December 2009 - arrl-odv - reflector.arrl.org

[arrl-odv:18377] Options paper, Section 97.113
by James F. Boehner, MD 31 Dec '09

31 Dec '09

Options paper, Section 97.113First, I would like to echo the appreciation for a well written options paper on a very timely subject. I do realize that the FCC and the ARRL have been inundated with "Is this Legal?" questions. As Emergency Services have come to appreciate the value of Amateur Radio, many activities have had the potential of compromising the integrity of the Amateur Radio Service via commercialization or (potential) blatant claim to the amateur radio spectrum. I also understand that the FCC may come out with their NPRM prior to the board meeting, and the board's input may be moot. I realize also that the FCC NPRM may be driven by conflict within different departments of the FCC, while a "band-aid" approach is currently to require waivers. The thought that the government agencies would be offered the exception with the implication that they would be the least likely to go against the intent of 97.113 is interesting. That same issue was dealt with many years ago with training drill time limits for RACES. My understanding was that the intent of time limits was to protect the amateur radio spectrum from government infringement. My concern is that the status quo is not working in my division. Specifically, the recent strict interpretation of 97.113 has seriously crippled training efforts in the South Carolina Section in regards to the SCHEART initiative www.scheart.us . The educational arm of this initiative has resulted in the licensing of over 500 new hams, with a significant number being hospital employees. The training arm (radio response teams) has been seriously compromised, as training drills for hospital employees could not be held with this strict interpretation of 97.113. In at least two of the hospitals, the emergency preparedness position is occupied by a licensed ham. Although they would be in the best position to lead training, they are prohibited from doing so. The SC Hospital Association (a strong supporter of SCHEART) has already made their objections known to the FCC and are currently using their political clout with elected representatives of the House and Senate. I encourage the board to take an active rather than passive role on this subject. From internet sites, e-mails, personal conversations and on the air QSO's, it is evident that the membership is looking to the ARRL for a proper, fair, and comprehensive petition for proposed rulemaking. Of great concern is that if this issue is not adequately addressed, strong political pressure could make option S-D a true threat. There are many "heavy hitters" out there, both governmental and commercial, that would welcome that option. I would think that the following should be incorporated in such an exception to be added to 97.113 (a)3: -Hospitals come in several varieties. State or Federal (Government), non-profit and profit. All should be incorporated in the exception to allow training. If a broader term is desired, "Hospitals and healthcare organizations" is an option. -There should be some wording to prevent coercion by the employer to require an employee to participate in such communications as a condition of their employment (such as in option "D"). -Consideration of a time limit on drills as stated in the RACES rule 97.407(e)4 could allow a wider range of organizations that may be included in the exemption while protecting the appropriate use of the amateur radio spectrum. The RACES rules have stood the test of time. -Business restoration activities, if there is a desire to allow them at all, should be limited up to the time that other communication modes become available. 97.113 (a)5 should cover this. Thanks to all, and my best wishes for a very Happy New Year! '73 de Jim N2ZZ Vice Director-Elect, Roanoke Division ARRL - The national association for Amateur RadioT ----- Original Message ----- From: Sumner, Dave, K1ZZ To: arrl-odv Sent: Monday, December 28, 2009 4:18 PM Subject: [arrl-odv:18367] Options paper, Section 97.113 Item 10.d. on the draft agenda for next month's Board meeting is the development of the ARRL position on possible amendment of the FCC rules concerning pecuniary interest and communications on behalf of one's employer (Section 97.113). To assist the Board in its deliberations the Executive Committee requested that an options paper be prepared. General Counsel Imlay and Regulatory Information Manager Henderson developed an excellent paper, which is attached for your review. There will be ample opportunity for discussion of the issues addressed in this paper at the meeting, but of course any consideration that you can give to them in advance of the meeting will facilitate the Board's work. 73, David Sumner, K1ZZ Secretary <<97.113 Options FINAL.doc>>

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Reminder
by Joel Harrison 31 Dec '09

