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1993-11-17
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The ARRL Letter
Vol. 12, No. 14
July 24, 1993
Amateur Radio "business rule" to change
At ARRL's request
clarifies what
communications OK
The FCC has amended its rules to allow amateur
operators more flexibility to provide communications for
public service projects and to "enhance the value of the
amateur service in satisfying personal communications
needs."
The new rules are based on a Commission proposal
announced in a Notice of Proposed Rulemaking in July, 1992,
a proposal resulting from an ARRL request. The League at
that time suggested that new language for the rules would
permit amateurs greater flexibility in providing
noncommercial communications while maintaining the
traditional character of Amateur Radio by continuing to
prohibit routine business communications.
In fact, the FCC in its Notice said "the League's
suggested proposal appears to best consolidate the views of
the amateur community (and) as noted by the League the
amateur radio community has a long tradition of self-
regulation and a strong commitment to maintaining the
unclouded distinction between the amateur service and other
radio services."
The Commission in announcing the rules change (in PR
Docket 92-136) said the new rules would permit amateurs to
"facilitate events such as races and parades, to support
educational activities, to provide personal communications
such as making appointments and ordering food, to collect
data for the National Weather Service, and to provide
assistance voluntarily even where there are other authorized
radio services available."
The FCC stopped short of granting an ARRL request
for further definition of acceptable communications,
particularly in the difference between a regular and an
irregular event, saying that providing such anecdotal
examples "would necessitate that the FCC intrude upon the
day-to-day functioning of the service to a far greater
degree than desired." The FCC said that generating a list
of the thousands of possible examples would unduly tax the
Commission's staff.
The wording of the new rules is not yet available;
the new rules will not be in effect until 30 days after they
are published in the Federal Register. The full text of
the FCC's NPRM is in September 1992 QST, page 62; the
rules as adopted are not expected to be materially
different.
Amateurs assist in Midwest floods
By Chuck Gysi, N2DUP
When flood waters ungulfed the U.S. Midwest --
particularly Iowa -- earlier this month, Amateur Radio
operators were ready to pitch in with support
communications. The entire state of Iowa -- all 99 counties
-- was declared a federal disaster area, as well as many
counties in neighboring states.
As daily downpours pelted most of the Hawkeye State,
already-swollen rivers were sent well over flood stage in
many communities. The flooding along the Mississippi River
attracted national media attention, as well as the problems
that plagued the capital city of Des Moines after flood
waters swamped and contaminated the city's water treatment
plant. The problem eventually resulted in the loss of water
for 250,000 residents for many weeks.
In fact, at one time Amateur Radio was the only link
from inside Des Moines' besieged water treatment plant and
those on the outside, as hams relayed information from
inside the submerged facility.
In most river communities, Amateur Radio wasn't
necessarily pressed into service, because flooding didn't
knock out communications circuits. While many towns and
cities dealt with flooded downtown streets, business and
homes, most telephones and governmental radio services
remained in operation.
However, the magnitude of the flooding that resulted
when the Raccoon River overflowed in Des Moines resulted in
the placement of more than 100 Amateur Radio operators in
various roles.
Chuck Willoughby, KA0VBA, is the ARRL district
emergency coordinator for nine counties in Central Iowa. He
said hams became involved to support governmental
operations. The Greater Des Moines FM Club's repeater on
146.820 was placed into service as a link between emergency
operating centers (EOCs) set up at various sites. Net
control was set up at the county EOC at the Polk County
engineer's office.
In addition, hams were stationed at EOCs set up by
the city at East High School, by the state at the Hoover
Building, and by the fire department at its dispatch center.
Two hams were stationed at both the city and state
EOCs because the hams often were used to track down
officials. While one ham remained on the air the other would
pass messages to officials at the EOC. There were as many as
100 officials at the city EOC at times.
In addition to handling traffic over the 2-meter
repeater, hams at the county EOC also manned the U.S. Army
Corps of Engineers' radio at that location. The Corps was
short on manpower and the hams pitched in on the Corps'
frequency.
