HAM Toolkit/HAM Toolkit.iso/text/arrl/letter9.14

Text File | 1994-06-05 | 20KB | 774 lines

The ARRL Letter

Vol. 12, No. 17

September 14, 1993


5-year ARRL effort bears fruit


FCC gives hams new protection against 'scanner laws'


    An FCC decision on August 20, the result of a 5-year

ARRL effort, gives Amateur Radio operators a powerful new

tool to use against ill-conceived local and state laws and

ordinances.

    In the past referred to as the "Scanner laws

proceeding," the Commission's Memorandum Opinion and Order

actually goes much further than simply saying that amateurs

have a federal right to own and operate their radios. The

Commission's decision supports at length the very essence of

the purpose of the Amateur Service.

    The story of the proceeding, PR Docket 91-36,

actually begins with the FCC Part 97 Rules Rewrite

proceeding in 1988. ARRL's comments in Docket 88-139

proposed the addition of a new section to the FCC Rules to

clarify that the possession of amateur equipment, whether or

not that amateur equipment is incidentally capable of

receiving communications on frequencies allocated to other

services, is permissible.

    Since that time, state statutes and local ordinances

have continued to be construed and applied to permit

confiscation of Amateur Radio mobile transceivers from

licensed amateurs, merely because those transceivers are

capable of receiving certain land mobile bands as well as

amateur frequencies.

    The Commission's ruling will relieve amateurs of the

growing, unreasonable burden established by these laws,

which interfere with the proper functioning of the Amateur

Radio Service and public service communications provided by

amateurs.

    In its handling of PR Docket 88-139, the FCC staff

decided to confine the proceeding as much as possible to a

restatement of existing rules, and to not address this and

other new issues.

    But, the ARRL Board of Directors ad-hoc Part 97

Rewrite Committee wanted to keep the issue alive. So, in

response to the committee's recommendation, ARRL General

Counsel Chris

Imlay, N3AKD, brought to the Executive Committee in the fall

of 1989 a draft request for an FCC declaratory ruling.

    The EC concurred, and the request was filed in

November 1989.

    The FCC's lengthy Order will be treated at length in

November *QST*. The essence of their decision, based on the

ARRL motion for a declaratory ruling, is:

    "We hold that state and local laws that preclude the

possession in vehicles or elsewhere of amateur radio

service transceivers by amateur operators merely on the

basis that the transceivers are capable of the reception

of public safety, special emergency, or other radio

service frequencies, the reception of which is not

prohibited by federal law, are inconsistent with the

federal objectives of facilitating and promoting the

amateur radio service and, more fundamentally, with the

federal interest in amateur operators' being able to

transmit and receive on authorized amateur service

frequencies.

    "We therefore hold that such state and local

laws are preempted by federal law."


Amateur service defended


    The FCC, in the "Discussion" section of its Order,

outlines several reasons for "the strong federal interest in

the preservation and advancement of the amateur service."

    The Order cites as evidence the FCC's comprehensive

set of rules for the amateur service, rules made to ensure

that strong technical standards and operating practices are

maintained.

    The Order also notes that FCC Part 97 Rules spell

out that the amateur service exists to "continue and extend

the amateur's proven ability to contribute to the

advancement of the radio art" (the FCC's words).

    Finally, the Order details recognition of Amateur

Radio by the U.S. Congress, in specifically exempting

amateurs from license fees and in a 1988 "Sense of Congress"

statement that says, in part,

    (The Congress) "strongly encourages and supports the

Amateur Radio Service and its emergency communications

efforts; and government agencies shall take into account the

valuable contributions made by amateur radio operators when

considering actions affecting the Amateur Radio Service."

    ARRL Executive Vice President David Sumner, K1ZZ,

said "This result is all the sweeter because we had been

discouraged from getting our hopes up. The tide had been

running against assertions of federal preemption, and there

was some feeling that PRB-1 represented a 'high water mark'

unlikely to be achieved again.

    "In short, the preemption declaration in PR Docket

91-36 represents an excellent job by the FCC and its staff,

as well as by those in the League who recognized the need,

prepared the arguments, and then kept the faith in the face

of pessimism about the likely outcome."




