December 2021 - arrl-odv - reflector.arrl.org

[arrl-odv:33138] Fwd: FW: USDA Forest Service - Proposed Rule (Programmatic Administrative Fee for Communications Use Authorizations)
by Mark J Tharp 23 Dec '21

23 Dec '21

This one might include the attachments. :) Mark, HDX ---------- Forwarded message --------- From: Mark J Tharp <kb7hdx(a)gmail.com> Date: Wed, Dec 22, 2021 at 12:10 PM Subject: Fwd: FW: USDA Forest Service - Proposed Rule (Programmatic Administrative Fee for Communications Use Authorizations) To: david davidsiddall-law.com <david(a)davidsiddall-law.com> Cc: Minster, David NA2AA (CEO) <dminster(a)arrl.org> David, (Siddall) can you take a look at this? The notice came out in the register today. I skimmed thru all of it, however you are better suited to see the "here is what they are really saying" things. As it stands currently, the FS charges nothing for Amateur use on it's land. Attached, is a current lease I have ( with the local SO) The FS comm use doc And text from the register. If this is going to be implemented to impose a 1400 dollar fee on amateur use, we will have a large issue. Thank you . Mark Mark J. Tharp KB7HDX VD NW Div. 509-952-5764 kb7hdx(a)arrl.org ---------- Forwarded message --------- From: Jahnke, Bart, W9JJ <w9jj(a)arrl.org> Date: Wed, Dec 22, 2021 at 11:37 AM Subject: FW: USDA Forest Service - Proposed Rule (Programmatic Administrative Fee for Communications Use Authorizations) To: Tharp, Mark, KB7HDX (VD, NW) <mtharp(a)arrl.org> Cc: Ritz, Mike, W7VO, (Dir, NW) <w7vo(a)comcast.net> *From:* Karpiej, Elizabeth, KA1DTU <KA1DTU(a)arrl.org> *Sent:* Wednesday, December 22, 2021 2:26 PM *To:* Michael Elders <michael.elders(a)gmail.com> *Subject:* RE: USDA Forest Service - Proposed Rule (Programmatic Administrative Fee for Communications Use Authorizations) Dear Michael: Thank you for your email. It has been forwarded to the Regulatory Department. Liz H Karpiej KA1DTU Member Services Representative ARRL, the National Association for Amateur Radio® 225 Main Street, Newington, CT 06111-1400 USA Tel: Toll Free (US) 1-888-277-5289 or (860) 594-0200 FAX: (860) 594-0303 web: www.arrl.org email: ekarpiej(a)arrl.org Hello Mark, Last time one of these surfaced, you offered to reach out to the correspondent to share the current status and implications. Might you do so again for this fellow (unless there’s something new regarding Forest Service repeater site fees and Amateur Radio)? Thanks in advance and happy holidays! 73 Bart W9JJ Bart Jahnke, W9JJ Radiosport and Regulatory Information Manager ARRL - The national association for Amateur Radio® 225 Main Street Newington CT 06111-1400 Telephone: 860-594-0272 Fax: 860-594-0346 bjahnke(a)arrl.org www.arrl.org *From:* Michael Elders <michael.elders(a)gmail.com> *Sent:* Wednesday, December 22, 2021 2:14 PM *To:* HQ Info <hq(a)arrl.org> *Subject:* Fwd: USDA Forest Service - Proposed Rule (Programmatic Administrative Fee for Communications Use Authorizations) Hello, I am asking HQ to investigate this issue. The forest service is proposing an additional $1400 a year be placed on comm sites with USDA Forest Service authorizations. This would put us out of business on repeater sites. As you know allot of us put our own money up to provide repeaters and communications links for Amateur Radio. Without mountain top sites VHF and UHF communications would suffer, especially in the event of an emergency. Your attention in this matter would be appreciated. Thank you Mike Elders AD7W Begin forwarded message: *From: *"Perry, Joey -FS" <joey.perry(a)usda.gov> *Subject: USDA Forest Service - Proposed Rule (Programmatic Administrative Fee for Communications Use Authorizations)* *Date: *December 22, 2021 at 11:43:11 AM MST The Forest Service, U.S. Department of Agriculture, is proposing to amend its existing regulations to charge a statutorily required annual programmatic administrative fee for new and existing communications use authorizations to cover the costs of administering the Agency’s communications use program. The notice was published in the Federal Register today, with the comment period ending on *February 22, 2022.* In summary, the Forest Service is proposing to charge an annual programmatic administrative fee of $1,400 per communications use authorization for wireless uses and $400 per communications use authorization for wired uses; the fees would be indexed annually for inflation. These fees represent the Forest Service’s estimated average cost of administering its communications use program, prorated among all authorization holders. 86 FR 72540 - Land Uses; Special Uses; Annual Programmatic Administrative Fee for Communications Use Authorizations - Content Details - 2021-27681 (govinfo.gov) <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.govin…> I will be out of the office until January 3, 2022. If you have questions, please contact me then. Thank you, *Joey Perry (she/her) Program Manager – Communications Uses* *Forest Service* *Washington Office, Lands & Realty Management* *p: 530-251-3286 joey.perry(a)usda.gov <joey.perry(a)usda.gov>* 1330 Bayshore Way Eureka, CA 95501 www.fs.fed.us <https://usda.gov/> <https://twitter.com/forestservice> <https://www.facebook.com/pages/US-Forest-Service/1431984283714112> *Caring for the land and serving people* This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