One essential service performed by the hams during
the flooding was to log river readings in the area. Chris
Charron, WB0RSW, said he was one of those hams who radioed
river level readings, particularly after a critical
instrument failed on the Raccoon River near Van Meter, Iowa.
Charron said he set up a generator at the location to light
up the area where he was logging readings through the night.
In addition to assisting governmental officials, Des
Moines area hams also set up a net for the American Red
Cross, to enable its mobile food units to have wide-area
communications coverage throughout the metropolitan area.
The Red Cross canteens fed not only flood victims, but also
the thousands of volunteers who pitched in to sandbag
endangered levees. Communications also was offered to the
Salvation Army and National Guard, Willoughby said.
Hams who were trained by the Red Cross in damage
assessment also were utilized in the Des Moines area. Two-
person teams of hams would go into areas to start damage
assessment and would radio in hourly to their headquarters
while in areas without phone service. Willoughby noted that
at times there were not enough volunteers for shifts, which
were scheduled 24 hours in advance.
"We're pleased we were able to do as good a job," he
said, adding "We managed to meet our target levels at all
times."
Charron noted that the hams involved in the flood
situation also were able to serve in a rumor control
function, offering information on roads and bridges that
were closed to those who inquired on amateur frequencies.
Looking back at the services provided by the hams,
Willoughby observed that more mobile Amateur Radio equipment
with cigarette lighter plugs and magnetic-mount antennas
could have been used during the disaster operation. The
lighter plugs allow mobile ham gear to be operated from any
vehicle so equipped, as do the mag-mount antennas.
Safety is an important aspect of providing
communications support during an emergency, and
unfortulately there was one non-amateur, communications-
related death during the flood operation.
Spc. Steven M. West, 30, of Ogden, Iowa, died after
an antenna he was attempting to erect fell over and came in
contact with a high-voltage power line. West was setting up
equipment at Veterans Auditorium in Des Moines for
communications with Iowa Army National Guard water trucks,
which provided potable water for the city's residents at
various locations throughout the city.
While Des Moines and the rest of the Midwest started
cleaning up from the flooding, the hams who ride along the
Des Moines Register's Annual Great Bicycle Ride Across
Iowa (the RAGBRAI) prepared to be especially alert because
of the weather problems.
The RAGBRAI, scheduled for late July, traverses the
entire width of Iowa, where the thousands of riders start
off on the western side of the state at the Missouri River
and end on the eastern side by dipping their wheels into the
Mississippi River.
Charron, who works in information services for the
Register, coordinates the dozens of hams who ride along
each year as "bicycle mobile." Charron expected 30 or so
hams to ride along with the 7,000 other riders again this
year, but he noted that they would be diverted if they were
needed elsewhere.
"If any of our people are of use anywhere else
(because of the flood clean-up) we would gladly go there,"
Charron said.
------------------
Chuck Gysi, 35, is news editor of The Hawk Eye in
Burlington, Iowa. He is ARRL emergency coordinator for Des
Moines County, Iowa, and an ARRL public information officer.
Kenwood calls FCC fines "baseless and unfair"
3 dealers hit for
offering TS50S radios
The Kenwood Corporation has called FCC actions
against three of its Amateur Radio dealers "baseless and
unfair ... in violation of equal protection under the laws
of the United States," and "severely damaging to Kenwood's
commercial standing in a competitive industry."
Kenwood's complaint to the FCC is on behalf of three
of its retail Amateur Radio dealers, each of whom received a
Notice of Apparent Liability for $7,000.
The NALs, issued July 2, said that on March 5, 1993,
the Los Angeles-area office of the FCC's Field Operations
Bureau received a complaint alleging that the stores were
marketing transceivers capable of operation outside of the
amateur bands. The complaint said these transceivers "lacked
the required Commission authorization."
FOB investigators went to the three stores, all in
Southern California, where Kenwood TS-50S HF transceiver
were displayed and where literature about the radios
"indicated that the transceiver operated on frequencies not
authorized for amateur radio use," a fact confirmed by store
employees.
