Having an event station is not an issue since that is an ancillary activity – like at a state fair where one has a ham radio booth to demo what we do.. Can amateur radio operators provide direct communications support for a for-profit event even though no ham or club gets any compensation? Is it of commercial benefit to the for profit management company running the charity event for a commission? Recently I was approached by the for profit management organizer of a charity fundraiser walking/running event asking for communications support in exchange for donations to the hams participating. No, cannot do that. See the excerpts of a thread I forwarded to Rick and David. Interesting question, but can hams provide communications support for a charity by serving a for-profit manager who requests free or paid communications support? BTW, they told me they pay hams “donations” all the time for charity event comm support in the tri-state area! Say what?! The thread I refer to is pasted here in bottom up chronological order. From: "Robert B. Famiglio, Esq." <RBFamiglio@AOL.com <mailto:RBFamiglio@AOL.com> > Date: Monday, March 14, 2022 at 1:56 PM To: 'Michele Redrow' <mredrow@cgiracing.com <mailto:mredrow@cgiracing.com>

, 'Jamee S' <jameelsilenzio@gmail.com <mailto:jameelsilenzio@gmail.com> > Cc: <k3rf@arrl.org <mailto:k3rf@arrl.org> >, jamee silenzio <Jamee@cgiracing.com <mailto:Jamee@cgiracing.com> >, 'Derek Still Cell' <dewerstill@gmail.com <mailto:dewerstill@gmail.com> > Subject: RE: We need your help at the Philadelphia Love Run Sunday, March 27th, 2022

Thank you for the response. While I and many would support the intent of your project or mission, it is not legal for Amateur radio operators to exercise the privileges of their federally issued license or related radio systems to directly support a for-profit activity, no matter how otherwise noble the cause. Accordingly, I cannot recommend any local Amateur radio group or individual participate as a radio amateur. The law is clear and is designed to prevent this kind of situation. Even if licensed amateur operators were to participate without a suggestion of donations to each participant or their organizations, it would still be in support of a for profit activity. A short excerpt of the FCC rules related to our amateur radio service sums it up: § 97.113 Prohibited transmissions. (a) No amateur station <https://www.law.cornell.edu/definitions/index.php?width=840&height=800&ifra me=true&def_id=8316e1efbe4ab2409028952c23f115a7&term_occur=999&term_src=Titl e:47:Chapter:I:Subchapter:D:Part:97:Subpart:B:97.113> shall transmit: (1) Communications specifically prohibited elsewhere in this part; (2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules; (3) Communications in which the station <https://www.law.cornell.edu/definitions/index.php?width=840&height=800&ifra me=true&def_id=33259948aa6b8c51516e3ad3240b7b68&term_occur=999&term_src=Titl e:47:Chapter:I:Subchapter:D:Part:97:Subpart:B:97.113> licensee or control operator <https://www.law.cornell.edu/definitions/index.php?width=840&height=800&ifra me=true&def_id=2250b23d1939a08f78f3131500b39503&term_occur=999&term_src=Titl e:47:Chapter:I:Subchapter:D:Part:97:Subpart:B:97.113> has a pecuniary interest, including communications on behalf of an employer, with the following exceptions: [exceptions not relevant to the instant matter] . . . There are other applicable sections which may address this activity as well. Those experienced amateur radio operators who wish to donate their time and skills as radio operators or do so for compensation without reliance on or use of their licenses or amateur radio systems certainly are free to do so. In many cases other commercial radio services are ideally suited for renting portable radios with excellent networked coverage for the entire Philadelphia region. No individual operator license would be required as the system owner is licensed. There are several commercial services that rent such radios in the Philly area. I prefer not to recommend one as I have worked with many, but there are several which might rent volunteers radios for this type of event at a reasonable price. If you need a list of reputable providers, I can give at least three (or more) competitors without preference. You might wish to establish a relationship with one. Your volunteers need not necessarily be seasoned radio operators to make use of commercial service portable radios and the repeater networks provided by such vendors. We wish you success with your activity. Bob Famiglio, K3RF Vice Director - ARRL Atlantic Division 610-359-7300 Serving NNY, WNY, WPA, EPA, SNJ, DE and MD/DC sections www.QRZ.com/db/K3RF <http://www.QRZ.com/db/K3RF> From: Michele Redrow Sent: Monday, March 14, 2022 1:16 PM To: Jamee S <jameelsilenzio@gmail.com <mailto:jameelsilenzio@gmail.com> >; Robert B. Famiglio, Esq. <RBFamiglio@aol.com <mailto:RBFamiglio@aol.com> > Cc: k3rf@arrl.org <mailto:k3rf@arrl.org> ; Jamee Still <Jamee@cgiracing.com <mailto:Jamee@cgiracing.com> >; Derek Still Cell <dewerstill@gmail.com <mailto:dewerstill@gmail.com> > Subject: Re: We need your help at the Philadelphia Love Run Sunday, March 27th, 2022 Hi Bob, Actually, the parent company is Motiv sports (CGI is an arm of this entity). It is a for- profit however the Love Run has donated more than $500,000 to local community charities since our inception. Our volunteer program alone has enabled groups like your own to raise ample funds year after year. We could not produce the Love Run year after year without the dedication and support of our local volunteer groups. Is there anything else you would like to know? Warm Regards, Michele Redrow, CGI Racing From: Jamee S <jameelsilenzio@gmail.com <mailto:jameelsilenzio@gmail.com> > Date: Monday, March 14, 2022 at 1:11 PM To: "Robert B. Famiglio, Esq." <RBFamiglio@aol.com <mailto:RBFamiglio@aol.com> >, michele redrow <mredrow@cgiracing.com <mailto:mredrow@cgiracing.com> > Cc: <k3rf@arrl.org <mailto:k3rf@arrl.org> >, jamee silenzio <Jamee@cgiracing.com <mailto:Jamee@cgiracing.com> >, Derek Still Cell <dewerstill@gmail.com <mailto:dewerstill@gmail.com> > Subject: Re: We need your help at the Philadelphia Love Run Sunday, March 27th, 2022 Hi, Bob. We have included our race director, Michele Redrow, to this email so she can answer your questions regarding the racing company itself. Thank you so much for your interest. We look forward to working with you at the LOVE RUN. Warm regards, Jamee and Derek Still Race Directors CGI Racing jamee@cgiracing.com <mailto:jamee@cgiracingcom> On Mon, Mar 14, 2022 at 12:49 PM Robert B. Famiglio, Esq. <RBFamiglio@aol.com <mailto:RBFamiglio@aol.com> > wrote: Hello James. Thank you for your message. Can you tell me about CGI Racing? Is it a 501 c (3) qualified organization, a non-profit (whether 501 or not) or a for profit entity? Who owns CGI Racing? Bob Famiglio, K3RF Vice Director - ARRL Atlantic Division From: Jamee S Sent: Monday, March 14, 2022 11:44 AM To: k3rf@arrl.org <mailto:k3rf@arrl.org> Cc: Jamee Still <Jamee@cgiracing.com <mailto:Jamee@cgiracing.com> >; Derek Still Cell <dewerstill@gmail.com <mailto:dewerstill@gmail.com> > Subject: We need your help at the Philadelphia Love Run Sunday, March 27th, 2022 Hello. We are the Volunteer Directors at CGI Racing and we are in need of amateur radio members to assist us in the logistics for our race day, Sunday, March 27th. Would you be willing to gather 15-20 members for the Philadelphia Love Run? We can offer a $30 per volunteer grant donation for your time. Please let us know at your earliest convenience. Thank you so much for your time. Warm regards, Jamee and Derek Still jamee@cgiracing.com <mailto:jamee@cgiracing.com> END of Appended thread

