wheatley@inuxi.UUCP (Steven Wheatley) (10/30/85)
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THE / R R \ LETTER
VOLUME 4 \ / NUMBER 22
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October 24, 1985
The ARRL Letter is published bi-weekly by the Information
Services Department of the American Radio Relay League, 225 Main
St., Newington, CT, 06111; (203) 666-1541. Larry E. Price, W4RA,
President; David Sumner, K1ZZ, Executive Vice President; Dave
Newkirk, AK7M, Editor; Debra Chapor, Circulation Manager.
Information from The ARRL Letter may be reproduced in whole
or part in any form including photoreproduction and electronic
databanks, providing credit is given to The ARRL Letter and to
the American Radio Relay League.
The ARRL Letter is available in printed form from ARRL.
Subscriptions, limited to ARRL Members, are $19.50 (U.S. funds)
per year for First-Class Mailing to the U.S., Canada, and
Mexico. Overseas air mail subscriptions are available at $31
(U.S. funds) per year. Sample copies are available for an
s.a.s.e.
In this issue:
o THIRD PARTY TRAFFIC OK WITH UK
o MORE ON HAMS IN SPACE
o AMATEUR RADIO BROADCASTING
o ...and much more!
AMATEUR RADIO, NEWSGATHERING AND BROADCASTING
"The Commission's Rules generally permit rebroadcasts of
transmissions of stations in non-broadcast radio services, but
prohibit the use of stations in services not allocated for
broadcast purposes to transmit communications intended for
broadcasting."
Such was one of the many comments read out by FCC in last
June's Report and Order terminating the proceeding in BC Docket
79-47. It seems straightforward enough. The heading for 79-47
reads "In the Matter of Amendment of Parts 73 and 97 of the
Commission's Rules Concerning Rebroadcasts of Transmissions of
Non-Broadcast Radio Stations"; the intent of the proceeding was
to clarify what use could be made of non-broadcast radio by
broadcast users of radio (and television!). Has it?
Some say yes and some say no. FCC was pretty sure it had
covered all the bases. In the text accompanying the rules
changes ordered in 79-47, FCC touched upon broadcasting, Amateur
Radio, General Mobile and CB interests. The Commission related
how it had dealt with a request from the National Association of
Broadcasters for the amendment of the rules to permit broadcast
stations to rebroadcast CB emergency transmissions and to permit
amateur stations to transmit emergency and public safety
information for broadcast and broadcast-related purposes.
Congress had modified Section 605 of the Communications Act of
1934 to eliminate the statutory proscriptions on the unauthorized
interception of Amateur Radio and CB transmissions. Another
modification of 605 in October 1984 did nothing to alter matters
relating to privacy or rebroadcasts of Amateur Radio and CB
communications. FCC had decided to undertake "a comprehensive
review and revision of its regulations with respect to
rebroadcasts of transmissions of non-broadcast radio stations."
Another log on the fire was the interaction between the broadcast
media and Amateur Radio when the U.S. invaded Grenada in October,
1983. What about cooperation between Amateur Radio and
the National Weather Service -- the collection of weather data,
the spotting of tornadoes and their associated severe storm
systems? It all had to be dealt with comprehensively in BC Docket
79-47. The outcome was the 18-page document released by FCC on
June 13, 1985. The Report and Order revised several sections of
Part 97, the Rules for the Amateur Radio Services; these
revisions were covered briefly in August 1985 QST's Happenings,
and in greater detail in Washington Mailbox, September QST. The
full text of these revisions follows this piece.
Glossed, the revisions to Part 97 redefine "emergency
communications," add a prohibition of broadcasting to the rules
pertaining to repeater operation, and slightly alter the text of
the rule prohibiting business communications. There is great
expansion on the theme of Section 97.113 ("Broadcasting and
broadcast-related activities prohibited"): what was a two-
sentence paragraph was revised to detail in nine paragraphs the
dividing line between Amateur Radio and broadcast work. In
paragraph 20 of the discussion accompanying these revisions, the
Commission says that "we are revising the amateur rules and
including specific provisions to prohibit use of amateur stations
for broadcast news gathering or production purposes as proposed.
