November 2023 - arrl-odv - reflector.arrl.org

[arrl-odv:35329] National Spectrum Strategy (Final)
by david davidsiddall-law.com 13 Nov '23

13 Nov '23

ODV, Shortly after the ITU Radio Assembly (RA-23) opened in the UAE this morning preparatory to WRC-23 commencing next Monday, The White House released its “National Spectrum Strategy” document. This is a high-level policy document, drafted by the National Telecommunications and Information Administration (NTIA, the Administrator of which also serves as the President's principal advisor on telecommunications and information policy) in cooperation with the Federal Communications Commission (FCC) and the White House Office of Science and Technology (OSTP). I represented ARRL and amateur radio when I spoke at and submitted written comments to one of their public panels last April. In this document, the Administration seeks to define the process by which national spectrum decisions will be made. Of particular note to amateur radio are two main points. * The Administration seeks to increase innovation and spectrum sharing, and sets in motion a process for further delving into dynamic and opportunistic spectrum sharing in particular, including establishment of a national testbed for dynamic spectrum sharing within the next 18 months. Clearly it sees (or is hoping) that dynamic sharing could become a viable future means for expanding the capacity of the limited spectrum resource. * The Administration also notably emphasizes the need for expanded STEM education, and spectrum expertise in particular, to prepare for a future in which meeting the demand for spectrum is essential to the innovation and technological advancement necessary for continued economic growth and global leadership. On the medium-to-long term, if we wish to keep our spectrum, amateur radio advocates need to keep a close watch for opportunities to contribute and participate at the working level in this endeavor. There are obvious tie-ins between amateur radio and STEM education, technological know-how, and spectrum expertise. Getting to know the decision-makers at the working level would be of great benefit. With regard to specific spectrum under immediate consideration, five specific bands were identified for immediate study. No new threats emerged from this more-substantive part of the published policy. 1. 3100-3450 MHz (already long-studied for potential sharing or re-allocation completely for commercial 5G); 2. 5030-5091 MHz (under consideration for Unmanned Aircraft Systems [“UAV’s”]; 3. 7125-8400 MHz (to be considered for possible wireless broadband services); 4. 18.1 – 18.6 GHz (to be considered for space-to-space purposes – also on agenda at WRC-23); 5. 37.0-37.6 GHz (to be considered for co-equal, shared use by Federal and non-Federal users). As you can see, only the 3300-3450 MHz amateur spectrum would be impacted, as expected ever since the 2015 WRC worldwide reallocation of this band – and so far the FCC has held firm that amateur operations will be required to cease in this spectrum if/when re-allocated for commercial purposes. But that re-allocation appears still to be in the future. The report and associated releases can be viewed at this link: https://www.ntia.doc.gov<https://www.ntia.doc.gov/> As always, direct any questions my way. Dave K3ZJ David R. Siddall Managing Partner DS Law, PLLC 1629 K St. NW, Ste 300 Washington, DC 20006 direct: +1 202 559 4690 Unauthorized Disclosure Prohibited. This e-mail is intended solely for the intended recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.

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[arrl-odv:35328] National Spectrum Strategy
by david davidsiddall-law.com 13 Nov '23

13 Nov '23

ODV, Shortly after the ITU Radio Assembly (RA-23) opened in the UAE this morning preparatory to WRC-23 commencing next Monday, The White House released its “National Spectrum Strategy” document. This is a high-level policy document, drafted by the National Telecommunications and Information Administration (NTIA, the Administrator of which also serves as the President's principal advisor on telecommunications and information policy) in cooperation with the Federal Communications Commission (FCC) and the White House Office of Science and Technology (OSTP). I represented ARRL and amateur radio when I spoke at and submitted written comments to one of their public panels last April. In this document, the Administration seeks to define the process by which national spectrum decisions will be made. Of particular note to amateur radio are two main points. * The Administration seeks to increase innovation and spectrum sharing, and sets in motion a process for further delving into dynamic and opportunistic spectrum sharing in particular, including establishment of a national testbed for dynamic spectrum sharing within the next 18 months. Clearly it sees (or is hoping) that dynamic sharing could become a viable future means for expanding the capacity of the limited spectrum resource. * The Administration also notably emphasizes the need for expanded STEM education, and spectrum expertise in particular, to prepare for a future in which meeting the demand for spectrum is essential to the innovation and technological advancement necessary for continued economic growth and global leadership. On the medium-to-long term, if we wish to keep our spectrum, amateur radio advocates need to keep a close watch for opportunities to contribute and participate at the working level in this endeavor. There are obvious tie-ins between amateur radio and STEM education, technological know-how, and spectrum expertise. Getting to know the decision-makers at the working level would be of great benefit. With regard to specific spectrum under immediate consideration, five specific bands were identified for immediate study. No new threats emerged from this more-substantive part of the published policy. 1. 3100-3450 MHz (already long-studied for potential sharing or re-allocation completely for commercial 5G); 2. 5030-5091 MHz (under consideration for Unmanned Aircraft Systems [“UAV’s”]; 3. 7125-8400 MHz (to be considered for possible wireless broadband services); 4. 18.1 – 18.6 GHz (to be considered for space-to-space purposes – also on agenda at WRC-23); 5. 37.0-37.6 GHz (to be considered for co-equal, shared use by Federal and non-Federal users). As you can see, only the 3300-3450 MHz amateur spectrum would be impacted – and so far the FCC has held firm that amateur operations will be required to cease in this spectrum if/when re-allocated for commercial purposes. David R. Siddall Managing Partner DS Law, PLLC 1629 K St. NW, Ste 300 Washington, DC 20006 direct: +1 202 559 4690 Unauthorized Disclosure Prohibited. This e-mail is intended solely for the intended recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.

