Federal Communications Commission	DA 22-1241


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of 

AMERICAN RADIO RELAY LEAGUE 

Request for a Waiver of Section 97.111(a) of the Commission’s Rules to Permit Demonstration of Amateur-Military Cross-Band Capabilities During Amateur-Military Commemoration of Pearl Harbor Day
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ORDER

Adopted:  December 1, 2022 	Released:  December 1, 2022

By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:

1. Introduction.  By this order, we grant the request filed by the American Radio Relay League (ARRL) for a limited waiver of section 97.111(a) of the Commission’s rules to permit licensed amateur stations to communicate with Federal stations over a two-day period.  The waiver request is for the limited purpose of a short-term event commemorating the 81st anniversary of National Pearl Harbor Remembrance Day on December 6 and 7, 2022. E-mail from David Siddall, Counsel to ARRL, to Roger Noel, Chief, Mobility Division, FCC Wireless Telecommunications Bureau (November 17, 2022 17:01 EST) (Waiver Request); see 47 CFR § 97.111(a).  
  
2. Background.  Section 97.111(a) of the Commission’s rules authorizes amateur stations to transmit specific types of two-way communications and limits communications with Federal stations. 47 CFR § 97.111(a).
  Section 97.111(a)(5) of the rule grants specific authority to communicate with Federal stations for such communications for one armed forces special event day, the Armed Forces Day Communications Test. 47 CFR § 97.111(a)(5).  
  No other commemoration day is authorized in this section.  
3. ARRL seeks this waiver for December 6 and 7, 2022, in conjunction with observation of National Pearl Harbor Remembrance Day. Waiver Request at 1.
  ARRL states that the tests such as those proposed provide opportunities to train operators and test two-way communications capabilities between military communicators and radio stations in the Amateur Radio Service, which allows operators to demonstrate technical skills in a controlled scenario. Id. at 1-2.
  ARRL also represents that the frequencies and time periods selected will not impact any public, private, or government communications. Id. at 2.  ARRL also attaches to its waiver request email correspondence that states the relevant military authorities support the proposed cross-band operations specific to this event.  Id. at 3-5.
 
4. Discussion.  To obtain a waiver of the Commission's rules, a petitioner must demonstrate either that the underlying purpose of the rule would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest; or, that in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative. 47 CFR § 1.925(b)(3).
  We conclude that granting the requested waiver, for the following reasons and with the following limitations, is in the public interest.  
5. In addition to the skills gained by amateur operators who participate in the test, this specific remembrance day carries particular importance given the ever-decreasing number of World War II veterans able to participate each year.  We also find that the limitations proposed by ARRL are appropriate to prevent harmful interference and to serve the purpose of the commemorative event. Waiver Request at 1-2.

6. Specifically, this waiver is conditioned on participating amateur stations: 1) monitoring the following three federal frequencies: 14,375 kHz, 18,170 kHz, and 21,460 kHz; 2) responding on spectrum allocated to the amateur service and only at the request of event organizers; 3) operating consistent with the privileges of their amateur licenses; and 4) limiting communications to the period beginning 9 am EST December 6, 2022 through 8:59 pm EST December 7, 2022.  Additionally, all other related Commission regulations that are applicable to amateur operators will continue to apply (e.g., mode, maximum power, and license class).
7. Accordingly, IT IS ORDERED that pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and section 1.925 of the Commission’s rules, 47 CFR § 1.925, the Request for a Waiver of Section 97.111(a) of the Commission’s Rules IS GRANTED as set forth and conditioned above.
8. This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission’s rules, 47 CFR §§ 0.131, 0.331.
						FEDERAL COMMUNICATIONS COMMISSION

						Thomas Derenge
						Deputy Chief, Mobility Division
						Wireless Telecommunications Bureau

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