The NALs said "Transceivers capable of operating
outside of the amateur radio band are required to have
Commission authorization before marketing. The Kenwood TS-
50S HF Transceiver lacked the required authorization.
"The violation was willful," the NALs said.
The NALs were received by Henry Radio, Los Angeles;
Jun's Electronics, Culver City, Calif.; and Ham Radio
Outlet, Van Nuys, Calif.
Westlink Report reported in its March 18
issue (less than two weeks after the "complaint" to the FCC
cited above) that "we hear rumors from the FCC that the
agency is 'concerned' with some of the out-of-band
capability of the new transceiver. ...the FCC is reportedly
most concerned about the TS-50S's ability to put out 100
watts (25 watts AM) right into the CB band without any
modification," *Westlink* said.
By this time Kenwood had retained a Washington, D.C.
communications attorney, Chris Imlay, N3AKD. Imlay also is,
incidentally, general counsel for the ARRL. Imlay asked the
chief of the FCC's Investigations and Inspections Branch,
Enforcement Division, for a conference on the matter, saying
that "On information and belief, this complaint may have
been registered by a competitor of Kenwood, motivated by
anti-competitive, rather than substantive concerns."
A few days after the NALs were issued in early July,
Kenwood sent a news release to its dealers, saying "We have
been aware of the FCC inquiry for some time, and our
attorney was assured by the FCC that this type of action
(NALs) would not be taken.
"Please be assured that we are doing everything
legally possible to have this situation resolved as quickly
as possible," Kenwood said.
On July 12 Imlay filed a response to the NALs, on
behalf of the three Kenwood dealers, to the FCC's Cerritos,
Calif. field office of the FOB, requesting that the notices
be immediately rescinded.
Imlay said that the complaint that the radios were
being marketed without being type-accepted was without
merit, since "This characteristic is shared by virtually
every commercially made amateur radio transceiver for the
past 20 years."
Imlay also noted that the complaint seemed to be
based in part on TS50S literature indicating that the radios
can transmit outside the amateur bands. In fact, according
to Kenwood, an initial shipment of brochures for the TS50S,
printed overseas and distributed in small quantities to
Kenwood dealers, *did* show frequency ranges greater than
the amateur band limits (e.g., 1.705-2.0 MHz, 3.0-4.0 MHz,
etc).
Kenwood responded that they did not ever advertise
to CB operators, and that the offending brochures were
pulled and replaced when the error was discovered.
Imlay, in his filing, recounted his letter to the
chief of Investigations and Inspections, as well as a
follow-up telephone conversation in which he was told that
"any action that would be taken in this case ... would be
done on an industry-wide basis, and not by an individual
enforcement proceeding."
"The Commission has known for years," Imlay wrote,
"that amateur radio transceivers with the capability noted
in the NALs were being marketed throughout the United
States. Under these circumstances, the issuance of the three
NALs makes no sense whatsoever, and the only effect is to
single out Kenwood from among the manufacturers of other
amateur radio transceivers over the past 20 years."
Imlay said "the Commission has not shown that
the Kenwood TS50S transceiver requires type acceptance. It
is an amateur radio transceiver, which, upon proof of
license, is modifiable for MARS or CAP operation by Kenwood.
It is not intended by Kenwood or the dealers for operation
on frequencies allocated to other radio services, nor have
the NALs alleged that it is.
"There is no indication that it has been marketed or
sold to other than amateur radio operators, CAP or MARS
operators. Imlay said. "It indeed has limited transmit
capability outside amateur allocations, as do other Kenwood
amateur radio transmitters and those of virtually all
amateur radio equipment manufacturers, but that capability
alone does not obligate Kenwood, or any other amateur radio
equipment manufacturer or retailer to obtain type acceptance
for amateur radio equipment under current rules."
