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Dear Readers: I have been so busy organizing emergency communications, working with clubs, doing my “day job,” and getting repeaters on-the-air that I have been very remiss in posting to the blogs. I am going to try to get on a weekly posting schedule going forward. Thanks!

Entries in 97.113 (4)

Wednesday
Mar032010

Bulletin: FCC Wants Comments on Hospital Assn. Request for Blanket 97.113 Waiver

This just in:


http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-365A1.txt

DA 10-365
Released:  March 3, 2010
WIRELESS TELECOMMUNICATIONS BUREAU AND PUBLIC SAFETY AND HOMELAND
SECURITY BUREAU SEEK COMMENT ON REQUEST BY AMERICAN HOSPITAL
ASSOCIATION FOR BLANKET WAIVER TO PERMIT HOSPITALS TO USE AMATEUR
RADIO AS PART OF EMERGENCY PREPAREDNESS DRILLS
WP Docket No. 10-54
Comment Date:   April 2, 2010 Reply Date:  April 19, 2010

73,
Benn KC5CW

Tuesday
Feb162010

CQ Magazine's 97.113 Petition

On December 21, CQ Communications, publisher of CQ Magazine, filed a petition to amend the FCC’s prohibition against business communication over Amateur Radio. This proposal was written not just to cover emergency communications (as was the N5GAR/WB6NOA/N5FDL petition filed Oct. 15) but to include certain other groups as well, such as astronauts and CQ’s own employees.

(Download a copy of the petition here. .DOC format).

These groups, and a few others, could run afoul of the “pecuniary interest” prohibition while doing things like operating from the International Space Station, writing a product review, or participating in a contest.

Here is CQ’s proposed wording:

Proposed Rule Changes

18. Therefore, for the reasons cited above, petitioner proposes the following changes to §97.113 (Proposed additions in italics; proposed deletions are shown with a strikethrough):

1. Amend subsection (a), paragraph (3), as follows:

§97.113 Prohibited transmissions.

(a) No amateur station shall transmit:

(3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer, except as otherwise provided in these rules. Amateur operators may, however, notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis;

2. Add a new subsection(e), as follows:

(e) Communications on behalf of an employer may be transmitted on an occasional basis, provided that:

(1) Such communications are incidental to the employee’s normal job responsibilities and are conducted voluntarily;

(2) Such communications are conducted during an employee’s personal time, including but not limited to lunch hours, days off and other non-compensated time periods, and

(3) The primary beneficiaries of such communications are other amateurs and/or members of the general public, and not the employer.

(4) Nothing in these rules shall be construed to limit the recreational use of an amateur station on an employer’s premises by a duly licensed employee, as authorized by the station licensee.

3. Redesignate existing subsection (e) as (f) make the following changes:

(f) No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, except propagation and weather forecast information intended for use by the general public and originated from United States Government stations and communications, including incidental music, originating on United States Government frequencies between a manned space vehicle shuttle and its associated Earth stations. Prior approval for manned space vehicle shuttle retransmissions must be obtained from the National Aeronautics and Space Administration. Such retransmissions must be for the exclusive use of amateur operators. Propagation, weather forecasts, and manned space vehicle shuttle retransmissions may not be conducted on a regular basis, but only occasionally, as an incident of normal amateur radio communications.

4. Redesignate existing subsection (f) as (g).

In a more-reasoned era, this wording was not necessary and good sense prevailed. With the FCC on the warpath, this petition now seems necessary.

I am supportive of this petition, but don’t like one paragraph, specifically the one that requires employees to communicate “on their own time.”

I don’t see how to make this work in the real world, especially with public safety employees. Are workers really expected to submit special time sheets to make sure they are not paid while on-the-air? And what about people who multitask, are they supposed to add up their total airtime and have it deducted from their wages?

I understand what CQ hoped to accomplish with the paragraph. We considered and quickly rejected similiar wording for our petition, based on the reasoning I’ve outlined.

When the FCC finally assigns a Rule Making number and comment periods on this issue, I will comment in favor of the CQ proposal.