31 Dec '09

I want to take this opportunity to wish each of you a very safe and happy new year, but also remind you that if you are responsible for a report to the board the deadline for submitting those is January 10. Looking forward to seeing everyone in two weeks for what looks like will be a very busy meeting. 73 Joel W5ZN www.w5zn.org <http://www.w5zn.org/> Go Green??? Go Grey!!! Low Band DX'ing via the Grey Line

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[arrl-odv:18375] HAPPY NEW YEAR and Thanks for All
by Howard Huntington 30 Dec '09

30 Dec '09

Just one more note to all my friends to say 'Thank You' for your phone calls and notes in the recent weeks. I have not yet been able to reply to all the emails. Nancy and I have spent additional time in Indiana since Thanksgiving and we will likely continue to go there often. I am sure there will be continued progress and success at ARRL. There has been much and I wish you all the best going forward. Happy New Year, Howie, K9KM

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[arrl-odv:18374] Re: Options paper, Section 97.113
by Mickey Cox 30 Dec '09

30 Dec '09

Options paper, Section 97.113ODV, There are a number of unhappy members in the Delta Division right now concerning the "strict" interpretation of 97.113 by Bill Cross, etc. For example, over the past several years a lot of hospital employees (particularly in AR, but also in LA, MS, and TN) have received their ham tickets with an obvious eye toward emcomm operations "on behalf" of their employers. In addition, I've heard from disgruntled ARRL members who are either professionally employed in emergency management or closely allied with such organizations. One emcomm manager in TN (who also happens to be a Delta Division Assistant Director) has directly told me that he will use MARS rather than ARES until/unless this issue is resolved. At this time I would like to see more flexibility as outlined in Option C (Expanded Training Option) on page 3 in the Options paper. However, I would also suggest that some time limitations be included with this option in a similar spirit as found in 97.407(e)(4) for RACES tests and drills. For example, an amateur participating in emergency tests and drills "on behalf of an employer" should be limited to one hour per week or a total of 72 hours per year. (We can debate the best choice of numbers later.) A time limitation along these lines would help minimize the risk that businesses would use amateur radio for inappropriate purposes. I look forward to hearing the thoughts from other Board members on this issue! 73, Mickey K5MC ----- Original Message ----- From: Sumner, Dave, K1ZZ To: arrl-odv Sent: Monday, December 28, 2009 3:18 PM Subject: [arrl-odv:18367] Options paper, Section 97.113 Item 10.d. on the draft agenda for next month's Board meeting is the development of the ARRL position on possible amendment of the FCC rules concerning pecuniary interest and communications on behalf of one's employer (Section 97.113). To assist the Board in its deliberations the Executive Committee requested that an options paper be prepared. General Counsel Imlay and Regulatory Information Manager Henderson developed an excellent paper, which is attached for your review. There will be ample opportunity for discussion of the issues addressed in this paper at the meeting, but of course any consideration that you can give to them in advance of the meeting will facilitate the Board's work. 73, David Sumner, K1ZZ Secretary <<97.113 Options FINAL.doc>>

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[arrl-odv:18373] Re: Options paper, Section 97.113
by Chris Imlay 30 Dec '09