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[arrl-odv:35326] Trademark Violation — Status of Action Against the Violator
by John Robert Stratton 10 Nov '23

10 Nov '23

CEO Minster, CFO Middleton On October 26, 2023 Vice Director Yonally brought to our attention the apparent violation of ARRL trademarks [arrl-odv:35290]. In an email of the same day [arrl-odv:35291] I noted that the misuse of our marks needed to referred immediately to our DC Trademark counsel for action, including the issuance of a cease and desist notice, and possibly enforcement action if an appropriate response was not forthcoming. Later that day I amended the recommendation to include issuing a take down notice to Namecheap, the hosting ISP for the website used by the vendor [[arrl-odv:35291]. Director Lippert, on the same day, supported the recommended action [arrl-odv:35298]. Please advise as to when and what, if any, action has been taken to address the matter. Thanks. _______________________________________ John Robert Stratton N5AUS Director West Gulf Division Office:512-445-6262 Cell:512-426-2028 P.O. Box 2232 Austin, Texas 78768-2232 *_______________________________________***

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[arrl-odv:35325] Update re Symbol Rate Item at the FCC
by david davidsiddall-law.com 08 Nov '23

08 Nov '23

ODV, Later today the opportunity for public comment on the FCC symbol rate draft Report/Notice will close and all contact with the FCC staff will become prohibited. (This period is known as the “sunshine period” even though it actually is a period of communication black-out, or darkness, the opposite of “sunshine.”) As of this morning only a single comment has been filed addressing the FCC’s draft. Most of this filing discusses subjects not directly relevant, but a short expression of support is made for “replacing the old symbol rate constraint with the reasonable bandwidth limitation as proposed.” It is good practice for supporters to file at least a short statement re-affirming their continued support, even without any expressed opposition. I also became aware that the 219-220 MHz segment of the 1.25 meter band had not been addressed in the draft Further Notice. Although this portion of the 1.25 meter band has never been subject to a symbol rate limit, it is subject to a 100 kHz bandwidth limit. Bandwidth limits for the other VHF bands, including 222-225 MHz, are subject to the Further Notice so with a brief statement of continued support I suggested that the bandwidth issue also be included for the 219-220 MHz segment so that if changes are made this segment could be included at the same time, rather than being left “an orphan”. [ The Administrative Procedures Act requires notice and public comment before amending rules, so the different bands have to be included in the Further Notice if a change is to be made at the next step. ] Recently there have been expressions of renewed interest in using the 219-220 MHz segment for digital links. One last note: it is not unusual for the Commissioners to adopt a non-controversial item by unanimous consent a day or two before the public meeting so that more time can be spent on other issues during the meeting. I would not be totally surprised if this item is adopted a day or two before the scheduled Nov. 15 meeting. If that happens there will be a public notice announcing its adoption and removal from the meeting agenda, and I will let you know. A copy of this morning’s filing is attached. Contact me with any questions. Regards, Dave K3ZJ David R. Siddall Managing Partner DS Law, PLLC 1629 K St. NW, Ste 300 Washington, DC 20006 direct: +1 202 559 4690 Unauthorized Disclosure Prohibited. This e-mail is intended solely for the intended recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.