These rules will prohibit use of an amateur radio station as a
remote pickup or auxiliary link broadcast service facility. Such
uses of an Amateur Radio station as forwarding weather reports or
providing commuter traffic reports for use in any broadcast
context will continue to be expressly prohibited." That seemed
to nail things down pretty well.
Some customers weren't satisfied -- ARRL, for one. The
League took exception to the narrowing of the definition of
"emergency communication" as set forth by the Report and Order
(see "Petition for Reconsideration," below). The original Notice
of Proposed Rulemaking in 79-47 hadn't proposed such a revision,
and the original definition was adequate. Inconsistencies
between the letter of the Part 97 revisions and the preceding
comments by FCC might require "snap judgments" on the part of
amateur operators as to the legality of a given communication.
The National Association of Broadcasters (NAB) and the
Radio-Television News Directors Association (RTNDA) were
similarly concerned with discrepancies between the revised
amateur rules and FCC comment. "The Commission should permit
amateur radio operators to cooperate with broadcast journalists
to gather and report news during broadly defined emergency situa
tions . . . the danger is that the black-letter rules . . . can
be read narrowly as restricting significantly the ability of
broadcasters and amateur radio operators to provide information
of vital interest to the public during periods when such
information cannot be transmitted in a timely fashion by other
means of communication."
The National Weather Service wasn't satisfied.
Interpretations of the revised Part 97 in the 79-47 Report and
Order from some sources in the Amateur Radio media had
participation in severe weather spotting nets drying up.
Couldn't Amateur Radio relay reports of threatening weather to
NWS, or did it have to wait for actual tornadoes to drive actual
straws through actual fence posts (or houses, or people) before
reacting to an "emergency"? Could Amateur Radio report on a
cracked dam that hadn't broken?
The cracked dam broke, so to speak, on September 19, 1985,
when the first of several terrific earthquakes struck Mexico.
Print and electronic news media descended on ham shacks in force.
There was raw newsgathering in the ham bands. Perhaps worse,
amateur frequencies were used for the passing of business traffic
many observers say went beyond what was called for by the
earthquake emergency. What, in the language of the final Report
and Order in BC Docket 79-47, could have allowed this?
It will go down in amateur history as "the rule of reason."
The black-and-white revisions of Part 97 in the Order prohibit
newsgathering right enough. But there was something else --
something ARRL had questioned in its July Petition for Partial
Reconsideration. It had raised eyebrows at NAB and RTNDA as
well. In paragraph 22 of the discussion preceding those
revisions in the Order, FCC had opined:
"We note that a rule of reason applies when interpreting this
emergency exception to the broadcast prohibitions in the Amateur
Radio Service. Thus, conveying news information directly
relating to an unforeseen event which involves the safety of
human life or the immediate protection of property falls within
this rule of reason, if it cannot be transmitted by any means
other than amateur radio because of the remote location of the
originating transmission or because normal communications have
been disrupted by earthquake, fire, flood, tornado, hurricane,
severe storm or national emergency . . ."
Boom. There it is. That was the loophole. That's what was
behind the newsgathering and questionable business traffic you
may have heard on amateur frequencies during the Mexican
earthquake disaster. The clinker is that the letter of the rules
prohibited much of what went on, no matter what related opinion
in the 79-47 document had to say. Informal comment from FCC
subsequent to all this has indicated that such use of amateur
frequencies wasn't what they'd had in mind at all! But informal
comment is just that: non-binding, unofficial. And what of the
National Weather Service's plaint: shrinking participation in
spotting and reportage of tornadoes, hurricanes and other severe
weather on the part of radio amateurs who wish to continue their
tradition of serving the public interest the best they know how
-- while sticking to the rules? Official clarification on a
number of points in Docket 79-47 may be in order.
