Ria, That’s the popular perception, and several operations in the past have been held based upon that incorrect perception and apparently eluded FCC enforcement and ARRL’s VM program. The applicable rule, 97.111(a)(5) explicitly limits such cross-band activity to the specific Armed Forces Day Communications Test, which is held in May every year. “(5) An amateur station may exchange messages with a participating United States military station during an Armed Forces Day Communications Test.” (Emphasis added.) 73, Dave K3ZJ From: "Jairam, Ria, N2RJ (Dir, HD)" <n2rj@arrl.org> Date: Thursday, December 1, 2022 at 12:36 PM To: "david@davidsiddall-law.com" <david@davidsiddall-law.com>, arrl-odv <arrl-odv-bounces@reflector.arrl.org> Subject: Re: [arrl-odv:34321] Battleship Iowa / Pearl Harbor Remembrance Day Waiver Hi David Thanks for this. Can you tell us why this is not already covered under 97.111(5)? It seems like that would be a catch all for these kinds of operations? Thanks Ria ________________________________ From: arrl-odv <arrl-odv-bounces@reflector.arrl.org> on behalf of david davidsiddall-law.com <david@davidsiddall-law.com> Sent: Thursday, December 1, 2022 12:30:40 PM To: arrl-odv <arrl-odv-bounces@reflector.arrl.org> Subject: [arrl-odv:34321] Battleship Iowa / Pearl Harbor Remembrance Day Waiver ODV, This morning the FCC Granted a waiver that permits amateurs to contact the military station operating aboard the Battleship Iowa during observances of Pearl Harbor Day, Dec. 6 – 7, 2022. This is cross-band operation. In any ARRL communication amateurs might be reminded to monitor their transmit frequency as well as the ship station’s (out-of-band) frequency to protect against inadvertently interfering with other amateur communications. 73, 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.

That’s what I was getting at. My interpretation is "an" armed forces test could mean any armed forces day test. I didn’t think the rule was that narrow. The FCC should broaden it or clarify that it is already broad. It is vague at best - and we did do the prudent thing by seeking a specific waiver - but to me the rule seems broad enough to cover it. ________________________________ From: david davidsiddall-law.com <david@davidsiddall-law.com> Sent: Thursday, December 1, 2022 2:50 PM To: Jairam, Ria, N2RJ (Dir, HD) <n2rj@arrl.org>; arrl-odv <arrl-odv-bounces@reflector.arrl.org> Subject: Re: [arrl-odv:34321] Battleship Iowa / Pearl Harbor Remembrance Day Waiver I should add that I will comment on this waiver and whether ARRL should seek to broaden the rule at Monday’s EC meeting. Nobody I have talked with has any idea why it was written in this restrictive way. My guess is that during the rulemaking process someone noticed that the annual Armed Forces Day activity would not be permitted by some version of draft or proposed rules and wrote in this exception for the existing event without thinking about whether a broader exception should be made. 73, Dave K3ZJ From: "david@davidsiddall-law.com" <david@davidsiddall-law.com> Date: Thursday, December 1, 2022 at 1:49 PM To: "Jairam, Ria, N2RJ (Dir, HD)" <n2rj@arrl.org>, arrl-odv <arrl-odv-bounces@reflector.arrl.org> Subject: Re: [arrl-odv:34321] Battleship Iowa / Pearl Harbor Remembrance Day Waiver Ria, That’s the popular perception, and several operations in the past have been held based upon that incorrect perception and apparently eluded FCC enforcement and ARRL’s VM program. The applicable rule, 97.111(a)(5) explicitly limits such cross-band activity to the specific Armed Forces Day Communications Test, which is held in May every year. “(5) An amateur station may exchange messages with a participating United States military station during an Armed Forces Day Communications Test.” (Emphasis added.) 73, Dave K3ZJ From: "Jairam, Ria, N2RJ (Dir, HD)" <n2rj@arrl.org> Date: Thursday, December 1, 2022 at 12:36 PM To: "david@davidsiddall-law.com" <david@davidsiddall-law.com>, arrl-odv <arrl-odv-bounces@reflector.arrl.org> Subject: Re: [arrl-odv:34321] Battleship Iowa / Pearl Harbor Remembrance Day Waiver Hi David Thanks for this. Can you tell us why this is not already covered under 97.111(5)? It seems like that would be a catch all for these kinds of operations? Thanks Ria ________________________________ From: arrl-odv <arrl-odv-bounces@reflector.arrl.org> on behalf of david davidsiddall-law.com <david@davidsiddall-law.com> Sent: Thursday, December 1, 2022 12:30:40 PM To: arrl-odv <arrl-odv-bounces@reflector.arrl.org> Subject: [arrl-odv:34321] Battleship Iowa / Pearl Harbor Remembrance Day Waiver ODV, This morning the FCC Granted a waiver that permits amateurs to contact the military station operating aboard the Battleship Iowa during observances of Pearl Harbor Day, Dec. 6 – 7, 2022. This is cross-band operation. In any ARRL communication amateurs might be reminded to monitor their transmit frequency as well as the ship station’s (out-of-band) frequency to protect against inadvertently interfering with other amateur communications. 73, 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.