ARRL Withdraws "Regulation by Bandwidth" Petition, Plans to Refile
NEWINGTON, CT, Apr 27, 2007 -- The ARRL has announced it's withdrawing its 
controversial November 2005 Petition for Rule Making (RM-11306) calling on the 
FCC to establish a regulatory regime to segment bands by necessary bandwidth 
rather than by emission mode. The League cited "widespread misconceptions" 
surrounding the petition as a primary reason for deciding to remove it from FCC 
consideration. The ARRL left open the option of refiling the same or a similar 
petition in the future, however. 

"The withdrawal of the petition will permit a full discussion and consideration 
of options at the July 2007 meeting of the ARRL Board of Directors," said ARRL 
President Joel Harrison, W5ZN. "The petition then can be recast with a better 
explanation of its scope and the reasons for the proposed changes." 

The ARRL Executive Committee recommended withdrawing the petition when it met 
by teleconference April 10. The ARRL Board of Directors subsequently okayed the 
EC's recommendation by mail vote. 

The ARRL Board continues to support the concept of regulation by maximum 
emission bandwidth as a way to facilitate the eventual transition from analog 
to digital communication modes. ARRL CEO David Sumner, K1ZZ, emphasized that 
the League seeks a regulatory framework that's "fully compatible with both 
narrowband and wideband analog emission modes now in common use" on the ham 
bands. 

Sumner expressed the hope that a refiled regulation-by-bandwidth petition would 
"address -- and hopefully avoid -- widespread misconceptions" about RM-11306, 
either in its original form or as amended earlier this year. Irrespective of 
the present controversy over the petition's proposals, he pointed out, the 
League repeatedly sought comment on its regulation-by-bandwidth concepts before 
filing its petition with the FCC. 

The ARRL first sounded out the Amateur Radio community regarding 
regulation-by-bandwidth three years ago. A September 2004 "It Seems to Us . . 
." QST editorial "Regulation by Bandwidth" followed, explaining the concept and 
its rationale. Hundreds of subsequent comments from ARRL members and others 
"helped to bring the issues on which the amateur community was not in agreement 
into focus." 

That led to a second editorial, "Narrowing the Bandwidth Issues," in April 2005 
QST, soliciting additional comments on the plan's most contentious points. That 
drew hundreds more constructive and critical comments, and the ARRL took all 
input into account in developing a draft petition for the Board's 
consideration. The ARRL filed the petition in November 2005, and the FCC put it 
on public notice in January 2006. 

In all, the amateur community has posted upward of 1000 comments on RM-11306. 
While some comments appropriately reflected concerns about the proposed 
substantial shift in regulatory philosophy, others tended to reflect a lack of 
understanding of existing rules, of the ARRL's proposals, or both. Some 
expressed the view that the League was attempting to promote or legitimize 
particular data modes, such as Winlink. 

"The petition, in fact, had nothing specifically to do with Winlink or any 
other particular data mode," Sumner maintains. "It was, rather, a means of 
facilitating data experimentation, which is somewhat stifled under the current 
rules" that apply almost exclusively to analog modes. 

A major distraction in the public debate related to automatically controlled 
data stations, and assertions that adopting the League's petition would permit 
such facilities to run roughshod over CW and other traditional modes. Sumner 
says automatic control is not even an essential component of the League's 
regulation-by-bandwidth proposals, which would leave in place restrictions on 
automatically controlled stations. 

Revisions to RM-11306 the ARRL filed earlier this year to accommodate changes 
in Part 97 that occurred since November 2005 only seemed to generate additional 
controversy and lead to further confusion, Sumner concedes. Those revisions 
would have largely confined regulation by bandwidth to the VHF and UHF bands. 

One misunderstanding resulting from an unintentional editorial error in the 
League's revisions gave rise to concerns that the ARRL's proposed 3 kHz 
bandwidth limitation for data emissions represented an expansion of the 
currently permitted maximum bandwidth. Quite the contrary, Sumner explains. 

"In fact, 3 kHz bandwidth would have been a new limitation, because the present 
baud rate limit applies to individual carriers," he said. "Therefore, for 
emissions such as OFDM [orthogonal frequency-division multiplexing], which use 
multiple carriers, there is no effective bandwidth limit in the HF bands now." 
Sumner notes that under current rules, a single OFDM signal could conceivably 
-- and legally -- occupy an entire HF band. 

Harrison assured that the League intends to offer a "far better explanation" of 
the consequences of regulation by bandwidth before filing a new petition 
proposing that regulatory concept, "so that the misunderstandings that occurred 
with respect to RM-11306 do not happen again."

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