To update your copy of The FCC Rule Book, revise paragraph
(d) of Section 97.3 (Definitions) to read as follows:
(w) Emergency communication. A non-directed request for help or
a distress signal directly relating to the immediate safety of
human life or the immediate protection of property.
Paragraph (d) of Section 97.85 (Repeater operation) is revised to
read as follows:
(d) A station in repeater operation shall be operated in a manner
ensuring that it is not used for broadcasting (see Section
97.113).
Section 97.91 (One-way communications) is removed and reserved.
Section 97.110 (Business communications prohibited) is revised to
read as follows:
The transmission of business communications by an amateur
radio station is prohibited except for emergency communications
(see Section 97.3[w]).
Section 97.113 (Broadcasting prohibited) is revised to read as
follows:
Section 97.113 Broadcasting and broadcast related activities
prohibited.
(a) An amateur station shall not be used to engage in any form
of broadcasting, that is, the dissemination of radio
communications intended to be received by the public directly or
by intermediary relay stations.
(b) An amateur station may not be used for any activity
directly related to program production or news gathering for
broadcast purposes.
(c) An amateur station shall not retransmit programs or
signals emanating from any class of radio station other than
amateur, except for emergency communications (see Section
97.3[w]).
(d) The following one-way amateur transmissions are not
considered broadcasting:
(1) Beacon or radio control operation;
(2) Information bulletins consisting solely of subject matter
relating to amateur radio;
(3) Transmissions intended for persons learning or improving
proficiency in the international Morse code; and
(4) Emergency communications (see Section 97.3[w]).
(e) Round table discussions or net operations where more than
two amateur stations are in communication with one another are
not considered broadcasting.
ARRL WOULD LIKE THE EVIDENCE
The cooperative emergency communications work between
amateurs, "served agencies" and the media which occurred
following the Mexican earthquakes in September was generally
outstanding, an excellent example of service in the public
interest, convenience or necessity. At the same time, there were
some instances in which media personnel stretched the "Rule of
Reason" to the breaking point by using Amateur Radio for business
rather than communications. In order to reduce the chances of
abuse next time there is a widespread disaster, League Hq. would
appreciate receiving (in the next week or two) tapes or other
firm evidence of misuse by the media which can be used in a low-
key way to correct the problem.
ARRL COMES DOWN HARD ON ATTEMPT TO USE AMATEUR FREQUENCIES FOR
BROADCAST PURPOSES
What's new under the sun? The proverbial rejoinder might be
that there's nothing new except what's been forgotten. Let's
take a peek into the 1933 edition of The Radio Amateur's
Handbook:
"...A hotel on the Pacific Coast offered an amateur radio club a
fine meeting place with free light, power and heat -- provided
the amateurs would establish an amateur station and relay
messages for guests of the hotel. A certain newspaper planned to
'organize an amateur radio club' and establish a 'net' for the
collecting of amateur news for the paper. It offered the
amateurs a club room and the facilities of a powerful station
that it would install as 'net control station' in return for the
things it could gain by making amateurs violate their amateur
status!"
What's new? It's been called PRB-2. On August 13, 1985,
Lee Shoblom, N6ADA, President and General Manager of London
Bridge Broadcasting, Inc., filed a request for waiver of the
amateur rules to permit him to use Amateur Radio in newsgathering
for broadcast purposes. He requested that he be able to use 434
MHz for gathering news of community interest for broadcast on his
low-power television station. Hmmm. Wasn't this just a fancy
way of proposing the use of Amateur Radio in "remotes" (remote
pickups) for "electronic news gathering" (ENG)?
ARRL thought so. One of the decisions taken at the August
meeting of the ARRL Board's Executive Committee was that Counsel
be ordered to file comments opposing "in the strongest possible
terms" the unwarranted intrusion of broadcasting into an amateur
band. Here are some of those comments:
"The League is frankly at a loss to understand how this
request merits establishment of a pleading cycle for public
comment. Even had London Bridge attempted to meet its burden to
justify a waiver, the issue raised therein -- use of Amateur
Radio for broadcast purposes -- has just been addressed directly
in a full notice and comment proceeding. Report and Order, Docket
79-47 [see above - editor] . . . the solicitation of comment has
caused a great deal of misunderstanding on the part of
responsible broadcasters and amateurs. It has further confused
the process of determining the reasonable parameters of
cooperation in emergencies between the two types of licensees.
