[WARC] EComm is Changing

Len Litvan Litvan at acegroup.cc
Fri Oct 30 13:45:27 GMT 2009


So I guess this interpretation means that (pertaining to 
disaster/emergency communications):

 - A licensed amateur may not transmit on amateur frequencies via a 
station located in a hospital or other place where she/he is employed 
(incl. county EOC).
 - A licensed amateur may not transmit on amateur frequencies via a 
station other than where she/he is employed while on the clock (e.g., 
disaster site).  [see below]
 - A licensed amateur who is a paid person on the staff of a relief 
agency may not transmit on amateur frequencies in relation to an 
emergency or other relief service related to the agency's activities 
even when not on the clock (e.g., Red Cross).

So, if I am on an emcomm drill or emergency and shadowing a paid person 
in a participating emergency (e.g., assistant Fire Chief), I can pass my 
HT to the person and have him/her talk direct to a counterpart in 
another agency if the person being shadowed by me is not a licensed 
amateur, but I cannot do it if the person is a licensed amateur?

The reference to "station licensee" in the interpretation is also 
interesting.  Who is the "station licensee" of the amateur transmitters 
in the EOC and other spots around Winona?

Do unpaid personnel (first responders, I guess) receive any funding or 
property for personal use as a part of their volunteer work (equipment, 
including personal protective equipment, or clothing )?  Is this 
pecuniary interest?

Seems like it might be worth while to get a clarification of the 
interpretation.  If you agree, let me know and I will start 
something--probably through the ARRL (although I am sure they are 
inundated with requests for clarification already).

Thanks Jim, for alerting us on this interpretation.

Sincerely & 73,
Len  KC0RSX
President
Winona Amateur Radio Club, Inc.

Jim Brown wrote:
>
> Below is from Amateur Radio Newsline.
>
>  
>
> RENFORCEMENT: HAM EXPLAINS WHY HES QUITTING EMMCOMM AT WORK
>
> A ham who posted on an Internet website that he had assisted in an 
> emergency communications drill at work has come forward to explain why 
> he was contacted about his action by FCC ham radio rules enforcer 
> Laura Smith. Amateur Radio Newsline's Norm Seeley, KI7UP, has more:
>
> In his posting to the QRZ.com website, Jeffery Casselberry, W0WLS, 
> says that last July he volunteered to take part in a state sanctioned 
> communication drill which was backed by the Missouri Hospital 
> Association. At that time he was the only licensed amateur in the 
> facility so he said yes.
>
> According to Casselberry this drill took place during business hours 
> while he was on the clock. He explained that he had built the amateur 
> station for the hospital and with it the facility better than most in 
> communicating locally and to the state capital.
>
> W0WLS went on to say that he was so thrilled about the drills success 
> that what he made what he terms as the mistake of posting his 
> excitement on the QRZ website. Someone who read it decided to cut and 
> paste his comments and send them off to the FCC. As a result, W0WLS 
> says that he received an informal email from the FCC's Smith 
> acknowledging his violation and requesting a response.
>
> Casselberry says that he responded to Smith and explained in detail 
> the events of his alleged violation. Smith responded with the 
> following e-mail which reads as follows and we quote:
>
> "Jeff: Again, just so we are clear, Section 97.113 (a)(3) of the 
> Commission's rules specifically states that "no amateur station shall 
> transmit: communications in which the station licensee or control 
> operator has a pecuniary interest, including communications on behalf 
> of an employer." This means that if you are an employee of the 
> hospital you may not operate the amateur equipment on their behalf 
> even after hours or while you are on a break. The operation of the 
> amateur equipment must be conducted strictly by volunteers." -- end quote.
>
> Casselberry went on to say that he does not want to become a poster 
> child for some emergency communications cause on QRZ.com. He says that 
> he is done with this type of ham radio activity and it will never 
> happen again. He's even gone so far as to tell his employer that he is 
> done with this type of radio activity and will take no further part in 
> it's emergency communications program.
>
> W0WLS ends by noting that he is a hobbyist and don't need this sort of 
> turmoil in my life. As such, he will make no further comments on this 
> issue.
>
>  
>
>  
>
> /*/Jim Brown/*//*/ N0WE/*/
>
>  
>
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>
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