The ARRL Letter Vol. 12, No. 7 April 13, 1993 League supports FCC on indecency The ARRL has filed a "friend of the court" (amicus curiae) brief in support of the Federal Communications Commission in the Commission's defense against a lawsuit. The suit, brought by Action for Children's Television and 20 other broadcasting and public-interest organizations, challenges the FCC's monetary forfeiture procedures in indecency cases. The League's interest in the matter is to protect the interests of radio amateurs in effective FCC enforcement. The suit, brought in U.S. district court in Washington, D.C., alleges that the forfeiture proceedings used by the Commission in indecency cases violate Constitutional due-process and free-speech protections. The plaintiffs argue that prompt judicial review of FCC indecency forfeiture orders is not available, and that broadcasters are thus forced to engage in self-censorship. Plaintiffs also claim that the FCC has used such forfeiture orders to punish or threaten broadcasters in other ways, in violation of the Communications Act. The plaintiffs -- the broadcast interests -- have asked that the Court, among other things: 1. Find that the review procedures now used by the FCC cannot constitutionally be used to adjudicate alleged indecency violations under federal law; 2. Enjoin the FCC from initiating or conducting forfeiture proceedings for alleged violations of federal law concerning indecency; and 3. Order the dismissal of all indecency forfeiture proceedings currently pending before the Commission. Because the relief sought by the plaintiffs is not limited to the Broadcasting Service, the case could affect FCC efforts to enforce its rules in the Amateur Service, efforts strongly supported by the ARRL and, according to surveys taken by the League, by the overwhelming majority of radio amateurs. The League in its brief said that "If anything, the Commission has not been aggressive enough in issuing monetary forfeitures for indecent transmissions in the Amateur Radio Service. Monetary forfeitures have been levied only for past transmissions, in egregious cases, during times when children are likely to have receivers tuned to amateur frequencies. Specific determinations of times when children are likely to participate in amateur radio communications have been the subject of a study by the League, and the findings have been submitted to the Commission. The League said it supported the FCC's history of use of monetary forfeitures as a remedy for "past, repeated, indecent transmissions" by amateurs, calling such forfeitures "critical to the maintenance and utility of the character of the Amateur Radio Service. "It is a remedy applied sparingly in the Amateur Radio Service, and in the League's opinion, too sparingly", the League said. "If monetary forfeitures are not available to the Commission as a remedy for indecent speech, there cannot be expected any future enforcement in the Amateur Radio Service at all. "The Commission has, in the last ten years, relied on the deterrence effect of a very few enforcement actions, and the self-regulatory character of the Amateur Radio Service. It cannot (and cannot under current circumstances be expected to) dedicate the limited resources available for enforcement to full evidentiary hearings in indecency cases in the Amateur Radio Service, nor should license revocation, or the ineffective cease and desist procedure, be the only remedies available to the Commission in such cases." Digital committee meets; considers issues The ARRL Digital Committee met March 28 in Boston and addressed the following issues: 1. Continuing work related to automatic HF message relay stations; 2. Radio-to-TNC interface standards; 3. BBS interface standards; 4. The development of wireline message relay systems; and 5. Training material for the beginning RTTY and AMTOR operator. Study by the committee on HF forwarding was a continuation of last year's efforts, which resulted in the ARRL petition to the FCC in February proposing specific sub-bands for both unattended, fully automatic and semi-automatic message relay stations. To date, the FCC has not acted on that petition. Acting on a request by the ARRL Board of Directors, the committee is reviewing how the expansion of unattended, semi- automatic operation privileges into other parts of the digital bands could be done while continuing to protect other users of the spectrum. Both the Board and the Digital Committee are concerned with the effect that potential growth will have on the digital bands. Also of concern, the digital committee reported, is how best to encourage "the development of spectrum-efficient technology and sound operating principles using these increasingly popular modes." The Committee has developed preliminary recommendations that suggest that unattended, semi-automatic stations operating outside of the sub-bands proposed in the ARRL petition be restricted to digital modes that utilize a bandwidth not to exceed 500 Hz. Stations under full, local control would not be required to meet these new requirements. Because of the narrow bandwidth, several stations could operate in the same bandwidth that one AX.25 HF packet station would require, ensuring non-interference for the ham not interested in using automatically controlled message relay systems. Beaconing would be prohibited. The Committee also is proposing the development of operating guidelines, with