The pleading cycle should be terminated immediately and the
waiver request denied.
"When an applicant seeks waiver of a rule it must plead with
particularity the facts and circumstances which warrant such
action and give affirmative reasons to justify the grant of the
waiver and the public interest . . . London Bridge has not even
attempted to meet this burden. The sole justification stated in
the request is that:
`I'm well aware that this is a most unusual request, but I
feel it is right in line with the many recently lifted FCC
restrictions, amateur and commercial, allowing better service to
the community, more efficiency in our operations and a more
reasonable approach to rules and regulations.'
"Such a general hearts-and-flowers approach fails utterly to
justify a waiver of whatever Amateur Radio Service Rules London
Bridge wishes to have waived. The request is procedurally
inadequate and must be denied.
" . . . London Bridge's request . . . apparently seeks waiver
of both Sections 97.110 and 97.113 of the Rules, which prohibit .
. . business communications (except emergency communications) and
broadcast-related activities. Specifically, Section 97.113(b) of
the Rules directly prohibits use of an amateur station 'for any
activity related to program production or news gathering for
broadcast purposes.' This is, of course, exactly what London
Bridge wishes to do with amateur station K6ADA.
" . . . The broadcast services are adequately served by
remote pickup broadcast service facilities for remote
transmissions of the type sought by London Bridge . . . it is
obvious that the basis for London Bridge's request is that
amateur television equipment is significantly less expensive than
type-accepted broadcast remote-pickup transmitters and associated
equipment and is of high enough video quality to be used for TV
auxiliary use . . . London Bridge more appropriately should have
sought a waiver of type-acceptance requirements for TV auxiliary
stations under Part 74 to allow use of non-type-accepted hardware
on broadcast auxiliary frequencies . . .
"Commercial use of Amateur Radio is antithetical to the basis
and purpose of the Service, as understood both nationally and
internationally. Use of amateur frequencies for newsgathering
and other broadcast-related purposes is expressly prohibited by
the Rules, and has uniformly been so prohibited since the advent
of the Service . . . the instant waiver request is a blatant
intrusion into the non-commercial nature of Amateur Radio with no
explanation even attempted. With vast spectrum allocations
available to TV auxiliary use in the area of Lake Havasu City,
the absurdity of the request is apparent."
Reply Comments in PRB-2 were to have been filed by October 28.
It's hoped that FCC's answer to the London Bridge request will be
succinct. The same old question deserves the same old answer:
broadcast use of amateur frequencies is not Amateur Radio. But
that's nothing new.
ARRL'S PETITION FOR PARTIAL RECONSIDERATION
IN BC DOCKET 79-47
As mentioned above, ARRL has asked for partial
reconsideration in 79-47. Here are some of the finer points:
1) As noted above, prior to the effective date of its Report
and Order, Section 97.3(w) of the Rules defined emergency
communications as "any amateur communication directly relating to
the immediate safety of life of individuals or the immediate
protection of property" This definition has adequately served to
inform amateurs of what constitutes emergency communications and
what does not, from the point of view of exceptions to the
prohibitions of one-way communications and of business
communications.
2) The original Notice of Proposed Rulemaking in 79-47 did
not suggest revision of the definition of emergency
communications. It did propose the elimination of the authority
to transmit one-way "emergency communications including
bona fide emergency drill practice transmissions" address to
amateur stations. The League's comments objected to the deletion
of express authority to engage in one-way emergency
communications and to make such transmissions in bona fide
simulated emergency preparedness tests in which amateurs are
engaged routinely.
3) No good reason can be found to justify the extremely
narrow and restrictive definition of emergency communications
cast upon the Amateur Service for the first time in the Report
and Order in 79-47.
