HAM Toolkit/HAM Toolkit.iso/text/arrl/letter8.25

Text File | 1994-06-05 | 18KB | 708 lines

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). Co-sponsors at presstime

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 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 13, 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

MOVED TO 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 [phone]). 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 "[e-mail]" 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.