League defends position on club call sign program


    The ARRL has responded to complaints filed against

it by the W5YI-VEC Inc. and the National Amateur Radio

Association, in the matter of choosing administrating

organizations for a proposed club and military amateur

station call sign program.

    On August 5 the ARRL filed  with the FCC its

opposition to the requests of four other entities to serve

as call sign administrators, citing shortcomings in their

submissions and reminding the Commission that there is no requirement

that more than one administrator be named -- "nor any

advantage to be gained from doing so."

    The ARRL told the Commission that it saw defects in

the applications from the other four groups (W5YI-VEC Inc.,

the NARA, the Quarter Century Wireless Association, and the

Southeastern Repeater Association).

    In response, the W5YI-VEC and the NARA filed

"Motions to Strike" the League's filing. The League has

responded by telling the Commission that the Motions to

Strike are not the "proper procedural vehicle" to use in

taking issue with the League's position, and saying in

addition that the claim made by W5YI-VEC and the NARA that

the League's opposition was defective is untrue.

    W5YI-VEC in its Motion suggested that there is no

FCC rule permitting the League's opposition; the League

responded that its pleading was timely filed as opposition

to a petition (the applications of the four other groups to

be call sign administrators).

    The League also said that the Commission could treat

the League's pleading (technically called a "Consolidated

Opposition") as an informal request for Commission action

(allowed under Section 1.41 of FCC Rules).

    The League's Consolidated Opposition calls

"startling" an allegation of W5YI-VEC that the League "lacks

standing" to oppose other groups' being call sign

administrators.

    In response, the ARRL again cited the history of the

new FCC regulation permitting the call sign program, e.g.,

that the League had the idea in the first place, promoted it

within the FCC and in Congress, and then finally urged the

FCC to adopt a program once it had been enabled by Congress.

     The League further told the FCC that W5YI-VEC

objections to the "tone" of the League's August 5 filing

were not a basis for a Motion to Strike.

    "Suffice it to say," the League said in its

Consolidated Opposition, "that the League continues to

oppose the self-promotional efforts of unqualified or less

qualified organizations to overly complicate and detract

from the efficient private sector administration of club and

military recreation station call signs...

    "Amateur radio clubs and military recreation

stations deserve better," the League said.

    The League responded to a W5YI-VEC contention that

it (the W5YI-VEC) could aggregate groups of people and call

them "members," calling such a plan "the essence of a sham

organization."

    The League said that the argument of the NARA --

that the League's opposition to the applications of the four

other groups was really a petition to the FCC to reconsider

its Order enabling the entire program -- was simply

incorrect.

    The League said that it merely continues to urge the

FCC to decide to appoint only one administrator for the

program; the decision is entirely up to the Chief of the

FCC's Private Radio Bureau, since the enabling legislation

has nothing to say about *how many* administrators should be

appointed.

    The League said that the W5YI-VEC and NARA motions

to strike "are no more than an effort to defend (their)

defective applications ... there is absolutely no basis

whatsoever for striking the League's opposition, and those

motions should therefore be promptly dismissed."

    No new club or military recreation station call

signs have been issued since 1977.


FCC DENIES PETITIONS

FOR A.R. RESTRUCTURING


    The FCC has denied a petition by Scott Leyshon,

WA2EQF, to eliminate written examinations for amateur

operator licenses.  At the same time the Commission denied a

petition by Vincent Biancomano, WB2EZG, which, although it

not advocate a "no written test" license, did, the FCC said,

concur in all other respects with Leyshon's proposal.

    Leyshon's petition, filed April 19, 1993, argued

that current written examinations place a premium on FCC

rules over technical content.  No comments were received on

his petition.

    Biancomano's petition, like Leyshon's, was

characterized by the FCC as proposing that the Commission

state a goal of the amateur service as being either a

technical or a non-technical service.

    The FCC said that of the 170 questions that appear

on examinations for amateur operator licenses, only (their

word) 46 concern rules and operating procedures, while 124

concern "contemporary technical matters." The Commission

said it did not believe that present examinations place an

unjustified premium on rules.

    The FCC said that amateurs have over the years

expressed the view that they agree with the current

statement of the purposes of Amateur Radio, as found in the

FCC Rules, and the FCC agreed.