30 Dec '09

Greg, normally, making predictions about what FCC is "going to do" is very risky forecasting indeed and you are right to be skeptical (we have all learned a good lesson from Rick Roderick, after all). This time, the information we have about this NPRM is quite reliable. I believe that the FCC will in fact release this NPRM sometime soon, and that it will propose (and be limited to) the codification of the present waiver process, as the options paper indicates. Just a factual aside.... 73 and Happy New Year; Chris W3KD Christopher D. Imlay Booth, Freret, Imlay & Tepper. P.C. 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD(a)ARRL.ORG -----Original Message----- From: Greg Sarratt <w4ozk(a)arrl.org> To: arrl-odv <arrl-odv(a)reflector.arrl.org> Sent: Tue, Dec 29, 2009 9:54 pm Subject: RE: [arrl-odv:18367] Options paper, Section 97.113 Good job on the opinion paper. We should wait to see what the NPRM contains. If Chris is correct, then we should do nothing. If the NPRM does not materialize and things stay as they currently are, then we should do nothing. The Status Quo is working, no one is prohibited from transmitting, training or exercising. It does appear that fear-mongering exist and a few folks are trying to making this subject out to be much more than it is, which is unfortunate. 73, Greg Sarratt, W4OZK From: Sumner, Dave, K1ZZ [mailto:dsumner@arrl.org] Sent: Monday, December 28, 2009 3:19 PM To: arrl-odv Subject: [arrl-odv:18367] Options paper, Section 97.113 Item 10.d. on the draft agenda for next month’s Board meeting is the development of the ARRL position on possible amendment of the FCC rules concerning pecuniary interest and communications on behalf of one’s employer (Section 97.113). To assist the Board in its deliberations the Executive Committee requested that an options paper be prepared. General Counsel Imlay and Regulatory Information Manager Henderson developed an excellent paper, which is attached for your review. There will be ample opportunity for discussion of the issues addressed in this paper at the meeting, but of course any consideration that you can give to them in advance of the meeting will facilitate the Board’s work. 73, David Sumner, K1ZZ Secretary <<97.113 Options FINAL.doc>>

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RE: [arrl-odv:18367] Options paper, Section 97.113
by Greg Sarratt 30 Dec '09

30 Dec '09

Good job on the opinion paper. We should wait to see what the NPRM contains. If Chris is correct, then we should do nothing. If the NPRM does not materialize and things stay as they currently are, then we should do nothing. The Status Quo is working, no one is prohibited from transmitting, training or exercising. It does appear that fear-mongering exist and a few folks are trying to making this subject out to be much more than it is, which is unfortunate. 73, Greg Sarratt, W4OZK _____ From: Sumner, Dave, K1ZZ [mailto:dsumner@arrl.org] Sent: Monday, December 28, 2009 3:19 PM To: arrl-odv Subject: [arrl-odv:18367] Options paper, Section 97.113 Item 10.d. on the draft agenda for next month's Board meeting is the development of the ARRL position on possible amendment of the FCC rules concerning pecuniary interest and communications on behalf of one's employer (Section 97.113). To assist the Board in its deliberations the Executive Committee requested that an options paper be prepared. General Counsel Imlay and Regulatory Information Manager Henderson developed an excellent paper, which is attached for your review. There will be ample opportunity for discussion of the issues addressed in this paper at the meeting, but of course any consideration that you can give to them in advance of the meeting will facilitate the Board's work. 73, David Sumner, K1ZZ Secretary <<97.113 Options FINAL.doc>>

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[arrl-odv:18371] IN-News
by Kustosik, Lisa, KA1UFZ 29 Dec '09

