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1994-11-27
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The ARRL Letter
Vol. 12, No. 16
August 25, 1993
Bill in Congress would protect ham volunteers
Through ARRL efforts a bill has been introduced in the U.S.
House of Representatives, H.R. 2623, that would amend the
Communications Act of 1934 to "facilitate utilization of
volunteer resources on behalf of the Amateur Radio Service."
The League in seeking the legislation said that many
amateurs are reluctant to participate in volunteer programs such
as the Amateur Auxiliary of the FCC's Field Operations Bureau,
the Volunteer Examiner program, and the yet-to-be implemented
volunteer club and military recreation station call sign
administration program, for fear of liability beyond their
control.
The League said that volunteer monitors face the prospect of
being accused of bias or other motives, and that volunteer
examiners may fear being blamed by an examinee for failure to
pass a test.
The legislation is needed, the League argued, to eliminate
an obstacle to volunteer participation in these programs, as well
as to prevent civil actions against good-faith volunteers.
In its successful effort to get the bill introduced in the
House, the League cited the example of Lawrence Macionski,
WA2AJQ, of Royal Oak, Michigan. In 1986, Machioski had assisted
FCC personnel in a case involving alleged malicious interference,
in which the FCC initially sought revocation of a license.
Prior to administrative hearing, the League said, the
accused licensee reached a settlement agreement with the FCC's
Private Radio Bureau, whereby the proceedings would be dismissed
with no admissions on either side, provided that he make a
monetary contribution to the FCC's enforcement efforts.
Thereafter, the accused amateur brought a defamation action
against Macionski, the volunteer who provided the evidence to the
Commission. Although the suit ultimately was dismissed, the
League said, as "insubstantial and malicious," Macionski was
forced to spend enormous sums of money to defend himself, with
"tremendous personal losses from the stress and on his family and
his marriage as a result of the litigation," the League said.
The proposed rules change, referred to as the Amateur Radio
Volunteer Services Act of 1993, was introduced by Congressman Jim
Slattery (D-KS). Initial co-sponsors were Reps. Dan Glickman (D-
KS), Dennis Hastert (R-IL); Mike Kreidler (D-WA); Bernie Sanders
(I-VT); Jolene Unsoeld (D-WA); and Peter Deutsch (D-FL).
The bill itself (the full text of which will appear in
October *QST*) notes that in 1982 the FCC was authorized to
implement the Volunteer Examiner program as well as the
Amateur Auxiliary program, both of which "have greatly enhanced
the self-regulatory character of the Service, and have saved the
Commission countless hours of staff time and other resources."
The bill says "the success of these volunteer programs to
date should be noted, encouraged and expanded."
The bill also notes that the FCC is now reviewing
applications from amateur radio organizations and groups to
administer a call sign program for club and military recreation
stations.
The bill says that a "perception that volunteers put
personal assets at risk in the event of actions against them, as
the result of their provision of the volunteer services" is a
threat to the volunteer programs themselves, and that protection
against such threats is "necessary and reasonable."
H.R. 2623, if enacted, would change the Communicatons Act of
1934 to protect amateur volunteers from personal financial
responsibility resulting from their volunteer activities, as long
as there there was no "willful and wanton misconduct" on the
volunteer's part.
NEW BUSINESS COMMUNICATONS RULE IN EFFECT SEPT. 13
New FCC rules (in Section 97.113) concerning permissible
communications by amateurs will become effective September 12,
1993. The new rules as just published are, except for a handful
of minor word changes, identical to the Commission's Notice of
Proposed Rule Making in July, 1992, and published in September,
1992 *QST* (page 62).
The new rules are a direct result of an ARRL proposal that
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.
The new rules:
* Define prohibited communications, as well as
communications now allowed but formerly prohibited;
* Permit (paid) teachers to use Amateur Radio;
* Define allowable compensation for club station control
operators;
* Define permissible retransmissions by amateurs.
Additional information was in *The ARRL Letter*, July 24,
1993.
SAREX FLIGHT STS-58 SLATED FOR OCTOBER LAUNCH
The third SAREX flight of 1993 has been postponed until
early October. STS-58 on Space Shuttle Columbia was to have
lifted off for a 13 day mission on September 10 but has been
delayed by recurring problems with the shuttle Discovery (STS-51,
not a SAREX flight).
STS-58 crew members include Pilot Richard A. Searfoss, whose
amateur license is pending; Mission Specialist William S.
