Options paper, Section 97.113

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.