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[arrl-odv:33137] FINAL SUBMISSION Article 10 Notice: Motion to Amend Article 4 and By-law 25 For Quarterly Meetings - FINAL V2
by Baker, Mickey, N4MB (Dir, SE) 23 Dec '21

23 Dec '21

I edited this with the friendly suggestion for edits from earlier today. This is submitted as the FINAL-V2. Thanks for your patience. I appreciate the guidance. I hope that you agree with me that, by meeting more often, we can improve the ARRL in the ways that we all envision. 73, and have a Merry Christmas and enjoy the holidays! Mickey Baker, N4MB Director, Southeastern Division ARRL The National Association for Amateur Radio(r) Phone: 561 320-2775 Email: n4mb(a)arrl.org From: arrl-odv <arrl-odv-bounces(a)reflector.arrl.org> On Behalf Of Baker, Mickey, N4MB (Dir, SE) Sent: Wednesday, December 22, 2021 2:15 PM To: arrl-odv <arrl-odv(a)arrl.org> Subject: [arrl-odv:33122] Article 10 Notice: Motion to Amend Article 4 and By-law 25 For Quarterly Meetings In accordance with Article 10 of our Articles of Association, this is 30 days due notice of amendment of Article 4 of our Articles of Association and By-Law 25. This modifies these documents so that we shall have four meetings per year and slightly changes the language so that these meetings may be modified - for example with 45 days' notice instead of 60. I've spoken with many of you and many members who believe that this will make the Board more responsive to issues before us. This has been vetted and prepared by a subcommittee appointed by A&F, and has been reviewed by many A&F members today. I look forward to feedback from you. If you have feedback today that is material, write or call me and we can discuss changes. I appreciate your feedback and would appreciate your vote for this measure. 73, Mickey N4MB Mickey Baker, N4MB Director, Southeastern Division ARRL The National Association for Amateur Radio(r) Phone: 561 320-2775 Email: n4mb(a)arrl.org<mailto:n4mb@arrl.org>

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[arrl-odv:33136] IMC, Tuesday Dec 28, 2pm Eastern
by Niswander, Rick 23 Dec '21

23 Dec '21

ODV: The Investment Management Committee will be meeting next Tuesday, December 28 at 2pm Eastern. Zoom meeting information is below. Frederick (Rick) Niswander, PhD, CPA, CGMA Professor of Accounting East Carolina University Greenville, NC 27858 Rick Niswander is inviting you to a scheduled Zoom meeting. Join Zoom Meeting https://us06web.zoom.us/j/83040853990?pwd=TVFvUU1lTzViS05sRU5hNStpT2xYdz09 Meeting ID: 830 4085 3990 Passcode: 455157 One tap mobile +19294362866,,83040853990#,,,,*455157# US (New York) +13017158592,,83040853990#,,,,*455157# US (Washington DC) Dial by your location +1 929 436 2866 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 830 4085 3990 Passcode: 455157 Find your local number: https://us06web.zoom.us/u/kd3muXOzMT

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[arrl-odv:33132] Fwd: Federal Register--cost recovery bill for communication sites INCLUDING Ham Radio
by Kristen McIntyre 22 Dec '21

