Notes of Teleconference ARRL Executive Committee November 29, 2012 The members of the ARRL Executive Committee participated in a teleconference on Thursday evening, November 29, 2012 for the purpose of reviewing the FCC Notice of Proposed Rule Making in WT Docket No. 12-283 and beginning the formulation of the ARRL's response to the proposals contained therein. The teleconference began at 9:03 PM EST. President Kay Craigie, N3KN presided over the discussions. Also present were First Vice President Rick Roderick, K5UR; Chief Executive Officer and Secretary David Sumner, K1ZZ; Directors Cliff Ahrens, KØCA, Jim Fenstermaker, K9JF, George R. Isely, W9GIG, Brian Mileshosky, N5ZGT, and Dr. David Woolweaver, K5RAV; Second Vice President Bruce Frahm, KØBJ; International Affairs Vice President Jay Bellows, KØQB; and General Counsel Christopher D. Imlay, W3KD. Mr. Fenstermaker was on a mobile phone and could not remain connected for the entire duration of the teleconference. In addition to various amendments to the rules governing examinations and license renewals, the FCC has proposed to permit phone emissions with the emission designator FXE and data emissions with the emission designator FXD. The Commission requested comment on whether any other specific emission types should be permitted. Mr. Imlay noted that amateurs also needed authorization to use F7E emission. It was agreed to include this point in the ARRL's draft comments. If additional emission types are suggested by other commenters they can be addressed in reply comments. Discussion then proceeded to the proposals related to examinations and license renewals. Directors and vice directors had been asked to provide the Executive Committee with input based on member feedback and their own assessments, and several had done so. This input was considered along with that gathered by teleconference participants and their own observations. The general feeling reflected in most of the input was that the existing Volunteer Examiner program was working and did not need "fixing." Similarly, while reinstating expired licenses without re-examination would benefit some individuals there was no compelling need for a change. However, some changes would be acceptable. Examination credit for expired licenses: Moderate, but not strong, opposition was reported to be the prevailing membership attitude and was also the sense of the group. Some membership support for the principle was expressed but administrative difficulties are recognized to be considerable, particularly if Volunteer Examiners are going to be called upon to evaluate the validity of various old documents with which they may not be familiar. Certificates of Successful Completion of Examinations (CSCEs) are handwritten and subject to alteration, and the copies submitted to VECs are not retained indefinitely. It may be difficult or impossible to objectively verify the documentation someone might present, especially in the field. Granting lifetime credit for exam elements and/or CSCEs would be burdensome on both VEs and VECs. Chances of fraud and mistakes would be significant. If expired licenses are to be eligible for reinstatement, it must be determined whether this should extend to Advanced and Novice licenses, including those that were non-renewable when originally granted. Opposition to a lifetime operator license was not as strong as to granting exam credit on the basis of old CSCEs, but this would require that the FCC treat operator and station licenses differently. A lifetime station license would take desirable call signs out of the available pool indefinitely. Grace period: Membership support for reducing, extending, and maintaining the existing two-year grace period was reported. No strong rationale for a change was identified. Window for filing renewal application: While this is not included in the FCC's proposals, Director Norton raised the question of why renewal applications cannot be submitted earlier than 90 days prior to expiration. Mr. Imlay observed that it might be a problem to get software rewritten. After discussion it was agreed to include in the ARRL's comments a proposal to expand the window to begin six months prior to expiration. If this can be achieved there would be even less reason to lengthen the grace period. Burdensome to require renewal every ten years? President Craigie posed the question of whether it is burdensome on amateurs to require the timely filing of a renewal application every ten years. The conclusion was that it is not. Reduction in required number of Volunteer Examiners at an exam session: While a couple of directors had indicated that a reduction from three to two in the number of Volunteer Examiners required to be present at an exam session would be acceptable, others were strongly opposed. The interview of Laura Smith that appears in December 2012 QST includes the following quote: Surprisingly, the numbers of potentially actionable complaints has remained fairly consistent over the past four years. The only area that has seen a marked increase is the area of cheating on amateur exams. The VECs have reported multiple cases to the Commission this year already. This is an increase from past years where we might receive one such complaint during the course of a year. I am not sure why there has been such a significant rise in the area of cheating on exams; but I strongly commend the VECs for their vigilance in this year and encourage them to keep up the good work. It was observed that this is inconsistent with the idea of reducing the required number of VEs. There are other potential ways to increase exam opportunities in remote locations, if needed - although generally there is no shortage of exam opportunities. It was concluded that the ARRL should oppose this change. Remote proctoring of exams: While the need was recognized for amateur exams to be proctored remotely on rare occasion, such as in Antarctica, it was generally felt that this should continue to be done by waiver rather than by a change in the Part 97 rules. The need has not been quantified, so there is insufficient reason for such a sweeping change in the rules. The ARRL's comments should oppose incorporating remote proctoring into the rules because of the difficulty of ensuring adequate supervision but support the continued use of waivers as required. Waivers should rarely be granted for exams to be conducted without at least one accredited Volunteer Examiner physically present on site. Proposed elimination of the "paperwork upgrade" for pre-1987 Technicians to General Class: The committee concluded that this rule should not be eliminated. It does no harm and there are still some, admittedly not many, who continue to make use of the opportunity. Mr. Imlay was asked to prepare draft comments reflecting the results of the evening's discussions. The Executive Committee will review the draft and make its recommendations to the Board, bearing in mind the comment deadline of December 24 and Mr. Imlay's scheduled vacation December 8-16. The teleconference was concluded at 10:50 PM EST. David Sumner, K1ZZ Secretary