McArthur Jr., KC5ACR; and Payload Specialist Martin J. Fettman,
KC5AXA.
Amateur Radio frequencies for the mission are: voice
downlink (Worldwide) 145.55 MHz; voice uplink 144.91, 144.93,
144.95, 144.97, 144.99 MHz; voice uplink (Europe only) +144.70,
144.75, 144.80 MHz; and packet uplink: 144.49 MHz.
Fifteen schools are scheduled to participate, in Arkansas,
Texas, Ohio, Missouri, Arizona, Tennessee, New Hampshire,
Kentucky, Colorado, North Carolina, Indiana, and France.
Further information is available from the ARRL Educational
Activities Department. Flight information updates will be
available on W1AW as the launch date nears.
YOUNG AMATEUR HONORED FOR HURRICANE SERVICE
15-year-old Kevin Boudreaux, N5XMH, of Terrytown, Louisiana,
has been chosen for the 1993 *Westlink Report* "Young Ham of the
Year" award. Kevin was active in emergency communications in his
hometown last August after Hurricane Andrew swirled past the Gulf
Coast, spending more than a dozen hours providing voluntary
communications and other services at a Red Cross shelter. A story
about his activities during the storm is on page 26 of December
1992 *QST*.
"I think it was thirteen or fourteen hours," Kevin said. "We
had damage to the building and I reported that to the Red Cross.
And the shelter director got sick, so I called for another
Shelter Director.
"I was talking directly back to the Red Cross headquarters
on St. Charles Street in New Orleans, but I was not on the radio
all the time. They were short handed, so I was running around
doing other things."
Kevin received his award on August 14 at the ARRL National
Convention in Huntsville, Alabama. His father is N5UGE; Mom is
N5VEF.
The *Westlink Report* Young Ham of the Year award program,
now entering its eighth consecutive year, is presented annually
to a licensed Radio Amateur 18 or younger who "has provided
outstanding service to the nation, his community or the
betterment of the state of the art in communications through
Amateur Radio.
FCC TURNS UP HEAT IN WA4D QRM CASE
Michael E. Whatley, WA4D, has been hit with an FCC Notice of
Forfeiture for $2,000. The Commission denied a request from
Whatley that it reconsider the Notice of Apparent Liability it
issued to him in November, 1992.
Whatley was accused of willful and malicious
interference based on FCC monitoring on 7257 and 7258 kHz in late
1992. According to the FCC, Whatley asked the FCC's Field
Operations Bureau for copies of recordings of the transmissions
in question and also requested a 30 day extension of time in
which to respond to the NAL.
The FOB said it granted Whatley the extension and
provided him with both the tape and a transcript of it.
Whatley then argued that other amateur operators were
interfering with *his* transmissions, that the transcripts are
incomplete (not reflecting all communications which were recorded
on tape), and that the parties to other communications on the
band ignored his attempt to "compromise."
On August 20 the FCC announced the monetary forfeiture
order, the FOB saying "We have reviewed the record and affirm our
initial findings."
The FCC said it was not persuaded by Whatley's arguments,
and "further, Mr. Whatley's actions and communications indicate
hostility towards the net members [on 7255 kHz] that were
communicating, and do not support his claim that he intended to
be conciliatory."
Although the base forfeiture amount for malicious
interference is $7,000, the FCC set the fine against Whatley at
$2,000 because he is an individual and has no record of prior
violations.
Whatley has 30 days to pay the fine.
FCC SETS NEW FINES
The FCC has adopted a new schedule of suggested base amounts
for monetary fines, with some reductions and some increases.
Fines in the Amateur Radio Service have been more numerous
since a 1991 Commission policy statement which outlined standards
for assessing forfeitures. Most have been for amateur band
operation by unlicensed persons, for indecent language, and for
malicious and willful interference to other amateurs.
The FCC said that the new schedule still allows it leeway in
adjusting forfeiture amounts up or down depending on
circumstances. It also said that a "significant change" is to
"allow a presumption of diminished ability to pay in certain
services for individuals."
The typical monetary forefiture assessed for most amateur
band violations under the 1991 guidelines has been $2,000.
The National Association of Broadcasters, which challenged
the 1991 fine schedule, saying it had not been subject to public
comment, noted that the new schedule is also not subject to
public comment.