22 Dec '21

Does anyone know any more about this and whether it does indeed affect ham radio installations? > Begin forwarded message: > > From: Jim Shepherd <nvjims(a)gmail.com> > Subject: Federal Register--cost recovery bill for communication sites INCLUDING Ham Radio > Date: December 22, 2021 at 7:32:23 AM PST > To: John Bigley <n7ur(a)yahoo.com>, "Kristen A. McIntyre" <kristen(a)alum.mit.edu> > Cc: Chuck Farnham <cfarnham(a)gmail.com>, "Anthony Marcin, W7XM" <acmarcin(a)w7xm.com> > Resent-From: kristen(a)alum.mit.edu > > Hi, > There is a proposed rule that would add $1400 to annual fees for communication site users on National Forests. This needs to be looked into at the ARRL national level. It is listed under Forest Service in the Federal Register today. > > https://www.govinfo.gov/content/pkg/FR-2021-12-22/xml/FR-2021-12-22.xml#seq… <https://www.govinfo.gov/content/pkg/FR-2021-12-22/xml/FR-2021-12-22.xml#seq…> > > 73 > > Jim Shepherd W6US -Kristen (K6WX) "Your eyes ... it's a day's work just looking into them" Laurie Anderson (--... ...-- -.. . -.- -.... .-- -..-)

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[arrl-odv:33122] Article 10 Notice: Motion to Amend Article 4 and By-law 25 For Quarterly Meetings
by Baker, Mickey, N4MB (Dir, SE) 22 Dec '21

22 Dec '21

In accordance with Article 10 of our Articles of Association, this is 30 days due notice of amendment of Article 4 of our Articles of Association and By-Law 25. This modifies these documents so that we shall have four meetings per year and slightly changes the language so that these meetings may be modified - for example with 45 days' notice instead of 60. I've spoken with many of you and many members who believe that this will make the Board more responsive to issues before us. This has been vetted and prepared by a subcommittee appointed by A&F, and has been reviewed by many A&F members today. I look forward to feedback from you. If you have feedback today that is material, write or call me and we can discuss changes. I appreciate your feedback and would appreciate your vote for this measure. 73, Mickey N4MB Mickey Baker, N4MB Director, Southeastern Division ARRL The National Association for Amateur Radio(r) Phone: 561 320-2775 Email: n4mb(a)arrl.org

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[arrl-odv:33127] proposed bylaw 36
by Niswander, Rick 22 Dec '21

22 Dec '21

I can't seem to get bylaw 36 right..... Director Stratton pointed out on behalf of the Legal Structure Review Committee that the Amended and Restated Articles of Association that were just filed with the Secretary of State use the terms "Chief Executive Officer" and "Chief Financial Officer" throughout and do not use the initials for those titles. Version 2 of the proposed amendments to bylaw 36 used the initials CEO and CFO. In order for bylaw 36 to conform to the Amended and Restated Articles of Association, this version 3 is modified to use the full titles rather than the initials. Frederick (Rick) Niswander, PhD, CPA, CGMA Professor of Accounting East Carolina University Greenville, NC 27858

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[arrl-odv:33123] modified proposed bylaw 36
by Niswander, Rick 22 Dec '21

22 Dec '21

Attached is v2 of the proposed changes to bylaw 36 RE the CFO. Diane correctly pointed out that the word "comptroller" should be replaced by the modern version of "controller." VD Tharp noted that there was a remaining pronoun at the end of the 4th line up from the bottom. Both items have been modified in the attached. Frederick (Rick) Niswander, PhD, CPA, CGMA Professor of Accounting East Carolina University Greenville, NC 27858

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[arrl-odv:33121] Proposed amendments to bylaw 33, 36, 38
by Niswander, Rick 22 Dec '21

22 Dec '21

ODV: Attached are three proposed bylaw amendments for bylaws 33, 36, and 38. They all stem from work done by the current Investment Management Committee and were outlined in the interim report of the committee for the July 2021 meeting. The amendments to bylaw 33 pertain to the duties of the Treasurer with the Investment Manager structure. The amendments to bylaw 36 pertain to updating the language related to the CFO. The amendments to bylaw 38 pertain to a single change to the responsibilities of the Administration and Finance committee. At the January meeting, there will also be a motion to establish an ongoing Investment Management Committee, including membership, scope of responsibilities, reporting, etc. This will be a regular motion. It is not yet complete and is not attached hereto. Rick, K7GM Frederick (Rick) Niswander, PhD, CPA, CGMA Professor of Accounting East Carolina University Greenville, NC 27858

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[arrl-odv:33116] Congrats Carl
by k5ur＠aol.com 22 Dec '21

