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CQ Magazine files rule change request on 97.113

One of the nation's leading ham radio publications is joining the movement to modify section 97.113 of the Amateur service rules. This, to permit hams in the employ of government or relief agencies to take part in disaster training drills.

Amateur Radio Newsline's Mark Abramowicz, NT3V, has the rest of the story:

To hear talk among some in the amateur radio community, the FCC's decision to offer an interpretation of this rule more than a year ago without the filing of a complaint or request for clarification still is puzzling and even troubling.

The commission's legal counsel/enforcement officer, read a posting on a bulletin board by a ham who helped his hospital put together and then participated in a disaster drill.

That ham got a communication from the FCC saying he was in violation of the provision of 97.113 regarding pecuniary interest and an employer benefiting from amateur radio.

The perception by some of this heavy-handed approach by the new FCC administration sent shockwaves among not only the amateur community but those it serves.

The result: Some organizations backed away altogether from using the services of amateur radio for fear they could come under FCC scrutiny.

Then, a clarification from the FCC that waivers could be granted. What followed, a petition by a group of hams led by noted radio instructor Gordon West, WB6NOA, seeking to change the rule to allow hams to take part in disaster training exercises put on by their employers.

But CQ Magazine editor Rich Moseson, W2VU, says so much more is at stake and that's why he filed a more inclusive petition with the FCC.

"We realized in reading through all this that really this interpretation goes beyond disaster and emergency communication," Moseson explains. "A very strict reading of this rule means, for example, that I as an employee of CQ Communications, would not be able to do equipment reviews.

"Or, at least, not if it involved transmitting. And, for decades, staff members of magazines have been doing equipment reviews. And, it's never been a problem. But if you read this closely, if I transmit for the purpose of doing an equipment review, then, I'm in violation of the rules."

But Moseson says the FCCs interpretation of this rule, goes even further, and could impact the Amateur Radio on the International Space Station Program.

"Everyone thinks it's (ARISS) a wonderful program," Moseson says. "It's good for NASA, it's good for ham radio, it's good for kids, it's good for the national interest in promoting young people's interest in science and technology by allowing them to communicate with astronauts on board the
space station via amateur radio.

"No one questions the value of this program. But the astronauts are NASA employees and they are clearly communicating on behalf of their employer when they are operating in an ARISS contact."

And, Moseson says, even though they're making those contacts on their free time, if you look at the FCC interpretation, they, too, are in violation. So, Moseson says, it's time to act and he suspects the American Radio Relay
League also will weigh in shortly.

"My understanding was that the ARRL board was going to consider at its meeting a couple of weeks ago, filing its own petition," Moseson says. "My guess is that the FCC will wait until the League files its petition and then group all three of them, or more if there have been others filed as well, into a single petition that is put out for initial public comment."

In the meantime, Moseson says the interpretation stands and waivers will have to be sought.

Moseson says it's clear this issue won't be decided quickly. In most cases, he says, it could take up to a year or more for the FCC to issue it's final decision.

 

Mark Abramowicz, NT3V
Amateur Radio Newsline

You can read the entire story on the CQ petition to change section 97.113
of the Amateur service rules beginning on page 8 and continuing on page 114 of February 2010 issue of that magazine. Its also on-line at
http://www.cq-amateur-radio.com/ZeroBiasFeb10.pdf

 

Source: ARNewsline

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