At 04:01 PM 10/11/2009, Brian Mileshosky wrote:

Hi Everyone --

I received this from a past SEC of New Mexico suggesting that this be passed on to the entire New Mexico ARES leadership. I offered a strong word of caution since this is one FCC person's word as compared to what is actually Part 97.

I think Dave and/or Chris would agree, but I'm forwarding the email below (click the link below to see the content in question) for their input and also for everyone's knowledge in case you get a "he said this even though Part 97 says that" email of your own.

Hi Brian - The same thing was brought up in New England. Here's what I heard back from Dave Sumner and Dan Henderson last week. I'm not aware of any FCC action yet - and this appears to be a case where we can say much of anything until they do. -- Tom

Subject: RE: [Fwd: FCC Part 97.113] From: "Sumner, Dave, K1ZZ" <dsumner@arrl.org> To: "Tom Frenaye" <frenaye@pcnet.com>, "Imlay, Chris" <w3kd@arrl.org> Cc: "Henderson, Dan N1ND" <dhenderson@arrl.org>

Kenny spoke out of school. There’s a clarifying public notice coming from WTB shortly.

Dave

Subject: RE: [Fwd: FCC Part 97.113] Date: Thu, 8 Oct 2009 08:56:55 -0400 From: "Henderson, Dan N1ND" <dhenderson@arrl.org> To: "Tom Frenaye" <frenaye@pcnet.com>, "Sumner, Dave, K1ZZ" <dsumner@arrl.org>, "Imlay, Chris" <w3kd@arrl.org>

Tom

That statement is NOT the "official clarification" of the General Counsel's office and in fact was not what happened at the meeting. Mr. Kenny and others at the Public Safety and Homeland Security Bureau have gotten into deep crap about this within the Commission.. First, their information being passed out is wrong, let alone not authorized. There was a meeting Monday of Bureau Chiefs and PSHSB was pretty much handed their head on a platter over this. Wireless Bureau is preparing a Public Notice on this topic and it is my understanding that the gang in PSHSB was told point blank to but out with no further "public" (and wrong") pronouncements. This post by Mr. Jordan reached FCC Friday afternoon and was a topic of email exchanges all weekend by FCC staff - leading to the Monday afternoon meeting.

73

Dan Henderson, N1ND Regulatory Information Manager ARRL, the national association for Amateur Radio™ 860-594-0236 dhenderson@arrl.org

===== e-mail: k1ki@arrl.org ARRL New England Division Director http://www.arrl.org/ Tom Frenaye, K1KI, P O Box J, West Suffield CT 06093 Phone: 860-668-5444