robert casey wrote:
Phil Kane wrote:

N2EY asked what the rule authorization was for operation of an
amateur statsion on an expired license if renewal was made in a
timely manner.

Section 1.62(a) of the FCC Rules (not a Part 97 Rule) says:

=A71.62 Operation pending action on renewal application.

(a)(1) Where there is pending before the Commission at the
time of expiration of license any proper and timely
application
for renewal of license with respect to any activity of a
continuing nature, in accordance with the provisions of
Section
9(b) of the Administrative Procedure Act, such license shall
continue in effect without further action by the Commission
until such time as the Commission shall make a final
determination with respect to the renewal application. No
operation by any licensee under this section shall be
construed
as a finding by the Commission that the operation will serve
the public interest, convenience, or necessity, nor shall
such
operation in any way affect or limit the action of the
Commission with respect to any pending application or
proceeding.

Lots of words for a simple concept.

Thanks, Phil!

Seems to me that key words a

"proper and timely application for renewal of license"

"activity of a continuing nature, in accordance with the provisions of
Section 9(b) of the Administrative Procedure Act,"

Lots of room for interpretation there?

For example, if I mail in a renewal the day before expiration, is that
"timely"?

My translation to English: If you send in the renewal
before your license's expiration date, you can continue
to use the privs of the license until the FCC says
that they ain't gonna renew it. I suppose the postmark
(back in the old days of paper snail mail) would determine
that you sent it before the license was to expire.

See above about "timely".

One
probably should do a return receipt to show to the FCC
field guy that you did mail it and that they got it.
But that just says that you mailed *something*, not
that you sent the right form filled out right.

Exactly! And how does anyone know it's "proper" until the Commission
rules?

I bet the occasional old Form 610 still shows up at FCC Hq. for a
renewal.

If you're late sending it in, you have to stay off
the air until you get the new license in teh mail
(or at least when you show in the FCC database as
having been renewed).

Yes?

That's how I see it. But with online renewal and the database, you
don't need to wait for the mail.

But what is the interpretation of "activity of a continuing nature"?
Obviously a broadcaster or safety service transmitter that is on-air
24/7 would be covered. But most amateur operation is of an
intermittent, unscheduled, unprogrammed nature - would it be considered
"activity of a continuing nature" if the ham is on the air on an
irregular schedule?


--

So it appears that, in *some* cases (where a renewal application was
previously filed), a ham with an expired license may be able to operate
legally in the grace period.
But definitely not in all cases.

73 de Jim, N2EY