4) The "rule of reason" noted in the Report and Order is no
substitute in this instance for a rule which is sufficiently
broad on its face to allow amateurs the flexibility to exercise
their own demonstrated reasonableness in emergency communications
situations. Licensees should not have to make snap decisions on
the legality of a communication under emergency conditions; the
rule itself should provide sufficient flexibility.
5) The old definition of "emergency communications," or one
less restrictive than the former, should be adopted.
421-430 MHZ GOES TO LAND MOBILE
Effective November 4, 1985, FCC has allocated portions of
the band 421 to 430 MHz to the Land Mobile Service in the
vicinities of Detroit, Cleveland and Buffalo. This has been
undertaken to reduce Land Mobile channel congestion near these
cities. Because 420 to 430 MHz was removed
from the Amateur Service North of Line A as of September 28, the
use of 421-430 MHz by Land Mobile operations is expected to have
minimal impact on amateur use of the 70 cm band. Amateurs south
of Line A, but within interference range of these cities, must
avoid interfering with the primary Land Mobile Service.
THIRD PARTY TRAFFIC OK WITH U.K.
The Federal Communications Commission announced an agreement,
effective October 14, with the United Kingdom's Department of
Trade and Industry, permitting third-party communications between
amateurs in the United States and special events stations in the
U.K. This applies only to U.K. special event stations using the
prefix GB, but note that GB3 stations are excluded. Three
conditions apply: 1) Communications are limited to conversations
or message of a technical or personal nature too unimportant for
a commercial message. 2) No compensation, either direct or
indirect, may be received for the passing of such traffic. 3)
Communications must accord with regulations for amateurs in each
country.
REPEATER COORDINATION AND HAMS IN SPACE AT
THE ARRL NATIONAL CONVENTION IN LOUISVILLE
4000 radio amateurs attended the ARRL National Convention in
Louisville, Kentucky, over October 4-6 -- were you there? Some
of the highlights:
Astronaut Tony England, W0/ORE, presented the ARRL with a
black-and-gold ARRL pennant and Spacelab 2 mission patch -- both
items may have been available terrestrially, but this particular
pair were flown aboard the Space Shuttle Challenger during
Mission STS 51-F. Accepting these high-flying mementos for ARRL
was Executive Vice President Dave Sumner, K1ZZ. They're
inscribed: "In appreciation of your efforts in the Shuttle
Amateur Radio Experiment (SAREX) flown aboard the Space Shuttle
Mission 51-F."
Repeater coordinators conducted a meeting to report on
progress since their Dayton meeting. This productive session was
under the aegis of the Ohio and Michigan Area Repeater Councils.
Co-chairing were John Hackman, WB4VVA, of Michigan, and George
Waldie, W8JRL, of Ohio. Steve Mendelsohn, WA2DHF, ARRL Hudson
Division Vice Director, reported on the first issues of the
Repeater Coordinators' Newsletter, of which he is the editor.
The RCN helps keep coordinating lines of communication open, and
has been well received. Concerning a national repeater database,
WB4VVA enumerated the requirements for such, which include (1)
allowing each coordinator to update his or her file only; (2)
allowing anyone to read the file; (3) that the system be "stand-
alone" with WATS line accessibility; and (4) that there be
adequate backup. WA2DHF reported on the progress of ARRL's study
of the provision of such a database. There was some difference
of opinion as to whether such a system would be under the
"control" of Hq. or the coordinators.
Concerning coordinated vs. uncoordinated repeaters, how do
you recognize a legitmate coordinator when you see one? FCC must
be able to identify them. Ray Kowalski of the Commission
indicated that, in his opinion, FCC would accept a regional
coordinating body to certify individual coordinators under its
geographical jurisdiction. In cases of conflict, the consensus
of those assembled was that the League should play a role in
"unmasking" who are the "real" coordinators. This could be done
through the League directors in the affected areas.