input from digital operators, for automatically controlled stations, including -- at a minimum -- bulletin handling; interference-avoidance techniques; the proper selection of frequencies; and other methods to improve the efficiency of spectrum use. Finally, the Committee is encouraging the development of non-HF relay methods, including VHF or above or wireline communications, to lessen thge pressure on HF spectrum. Attending the meeting were Board Liaison Mary Lou Brown, NM7N; Chairman David Speltz, KB1PJ; Vic Poor, W5SMM; Craig McCartney, WA8DRZ; Paul Newland, AD7I; Perry "Bo" McClean, W0XK; Dale Sinner, W6IWO; and Headqarters Staff Liaison Jon Bloom, KE3Z. FCC PROPOSES NEW RULES ON EFFECTS OF RADIATION The FCC has released a Notice of Proposed Rule Making to update guidelines and methods used for evaluating the environmental effects of radio frequency radiation, based on new RF exposure standards adopted by the American National Standards Institute (ANSI), in conjunction with the Institute of Electronic and Electrical Engineers, in 1992. In 1985 the FCC adopted 1982 ANSI guidelines, which resulted in some transmitting facilities being required to prepare an Environmental Assessment if they would expose humans to RF levels greater than those recommended by the guidelines. Under the 1985 guidelines many low-power, intermittent, or normally inaccessible RF facilities -- including amateur stations -- were excluded from the FCC's rules. The new, 1992 ANSI guidelines in many respects are more restrictive in the amount of RF permitted and they also extend the frequency range under consideration to 3 kHz-300 GHz. The new guidelines also specify two sets of exposure recommendations, one for "controlled environments" (usually involving workers) and one for "uncontrolled environments" (usually involving the general public). Hand-held devices are treated for the first time in the new ANSI guidelines. The 1982 guidelines included exclusions for devices that did not exceed a "specific absorption rate" (SAR) or whose input was 7 watts or less. The 1992 guidelines also contain low-power exclusions, but they are more stringent and could require manufacturers to demonstrate compliance with SAR requirements. The comment date in this docket, ET 93-62, is August 13, 1993. The reply comment date is September 13, 1993. More information on this proposal will appear in our next issue. FCC DENIES HAM'S REQUEST TO CLEAR RECORD OF LETTERS The FCC has denied a request by an attorney for Richard A. White Jr., KA3T, to have his record of correspondence with the Commission withdrawn and expunged. White was one of eight packet bulletin board operators to receive a letter in January, 1991, saying he "may have operated his station in violation" of FCC rules, by forwarding an "all USA" message which the FCC called a business message. The letter required that White explain the circumstances of the violation and describe what steps he would take to prevent future violations. White, through his lawyer, responded to the FCC, who in April, 1991, said that no further action would be taken against White since he had stated that no "all USA" messages would be sent by his station without prior screening to ensure compliance with the rules. White's lawyer sought to have the correspondence between White and the FCC removed from his records because no action against him resulted, saying that his client was entitled to an untainted record free of any question concerning the operation of his station. The FCC on March 22, 1993, denied that request, calling it "unwarranted." The FCC said that it does not consider a licensee's file contaminated "merely by the presence of an exchange of correspondence between the Commission and the licensee." The FCC called the exchange between it and KA3T "fruitful, in that it shows White as a licensee who takes seriously the responsibility for station control." RUSSIAN AMATEUR SCHEDULED FOR NOVEMBER SHUTTLE FLIGHT Shuttle flight STS-60, scheduled for this November, includes Russian cosmonaut Sergei K. Krikalev, UZ3AK. Krikalev, 34, is a veteran of the Soviet Soyuz space laboratory, in 1988, as well as riding aboard the Mir space station from May, 1991 to March, 1992. Kirkalev is a prime mission specialist for STS-60; a fellow Russian cosmonaut is on standby. STS-60 has not yet received approval for SAREX operations, because none of the U.S. astronauts scheduled for that flight is a licensed amateur. Thus, the SAREX status hinges on Kirkalev becoming a U.S.-licensed amateur in time. The ARRL has sent him study materials, including *Now You're Talking*, and Krikalev, who does speak English, is trying to work studies into his busy NASA schedule. Krikalev has been pushing in his home country for the signing of both a 3rd party agreement and an Amateur Radio reciprocal operating agreement, both of which are hung up in Moscow as more pressing matters are attended to. The signing of either of these agreements would enable Krikalev to become eligible for SAREX operation from STS-60, whether or not he receives a full-fledged U.S. license in time. Meanwhile, SAREX shuttle flight STS-56 is aloft as this is written and scheduled to land April 16. Its all-ham crew has been active working a number of school classrooms. *The New York Times* reported that on April 11 Discovery made contact by Amateur Radio with the MIR space station. "...one of Discovery's five astronauts, Dr. Michael