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1993-11-17
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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. Krrkalev 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.