FOUNDATION FOR A.R. AWARDS SCHOLARSHIPS
20-year-old Diane R. Magen, KG5CS, of Grand Forks,
North Dakota, is the top 1993 Foundation for Amateur Radio
scholarship winner.
FAR on August 11 announced 49 winners, ranging from Diane's
$2000 to a number of $500 scholarships. The non-profit FAR
administers scholarships for organizations including the Quarter
Century Wireless Association, the Radio Club of America, the
Young Ladies Radio League, and a number of local and regional
Amateur Radio clubs.
Magen's award is the Rose Ellen Bills Memorial Scholarship;
the second-highest award, $1200, was the YLRL Scholarship,
awarded to 19-year-old Diane M. Weldon, KA1NOJ, of Marlborough,
Mass.
Receiving scholarships were:
Brian D. Kuebert, N4UEZ; Bernard P. Andreoli, WM3L; Shawn E.
Allen, KB8IYA; Dori M. Baker, AA8IT; Jeffrey Giesberg; Craig A.
Gullickson, KC6CEX; Beverlie L. Hartnett; Charles A. Hill,
KA3RWC; Matthew T. Johnson, N5OKP; Steven D. Kraft, KE9RW;
Richard E. Kutter, KB8LOE; Kenneth R. Leitch, KB5OKI; and David
B. Perrin, KC1TS.
Elizabeth Skolaut, KA0YSP; Taras B. Zima, UB5LSL/KD6VWQ;
Michael Ambrose, KC1UK; Keith J. Leitch, KB5JVM; Grant
Kesselring, N0OCI; Guy Shechter N5URI; and Daniel M. Reynolds,
N0LAI; Charles A. Keller, KI5YO; and Diane M. Weldon, KA1NOJ.
G. Colin Pitts, N3KHC; Rodney T. Frank, KA3OZF; Joseph P.
Nunemaker, N3KHP; Elisa Niemtzoq, KA6WWY; Edward J. Calhoon,
N3GJI; Melissa L. Benish, N3FAC; Tony Drake, KC4OBY; Andrew
L. Glasbrenner, KO4MA; Diane R. Magen, KG5CS; Michelle L.
Czaikowski, N4QHT; and Wayne E. Wisner, KA3YEE.
Niesha S. King, N6SFS; Dean R. Madson, KE0WO; Timothy J.
Czerwonka, WO9U; Robert J. Goemans, N9HAD; Karen M. Schneider,
N9SVA; Jennifer Doerrie, KA5WMJ; Erin M. Cottrell, N9SVH; Jeremy
L. Haley, WG9T; Jonathan H. Kolbrak, N9KBB; Michael P. Ley,
N9GQU; Peter S. Wycoff, KA3WCA; Jensen R. Montambault, KC4GPZ;
Kresta L. French, N3NMG; Eric Chapman, KO4BS; and Christopher
Schaab, KD4NFW.
Information on FAR scholarships is available from FAR, 6903
Rhode Island Ave., College Park MD 20740.
NH HAMS HELP IN SEARCH FOR DOWNED PRIVATE PLANE
Amateurs in Coos County, New Hampshire reaped good press in
at least two newspapers as a result of their help in the search
for a downed private aircraft.
39-year-old Francois Tisseyre had left Montreal August 4 on
his way to Portland, Maine. Flying VFR (without a flight plan)
Tissyere failed to show up and a search for him commenced August
5.
The Berlin (NH) *Daily Sun* said on August 6 that the
American Civil Air Patrol had many small planes involved in the
search for Tisseyre but that they "lack the necessary
communications equipment and have had to rely on amateur radio
enthusiasts for updated reports."
The New Hampshire office of Emergency Management
called Rick Force, WB1ASL, who is the ARRL Emergency Coordinator
for Coos County, for assistance, Force organized local amateurs
to drive around the area being searched, listening for the
plane's emergency locator transmitter.
The *Daily Sun* also credited Force's force with gathering
information from the CAP search planes and relaying it, through
an amateur repeater on Mt. Washington, NH, to the Office of
Emergency Management in Concord.
Tisseyre's body and downed plane were located on Sunday,
August 8. On the 11th, the *Coos County Democrat,* in an article
headlined "Local ham operators helped on the search," said 38
amateurs in Maine, Vermont, and New Hampshire had checked into
Force's repeater net during the operation.
Force told the *Democrat* that "We covered every paved road
in Coos County with the exception of the 13-Mile Woods area,
which was covered by the airport. We didn't see anything."
