ÐÏࡱá>þÿ 9;þÿÿÿ8ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥ÁM ð¿» bjbjâ=â= %,WWwCÿÿÿÿÿÿlºººººººÎBBB8z Î ¶ŠŠŒŒŒŒŒŒ $· × àŠ ºŒŒŒŒŒŠ lººŒŒ» lllŒºŒºŒ lŒ ln lÚrTºº Œ ?pé{ÇÎtBJ"Ô Ñ 0 â· l· lÎκºººÙMEMORANDUM December 5, 2006 To: ARRL Board of Directors From: David Sumner, K1ZZ, Secretary, on behalf of the Executive Committee Subject: Recommendation and Request for Approval re Petition for Reconsideration in FCC WT Docket No. 04-140 FCC WT Docket No. 04-140 (the so-called Omnibus proceeding) dealt with a wide range of issues, most of them not particularly controversial. Now that the status of J2D emissions with bandwidths greater than 500 Hz has been clarified through the FCCs issuance of an erratum, there are several remaining issues on which the FCC departed significantly from what was proposed in the Notice of Proposed Rulemaking: Moving of the dividing line between the 80-meter CW/RTTY/data subband and the 75-meter CW/phone/image subband from 3750 kHz to 3600 kHz. The NPRM had proposed 3725 kHz, consistent with the ARRL petition. Thus, a shift in the balance between phone/image and RTTY/data from 50/50 to 55/45, as proposed in the NPRM, was made 80/20 instead. Reduction of 100 kHz in the spectrum between 3500 and 4000 kHz that is available to General Class licensees (presently 3525-3750 and 3850-4000 kHz, to become 3525-3600 and 3800-4000 kHz). The NPRM had proposed an increase of 25 kHz (3525-3725 and 3800-4000 kHz, representing a reduction of 25 kHz of RTTY/data in exchange for an increase of 50 kHz of phone/image). Reduction of 75 kHz in the spectrum between 3500 and 4000 kHz that is available to Advanced Class licensees (presently 3525-3725 and 3775-4000 kHz, to become 3525-3600 and 3700-4000 kHz). The NPRM had proposed no change in the amount of available spectrum, simply shifting 25 kHz from RTTY/data to phone/image. Elimination of access to 3620-3635 kHz by automatically controlled digital stations, since RTTY and data are no longer authorized modes in this subband. (The fact that 97.221(b), which lists this subband among others, was not changed is evidence that the implications of expanding of the phone/image band down to 3600 kHz were not fully understood by Commission staff.) After considering several possible options, the Executive Committee unanimously recommends to the Board that it authorize the filing of a petition for reconsideration to move the dividing line between the 80-meter CW/RTTY/data subband and the 75-meter CW/phone/image subband from 3600 to 3635 kHz. The Executive Committee also recommends to the Board that it authorize the filing of a companion petition for a stay of the effective date of the new rules affecting 3600-3635 kHz, emphasizing that only the rules changes affecting this 35-kHz segment be stayed and not the changes affecting the 3635-3750 kHz band. If granted, the petition for reconsideration would reduce the Extra Class voice/image subband by 35 kHz, but would have no negative impact on Advanced Class phone operators and would provide more room for CW/RTTY/data operators (in the case of General and Advanced, almost 47% more). It would restore access to the automatically controlled digital subband of 3620-3635 kHz. Most CW nets would still have to move, but it would be easier to accommodate them. The percentage balance between phone/image and RTTY/data would be 73/27. Petitions for reconsideration always face an uphill battle. While some members of the Executive Committee preferred slightly different approaches, the recommendation has the unanimous support of the committee because it stands the best chance of being granted. This is because it seeks only the minimum change necessary to permit the continued operation of automatically controlled digital stations on 80 meters. Nothing in this proceeding related in any way to automatically controlled digital stations. Yet, without some change in the new rules, these stations must cease operation on December 15; unlike the traditional nets, they do not have the option of changing to some other 80-meter frequency. It seems that FCC staff was not even aware that that was a consequence of the Report and Order until after it was released. Thus, there is some incentive on the FCC side to grant the petition since doing so allows them to correct an error without admitting to one. On the other hand, not petitioning for reconsideration would amount to acquiescing to the consequences of the FCCs error. While this provides the rationale for favorable FCC action on the petition, CW and RTTY/data operators also will benefit. CW nets now operating above 3635 kHz will still have to change frequency if they want to avoid phone interference and dont want to exclude non-Extras from participation, but they will have more flexibility in finding new frequencies. The impact on Extra Class phone operators will be minimal, since overcrowding in the existing 25-kHz Extra Class phone/image subband seldom occurs now and 65 kHz should be more than sufficient to satisfy demand, particularly when coupled with the newly widened Advanced phone/image subband (which of course is also available to Extras). The reconsideration petition would have no negative impact whatsoever on any Advanced and General licensees and would maintain their existing privileges between 3600 and 3635 kHz. The petition for reconsideration only partially addresses the loss of spectrum access by General and Advanced operators. However, judging from member response, it appears that most General and Advanced licensees place somewhat greater value on voice/image spectrum access and do not perceive the FCCs action as a loss for them. In between Board meetings the authority to administer the affairs of the ARRL rests with the Executive Committee. However, on matters as weighty as this, it has been the committees practice to involve the rest of the Board in the decision-making process. Accordingly, and in accordance with Article 6 of the Articles of Association, the following resolution is offered for Board consideration and vote by electronic mail: RESOLVED, that the General Counsel is authorized to file a petition for partial reconsideration of the Order in FCC WT Docket No. 04-140 as follows: In 97.301(b), (c), (d), and (e), to change 3.60 MHz to 3.635 MHz wherever the former appears; and further resolved, that he is authorized to file a request for a stay of the effective date of new rules affecting the band segment 3.60-3.635 MHz until such time as the petition for reconsideration has been acted upon. All Directors are requested to consider this proposal and to cast their vote at their earliest convenience. The deadline for submission of petitions for reconsideration is December 15, but as a practical matter these petitions should be submitted as soon as possible in order to give the Commission time to consider the petition for stay of the effective date, which is also December 15. _____ Summary of Issues and Options WT Docket 04-140 Page PAGE 2 î ò 14®ì ® Ž µ ¶ · » üüùòïòçò0JmHnHu0J j0JUaJ5\ :;ôõãäQ R ý þ cdvwùððêêêêÜêêêÓêÓêÓêÓêêÉÇê 0ýh]0ý^h & F0ý]0ý 0ý `ú]0ý^ ``ú0ý]0ý$0ý]0ýa$0ý]0ýw º ýýw»Œ&'pqë ì p q w ž ¹ º » ùùùùùùùùùùóóóóêèææê $7$8$H$a$7$8$H$0ý]0ý# 01h °Ð/ °à=!°"°# $ %° i8@ñÿ8 NormalCJ_HaJmH sH tH 2@2 Heading 1$@&5\<A@òÿ¡< Default Paragraph Font*>@ò* Title$a$5\, @, Header ÆàÀ!, @, Footer ÆàÀ!&)@¢!& Page Number.B@2. 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