PIRATE BROADCASTERS FINED
As related in the last Letter, FCC has been drawing the net
tighter around unlicensed broadcasters. Here's more on those
activities. On August 19, 1985, U.S. Marshals, accompanied by an
investigator from the Dallas District Office of the FCC, served a
warrant and seized radio transmitting equipment utilized by
Russell E. Rierson of Boonesville, Arkansas. Rierson had been
operating an unlicensed "pirate" radio station on various
frequencies in the 6 MHz shortwave broadcast band and the
vicinity of the 7 MHz amateur band. Close-in direction-finding
by FCC personnel from the Dallas Office revealed that the
station, located at Rierson's residence, was operated on August
16, 1985, using a frequency of 7440 kHz and identifying as
"KBBR."
Investigators from the Dallas Office had previously located
Rierson's unlicensed station, then identified as "KRZY" and
"Captain Crazy," on March 9, 1985. Those illegal operations
resulted in Rierson's payment of a $1,000 administrative fine.
In another case, an investigator from FCC's Kansas City
District Office located an unlicensed broadcast station operated
by Liam P. Ryan in Kirkwood, Missouri (a suburb
of St. Louis). Mr. Ryan's unlicensed broadcast activity was
terminated on August 9, 1985, just one week after his operation
was first detected by the FCC monitoring network. Mr. Ryan was
operating on a frequency in the 7 MHz region. The Kansas City
Office has issued a $1,000 Notice of Apparent Liability to Ryan
for his unlicensed operation.
Operation of an unlicensed broadcast station is a serious
matter. Persons operating an unlicensed broadcast station are
subject to administrative fines or prosecution in U.S. District
Court. And unlicensed broadcast operation by holders of other
types of FCC licenses may result in the loss of those licenses
for those concerned.
WATCH THAT FORM 610 AFTER JANUARY 1
On October 17, FCC released a Public Notice alerting Amateur
Radio Service applicants that editions of Form 610 prior to that
of June 1984 would no longer be acceptable for filing Effective
January l, 1986, only the June 1984 and later editions of FCC
Form 610 may be used to obtain an Amateur license. Applying on
earlier editions of the form after January 1 will delay issuance
of your license: your application will be returned without action
and you will be required to refile on a current form.
MORE PRIVILEGES FOR CANADIAN AMATEURS
Canada's Department of Communications had good news for
Canadian amateurs at the Radio Society of Ontario's convention in
London, Ontario, at the end of September. Effective Friday,
September 27, Canadian amateurs were allowed CW and phone at the
maximum legal power on the entire 160-meter band, 1.8-2 MHz.
Repeater use at 10 meters was authorized. And for video
experimenters came the news that amateur television with a 6-MHz
bandwidth was authorized -- and slow-scan television operation no
longer requires a special endorsement. Congrats! DOC declined
to comment on the restructuring of the Amateur Service, which is
likely to propose a Canadian novice license. DOC did indicate
its intention to proceed with the proposal for deregulation of
mode subbands, which would allow Canadian amateurs to operate any
mode anywhere in their amateur allocations, relying only on
voluntary adherence to recommended band plans.
MORE ON EUROHAMS IN SPACE
The September 12 Letter detailed more upcoming Amateur Radio
from Spacelab -- DP0/SL, to be operated by German science
astronauts DG2KM and DD6CF. But liftoff time and date weren't
known then. Radio Netherlands' "Media Network" carried the news
just before our presstime that the launch was set for Wednesday,
October 30, at around 1700Z. The shuttle is now reported as
being Challenger, not Columbia. "For the first time, mission
control of the payload will be carried out in Europe at the
German operations control center near Munich, instead of from the
Johnson Space Center in Houston." Monitor W1AW for further
details.
SECURITY
Finally, once again from "Media Network," this comment on
data security. Seems a group of Dutch "under 19's" were on a
computing field trip to England. During a visit to a Royal Air
Force base, they were given official permission to take a crack
at the base computer. Could they hack their way in? Yeah. Took
seven minutes.