conclude that the expansion of the 75
meter band should not be so limited," the FCC said. "We agree with the
ARRL, however, that the Commission did not intend to reduce the amount
of spectrum available for automatically controlled digital stations." //

//To rectify the "unintended consequence" of the rules adopted in the
omnibus proceeding, the Commission amended §97.221(b) to authorize 3585
to 3600 kHz for automatically controlled digital stations. //

//Finally, the Commission said it would conform the Amateur Service
rules to reflect that the European Conference of Postal and
Telecommunications Administrations (CEPT) has reduced from two to one
the number of Amateur Radio license classes. //

//The Commission is amending §97.301 "to authorize Amateur Extra class
privileges to all individuals who have been issued a CEPT radio-amateur
license by their country of citizenship, and who satisfy other
requirements in the Commission's rules." //

//*No Effective Date Yet* //

//Today's /R&O/ spells out the specific Part 97 changes going into place
once the new rules go on the books and indicates that the effective date
will be 30 days after the document appears in the /Federal Register/.
Publication likely will occur in January, with the new rules going into
effect in February. //

//*Reprising the **History **the Morse** Decision* //

//Delegates at World Radiocommunication Conference 2003 (WRC-03)
effectively eliminated the international requirement to demonstrate
Morse proficiency to gain access to HF bands, the FCC recounted in
discussing how it reached its decision in the Morse issue. A dozen and a
half petitions for rule making -- most calling on the Commission to
simply eliminate the Morse requirement -- in the wake of WRC-03 gave
rise to the "Morse code" proceeding. A flurry of comments followed. //

//"The record reflects a division of views in the Amateur Radio
community regarding this proposal," the FCC's /R&O/ said. "Many of the
comments from individual Amateur Radio operators support eliminating the
telegraphy proficiency requirement." Others suggested dropping the
requirement for General applicants while keeping it for Amateur Extra
applicants, the FCC noted. //

//"Others argue that the present telegraphy examination requirements
should be maintained because any reduction in these requirements will be
detrimental to the Amateur Service while providing no long-term
benefits," the Commission continued. //

//The FCC proposed in 2005 to drop the Morse examination requirement
altogether, although the ARRL was among those who felt the Commission
should retain it for Amateur Extra class applicants. The FCC remained
unconvinced. //

//"We nevertheless believe that the public interest is not served by
requiring facility in Morse code when the trend in amateur
communications is to use voice and digital technologies for exchanging
messages," the FCC said. "Rather, we believe that because the
international requirement for telegraphy proficiency has been
eliminated, we should treat Morse code telegraphy no differently from
other Amateur Service communications techniques." //

//The Commission said its reasoning "applies equally" to both the
General and the Amateur Extra class licenses. "We are not persuaded that
the Amateur Extra Class being the highest license class is a sufficient
reason alone to retain a requirement that we conclude is otherwise
inappropriate and unnecessary." At the same time, the FCC said, its
action doesn't preclude Amateur Radio licensees of any class "from
pursuing and/or continuing to pursue Morse code proficiency should they
so desire." //

//The FCC said its rules don't require applicants to pass practical
examinations to demonstrate proficiency in non-telegraphy communications
techniques, and it feels the current regime of written examinations is
"sufficient to determine whether a person is qualified to be issued an
Amateur Radio operator license." //

//*No Special Advantage to Retain**ing** **the **Morse Requirement* //

//In today's /R&O/, the FCC cast aside arguments that Morse ability is
advantageous in emergency communication situations. "The Commission
previously addressed the essence of this argument and concluded that
most emergency communication today is performed using voice, data, or
video techniques," the FCC said. The Commission also turned away
assertions that retaining a Morse code requirement would help in keeping
out the bad apples. //

//"The record is devoid of a demonstrated nexus between Morse code
proficiency and on-the-air conduct," the FCC observed. "As a result, we
concur with the observation that 'maintaining the code requirement does
not purge Amateur Radio of bad operators. Education and self-policing
does.'" //

//The Commission further reiterated its belief that the ability to
demonstrate increased Morse code proficiency doesn't necessarily
indicate an applicant's ability to contribute to the advancement of the
radio art. "A number of commenters agree that the Morse code requirement
'keeps individuals that would enhance the hobby from getting a license,'
and that there is 'no relationship between an individual's knowledge of
Morse code and that individual's knowledge of radio regulations and
practices and skills necessary to operate an amateur station.'" //

//*Eliminating the Technician Disparity* //

//The FCC also reviewed how it changed its mind regarding requests to
eliminate the distinction between Technician and so-called "Tech Plus"
(Technician with Element 1 Morse credit) licensees. In its /Notice of
Proposed Rule Making/ (/NPRM/) in the proceeding, the League said it
wanted to maintain the status quo. The League was among those asking the
Commission to reconsider. //

//"Based on our review of our rules, we agree," the FCC explained in its
/R&O/. "Consistent with our decision herein to eliminate the Morse code
requirement, we are eliminating this disparity by amending Section
97.301(e) to afford Technician and Technician Plus licensees identical
operating privileges." //

//The rule revision will mean Technician and so-called "Tech Plus"
(Technician with Element 1 Morse credit) licensees will get voice and
telegraphy privileges in four HF bands that are identical to those of
Novice class licensees. "In eliminating this disparity between
Technician and Technician Plus licenses, we are simplifying the Amateur
Service licensing structure and promoting regulatory parity." //

//*No Additional Changes* //

//The FCC again denied requests -- including one from the ARRL -- to
create a new entry-level Amateur Radio license along the lines of the
old Novice ticket. Pointing out that the rules it's adopted grant
Technician licensees additional operating privileges in four HF bands,
the Commission said it didn't see any need for additional changes. The
FCC also declined the League's request to grant Novice and Technician
licensees voice and image privileges in certain segments 80, 40, 15 and
10 meters. //

//"Our action today giving Technician class licensees the same
privileges as Technician Plus class licensees does effectively provide
some of the relief ARRL seeks because Technician class licensees now
have voice and digital privileges in the 10 meter HF band," the FCC said. //

//The Commission expressed concern that giving Novice and Technician
holders voice privileges on other HF bands "would be a disincentive for
these licensees to improve their knowledge and skills and attain a
higher class license." //

//*Web Site Resource* //

//The ARRL is posting all information <http://www.arrl.org/FCC/Morse>
relevant to the FCC's actions in WT Docket 05-235 on its Web site. //