Coos County is the northernmost county in New Hampshire,
located between Quebec and Maine. (Thanks to ARRL New Hampshire
Section Manager Alan Shuman, N1FIK).
BRIEFS
* The 1993 Amateur Satellite Corporation (AMSAT) Annual
Meeting and Space Symposium will be held October 8-10 in
Arlington, Texas. The hosts, the North Texas AMSAT members, plan
a full three days of technical talks and presentations on both
amateur satellites and on the SAREX program. For a registration
form write to AMSAT, 850 Sligo Ave., #600, Silver Spring MD
20910, or call 301-589-6062 (FAX 301-604-3410). Reservations at
the La Quinta Inn may be made through 800-531-5900; ask for the
special AMSAT rate (before September 24).
* A Manchester, Connecticut man who was caught and
subsequently found guilty of interfering with public service
radio communications through the help of a local amateur faces
charges once again.
38-year-old John D. Bertrand was charged with four counts
each of criminal mischief and interfering with police and
released on bond. In 1990, Bertrand was placed on probation after
plea-bargaining on two criminal counts of interference. Bruce
Marcus, WA1NXG, owner of a commercial 2-way radio company, was
credited with the 1990 foxhunt that located Bertrand.
When police began experiencing interference in April of this
year, they again called on Marcus, who according to newspaper
accounts, used a signal-tracking device to trace the interference
to Bertrand's home.
* The executive committee of Region 2 of the International
Amateur Radio Union met August 7-8 in Guauaquil, Ecuador, with
ARRL Southeastern Division Director Frank Butler, W4RH, present
as a director of the Region 2
committee, as well as IARU President Richard Baldwin, W1RU, IARU
Secretary Larry Price, W4RA, and Fred Laun, K3ZO, editor of the
Region 2 News, present as observers.
Items discussed included common license and regulatory
issues; emergency communications; finances; HF band plans, AMSAT,
and plans for upcoming IARU conferences.
* There's still time to register for the 1993 ARRL
Conference on Digital Communications, September 10 and 11 in
Tampa. Registration for the conference, sponsored by the Tampa
Local Area Network, costs $40, and includes proceedings of the
conference and a catered lunch on Saturday.
Send registrations to TPLAN, 6403 N. Paddock Ave., Tampa FL
33614. Information is available from Brian Lantz, KO4KS, on the
Internet via "brianlantz@delphi.com" and reservations at the
Holiday Inn Airport (site of the conference) can be made at 813-
897-4800. Mention the conference for a special rate.
* The Radio Amateurs of Canada have scheduled their first
national convention for July 29-31, 1994, in Calgary, Alberta.
The RAC has issued a call for papers to be presented at the
convention's technical symposium. Topics to be considered
include HF, VHF, UHF, packet, AMTOR, RTTY, AMSAT, and EME.
Interested amateurs should submit by October 15 a proposal
including title, introduction, and abstract. The first draft of
papers will be due by March 1, 1994.
More information is available from G.W. Shand, VE6BLI, 55 -
51551 Range Road 212A, Sherwood Park AB T8B 1B2. (FAX) 403-438-
4398.
The future is here
Advanced Class ham K.C. Arnold, KD4YLT, poses in front of a
display in the lab at ARRL HQ. K.C. will be eight years old on
September 4 and starting 3rd grade. His dad is Harvey Arnold,
KC4JR; mom's too busy working on a PhD to get a ham ticket now.
K.C. was a great interview, saying he's on local repeaters (he
lives in high-tech Chapel Hill, NC.), and operates PACTOR on 20
and 17 meters. "Sometimes" he lets Dad use his FT-1000. K.C.
wouldn't say what his best subject is in school, but in his spare
time he's learning BASIC compiler.
K.C. said he'd like a 2-meter multi-mode rig for Christmas.
Gone, but...
ARRL Senior Assistant Technical Editor Rus Healy,
NJ2L, has left the staff after seven years, to join Microwave
Data Systems in New York. Rus is well known in the field,
especially among VHF and UHF operators, from his many appearances
at technical conferences and conventions. Rus, 27, was at the
center of the expansion of *QST* "Product Reviews" a few years
ago, among his other staff duties. We'll keep him in harness, if
from a distance, as he will continue to work on the *National
Contest Journal*, as well as an ARRL Technical Advisor. (K1TN
Photo)
*eof