    Biancomano has responded to the FCC, challenging

their decision. "The FCC for the second time," Biancomano

said, "refused to directly address the bulk of the issues

brought out in Mr. Leyshon's petitions (and mine),

essentially dismissing them with a one-page statement that

contains little in the way of information.

    "While it is the purview of the Commission to accept

or deny a given petition," Biancomano said, it is also the

constitutional right of a citizen to petition government and

to expect a specific response to specific questions in that

petition. The Commission has in fact not provided such a

suitable response."


FREE EXAMS FOR NOVICES

QUESTIONED BY W5YI-VEC


    The W5YI Volunteer Examiner Coordinator (VEC) has

filed a complaint with the FCC, asking that the ARRL-VEC be

forced to change its policy and begin charging for

administering Novice class examinations. The W5YI-VEC argues

that the issue is one of

"uniformity," claiming that ARRL benefits financially from

giving free exams.

    The League, in a response to the FCC, disagreed,

saying that "VECs have always had the latitude to set their

own fees. We see no compelling federal interest in whether

or not a class of nine year olds ought to be charged for

taking an entry-level exam."

    Two matters are at the heart of the W5YI-VEC

complaint, made in a letter to FCC Private Radio Bureau

Chief Ralph Haller:

    First, that different accounting methods used by

various VECs may be contrary to FCC rules governing VECs;

some charge examinees on an individual basis, giving (W5YI-

VEC told the FCC) VEs and VECs the option of not recovering

out-of-pocket costs from any particular examinee.

    W5YI-VEC also charged that the ARRL-VEC, by not

charging for Novice examinations, stands to benefit

financially. "Free examinations," W5YI-VEC said, "when all

other VECs charge, attract applicants. These applicants are

potential purchasers of examination preparation materials

whose purchasing decisions may be unduly influenced by their

choice of VECs."

    The League's policy also affects codeless Technician

licensees who are not charged by the ARRL-VEC for taking the

5-wpm code test to upgrade to "Tech-plus" (thus gaining

Novice HF privileges).


ARRL SUPPORTS SHARING

OF VE RESPONSIBILITY


    The ARRL has gone on record in opposition to a

proposal by the "Rules Committee of the National Conference

of Volunteer Examiner Coordinators" (NCVEC) that would

require a "contact" volunteer examiner be appointed for each

examination session who would have "overall" responsibility

for the session.

    In comments filed August 30, 1993 to the proposal

(RM-8301), the League said that the concept of having three

examiners share liability for exam sessions' integrity has

worked well since the inception of the volunteer examiner

program in 1983, and that the benefits of the three-person

team would be diluted by the NCVEC proposal, if adopted.

    The League said that the FCC's original Notice of

Proposed Rule Making more than ten years ago suggested a

three-person team with a "team chief" who must be an Extra

Class licensee. That idea was abandoned in favor of an ARRL

proposal that a Volunteer Examiner Coordinator system be

established (in FCC Report and Order 83-433, which enabled

the VE program).

    The League said that it should be left to individual

VE teams to designate a "team leader" if they wish, "but in

no case should the concept of a joint and several liability

of the three-examiner team members be diluted."

    The NCVEC proposal came out of the Conference's

annual meeting in June, 1993. The ARRL-VEC was represented

at the Conference but was not a party to the decision to

make the proposal to the FCC.




HQ staffers guests at annual JARL Ham Fair.


    ARRL International Programs Manager Nao Akiyama,

NX1L, has been a long-time guest at the annual JARL Ham Fair

held every August in Tokyo. But new ground was broken when

the magazine *CQ Ham Radio* offered to bring over ARRL DXCC

Specialist Bill Kennamer, K5FUV, as guest of honor.

    After many seconds of deliberation, Bill said yes.

    The mission Bill accepted was to speak at the event,

held August 20-22, and to join Nao in the ritual checking of

QSL cards for JA DXers. With an eventual 61,000 attendees it

is no surprise that the pair eyeballed more than 10,000 DX

QSLs, eclipsing the old record of some 8,000 checked (by a

larger crew including field checkers) at the 1993 Dayton

HamVention.

    Those 10,000 DXCC credits represented 202 individual

applications, to add to the total arriving in Newington in

September -- the Annual List month and the busiest of the

year!

    But this visit was for more than just checking QSLs

-- DXing was the highlight of this year's Ham Fair and

hamdom's premier DX program, DXCC, headed the bill (pardon

the pun).

