Charles P. Adkins


											DA 18-567

Charles P. Adkins
1821 Leblanc St.
Lincoln Park, MI 48146

Dear Mr. Adkins:

We have before us your petition requesting that the Commission commence a rulemaking proceeding proposing to amend section 97.205 of the Commission’s rules 47 CFR § 97.205.
 to ensure that amateur repeater stations using digital communication protocols do not cause interference to analog amateur repeater stations. Petition of Charles P. Adkins for proposed changes in 47 CFR Part §97.205 in regards to Repeater Stations (filed Apr. 8, 2016).  
  Specifically, you request that the rule be amended to separate analog and digital repeaters either geographically (by prohibiting digital repeaters within 250 car miles of an existing analog repeater system) or spectrally (by designating specific frequency segments for digital repeaters and limiting their power to ten watts). See id. at 1-2.  You also suggest other limitations on the operation of digital repeaters.
  You state that digital repeaters are “a major annoyance” to analog operators. See id. at 2.  
  For the reasons set forth below, we dismiss the petition.

In 2008, we rejected a suggestion to amend section 97.205(b) to designate separate spectrum for digital repeaters in order to segregate digital and analog communications. See Ken D. Chafin and Leon J. Brown, Letter Order, 23 FCC Rcd 7455, 7457 (WTB MD 2008).
  We noted that that when the Commission has previously addressed the issue of interference between amateur stations engaging in different operating activities, it has declined to revise the rules to limit a frequency segment to one emission type in order to prevent interference to the operating activities of other amateur radio service licensees. See id. at 7456 (citing Amendment of the Amateur Service Rules to Provide For Greater Use of Spread Spectrum Communication Technologies, Report and Order, WT Docket No. 97-12, 15 FCC Rcd 1481, 1491, para. 25 (1999) (Spread Spectrum Report and Order); Amendment of Parts 2 and 97 of the Commission's Rules Governing the Amateur Service to Authorize Operation on Additional Frequency Bands in American Samoa, Order, 14 FCC Rcd 20595, 20607, para. 23 (WTB PSPWD 1999)).  
  Rather, interference between amateur stations is already addressed by section 97.101(b) and (d) of the Commission’s rules, which require amateur licensees to cooperate in selecting transmitting channels and in making the most effective use of amateur frequencies, provide that no amateur frequency will be assigned for the exclusive use of any station allocated to the Amateur Radio Service, and prohibit operators from willfully or maliciously interfering with or causing interference to any radio communication or signal. Id. (citing Spread Spectrum Report and Order, 15 FCC Rcd at 1491, para. 25 (citing 47 CFR § 97.101(b), (d))).  
  Moreover, section 97.205(c) already addresses how to resolve interference disputes between repeaters. See 47 CFR § 97.205(c).
  You have not demonstrated any changed circumstances or other reason that would warrant revisiting this decision.  Consequently, we dismiss your petition.

Accordingly, IT IS ORDERED, pursuant to sections 4(i) and (j) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 303(r), and section 1.401(e) of the Commission's rules, 47 CFR § 1.401(e), that the petition for rulemaking filed by Charles P. Adkins on April 8, 2016, IS DISMISSED.

	This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131 and 0.331.

						FEDERAL COMMUNICATIONS COMMISSION




						Scot Stone
						Deputy Chief, Mobility Division
						Wireless Telecommunications Bureau
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