July 2016 - arrl-odv - reflector.arrl.org

[arrl-odv:25528] FCC: enforcement - W4BHV
by Tom Frenaye 29 Jul '16

29 Jul '16

DAVID J. TOLASSI. Imposed penalty of $1,000 against David J. Tolassi for failure to provide station identification in violation of the Commission's rules. Action by: Regional Director, Region 2, Enforcement Bureau. Adopted: 07/29/2016 by Forfeiture Order. (DA No. 16-858). EB https://apps.fcc.gov/edocs_public/attachmatch/DA-16-858A1.docx https://apps.fcc.gov/edocs_public/attachmatch/DA-16-858A1.pdf ===== e-mail: k1ki(a)arrl.org ARRL New England Division Director http://www.arrl.org/ Tom Frenaye, K1KI, P O Box J, West Suffield CT 06093 Phone: 860-668-5444

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[arrl-odv:25526] Approved Minutes from July 17th PSC meeting
by James F. Boehner MD 29 Jul '16

29 Jul '16

For everyone's situational awareness. Respectfully submitted, '73 de JIM N2ZZ Director - Roanoke Division Serving ARRL members in the Virginia, West Virginia, South Carolina and North Carolina sections ARRL - The National Association for Amateur RadioT

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[arrl-odv:25523] NPRM responsive to RM-11708 petition released
by Price, Brennan, N4QX 28 Jul '16

28 Jul '16

‎I've not yet read this and likely will not this afternoon (I'm on PTO today), but I thought I should call this to ODV's attention. 73 de Brennan N4QX (about to activate Stones River National Battlefield for NPOTA) AMENDMENT OF PART 97 OF THE COMMISSION'S AMATEUR RADIO SERVICE RULES TO PERMIT GREATER FLEXIBILITY IN DATA COMMUNICATIONS. Proposed to amend Part 97 of the Commission's Rules regarding technical standards applicable to data communications that may be transmitted in the Amateur Radio Service. (Dkt No. 16-239 RM-11708 ). Action by: the Commission. Adopted: 07/27/2016 by NPRM. (FCC No. 16-96). WTB https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-96A1.doc https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-96A1.pdf<invoke://1,default:0,eyJ1cmkiOiJodHRwczovL2FwcHMuZmNjLmdvdi9lZG9jc19wdWJsaWMvYXR0YWNobWF0Y2gvRkNDLTE2LTk2QTEucGRmIiwiZGF0YSI6ImFIUjBjSE02THk5aGNIQnpMbVpqWXk1bmIzWXZaV1J2WTNOZmNIVmliR2xqTDJGMGRHRmphRzFoZEdOb0wwWkRReTB4TmkwNU5rRXhMbkJrWmdBPSJ9>‎ Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network.

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[arrl-odv:25522] Re: Keystaff List
by nwdvd 27 Jul '16

27 Jul '16

360 623 7022 (H) 360 508 8437 (C) 73, jim Sent from Jim's Samsung Galaxy Tab®4 -------- Original message -------- From: "Kustosik, Lisa,  KA1UFZ" <ka1ufz(a)arrl.org> Date:07/27/2016 11:54 AM (GMT-08:00) To: arrl-odv <arrl-odv(a)reflector.arrl.org> Subject: [arrl-odv:25521] Keystaff List Any updated, please advise. Sincerely, Lisa Lisa Kustosik, KA1UFZ Assistant to the CEO / Meeting Planner ARRL--The National Association for Amateur Radio 225 Main Street Newington, CT 06111 Tel: 860-594-0245 --- Fax: 860-594-0259 email: lkustosik(a)arrl.org

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[arrl-odv:25521] Keystaff List
by Kustosik, Lisa, KA1UFZ 27 Jul '16

27 Jul '16

Any updated, please advise. Sincerely, Lisa Lisa Kustosik, KA1UFZ Assistant to the CEO / Meeting Planner ARRL--The National Association for Amateur Radio 225 Main Street Newington, CT 06111 Tel: 860-594-0245 --- Fax: 860-594-0259 email: lkustosik(a)arrl.org<mailto:lkustosik@arrl.org>

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[arrl-odv:25520] 2016 Second Meeting Board Minutes Approved
by Henderson, Dan N1ND 27 Jul '16

27 Jul '16

President Roderick: By an electronic ballot and a count of 15-0, the Board has approved the minutes of the 2016 ARRL Second Meeting. They will be released for posting on the web and other uses. Thanks! Dan Henderson, N1ND Assistant Secretary - American Radio Relay League, Inc. Regulatory Information Manager ARRL, the national association for Amateur Radio 860-594-0236 dhenderson(a)arrl.org<mailto:dhenderson@arrl.org>

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[arrl-odv:25504] Final Minutes - ARRL July Board Minutes
by Henderson, Dan N1ND 27 Jul '16

27 Jul '16

Per the ByLaws and Standing Orders please find attached the Final Draft of the 2016 ARRL Second Board meeting in July. A call for an electronic vote will come on Tuesday, July 26, per the Standing Orders. Thanks and 73 Dan Henderson, N1ND Assistant Secretary - American Radio Relay League, Inc. Regulatory Information Manager ARRL, the national association for Amateur Radio 860-594-0236 dhenderson(a)arrl.org<mailto:dhenderson@arrl.org>

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[arrl-odv:25506] Call for Vote on Minutes of the 2016 Second Board Meeting
by Henderson, Dan N1ND 27 Jul '16

