Is operating a part-time beacon in the 10-metre band permitted?
<p>Consider the text of <a href="https://www.law.cornell.edu/cfr/text/47/97.203" rel="nofollow noreferrer">47 CFR § 97.203 - Beacon station</a>, with the following scenario:</p>
<p>Sally is a radio operator turning her station into a part-time beacon. She is class Extra and is allowed in all of the portions of each of the bands. Sally places her beacon in the middle of the ten meter band.</p>
<p>Is Sally in violation of this regulation, subsection (d) in particular?</p>

<p>The key part of (e) is the <a href="https://en.wikipedia.org/wiki/United_States_National_Radio_Quiet_Zone" rel="noreferrer">National Radio Quiet Zone</a> that covers parts of east-central West Virginia and west-central Virginia. Because of radio telescopes and military intelligence equipment in the area, there are restrictions (increasingly strict as you get closer) on potential radio interference. A radio source that would be no problem in most of the world can be a major problem when you are trying to pick up a radio signal from a few billion light-years away.</p>
<p>So if Sally is in the National Radio Quiet Zone, she has to notify the National Radio Astronomy Observatory who will consider the power, location, etc. of the proposed beacon, and determine if it will potentially interfere with the radio telescopes before granting permission. If they grant permission, Sally is fine. Otherwise the FCC will decide what Sally can do.</p>
<p>If Sally is outside the National Radio Quiet Zone, then (e) doesn't apply.</p>
<p>So more information is needed before we can know if Sally is legal or not, but as a general rule: Outside the National Radio Quiet Zone, probably ok, inside it, will have to ask for permission.</p>

<p>Looking at another paragraph in <a href="https://www.ecfr.gov/current/title-47/chapter-I/subchapter-D/part-97" rel="nofollow noreferrer">47 CFR Part 97</a> we find <a href="https://www.ecfr.gov/current/title-47/chapter-I/subchapter-D/part-97/subpart-B/section-97.101" rel="nofollow noreferrer">§ 97.101</a> which states</p>
<blockquote>
<p>(a) In all respects not specifically covered by FCC Rules each amateur
station must be operated in accordance with good engineering and good
amateur practice.</p>
</blockquote>
<p>The principal organization for US amateurs is the American Radio Relay League, and they publish a <a href="http://www.arrl.org/band-plan" rel="nofollow noreferrer">band plan</a> which calls for beacons in the 10 meter band be in the range 28.200-28.300 MHz, which is not the &quot;middle&quot; of the 10 meter band. If Alice were to establish a beacon in a way not in accord with the band plan, it's possible that the FCC Regional Director might exercise the authority under 97.203 (f) and order Alice to cease operating the beacon.</p>

<p>97.203(d) works together with 97.109(b) through (d):</p>
<blockquote>
<p>(b) When a station is being locally controlled, the control operator must be at the control point. Any station may be locally controlled.</p>
</blockquote>
<blockquote>
<p>(c) When a station is being remotely controlled, the control operator must be at the control point. Any station may be remotely controlled.</p>
</blockquote>
<blockquote>
<p>(d) When a station is being automatically controlled, the control operator need not be at the control point. Only stations specifically designated elsewhere in this part may be automatically controlled.</p>
</blockquote>
<p>If Sally is operating a beacon outside of the frequencies designated in 97.203(d), 97.203(d) doesn't authorize automatic control.</p>
<p>Given that none of the other provisions for automatic control apply (97.201(d), 97.205(d), and 97.221 don't seem like they apply in your scenario), the station must be locally or remotely controlled. Sally (or another licensed operator designated by Sally) needs to be present and monitoring the station while it transmits. Walking out of the room and leaving the radio alone would be a violation.</p>
<p>Given that a control operator <em>is</em> present then it would seem that this section is satisfied even while beaconing outside of the beacon subbands, however 97.101(a) and 97.101(b) could certainly be an issue <a href="https://law.stackexchange.com/a/93826/3379">as pointed out by Gerard Ashton</a>.</p>

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