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Ham Radio Community Chapter Federal Communications Update Below.

More FCC News Preserve and Protect Amateur Radio Frequency Allocations

Ham Radio News and User Input.

The FCC Rules Opinion Poll

Whereas: Frequencies allocated to the Amateur Radio Service are the technological equivalent of a "national park," where all may enjoy a natural resource for the purpose of experimentation, education and voluntary emergency communications, provided they demonstrate, through testing, that they are responsible users;

And whereas: Americans, through the Amateur Radio Service, may use a limited range of frequencies throughout the radio spectrum, often shared with government services, and where an increasing amount of spectrum is subject to public auction to the benefit of private economic interests;

Therefore be it resolved: That the American Radio Relay League supports legislation that would preserve and protect, on a primary basis, amateur operator access to existing Amateur Radio Service and Amateur Satellite Service frequencies as a natural resource for the enjoyment of all properly licensed individuals;

Discussion: The American Radio Relay League has long supported legislation that would have required the FCC to provide equivalent replacement spectrum to the Amateur Radio Service for any amateur frequency that was reallocated. These bills have met with considerable success but so far have not been acted upon. In a legislative and regulatory environment in which radio spectrum is viewed as a "harvestable" resource accruing financial benefit to the government and others, Amateur Radio spectrum can no longer be regarded as inviolable and requires the explicit protection of Congress.

Enforcement of Telecommunications Law

Whereas: Users of the radio spectrum are entitled to the full protection of the law from those who would use the spectrum unlawfully;

And whereas: The Federal Communications Commission is charged by Congress with the enforcement of radio regulations;

And whereas:: Amateur Radio operators are encouraged by the FCC's recent efforts to assign a higher priority to enforcement activities;

Therefore be it resolved: That the American Radio Relay League supports legislation permitting FCC or its Administrative Law Judges to issue summary suspension of Amateur Radio licenses in cases of repeated and willful misconduct;

And therefore be it further resolved: That the American Radio Relay League supports higher levels of funding to the FCC, and other legislation as necessary to support broader enforcement activities.

Discussion: While most Amateur Radio operators are law abiding "Americans on the Air," a very few operators engage in "jamming," obscenity and other unlawful acts which, at best disrupt ongoing communication and at worst constitute a threat to public safety. Criminal behavior should be countered with appropriate penalties.

License Fees Only for Services or Benefits

Whereas: Throughout its long and distinguished history, the Amateur Radio Service has accepted the responsibility of a private, not for profit, volunteer group trained in emergency communications, advancing the radio art, promoting technical skills, expanding the reservoir of trained electronic experts leading the nation in emergency communication, and enhancing international good will;

And whereas: The Amateur Radio Service has been exempt from annual fees and other charges by Congressional intent, in recognition and promotion of the voluntary service provided to the FCC and the people of the United States;

Therefore be it resolved: That the American Radio Relay League supports legislative or regulatory measures providing for exemption from annual fees for the licensing or operation of Amateur Radio, unless such fee provides for services or benefits to the Amateur Radio Service.

Discussion: The American Radio Relay League believes that the Amateur Radio Service provides a public benefit far in excess of the benefit from other fees that might be imposed on the service. Indeed, the amateur service has earned the exemption from annual fees and other charges in recognition of voluntary service to the nation. Any license fee imposed on the Amateur Radio Service must be used to offset the cost of services or benefits to the Amateur Radio Service.

Mandatory RFI Standards for Consumer Electronic Devices

Whereas: Devices that emit radio energy are proliferating dramatically;

And whereas: Many home electronic devices lack the necessary filtering and shielding to function properly near the types of transmitters commonly found in residential areas;

And whereas: it is in the public interest to have a robust, interference-free telecommunications environment;

Therefore be it resolved: That the American Radio Relay League supports requiring the Federal Communications Commission to develop and implement effective mandatory standards for radio frequency susceptibility of consumer electronic devices within the scope of PL 97-259.

Discussion: Technology using radio frequency energy such as satellite and other new broadcast services, wireless LANs, industrial, scientific and medical (ISM) devices, baby monitors, remote meter reading devices, two-way radios and data systems, cellular telephones, cordless telephones, remote package tracking systems, are proliferating exponentially. This has led to an increase in reported incidents of radio frequency interference with home consumer devices. As the most visible users of the radio spectrum, amateur operators are often blamed for these problems even when they are operating well within regulatory guidelines and the consumer device is poorly shielded, defective or being used inappropriately. Amateurs are not the problem; they are as much victims as the owners of home electronics. Were Amateur Radio to disappear tomorrow, the problem would continue to grow until the electronics industry acts. Heretofore, the FCC has relied on voluntary compliance, with no apparent success.