29 Dec '09

<<123009.doc>> IN-Newsletter <<Microsoft Word Picture>> Vol. 32, No. 52 December 30, 2009 -- Covers the period December 20-26. Upcoming Meetings and Events Annual Board Meeting: January 15-16, 2010 @ 9:00am in Windsor, CT Administration &Finance Committee: January 14, 2010 @ 8:30am - ARRL HQ Programs & Services Committee: January 14, 2010 @ 8:30am - ARRL HQ CEO Reported by Dave Sumner, K1ZZ Preparations for next month's Board Meeting are proceeding. All reports to be presented at the meeting are due no later than January 10, 2010. ARRL offices will be closed Friday, January 1. Happy Holidays to all of you and a Healthy and Happy New Year! Development Reported by Mary Hobart, K1MMH The Spectrum Defense Fund continues forward towards its 2009 goal. So far this year the Defense Fund has received $246,912 from 4,379 donors yielding a $56 average contribution. On December 28, ARRL received a $10,000 contribution to the Spectrum Defense Fund. Contributions to the ARRL Diamond Club have reached net revenues of $238,519 or 95% of the 2009 goal. Development received proceeds from an annuity as part of an estate amounting to $6,876. This amount will be added to the ARRL Endowment and brings the 2009 contributions to the Endowment to $104,190. Year to date Development revenues total $904,387 or 96.6% of the annual target. Production/Editorial Reported by S. Khrystyne Keane, K1SFA Even though it's been a bit slow during the holidays, we're working on getting the March 2010 QST out the door. Lots of visitors touring HQ have stopped by to say hello. Khrystyne Keane will be escorting Boy Scout Venture Crew 510 (DX in Roman numerals) in their annual pilgrimage to HQ and W1AW. The ARRL Letter and ARRL Audio News will not be produced December 31. Look for both to return on Thursday, January 7, 2010. Sales and Marketing Reported by Bob Inderbitzen, NQ1R December membership processing and product sales are looking good as we move into these last days of the year. We are 200 members up this month, with a couple more days to go. And, publication ordering continues to be brisk coming out of the Christmas holiday. An email solicitation featuring year-end special offers and publication deals helped spur on ordering just after the holiday weekend. During the last week, the warehouse crew fulfilled 738 packages for publication and product orders, 506 membership premiums and 1 QST mailing supplement. Diane Petrilli and Bob Inderbitzen enjoyed a demonstration of a custom browser toolbar. Included with the service is a full shopping platform with 1,700+ merchants. ARRL would receive a stated percentage from each sale (percentages vary with each retailer and average between 3%-4% per transaction). Current clients using this affinity service include the National Wildlife Federation, Association of Zoos and Aquariums, University of Southern California, and the Dallas Cowboys. The new holiday ornament is a hit! Over 600 units were distributed in December. Last month, ARRL began carrying Glover's "Pocket Ref"-a popular reference covering virtually any subject, and used by electronics hobbyists, engineers, contractors, students, travelers, DIYers, and technicians in virtually every field. Through a special arrangement with the publisher, ARRL offers a special edition with our organization's logo on the cover of the book. The initial response has been excellent, prompting us to be resupplied by the publisher a third time! More information is available at www.arrl.org/catalog/?item=1148. The results are in! In a recent survey distributed to selection of ARRL members, the top reason for being currently involved in Amateur Radio is "FUN." This and other information gleaned from the survey is intended to develop a current profile of ARRL members, and will be used to help further marketing and advertising activities. The list sample was segmented by license class, and included a unique sample of newer members with less than 5 years of membership history. ARRL Conventions Date Name Division City State ARRL HQ Rep. Jan 10 NLI Section (Ham Radio University) HU Bethpage NY Steve Ford Jan 29-30 Delta Division DL Jackson MS Feb 6 South Carolina State RK Ladson SC Feb 6 Virginia State RK Richmond VA Feb 12-14 Northern Florida Section SE Orlando FL Feb 27 Vermont State NE Colchester VT Membership & Volunteer Programs Reported by Dave Patton, NN1N Field Organization/Public Service Team Just before the long Christmas holiday weekend started, material for the Virginia Section Manager election was sent to a local printer. The printed ballots and candidates statements are expected to be ready for mailing by the Headquarters' Mailroom Staff during the last week of 2009. The January QST Public Service column, "A Role for the Official Observers in Public Service," has generated some inquiries and interest among the ARRL members. Some are interested in either becoming an Official Observer, getting active once again as an OO after a period of absence, or learning more about the ARRL Monitoring System (also known as "Intruder Watch"). Sincerely Compiled by, Lisa Kustosik, KA1UFZ Assistant to the CEO Staff Absentee List All Staff 1/1 Holiday Margie Bourgoin 1/1-1/11 Vacation Steve Ford 12/22-12/31 Vacation Scott Gee 12/31 Vacation `` 1/4-1/5 Vacation Katie Glass 12/23-12/31 Vacation Ed Hare 1/5-1/9 PAVE-PAWS meetings Beale AFB, CA Penny Harts 12/24-12/31 Vacation Dan Henderson 12/21-1/4 Vacation `` 1/5-1/11 Beale AFB - PAVE PAWS project `` 3/5-3/7 S. Texas Section Convention/Greater Houston Hamfest Amy Hurtado 12/24-12/29 Vacation Gail Iannone 12/21-12/31 Vacation Khrystyne Keane 12/31 Vacation Maryann Macdonald 12/28-12/31 Vacation Bill Moore 12/28-1/6 Vacation Diane Petrilli 12/31 Vacation Allen Pitts 12/24-12/31 Vacation Steve Sant Andrea 12/24-12/31 Vacation Dave Sumner 12/30-12/31 Vacation

