[WARC] EComm is Changing

Jim Brown jbrown at luminet.net
Sat Oct 31 11:47:58 GMT 2009 

I think it is pretty simple. If you are a paid employee of an organization
you are not allowed to use Amateur Radio for any activities that involve
that organization. If you are a volunteer you are fine. Bilder as an EOC
employee would not be allowed to use the radio but a licensed volunteer in
the EOC could. As always they key word is paid employee.

Jim
N0WE

-----Original Message-----
From: warc-bounces at lists.w0ne.org [mailto:warc-bounces at lists.w0ne.org] On
Behalf Of Leslie Hittner
Sent: Friday, October 30, 2009 9:29 PM
To: Litvan at acegroup.cc; Winona Amateur Radio Club general discussion
Subject: Re: [WARC] EComm is Changing

Good point, Clare.

-Les


--------------------------------------------------
From: "Clare Jarvis" <jarvis at jarviscomputer.com>
Sent: Friday, October 30, 2009 11:12 AM
To: <Litvan at acegroup.cc>; "Winona Amateur Radio Club general discussion" 
<warc at lists.w0ne.org>
Subject: Re: [WARC] EComm is Changing

>
>
>> 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?
>
>
> I think you can hand your ht to anybody at any time whether they are 
> licnesed or not because they are not the operator.  You are still the 
> control operator and they are not operating the radio.
> You are standing right there and using your call sign.   This is not an 
> issue.
>
> de Clare K0ny
>
>
>
>
>
> On Friday 30 October 2009 08:45:27 Len Litvan wrote:
>> 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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>
>
>
> --
> Mr. Clare Jarvis
> President, Jarvis Computer Software
> PO Box 1264
> Winona, MN 5598707264
>
> (507) 454-2575
> _______________________________________________
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