Imlay told the FCC that if it thought that all
amateur radio transmitters capable of transmitting "even one
Hertz" outside of the ham bands should be type accepted,
then that should be accomplished through a full notice and
comment rule making procedure. "This is not necessary or
desirable," he said, "but it would at least provide a fair
hearing for the amateur radio industry.
"The NALs are not only baseless as a matter of law,
they are a completely inappropriate response to an apparent
Commission concern about the possibility of misuse of the
products," Imlay said.
LEAGUE FILES REPLIES TO
219 MHZ, PROFILER PLANS
The League has filed reply comments in two FCC
proposals, to allocate 219-220 MHz to amateurs on a shared
basis (ET Docket 93-40) and to allocate 449 and/or 915 MHz
to wind profiler radars (ET Docket 93-59).
In the matter of 219-220 MHz, the League noted that
comments in the matter overwhelmingly supported the
allocation for amateurs, restated the cooperation between
the League and Waterway Communications System Inc. (which
operates a maritime service in the 219-220 band), and cited
comments by other amateur radio entities supporting the
League's contention that the allocation is urgently needed
to alleviate crowding in the 222-225 MHz amateur band in
much of the country.
In its reply comments on proposed allocations for
wind profiler radars the League said once again that the
proposal was confusing, due to its dual nature, and that the
League was still skeptical that wind profilers would be kept
away from metropolitan areas (where they would have the
greatest interference potential).
More on these proposals will appear in September
*QST*.
VEC'S PETITION TO FCC SEEKS
"INSTANT OPERATING" RIGHTS
A petition by the Western Carolina Amateur Radio
Society (WCARS) VEC of Knoxville, Tennessee, asks the FCC to
change its rules to allow amateur privileges to people
awaiting their first license (and call sign) from the
Commission.
The petition has been assigned RM-8288 by the FCC.
WCARS asks that anyone who holds a valid Certificate
of Successful Completion (CSCE) for an amateur operator
license issued within the previous 365 days be authorized
the rights and privileges of the applicable license class
before their call sign is issued and received from the FCC.
The petition proposes a temporary call sign
structure using the prefix WZ followed by numbers and
letters determined from the CSCE-holder's name. WCARS cites
a similar system having been used in the Citizens Radio
Service as a precedent.
The petition says that the system by which upgraded
privileges are immediately available to those already
holding call signs has worked well, as well as noting that
it now is possible to walk into a VE test session as an
unlicensed person and walk out with an Amateur Extra Class
CSCE (yet not be able to operate on the air for as much as
two months).
Finally, the WCARS VEC says that instituting an
"instant operating" rule would save the Commission time and
money by eliminating telephone calls from "licensees in
waiting."
The WCARS-VEC aired their proposal at the National
Conference of VECs in June.
The idea is not a new one. In 1987 the FCC
denied a similar petition, by Frederick G. Hambrecht, KJ4JE,
which sought "instant operating" privileges for Novice
licensees using call signs based on those of the
administering volunteer examiners.
15 comments were filed in response to the Hambrecht
petition, 11 in support and four opposed. Those opposed said
that the waiting period was useful in allowing the newcomers
to put their stations together, and others opposed the
proposal on the grounds that the call sign scheme would be
confusing and unwieldy.
The FCC, in denying the Hambrecht petition, said
that while application processing times had been long (on
the order of two months) when the petition was made, it had
been reduced to a matter of weeks and was therefore not
excessive.
The FCC also said that "it appeared" that the
International *Radio Regulations* to which the U.S. is a
signatory would not allow an "instant operating"
arrangement.
BOARD MEETING HIGHLIGHTS
The ARRL Board of Directors met in Windsor Locks,
Connecticut, July 16-17. The following is a summary of the
actions taken:
* The Board adopted the recommendations of its
Digital Committee, and, accordingly, will seek from the FCC
regulations to permit semiautomatic digital operation below
30 MHz on frequencies authorized for data emissions, outside
of the proposed new subbands for automatic operation.
