First, 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 Radio™
 
 
----- 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>>