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[arrl-odv:35315] Club Liability Policies
by Middleton, Diane, W2DLM (CFO) 07 Nov '23

07 Nov '23

Dear ODV- You may hear from some members in a panic that they received a letter stating that their Club Liability Insurance policies are not being renewed. We have learned that Marsh/AIG are not renewing any of these policies that remained with them after the transfer to our program. I am told that these letters are not very friendly. Short version - these policies are not part of our program but the Clubs can move to our program with Risk Strategies by going to arrlinsurance.com or calling 1-866-819-0209. For those of you who have not been on the board for many years- a little history - The ARRL Club Liability and Equipment Insurance Program has changed administrators and, therefore underwriters multiple times over the years. Despite very public announcements many of the policy holders who have never had a problem just kept renewing with the old program administrators/underwriters. When these folks have issues with their policies, we cannot help resolved their concerns. In recent weeks there has been an uptick in members contacting us complaining that no one will respond to them or answer the phone. These complaints are not related to our program. While they will call ARRL or Risk Strategies, we learn that their policies are actually with an old program administrator/underwriter and we have to explain to them that they are not in our program and there is nothing we can do for them. The silver lining is this can be an opportunity to grow our program by regaining all these clubs into our current program. Should you hear from any of your members who have received one of these letters, please encourage them to contact Risk Strategies and assure them that insurance is still available. At this time, we do not know if this impacts the equipment insurance policies. I will be working this week to get the word out to the clubs that coverage is still available. Please let me know if you have any questions or can be of any assistance. 73, Diane Middleton, W2DLM Chief Financial Officer ARRL, The National Association for Amateur Radio(r) 225 Main Street Newington, CT 06111 (860)594-0225 [cid:image001.png@01DA0FC0.5D849B40]

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[arrl-odv:35322] Agenda - A&F November Meeting
by Ryan, Jeff, K0RM (Dir, RM) 07 Nov '23

07 Nov '23

Attached.

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[arrl-odv:35320] Club Liability Program
by Middleton, Diane, W2DLM (CFO) 06 Nov '23

06 Nov '23

Dear ODV, Below is the message sent to ARRL Affiliated Clubs and SMs today. Please feel free to use this communication in your division newsletters. We have also shared messaging and background to the ARRL Member Services team, so they are prepared to answer any questions from clubs and members. Just as a reminder, we do not know if this will also impact the old equipment insurance policies. If we get confirmation it does, a separate communication will be developed. Thank you. Diane For Clubs: [send to club contacts, club presidents, club treasurers, SMs, and ACCs] Subject line: Support for the ARRL Club Liability Insurance Program Dear ARRL Affiliated Club, ARRL is aware that some amateur radio clubs who had been insured by Marsh/AIG, a previous provider of the ARRL Club Liability Insurance Program, are receiving notices that their club liability insurance is not being renewed. ARRL discontinued its relationship with Marsh/AIG in 2011, but some clubs who had previously enrolled in the policies were still renewing with the old provider -- and not in the current ARRL program. The current program administrator (since 2015) for the ARRL-sponsored Club Liability Insurance Program is Risk Strategies<https://www.arrlinsurance.com/>. ARRL has a strong relationship with the current administrator who understands the importance of local amateur radio clubs and will help clubs seek new policies. Risk Strategies also administers the ARRL Equipment Insurance Plan<https://www.arrlinsurance.com/> for members. Clubs that are affected by the loss of coverage from the previous provider are encouraged to contact Risk Strategies. Please visit Risk Strategies online at arrlinsurance.com<https://www.arrlinsurance.com/> or by phone at 1-866-819-0209 (please leave a message and your call will be returned). Diane Middleton, W2DLM Chief Financial Officer ARRL, The National Association for Amateur Radio(r) 225 Main Street Newington, CT 06111 (860)594-0225 [cid:image001.png@01DA10B0.58C86EB0]

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[arrl-odv:35314] Yvette Vinci and Non-disparagement Clauses
by Richard Norton 03 Nov '23

