The Battle Over 97.113

1. The Amateur Radio Policy Committee The Battle Over 97.113

2. What is ARPC? • A group of three Hams who filed a petition regarding 97.113(a)(3). • Tom Blackwell, N5GAR – Former SM, North Texas, Petitioner 97.205(g). • Gordon West, WB6NOA – Author, instructor, legend. • David Coursey, N5FDL – Writer, Emergency Coordinator, San Joaquin Co. (CA) ARES. • Thousands of hams and served agencies who have made their feelings known.

3. The Moral of This Story(Suggested by K1ZZ) • Be careful what you ask the federal government. • The trouble started after hams began asking the FCC whether specific activities were legal. • There are some questions we don’t want to know the answers to.

4. What have we lost? • Created dissent in our ranks. • Lost credibility with some served agencies. • Lost a year of training in some programs. • Some programs may never return. • Wasted time and energy. • All for something that was probably legal all along!

5. Why does Amateur Radio exist? Sec. 97.1 Basis and Purpose The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles: (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications. (b) Continuation and extension of the amateur's proven ability to contribute to the advancement of the radio art. (c) Encouragement and improvement of the amateur service through rules which provide for advancing skills in both the communication and technical phases of the art. (d) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and electronics experts. (e) Continuation and extension of the amateur's unique ability to enhance international goodwill.

6. What does 97.113(a)(3) say? (a) No amateur station shall transmit:(1) Communications specifically prohibited elsewhere in this part; (2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules; (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer. 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; (4) Music using a phone emission except as specifically provided elsewhere in this section; communications intended to facilitate a criminal act; messages in codes or ciphers intended to obscure the meaning thereof, except as otherwise provided herein; obscene or indecent words or language; or false or deceptive messages, signals or identification; (5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.

7. Timeline • July, 2008 – Riley Hollingsworth, K4ZDH, retires. • January, 2009 – Laura Smith appointed as his replacement. • May, 2009 – Bill Cross speech at Dayton, warning over inappropriate use. • June 16, 2009 – Laura’s e-mail to N5FDL. • Publicity follows – Some hams are nuts. • October 15, 2009 – Gordo, Tom, David file petition. • October 20, 2009 – FCC explains waivers in public notice. • December, 2009 -- CQ Publications Petition. • January, 2010 – ARRL Board wants change to 97.113. • February, 2010 – AHA Waiver Request. • March 24, 2010 – FCC NPRM Issued. • May 24, 2010 – Comments on NPRM end. • June 7, 2010 – Reply comments end.

8. Laura Smith and Me FCC Attorney Laura Smith wrote to me (6/16/2009): “Simply put, a hospital drill that includes any amateur employees of the hospital is a violation of Section 97.113(a)(3). It does not matter if the amateur is “off duty” or on their “lunch hour”; it does not matter if their job description does not include the so-called operation of the amateur radio; it does not matter if they are not getting paid specifically for the drill; it does not matter if they sign a statement indicating that they are doing this strictly as a volunteer. I trust I am making this clear, it does not matter what machinations you come up with, there is no loop hole to the rule. If they are a hospital employee, they may not use the radio on behalf of their employer – period."

9. Bill Cross and Me • Said Blackwell, West and Coursey petition would open ham frequencies to business users and eventually cost us frequencies. • Internal debate at FCC and in government. • My response: 97.1 says that if we don’t solve emcomm problems, we don’t have a defense to protect our frequencies.

10. Interesting… • DHS provided large “interoperable communications grants” for purchase of ham gear. • Laura and Bill make hospital reaccreditation impossible in many cases. Results in American Hospital Assn. waiver request. • Many emcomm programs were discontinued.

11. ARPC Language • “Necessary for disaster relief or emergency response, including training exercises, planning, drills or tests, without regard to whether the amateur operator has related employment, where the transmissions are for the exclusive use of amateur radio operators for noncommercial purposes.”

12. FCC Proposed Language Docket 10-72 § 97.113 Prohibited transmissions. (a) *** (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer, with the following exceptions: (i) A control station operator may participate on behalf of an employer in a government-sponsored emergency preparedness or disaster readiness test or drill, limited to the duration and scope of such test or drill, and operational testing immediately prior to such test or drill. (ii) An amateur operator may 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.

13. What’s missing? • Non-government drills (ARES, anyone?) • Routine communications between paid staff and volunteers related to drills, meetings, etc. • Astronauts, ARRL staff (the CQ Petition)

14. What have I learned? • Some hams are wacko – Read the QRZ.com thread or the comments to the FCC proposal. • EMCOMM people are not universally considered heroes. • The FCC needs to pay more attention to what we are really doing and avoid creating problems where none exist. • Riley was a great guy, but “don’t ask, don’t tell” failed us. • Bill and Laura don’t get it and should apologize for the damage they have done. • Other parts of the FCC and our served agencies love us. • Employee-hams are necessary parts of EMCOMM. • The ARRL may be coming around, but is not an EMCOMM organization. Are fundamental changes needed? (I am a proud life member.)

15. How to comment: Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing.

16. What happens next? • Comment period (5/24) and reply comments (6/7). • Action on AHA blanket waiver request? • Change to FCC wording? • Rule change! (It’s going to happen).

17. Thank You! Copy of presentation and other information at www.n5fdl.com Email me: n5fdl@arrl.net or via www.n5fdl.com