[WARC] EComm is Changing

Sat Oct 31 02:25:36 GMT 2009

Since the equipment at the EOC is not licensed under an independent license=
, =

the "station licensee" is the radio club - when using the call W0NE - and =

who ever else wants to use his/her call from that location.

Len, you do pose some interesting questions - especially about the =

"licensed" fire/police/whatever person. That alone makes the FCC position =

quite slippery.

-Les

--------------------------------------------------
From: "Len Litvan" <Litvan at acegroup.cc>
Sent: Friday, October 30, 2009 8:45 AM
To: "Winona Amateur Radio Club general discussion" <warc at lists.w0ne.org>
Cc: <ks0j at arrl.org>
Subject: Re: [WARC] EComm is Changing

> 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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