QRZ! Ham Radio 5/QRZ Ham Radio Callsign Database - Volume 5.iso/files/arrl/hiram/ltr12n7.txt

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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