Foale [KB5UAC], chatted by ham radio with a crew member aboard Russia's Mir space station," the *Times* said, "marking the first ship-to- ship conversation in the shuttle program." The *Times* was correct; in April, 1991, Astronaut Ken Cameron, KB5AWP -- the commander on the current flight -- nearly had a 2-way contact with Musa Manarov, U2MIR. It was close but not quite (see July, 1991 *QST*). "Dr. Foale," the *Times* reported, "said he was able to exchange a few words with Aleksandr Poleshchuk before losing contact. The contact occurred as the two spacecraft passed within 86 miles of one another over South America." Incidentally, if you'd like to work with a school during the STS-58 SAREX mission scheduled for this fall, write to the ARRL Educational Activities Department (EAD) to get a SAREX application. The EAD will tell you how to write a proposal to be considered for a scheduled school-to-space QSO. Proposals are due at the ARRL EAD by May 10. The EAD offers free lesson plans and resource materials for every SAREX mission. BRIEFS * Maybe it will have stopped snowing in Newington by June 6, the date of the annual Headquarters open house. It's from 10 a.m. to 4 p.m. and as usual on the same day as the flea market of the Newington Amateur Radio League. * Also in June the Viking Amateur Radio Society of Waseca, Minnesota, will celebrate the 70th anniversary of its parent company, the E.F. Johnson Co. The club will operate from one of the company's original buildings in Waseca on June 18-20 and again during ARRL Field Day June 25-27. The club has asked for special permission to use the call sign 9ALD, the original call of the company's founder Edgar F. Johnson (who died in 1991). If that permission is not forthcoming from the FCC, the club will use its own call sign, WA0CJU. Operations are planned on all "non-WARC" bands from 160 to 10 meters, on AM, SSB and CW, with QSLs and certificates going to those contacting the station. Guest operators are welcome, and the club has a telephone hotline for information: 507-835-6612. * The FCC on April 12 began accepting applications from groups wanting to be certified as "Commercial Operator License Examinations Managers" (COLEMs). This is a result of the FCC's Report and Order in January giving the chief of the Private Radio Bureau the authority to certify "private entities" for such positions. Applicants for certification must describe themselves and their qualifications; how they will prevent any possible conflicts of interest; how they will administer examinations; the geographic area they propose to cover; what examination elements they propose to administer; the frequency of their proposed exam sessions; and their proposed fee structure. The FCC said it would consider an additional window for applications if a sufficient number of applications isn't received. The current window lasts until May 7, 1993. * Former FCC Chairman Robert E. Lee died April 6, 1993 and was remembered by the Commission as its longest-serving commissioner. Lee, who was born in Chicago in 1912, was a commissioner from 1953 to 1981, having been appointed by President Eisenhower and reappointed by Presidents Johnson and Nixon. He served briefly as chairman of the Commission, from February 5 to May 18, 1981, in the initial days of the Reagan administration. Before joining the FCC as an auditor Lee was an FBI special agent, an administrative assistant to FBI Director J. Edgar Hoover, and a Director of Surveys and Investigations for the Appropriations Subcommittee of the House of Representatives. * Stop by the League booth at the Dayton HamVention to see our new Technician class videotape training course, which is now in the final editing stage and scheduled to debut at the HamVention. Jointly produced by the ARRL and King Schools of San Diego, the five-hour course, presented by John and Martha King, KD6SCY and KD6SCZ, covers everything needed to pass the Novice and Technician class written exams. * The FCC has reduced its fine of Donald W. Bishop, N0EA, from $10,000 to $8,000. Bishop was cited in April, 1992, for allegedly transmitting from a mobile installation on 7420 and 15050 kHz. The FCC said it was reducing the fine because of Bishop's "prior history compliance with Commission rules." * The FCC has suspended the Advanced class license of James L. Brantley, K6KPS, for one year, beginning March 21, 1993. Brantley, of Los Angeles, was fined $8,000 in June, 1992, for malicious interference to other amateur stations and "broadcasting" on 14.303 MHz. The suspension was in lieu of the fine under a settlement with the FCC. * The FCC on April 1 changed its rules to allow for the eventual "electronic" filing of license applications in the private radio services. Currently all license applications must include a handwritten signature. Last October Congress amended the Communications Act of 1934 to allow electronic filing of applications, applications signed "in any manner or form, including by electronic means, as the Commission may prescribe by regulation." Any changes to come will only be after the FCC has established procedures for electronic filing; for now amateurs, and all others, are still bound by the handwitten signature requirement. * The premier episode of "Walker, Texas Ranger," starring Chuck Norris, airs Wednesday, April 21, on CBS television. This is the new series that was being filmed in Dallas back in February during which filming