    Bill Kennamer's job was to describe the massive job

of administering DXCC, with special emphasis on ARRL's on-

going work to computerize more than four decades of paper

records.

    In advance, Bill and Nao prepared the text for a

brochure on the DXCC program specially tailored to DXers in

Japan, DXCC's biggest "customer" after the U.S. The brochure

describes the mechanics of working smoothly with the DXCC

Branch, and suggests solutions to the special problems of

swapping paperwork from halfway around the world.

    Bill and Nao were guests at the elaborate opening of

Ham Fair, complete with a ribbon cutting ceremony to open

the doors. Shozo Hara, JA1AN, President of JARL, gave

opening remarks to the crowd, and served as Master of

Ceremonies for a group of welcoming speeches that followed,

including one by Bill. Kennamer also spoke at a noon forum,

answering the questions that are common to DXers around the

world. "I spent 30 minutes talking and Nao spent 45

translating," Kennamer said with a grin.

    After that Bill and Nao went back to work; Nao made

appointments for anxious DXers to return to the ARRL booth,

so that no more than a handful of them were waiting on line.

    The trip ended with presentation of a plaque to JARL

commemorating ARRL's 10th attendance at Ham Fair, another

plaque thanking CQ Publishing for making Bill's visit

possible, and a celebration dinner.

    Bill Kennamer also reports finding the best place on

earth to buy watches cheap and that McDonald's gets it right

in Tokyo, but those are stories for another time (or place).

-- K1TN.


BRIEFS


    * The third SAREX flight of 1993 is now set for

October 7; STS-58 on Space Shuttle *Columbia* was to have

lifted off for a 13 day mission on September 10 but was

delayed by recurring problems with the shuttle *Discovery*

(STS-51, not a SAREX flight). Fifteen schools are scheduled

to participate. Flight information updates will be available

on W1AW as the launch date nears.


    * Philip M. Kane, N6SP, has been named Engineer-in-

Charge of the FCC's San Francisco office. Kane, 56, began

his FCC career as an electronics engineer at the S.F. office

in 1967 and has been acting EIC there since November, 1992.

Before joining the FCC he worked with the Israeli Ministry

of Communications and was licensed as 4X4UQ.

    Kane, 56, was first licensed in 1952 as K2ASP; he's

an ARRL Life Member.


    * The high cost of countries: A newsletter on the

scheduled February, 1994 DXpedition to Peter I Island, the

most-needed DXCC country in *everybody's* poll, reports that

$50,000 has been spent so far. That is a *downpayment*; The

newsletter is going to DX movers and shakers and may be

followed in greater detail in the various DX newsletters.


    * On August 23, 1993, KH6HME and N6CA set a new 902

MHz terrestrial distance record of 2469 mi (3973 km),

according to N6CA. The contact, with signals just out of the

noise, came at 0136 UTC, on CW. For the next four hours the

pair tried unsuccessfully to make contact on 2304 MHz. 144

MHz was used for liaison. Chip Angle, N6CA, built the gear.


    * Deadline for DXCC submissions to make the 1993

Annual List is Thursday, September 30 (receipt at HQ). Don't

forget that beginning this year the List will not appear in

*QST* but rather will be published separately and mailed in

early 1994 to all active DXCC program participants.


    * Here are several corrections to the list provided

by the Foundation for Amateur Radio 1993 scholarship winners

published in our August 25 issue: Jeffrey Giesberg, KB2CZB,

and Beverlie L. Hartnett, N3NZK, were winners of QCWA

Memorial Scholarships; and David B. Perrin, KC1TS, won the

Ralph Hasslingler Memorial Scholarship; and Patrick J.

KA0ZEQ also was a scholarship winner.


    * Japan has made it easier for amateurs from other

countries to operate there. On June 16 Japan revised its

radio laws to allow foreign nationals who hold Japanese

Amateur Radio operator licenses to establish and operate

their own radio stations in Japan even if they are from

countries not having a reciprocal operating agreement with

Japan.

    Amateurs operating under the new arrangement will be

issued "7J" prefixed-call signs, good for five years.

Applications are taken by the International Section of the

Japan Amateur Radio League (JARL). (Thanks *The JARL News*.)