Thanks to all that responded! I have passed the information along to my member. 73; Mike W7VO

On 04/25/2022 2:11 PM david davidsiddall-law.com <david@davidsiddall-law.com> wrote:

Mike,

It’s hard to say without any of the pertinent details. Section 97.113 is pretty clear:

§ 97.113 Prohibited transmissions. https://www.ecfr.gov/current/title-47/section-97.113

(a) No amateur station shall transmit:

(1) Communications specifically prohibited elsewhere in this part;

(2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules;

(3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer, with the following exceptions:

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

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From: arrl-odv <arrl-odv-bounces@reflector.arrl.org> on behalf of Michael Ritz <w7vo@comcast.net> Date: Monday, April 25, 2022 at 2:25 PM To: "arrl-odv@reflector.arrl.org" <arrl-odv@reflector.arrl.org> Subject: [arrl-odv:33697] A question for the legal eagles....

See below. I have a member that lives down in Eugene, Oregon, where the University of Oregon are going to be hosting the World Athletics Championships event this July.(website: https://worldathletics.org/). Essentially, this is the track and field world championship venue for 2022, so it's kind of a big deal.

The radio club he belongs to is looking at the possibility of working with the event organizers, (who are located in Monaco), to set up some kind of ham radio special event station, and he first asked me if the ARRL was doing anything itself. The answer, of course is no, so he is moving ahead.

The question he has relates to whether or not his radio club, as a 501c3 non-profit, can be part of a for-profit event by having a ham radio station there, and commemorative QSL cards for those that work them.

Any un-forseen issues here?

73;

Mike

W7VO

> >

...

---------- Original Message ----------

From: Scott N7JI Rosenfeld <ars.n7ji@gmail.com>

To: Michael Ritz <w7vo@comcast.net>

Date: 04/24/2022 9:36 PM

Subject: Another question regarding legality

Hey Mike -

I assume that the World Athletics Championships are a for-profit event.

Is there any issue commemorating this happening with a ham radio special event station?

Let's say that the club (or an individual) is given a small budget for QSL cards and postage - and the club is itself a nonprofit, but the organization running the event is itself a for-profit entity.

Maybe you or someone at the league might have an interpretation?

Thanks

Scott N7JI

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