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[arrl-odv:18370] Re:RE: Mail vote on strategic plan
by Sumner, Dave, K1ZZ 29 Dec '09

29 Dec '09

On December 9, when the document was circulated for a “last look” prior to voting, I mentioned that if we follow past Board practice we will only publish the first 8 pages. The current (2006) plan was 15 pages of which we published the first ten. Dave K1ZZ From: Greg Sarratt [mailto:w4ozk@arrl.org] Sent: Tuesday, December 29, 2009 9:44 AM To: arrl-odv Subject: [arrl-odv:18369] Re: Mail vote on strategic plan Will the final ARRL Strategic Plan content be pulled out of the planning document, most of the explanations removed for the final public version? The current plan is ten pages and this document is twenty pages. There are two areas that are in conflict with each other. Page 2 Strategic focus: The temptation to do everything can often lead a not-for-profit organization to try to be all things to all people. Planning strategically is the counter to the all-things syndrome. Page 6: Identity of Excellence Value can be defined as the members’ definition of what quality programs and service delivery methods they want and need — what do they see as the proper product Value Proposition, The promise that the ARRL makes to its members concerning the future programs and services that the League will offer and the nature of the delivery experience based on what members say they need and want. Should “they want and need”, “what do they see”, and “what members say they need and want” be reworded to better follow the Strategic focus to counter to the all-things syndrome? Members will point to this statement when their every idea is not brought to the board meeting or implemented in the ARRL process. This could create more disgruntled members. The ARRL 100th year anniversary should be mentioned/ highlighted in the Strategic 3 to 5 Year Goals section. I.E. Planning a celebration, increased public awareness, extensive media coverage, massive membership drive, special operating event, it's a big deal, etc… 73, Greg Sarratt, W4OZK ________________________________ From: Sumner, Dave, K1ZZ [mailto:dsumner@arrl.org] Sent: Monday, December 28, 2009 2:45 PM To: arrl-odv Subject: [arrl-odv:18366] Mail vote on strategic plan All Directors: On December 9 I circulated to ODV the strategic plan document as recommended by the Executive Committee, with the request that it be reviewed prior to being submitted for your formal approval. As a result of your review, one change has been made on page 5: the 5th core value has been changed from “Lifetime learning” to “Lifelong learning.” Otherwise the attached document is identical to the one you saw earlier. The Executive Committee presents the following resolution for your consideration and vote: “Resolved, that the ARRL Strategic Plan is revised as submitted to the Board of Directors by the Executive Committee on December 28, 2009.” Directors, please respond with your vote at your earliest convenience. 73, David Sumner, K1ZZ Secretary <<20091221 ARRL SLRP Report.pdf>>

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[arrl-odv:18369] Re: Mail vote on strategic plan
by Greg Sarratt 29 Dec '09