03 Nov '23

On Thursday, September 28th, I received the message shown at the bottom of this email from ARRL President Roderick. I had heard a rumor of Yvette Vinci's possible departure from the League, and attempted to get in contact with her, both to confirm it, and hear any useful comments or suggestions that she might pass along. I can't say I knew her well, but all my dealings with her on membership issues were handled well and pleasantly. She had been with the League for around 10 or more years, and as a direct report to Mr. Minster, was a high-level League employee. Mr. Berry's email appears to explain the Vinci situation adequately. It is again astounding that to this date, the Board has not been formally notified of Ms. Vinci's departure, given that she was such a high-level staff member. The news about the non-disparagement language clause and the Roderick email appear to explain the Vinci situation. Over the past three years, I have talked with a number of employees that have left the League. The great majority of information they have imparted closely matched what we were all told by Steve Berry. There have been a couple that have been a little deferential to Mr. Minster, similar to Mr. Berry pointing out that he was not calling for Mr. Minster's removal. That is as positive as it gets. I would have expected a friendly conversation with Ms. Vinci, where we would have at least commented on our productive membership-related interactions . With the imposition of the non-disparagement clause and Ms. Vinci's request, a strong message has been sent that a conversation could not have taken place that would not have been disparaging to Mr. Minster. Ironically, Mr. Minster's non-disparagement caper appears to have strongly self-disparaged Mr. Minster. Relevance of "Non-disparagement Clauses" to the ARRL Board The most important thing the Board should learn from this is that Mr. Minster has now added non-disparagement suggestions or requirements to the staff, something that the League had not done in its 106 year history, and something that I've never heard of with respect to any employer. And, this clearly appears to impact communication with the Board. Why? Will such action better enable the Board to serve it oversight responsibilities? Is this an action related to Mr. Minster's attempted purges of criticism on Amateur Radio web-sites? Is Mr. Minster's pretty comprehensive program of attempting to hide or attempting to forbid criticism preferable to looking at it and attempting to operate in ways that invite praise such as was done for many years by some of Mr. Minster's predecessors? Legality of "Non-disparagement Clauses?" Earlier this year, the National Labor Relations Board issued a decision about "Non-disparagement Clauses." NLRB Requires Changes to Employee Severance and Other Agreements | White & Case LLP | | | | | | | | | | | NLRB Requires Changes to Employee Severance and Other Agreements | White... Earlier this year, the National Labor Relations Board ("NLRB") issued its decision and order in McLaren Macomb, ... | | | On the surface, it appears that such clauses are unlawful, unless the disparagement was malicious and false. . Possibly the League needs to upgrade its legal advice in this arena? I personally find such clauses to be ethically repugnant. I've never heard of such a thing until this, and can't imagine use of them. Effectively managing any employees should result in the employees both producing productively, and also leave the employees with positive feelings about their role and effort. Use of a non-disparagement clause openly admits complete failure with the second part. Dick,. N6AA On Thursday, September 28, 2023 at 02:11:43 PM PDT, k5ur(a)aol.com <k5ur(a)aol.com> wrote: Hi Dick: David Minster was contacted by Yvette Vinci. She has requested that you stop trying to contact her and she wanted this request communicated to you. I told David that I would pass her request along to you. Thanks. 73,Rick - K5UR

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[arrl-odv:35306] Steve Berry's Message to ARRL Board Members
by Richard Norton 02 Nov '23

02 Nov '23

This is a response to Mr. Minster's message claiming someoneassociated with the Board contacted Steve Berry in response to an earliermessage from Mr. Minster to the Board. While I don’t know whetheranyone from the Board did anything with Mr. Minster's original message (I didnot), the following should be noted. On Sunday, September 24, I was made aware of the fact thatSteve Berry had left the League's employ several weeks earlier. The informationdid not come from ODV. I was astounded that the departure of Mr. Minster's veryvaluable hire had left, and that weeks had passed without the Board beingnotified. Mr. Berry had one of the mostimportant roles in the organization and, per the organization chart, was adirect report to Mr. Minster. I forwarded this news to a few other Directors. Quite curiously, on the following day, Mr. Minster finally informed the Board about Mr. Berry’s departure. I attempted to contact Mr. Berry based on outside information, not onMr. Minster's message. Mr. Berry never answered any of my phone calls, nor did hereply to my phone messages. On Thursday,September 28, we all received Mr. Berry's message. The contents of his message adequately addressedthe issues I wanted to cover, so I have made no further attempts to contacthim. In my opinion, Mr. Minster's assertion that there was"a confidentiality issue that the board needs to address" is merely an attempt to deflect attention from the important issues. The real discussion should be about 1) his failure to keep the Board informed on keypersonnel issues, And 2) the uncharacteristically high employee turnover ofARRL staff since Mr. Minster’s arrival. At least 44 employees (update - now, at least 45) have left the League since Mr. Minster became CEO three years ago. Many are people he himself hired, and many were direct reports with management positions. Around four of his secretary/administrative assistants have left (Update - number five has left.) Every single one has departed. Something like eight other direct reports are gone. Responsible Board oversight demands that we understand the root cause of such unusualturnover. Is it our hiring practices,our management practices, the work environment or some combination of these? Although I probably had nothing to do with you all receiving theBerry message, (maybe multiple phone-answering-machine messages from me did give him the idea that some Board members were interested in his departure) I consider it fortuitous that a former employee with the respectMr. Berry had earned outside the League made the effort to speak up. Mr. Berry's comments give the Board solid evidence of what needs to be addressed. Dick, N6AA

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[arrl-odv:35311] ARRL STORE not working?
by Boehner, James, N2ZZ (Dir, RK) 02 Nov '23

02 Nov '23

Is there any reason the ARRL store has been down since last evening? When I click on "ARRL Store" this is the response: The requested URL was rejected. Please consult with your administrator. Your support ID is: 14828208477367856052 [Go Back]<javascript:history.back();> '73 de Jim N2ZZ Director - Roanoke Division Representing ARRL members in North Carolina, South Carolina, Virginia and West Virginia ARRL - the national association for Amateur Radio Facebook Page: ARRL Roanoke Division Website: www.arrl-roanoke.org<http://www.arrl-roanoke.org/> [Text, logo Description automatically generated]

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