Adequate Regulatory Protection for the Amateur Radio Service

Whereas: Amateur Radio provides a valuable voluntary public service that may not compete in the commercial arena, hence requiring adequate regulatory protection;

Therefore be it resolved: The American Radio Relay League favors traditional values and regulatory measures that promote Amateur Radio operation, licensing or spectrum allocation, and opposes measures intended to deregulate Amateur Radio to the extent that the Amateur's unique ability to contribute would be damaged by commercial interests. Deregulation or privatization of Amateur Radio functions of the FCC should be considered only where it would provide superior service to the Amateur Radio community.

Discussion: The American Radio Relay League has long supported the concept of removing unnecessary and burdensome regulation of telecommunications. However, some interest groups recently have raised the specter of radical deregulation, subjecting radio spectrum entirely to market forces. Should all radio spectrum subject to market forces, Amateur Radio, as a non-revenue generating activity, will be driven out by commercial interests. Similarly, licensing and regulation of some aspects of radio operation provide necessary protections for the continued effective use of Amateur Radio frequencies. The ARRL supports well-crafted plans providing maximum freedom in the use of radio spectrum by licensees and full prevention of band piracy.

Amateur Radio License Exam Reimbursement

Whereas: Amateur Radio license examinations are administered by a corps of trained volunteers, coordinated through Volunteer Exam Coordinator (VEC) organizations, who receive no compensation and are restricted by Section 4(f)(4)(I) of the Communications Act to the amount of out-of-pocket expenses for which they may seek reimbursement from those taking such exams;

And Whereas: Examinations for Amateur Radio licenses helps ensure that only qualified and tested operators may operate transmitters on Amateur Radio frequency allocations, and the volunteer testing system results in substantial cost and manpower savings to the Federal Communications Commission;

Therefore be it resolved: That the American Radio Relay League supports legislation increasing the current ceiling on reimbursement for out-of-pocket costs for individuals or organizations which provide or coordinate authorized volunteer license examination services from $4 to $10, adjusted annually every January 1 for changes in the Department of Labor Consumer Price Index.

Discussion: The administration of Amateur Radio license examinations can entail a variety of out-of-pocket costs such as photocopying of written test documents, test room rental, etc. as well as administrative costs to the sponsoring Volunteer Exam Coordinator (VEC) organizations for services such as keyboard entry, quality checking and electronic filing of license application data. These costs can be substantial. Right now, for example, the ARRL VEC incurs liabilities of about $250,000 every year in unreimbursed costs. By raising the statutory ceiling to a reasonable amount, volunteer organizations will be able to continue to offer the current generous number of license exam opportunities while also covering their own costs. Organizations would not likely seek to recover the full $10 permitted, but rather, could adjust their reimbursement as conditions warranted without continually seeking legislative authority to do so.

Opposing Restrictions on Radio Reception

Whereas: In response to a widely publicized incident some in the 105th Congress attempted to tighten the laws prohibiting the interception and disclosure of cellular telephone conversations;

And Whereas; Laws already exist prohibiting such conduct both in the Communications Act (Sec. 105) and in the "Electronic Communications Privacy Act" provisions of the Criminal Code (18 USC 2510 et seq);

And Whereas: Communications privacy in general is better achieved by technological advancement than by law or regulation;

And Whereas: Statutory privacy prohibitions impede technological development and have a detrimental effect on a broad range of lawful radio users including some amateur operators, volunteer fire departments, emergency medical services and others;

Therefore be it resolved: The American Radio Relay League opposes efforts to expand current prohibitions against cellular and PCS eavesdropping beyond those that already exist, except insofar as such efforts strengthen or clarify existing prohibitions, and are specifically restricted to cellular and PCS services that interface with wireline communication.

Discussion: In an attempt to thwart a small group of high tech eavesdroppers, over-broad legislation in the 105th Congress would have prohibited radio reception by many important classes of radio users including amateurs providing emergency communication, volunteer fire departments, block watch groups, legitimate "scanner" enthusiasts, short wave listeners and others. Such legislation was unnecessary.