29 Dec '09

Will the final ARRL Strategic Plan content be pulled out of the planning document, most of the explanations removed for the final public version? The current plan is ten pages and this document is twenty pages. There are two areas that are in conflict with each other. Page 2 Strategic focus: The temptation to do everything can often lead a not-for-profit organization to try to be all things to all people. Planning strategically is the counter to the all-things syndrome. Page 6: Identity of Excellence Value can be defined as the members’ definition of what quality programs and service delivery methods they want and need — what do they see as the proper product Value Proposition, The promise that the ARRL makes to its members concerning the future programs and services that the League will offer and the nature of the delivery experience based on what members say they need and want. Should “they want and need”, “what do they see”, and “what members say they need and want” be reworded to better follow the Strategic focus to counter to the all-things syndrome? Members will point to this statement when their every idea is not brought to the board meeting or implemented in the ARRL process. This could create more disgruntled members. The ARRL 100th year anniversary should be mentioned/ highlighted in the Strategic 3 to 5 Year Goals section. I.E. Planning a celebration, increased public awareness, extensive media coverage, massive membership drive, special operating event, it's a big deal, etc… 73, Greg Sarratt, W4OZK From: Sumner, Dave, K1ZZ [mailto:dsumner@arrl.org] Sent: Monday, December 28, 2009 2:45 PM To: arrl-odv Subject: [arrl-odv:18366] Mail vote on strategic plan All Directors: On December 9 I circulated to ODV the strategic plan document as recommended by the Executive Committee, with the request that it be reviewed prior to being submitted for your formal approval. As a result of your review, one change has been made on page 5: the 5th core value has been changed from “Lifetime learning” to “Lifelong learning.” Otherwise the attached document is identical to the one you saw earlier. The Executive Committee presents the following resolution for your consideration and vote: “Resolved, that the ARRL Strategic Plan is revised as submitted to the Board of Directors by the Executive Committee on December 28, 2009.” Directors, please respond with your vote at your earliest convenience. 73, David Sumner, K1ZZ Secretary <<20091221 ARRL SLRP Report.pdf>>

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[arrl-odv:18368] Re: Options paper, Section 97.113
by Marty Woll 29 Dec '09

29 Dec '09

Options paper, Section 97.113Hi, Dave. Thanks for circulating the Options document prepared by Dan and Chris, and thanks to them both for taking the time to prepare it. I have one possible expansion of the pro / con discussion of Primary Option B in which it is stated that, . . . it would not address weekly nets (or similar activities) involving employees of entities sponsoring the event, or testing of equipment on a regular basis." I have heard third-hand reports (OK, they came from Gordon West WB6NOA after visits to New York and Dayton) of local Emcomm nets closing down due to possibly exaggerated concerns over 97.113-related enforcement action. Frankly, I think this could be the result of some fear-mongering by a few of those wishing to drum up additional support for a rule change (that may already be supportable for other reasons). There are many Emcomm nets which focus on safety of the community at large and have nothing to do with the operations of any business or government entity. I see nothing in the current rules or interpretations thereof that would prevent an Amateur licensee / employee from particpating in such nets. If these nets pass the "Who benefits?" test articulated in QST and elsewhere recently, it should be permissable for a ham-employee to participate - from work or home - under the current rules. Such participation, especially on a regular basis, could serve to exercise both the equipment and the operator(s) without the need to participate in employer-sponsored events. A statement to that effect might serve to alleviate the popular concern described above. Separately, I see a question arising from the use of the "non-profit" descriptor in the suggested rollback version of 97.113(a)(3) offered under Primary Option C. Does this mean that employees of a hospital classified as a public charity under IRC 501(c)(3) could participate but emloyees of other hospitals could not? Some might consider that difference of little importance so long as the operative words "which has a primary purpose of emergency response or disaster relief" are present. I look forward to hearing the discussion of this high-visibililty issue at the January Board meeting. Meanwhile, I wish you all a safe and Happy New Year. 73, Marty N6VI ----- Original Message ----- From: Sumner, Dave, K1ZZ To: arrl-odv Sent: Monday, December 28, 2009 1:18 PM Subject: [arrl-odv:18367] Options paper, Section 97.113 Item 10.d. on the draft agenda for next month's Board meeting is the development of the ARRL position on possible amendment of the FCC rules concerning pecuniary interest and communications on behalf of one's employer (Section 97.113). To assist the Board in its deliberations the Executive Committee requested that an options paper be prepared. General Counsel Imlay and Regulatory Information Manager Henderson developed an excellent paper, which is attached for your review. There will be ample opportunity for discussion of the issues addressed in this paper at the meeting, but of course any consideration that you can give to them in advance of the meeting will facilitate the Board's work. 73, David Sumner, K1ZZ Secretary <<97.113 Options FINAL.doc>>

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