the production crew was caught using, apparently unknowingly, hand-held transceivers programmed to operate in the amateur 420-MHz band. The story was on page 78 of April *QST*. * September, 1992, *QST* reported on FCC action against James Winstead, KK6SM, who admitted causing intentional interference to both amateur and commercial channels in the San Francisco Bay area from October, 1990 through July, 1991. The story reported that Winstead was hit with a Notice of Apparent Liability for $15,000, which was issued May 18, 1992. According to the FCC's David Hartshorn, Winstead appealed the fine, and it was reduced to $2,000 in July, 1992. In addition, Winstead's amateur and commercial licenses were suspended for one year, beginning September 24, 1991. * The FCC has denied a request for a waiver of the amateur 1,500 watt power output limitation. Dale Gagnon, KW1I, of Bowe, NH, had asked for the waiver earlier, as well as a reconsideration of the FCC's original denial. The FCC said that Gagnon's latest request for a waiver "has not shown that his circumstances are unique nor has he presented any facts that would warrant a waiver." Gagnon wanted the waiver for his own use, to legally operate on AM at a PEP power more than 1,500 watts output. * The ARRL Awards Committee has unanimously voted to accept recommendations of the ARRL DX Advisory Committee (DXAC) as follows: 1. Add Macedonia (former Yugoslav rep, 4N5, YU5) to the DXCC Countries List for contacts made 8 September 1991 and after; 2. Delete Czechoslovakia (OK-OM) effective 1 January 1993. (Contacts made 31 December 1992 and before count for this deleted country); 3. Replace Czechoslovakia, effective 1 January 1993, with the Czech Republic (OK, OL) and the Slovak Republic (OM). The DXCC Desk will accept QSL cards for these three new countries beginning 1 June 1993. QSL cards received received at the DXCC Desk before 1 June 1993 will be returned without action. * The 19-year-old New York man who used an amateur 2-meter rig to falsely report a downed aircraft in January was sentenced in late March to 60 days in jail. Wayne Michalak, of Appleton, New York, (not a licensed amateur) also was fined $5,000 and ordered to undergo mental health counseling, according to a story in the Buffalo *News*. Our story appeared in April *QST*, p 79. * The satellite radio show "This Week in Amateur Radio" has a new producer: Community Video Associates of Albany, NY. Stephan Anderman, WA3RKB, is host and executive producer of the show, which airs at 5 p.m. ET via the Spacenet 3 communications satellite, transponder 21, on 5.8 MHz wideband audio. George Bowen, N2LQS, is president of Community Video and serves as technical director for "This Week." Community Video is a non-profit, charitable foundation, according to a news release from them. * Quote of the Month: "Within 24 hours of the license arriving [in 1963], I had applied to join the Radio Society of Great Britain ... in those days you joined the RSGB -- it was the done thing, and those who weren't members were looked at somewhat askance." -- New RSGB President Peter Chadwick, G3RZP. * New dates for the Radio Society of Great Britain's International HF Convention are October 8-10, 1993, a change from earlier announced dates. The convention is held at the Beaumont Conference Center, close to Heathrow Airport and Windsor Castle. A brochure and reservation form are available from RSGB HF Committee, PO Box 599, Hemel Hempstead, Herts, HP3 0SR U.K. * The March issue of *QST Canada* announced the 1992 Canadian Radio Relay League Amateur of the Year for 1992: Will Melhuish, VE3AOY. Melhuish, 71, has been licensed since 1970. He has been visually impaired since 1938 and was picked for the CRRL award for his volunteer services as manager -- since 1989 -- of the Amateur Radio program at the Canadian National Institute for the Blind (CNIB). The CNIB program, which pairs clients with sighted amateurs, has 486 current participants. All dressed up ... ARRL Educational Activities Department staffer Bob Inderbitzen, NQ1R, models the latest in shuttle astronaut wear at the convention of the National Science Teachers Association (NSTA) National Convention in Kansas City, Missouri, held April 1-4. The ARRL participated as an exhibitor at what is called the largest gathering of science educators in the world (NSTA has about 50,000 members). ARRL was invited to exhibit by the National Aeronautics and Space Administration's Education Office. The League's exhibit, ably assisted by ARRL Midwest Division Vice Director Bill McGrannahan, K0ORB, attracted nearly 400 teachers, and was intended to display the cooperation between NASA, ARRL and the Radio Amateur Satellite Corporation (AMSAT) in administering the Shuttle Amateur Radio EXperiment (SAREX). Also helping out with the Amateur Radio presence at the convention were Martha Auchard, WB0ERI; Larry Staples, W0AIB (ARRL Public Service Advisory Committee member); Ken Chaffee, WA1QXR (an AMSAT member); and school teachers Shelia Perry, N0UOP; and Ray Binford, N0UON. (Photo by Nelson J. Ehrlich, WB5NOA) Field trip Bob Winn, W5KNE, editor and publisher of the newsletter *QRZ DX*, right, looks on as ARRL Membership Services Manager Chuck Hutchinson, K8CH, shows a screen display of a member's DXCC records. Winn was in Newington for several days to observe operations in the DXCC Branch, even including a nocturnal visit to the evening shift. (K1TN photo) *eof