Support for the Military Affiliate Radio System

Whereas: Congress has repeatedly emphasized the importance of the Military Affiliate Radio System (MARS) to the well-being of American military personnel overseas, specifically supporting the program in reports on the National Defense Authorization Act for Fiscal Years 1998 and 1999, and this view is shared by the Department of Defense;

And Whereas: The MARS system is estimated to save the American taxpayer as much as $27 million a year;

And Whereas: The volunteers in the Amateur Radio Service provide key communication links in the effective utilization of this important program;

Therefore be it resolved: The American Radio Relay League urges Congress to support funding, legislation and other measures to maintain a healthy and robust Military Affiliate Radio System.

Discussion: Army MARS, Navy/Marine Corps MARS and Air Force Mars all require volunteer participants to hold a valid US Amateur Radio license. MARS radio communication takes place on frequencies adjoining amateur bands. In addition to being a vital communications link with American service personnel overseas, MARS is a showcase for the skills of volunteer radio operators and deserves continued federal support.

Opposing Future Antenna Restrictions

Whereas: Congress has acknowledged the need to protect certain classes of residential antenna installations from restrictive local zoning regulations;

And whereas: The proliferation of cellular, PCS and other commercial telecommunications antenna support structures has resulted in increasing concern on the part of local zoning authorities around the country;

And whereas: Some of this concern was reflected in legislation in the 105th Congress that could have created additional obstacles to the erection of antennas and support structures by ceding authority previously reserved for the federal government to municipalities;

And whereas: Local officials in some parts of the country tend to be indiscriminate in developing local ordinances restricting not just the construction and erection of large telecommunications facilities, but also significantly less obtrusive antennas such as those utilized by Amateur Radio operators;

Therefore be it resolved: That the American Radio Relay League opposes the introduction of legislation restricting the siting of commercial telecommunications facilities unless such legislation reflects the legitimate needs of all telecommunications interests;

And therefore be it further resolved: That the American Radio Relay League supports the statutory exemption of reasonable Amateur Radio antenna and support structures from local ordinance and covenant restrictions.

Discussion: Amateur Radio towers and antennas must conform to restrictions outlined in FCC regulations (97.15). Moreover, most amateur operators are able to reach reasonable accommodation with local interests in putting up these comparatively small structures. But every now and then, Amateur Radio interests conflict with those of local authorities who, concerned about public health, safety, convenience and welfare, erroneously promulgate regulations lumping them in with much larger commercial installations. A specific statutory exemption in the Communications Act requiring "reasonable accommodation" would clarify and often resolve these conflicts without impinging on existing local control.

FCC QUESTIONS W5YI-VEC OVER CODE TEST COMPLAINT
From ARRL Headquarters, Newington, CT
Citing past complaints about W5YI-VEC test sessions, the FCC has written Fred Maia, W5YI, with yet another. But Maia says it's much ado about nothing. The FCC letter to W5YI-VEC June 28 included a complaint from Technician licensee Simon Clowes, KD7IEB, of Baker City, Oregon. Clowes protested to the FCC about a Morse Code exam administered at an April 22, 2000, test session by W5YI VE Elwood Fennimore, N7BZ.

Clowes asserted that numerals were not counted as two characters as required by the rules, that the tape was noisy, that other VEs were discussing the text of the tape before the grading was completed, and that the tape speed was erratic. Clowes further complained that Fennimore and the W5YI-VEC were unresponsive to his complaints.

"We have received numerous complaints regarding your testing sessions, and we view the lack of response of Fennimore as extremely serious," wrote FCC Special Counsel for Amateur Radio Enforcement Riley Hollingsworth.

"We're a little confused by this," Maia told the ARRL this week. "Mr Clowes' charge that we didn't respond is totally false."

The April 22 session was a "paperwork only" session, Maia said, and the Baker City VE team went out of its way to accommodate Clowes with a code test. Maia said that Clowes--who once held a license in Australia--first tried to get code credit on the basis of his old Australian ticket. Failing that, Maia says that Clowes--according to an account provided by Fennimore--sat twice for the code test but was able to copy very little and left with his code test answer sheet in hand. Maia says Clowes didn't complain about the administration of the test until a couple of days later. That complaint arrived via e-mail from the account of another ham. Maia says the W5YI-VEC responded to the same e-mail account, then followed up to ensure the message was delivered to Clowes.

Hollingsworth requested that Maia "fully address" Clowes' complaint within 20 days and provide Clowes with a copy of his response. The FCC also requested a full response from Fennimore, with a copy to Clowes, as well as copies of all documents related to the examination session. Maia said he's preparing a formal reply to the FCC.

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