Bandwidth of digital transmissions of such operations would
be limited to 500 Hz, and transmissions would be permitted
only in response to stations under active operator
control. Digital operators will be cautioned to strictly
adhere to IARU band plans for digital operation.
ARRL will develop, through its Digital Committee,
operating guidelines for semiautomatic operation.
* The League will also petition the FCC to seek
relief from regulatory restrictions on HF digital operations
to further the amateur service's ability to contribute to
the advancement of the radio art.
* The Board affirmed its commitment to have the
League serve as the club and military recreation station
call sign administrator on behalf of the FCC on an
unconditional basis.
* The ARRL Friendship Award was created to encourage
friendly contact between radio amateurs and the discovery of
new friends through personal communication.
* The League will publish a DXCC Yearbook to be
distributed to active DXCC participants who are League
members at no charge.
* The League will petition the FCC to establish a
lifetime operator license for the Amateur Radio Service.
* A new Amateur Auxiliary Training Manual was
approved by the Board, subject to the receipt of an updated
memorandum of understanding between the ARRL and the FCC.
* In response to a recommendation from its Industry
Advisory Council, the Board stated its support for the
concept of plug-to-plug compatibility between Amateur Radio
equipment.
* The Board accepted DXAC-recommended DXpedition
operating practices and urged their widest practical
distribution.
* The Board committed League support for the FCC
efforts to implement electronic filing of license and
upgrade applications. The General Counsel was directed to
file comments opposing any attempt by any authority, other
than FCC, to provide a point-of-examination temporary
operating authority.
* The Board endorsed the concept of an international
Amateur Radio permit, similar in nature to the international
driver's license. It urged that the foundation be laid for
the submission of a proposal to create such a permit to a
future ITU conference.
* A new Spectrum Management Committee was created to
address changes brought about by new technology.
* The Board affirmed its policy of seeking expansion
of the 20-meter band from 14.350 to 14.400 MHz.
* Chris Anziano, KD1OX, was selected as the
recipient of the Hiram Percy Maxim Memorial Award for 1992.
James McCauley, AB6EU, won the Excellence in Recruiting
Award.
* The Philip J. McGan Silver Antenna Award was
awarded to Gary Pearce, KN4AQ. The award recognizes
excellence in public relations.
* The Board bestowed the Technical Excellence Award
for 1992 upon Kenneth Macleish, W7TX, for his article, "Why
an Antenna Radiates," which appeared in the November 1992
issue of QST.
* James Stafford, W4QO, was picked as the Herb S.
Brier Instructor of the Year. Robert Maurais, KC1IV, won
honors as the Professional Teacher of the Year.
* The Headquarters staff was commended for its
efforts in eliminating the DXCC backlog.
The full minutes of the meeting will appear in
September *QST*.
BRIEFS
* ARRL Dakota Division Director Howard Mark, W0OZC,
has resigned due to an impending move to another ARRL
division. His resignation took effect July 18. Per the
ARRL bylaws, Dakota Division Vice Director Rick Whiting,
W0TN, assumes the office of director for the remainder of
Mark's term, until January 1, 1994.
ARRL Southeastern Division Director Frank M. Butler
Jr., W4RH, has been appointed by ARRL President George
Wilson, W4OYI, to replace Mark on the ARRL Executive
Committee for the remainder of Mark's term.
* Four New Orleans-area amateurs have received
notices of violation from the FCC. Joseph F. Richard, N5INX
(Amateur Extra Class); John B. Genovese, WB5LOC (Advanced
class); Vernon A. Paroli, KA5OWW (Advanced class); and Will
T. Blanton Jr., N5ROC (General class) all were cited for
voilations of FCC Rule 97.101 (d) regarding malicious
interference.
The alleged violations took place on 2-meter FM.
FCC Notices of violations require a reply to the
Commission. They do not carry a monetary fine.
* Leonard F. Shaner Jr. of Pottstown, Pa., has
received an FCC Notice of Apparent Liability for $2,000 for
allegedly causing interference to a 2-meter repeater. Shaner
is not an amateur licensee.