22 Dec '21

Congratulations, Carl! "The winning article for the December 2021 QST Cover Plaque award is “How the Transatlantic Test of 1921 Initiated International Amateur Radio Communication,” by Carl Luetzelschwab, K9LA." http://www.arrl.org/news/carl-luetzelschwab-k9la-wins-the-december-2021-qst… Great job! Rick - K5UR

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[arrl-odv:33119] CONFIDENTIAL: ATTORNEY CLIENT PRIVILEGED COMMUNICATION
by Minster, David NA2AA (CEO) 22 Dec '21

22 Dec '21

Please see the communication from our CT Counsel with regard to the anonymous letters that have been mailed to ARRL Directors. Rick Roderick and I discussed making this a potential item to cover on Thursday evening of the January Board meeting, with counsel present, should the Board request more information. We are in agreement with counsel that these are the anonymous and exaggerated rants of a single disgruntled ex-employee bent on causing turmoil within the organization through a series of vengeful acts. Again, I am happy to take your calls to discuss this matter confidentially. Thanks. David ATTORNEY CLIENT PRIVILEGED COMMUNICATION – CONFIDENTIAL INFORMATION To: ARRL’s Board of Directors Re: Recent Anonymous Communications Transmitted to ARRL’s Board of Directors Consistent with ARRL’s Policy Governing League Counsel (memorialized in Section 3.9 of ARRL’s Director’s Workbook) ARRL’s Chief Executive Officer has asked us to counsel ARRL in the areas of corporate governance and employment law regarding recent anonymous communications purportedly transmitted to ARRL’s Board of Directors. My employment partner and I have reviewed the anonymous communications as well as certain relevant ARRL policies and other materials. We have also discussed this matter with ARRL’s CEO and CFO. Based on our review of the abovementioned materials and our discussion with ARRL’s CEO and CFO, we do not believe this matter merits further investigation at this time. The anonymous communications allege workplace morale and employee retention issues but do not allege illegal misconduct. Based on our independent review to date and discussion with ARRL’s CEO and CFO, these communications reflect the view and opinion of a disgruntled former employee. We have advised ARRL’s CEO that it would be prudent to consider adding this matter to the agenda for January’s upcoming Board meeting to responsibly allow the Board to discuss this matter in executive session with outside counsel present such that attorney client privilege can be invoked. Given the nature of the anonymous communications, we strongly urge the Board to remember its fiduciary responsibilities to ARRL which include the duty of confidentiality. More specifically, the Board should not circulate or make copies of these communications and should also refrain from corresponding or discussing these communications outside of the forthcoming January Board meeting, should the Board decide to discuss this matter. Circulating and/or making copies of these communications and discussing this matter outside of the forthcoming Board meeting could cause significant harm to ARRL. We understand that the Board has a deep passion and commitment to the health and viability of ARRL. Consistent with this passion and commitment, any allegation of workplace morale and employee retention issues communicated to the Board can understandably cause concerns. However, please note that we currently view this matter as an HR / employee matter, to be addressed by management personnel with the assistance of counsel where prudent. Accordingly, we advise you not to directly reach out to any employees regarding this matter and wait until the forthcoming January Board meeting to discuss this matter responsibly as set forth above should the Board wish to do so. A volunteer fiduciary’s direct involvement in an HR / employee matter, no matter how well intentioned, could cause significant damage to ARRL and, moreover, imprudently blurs the line between the roles of volunteer fiduciaries and management personnel. Should any of you receive inquiries from within or outside ARRL, we strongly advise you not to comment regarding this matter consistent with aforesaid fiduciary responsibilities and to succinctly state that ARRL has engaged counsel regarding this matter and that said counsel has instructed you not to comment at this time. You should report any inquiries you receive to ARRL’s CEO so that he is aware leading up to the forthcoming special Board meeting. EDWARD B. SPINELLA | PARTNER Direct : 860-240-6059<tel:860-240-6059> | Fax : 860-240-5890<fax:860-240-5890> | espinella(a)murthalaw.com<mailto:espinella@murthalaw.com> | MURTHA CULLINA Murtha Cullina LLP | Attorneys at Law | www.murthalaw.com<http://www.murthalaw.com> 280 Trumbull Street | Hartford | CT | 06103‑5303 CONFIDENTIALITY NOTICE: This message originates from the law firm of Murtha Cullina LLP. The information contained in this e-mail and any files transmitted with it may be a confidential attorney-client communication or may otherwise be privileged and confidential. If the reader of this message, regardless of the address or routing, is not an intended recipient, you are hereby notified that you have received this transmittal in error and any review, use, distribution, dissemination or copying is strictly prohibited. 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