27 Jul '16

Pursuant to Standing Order 11-2.18 and at the direction of President Roderick and Secretary Gallagher, I call for an electronic vote on the attached minutes of the 2016 ARRL Board Second Meeting, held July 15-16. Please respond via the ODV reflector. Thanks and 73 Dan Henderson, N1ND Assistant Secretary - American Radio Relay League, Inc. Regulatory Information Manager ARRL, the national association for Amateur Radio 860-594-0236 dhenderson(a)arrl.org<mailto:dhenderson@arrl.org>

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[arrl-odv:25512] Re: Call for Vote on Minutes of the 2016 Second Board Meeting
by nwdvd 26 Jul '16

26 Jul '16

Aye Sent from Jim's Samsung Galaxy Tab®4 -------- Original message -------- From: "Henderson, Dan N1ND" <dhenderson(a)arrl.org> Date:07/26/2016 7:14 AM (GMT-08:00) To: arrl-odv <arrl-odv(a)reflector.arrl.org> Subject: [arrl-odv:25506] Call for Vote on Minutes of the 2016 Second Board Meeting Pursuant to Standing Order 11-2.18 and at the direction of President Roderick and Secretary Gallagher, I call for an electronic vote on the attached minutes of the 2016 ARRL Board Second Meeting, held July 15-16. Please respond via the ODV reflector. Thanks and 73 Dan Henderson, N1ND Assistant Secretary – American Radio Relay League, Inc. Regulatory Information Manager ARRL, the national association for Amateur Radio 860-594-0236 dhenderson(a)arrl.org

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[arrl-odv:25477] Authority of the Executive Committee
by Christopher Imlay 25 Jul '16

25 Jul '16

Greetings. During Saturday’s Board Meeting session a discussion occurred with respect to the role of the Executive Committee. A Director asserted the view (or implied) that the Executive Committee might not have been a sufficient authority to review, adjudicate and approve strategies for revision of the language of the Amateur Radio Parity Act during negotiations with the Community Associations Institute, and that it might have been more proper to have submitted such strategies, negotiations and revisions to the full Board instead. This is not a small issue inasmuch as the answer draws into question the validity of decisions of the Executive Committee in certain contexts, including but not limited to our legislative effort. Having since had a chance to review our Articles of Association and Bylaws I would continue to respectfully suggest that the Executive Committee is in fact the proper entity to review and approve legislative strategies during periods between Board meetings. However, if the Board is not convinced by the following analysis, it is requested that the Board please clarify this soon, so that we do not fail in the future to obtain necessary approvals for various advocacy initiatives. First of all, even if the Director’s argument that the EC does not have the authority to determine policy for the organization between Board meetings is correct, and that the EC has the authority only to execute the previously determined policies of the full Board, it is the case that the previously determined policy of the Board – to obtain relief by legislation from CC&Rs – is in the process of being executed; and EC oversight of that effort and approval or disapproval of specifically negotiated terms (in near-real-time) is no more than oversight of execution of Board policy anyway. Secondly, however, and more to the point, Article 6 of the Articles of Association states as follows: “During the intervals between meetings of the Board of Directors, the affairs of the Corporation shall be administered by an Executive Committee consisting of….” Further: The Executive Committee may in its discretion submit for determination or decision by members of the Board of Directors by mail or electronic vote any proposal pending before the Executive Committee.” The broad authority conveyed by the first quoted portion of the Article indicates that the Executive Committee has broad authority to make decisions concerning the administration of the “affairs of the Corporation” during intervals between meetings of the Board. This can only reasonably be given an interpretation that credits the breadth of the authority contained in that term. The EC has the discretion, but clearly not the obligation, to refer policy issues, or issues that affect policy, to the full Board. That provision would not be necessary if the EC did *not* have the broad authority to make policy decisions between Board meetings, but instead had only the authority to execute predetermined Board policies. Though Bylaw 40 lists specifically delegated tasks of the Executive Committee, including the duty to “[a]pply… existing Board policy to make decisions between Board meetings” that cannot be fairly viewed as a limiting provision but rather an enabling one and an assigned task. The reason is that the broad authority of the EC conveyed by Article 6 cannot be limited by any bylaw provisions; Articles of Association by definition trump conflicting bylaw provisions as a matter of well-established corporate law. Second, Bylaw 40 cannot therefore be fairly read as an exhaustive recitation of the authority of the EC, but rather a listing of enumerated specific tasks that the EC is to do regularly. Finally, it is noted that the third bullet task given to the EC is stated as follows: “Assisting staff and General Counsel in Board recommendations for petitions to the FCC and other governmental and international agencies.” The Board has approved our legislative initiative aimed at the United States Congress. We are attempting to implement it. This requires support from the Board on a near-real-time basis. In a true short-fuse situation, our normal procedure would be to consult with the President and the CEO, pursuant to Bylaws 31 and 35. Where time permits, we would normally consult by e-mail with the Executive Committee. Presumably, if the Executive Committee feels that any aspect of our strategy for enacting the Parity Act called for referral to the full Board, they will do so. If the Board is not satisfied with the foregoing interpretation, it is respectfully requested that the Board clarify Article 6 and Bylaw 40. It will not do to draw actions of the Executive Committee into question or to create any impression that the Executive Committee may have exceeded its authority. That is an allegation that has been made (I believe without any merit at all) by the NTS dissidents, by the way. Thank you. 73, Chris W3KD -- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD(a)ARRL.ORG

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