Saturday
Nov282009

Emcomm in the "9/11 Generation" vs. the "Cold War" Generation

As I read the occassional negative comments—misunderstandings and misinformation mostly—about our 97.113 petition, it often strikes me that some people just don’t seem to “get it.” Many of these folks are longtime hams and I think that is part of the problem. They are plenty smart enough, but are simply from a different generation.

9/11 changed many things and one of them was how Amateur Radio responds to emergencies. At least it was supposed to change. In many places, however, change has been elusive. Instead of joining the “9/11 Generation” of emergency management—where we all work closely together—these hams are still in the old “Cold War” model.

Understanding the “Cold War” Model of EMCOMM

In the Cold War model, Amateur Radio licenses were hard to get and our gear was fairly technical and generally pretty large. Amateur Radio operators saw emergency work as just something they did occasionally.

When an emergency occurred, hams would drop in, solve communications problems, and quickly leave. There was an arm’s length relationship between ham radio and emergency managers. Very few emergency managers were hams and, because of the technical complexity that was ham radio, did not want to be.

This model worked for a long time and back in what will be remembered as the Golden Days of Amateur Radio, it made perfect sense.

But, as Amateur Radio technology (and licenses) became commoditized, things changed.

The equipment became easier to use, and capabilities that used to “wow” non-hams, like phone patches and direct connections to law enforcement, landed in everyone’s pockets via cellular telephones. Hams, as a group, were also getting older (as we continue to do) and, perhaps, less active outside their shacks.

Licenses became much easier to get, allowing many who never felt they could become hams to join our ranks. That meant people got licenses who were not interested in radio as much as they needed another way to communicate for non-commercial purposes.

People got ham licenses because they were sailors, storm chasers, CERT members, all non-traditional paths of entry made easier by simplified licensing.

Equipment became easier to use—for a time—leading to the pejorative term “appliance operator.” Now, high-end radios are as hard to use as ever. I am sure that is considered a great improvement by some. At the low-end, however, radios are fairly easy to use, provided you are both trainable and interested.

The “9/11 Model” of Emergency Communications

It’s been said that “9/11 changed everything” and while that isn’t entirely true—our changes were already well underway—the attacks changed enough things that the date still serves as a valuable demarcation point in our thinking about Amateur Radio emcomm.

Post 9/11, interoperable and survivable communications became a hot topic, as did preparedness more generally. People in the community became involved in preparedness in increasing numbers and some of them found (or were directed to) Amateur Radio.

Except for the current flap that prevents volunteers using ham radio to talk to the paid professionals who lead them, Amateur Radio is a fine tool for volunteer emergency service organizations.

Emergency management officials, who had admired ham radio for many years, paid us the great compliment of becoming licensed. I cannot stress enough that I have never run into a situation where local government planned to use Amateur Radio improperly in a commercial sense, such as for routine dispatching.

It is my belief that where problems exist, it is because local hams have not done a good job of staying in contact with their served agencies, explaining to them the appropriate (and non-appropriate) uses for amateur frequencies.

The Political Angle

There is another angle that is worth mentioning. That is the political leanings of those involved. There is no shortage of people—older men, especially—who really have no use for government and don’t think ham radio should be involved with it.

I think some of the negative comments against working with “served agencies” and especially about professional emergency responders as hams comes are based in this anti-government bias.

These people are deeply wrong, but sincere. They want ham radio to be like it used to be, before less technically-inclined (but more civicoriented) people joined our hobby.

While some fear hams becoming involved with emergency agencies, I see it as the only way, long term, to protect our frequencies and our hobby from encroachment. Others see it differently, which will be the subject of a future post.

Wednesday
Jun172009

Important Update On Business Communications

I have today, following a discussion with the FCC concerning interpretation of the 97.113 prohibition of business communication using Amateur Radio, removed my earlier comments on the subject. My new understanding is that the Commission interprets this prohibition very broadly—more so than I could have imagined.

My recommendation is that people whose job it is to provide emergency services should not use Amateur Radio even to discuss how Amateur Radio can provide those services.

I do not believe this interpretation best serves the public interest, but as FCC licensees we are bound to follow the guidance I have received. I will discuss this in a future post.

Meanwhile, I am also preparing a Rule Making Petition to carve out a small exception that would allow licensed hams who are also public safety workers to use Amateur Radio to promote safety and the public good.