[arrl-odv:18070] Re: Septemebr QST Editorial Question

That's pretty much how I see it Dick! Which way is up? 73 DE K5UZ ---- "Richard J. Norton" <richardjnorton@gmail.com> wrote:
The September QST Editorial made reference to an FCC staff interpretation about prohibiting hospital employees using Amateur Radio on behalf of the hospital while on duty.
This seems to somewhat conflict with a paragraph in recent FCC R&O 04-140, which is reproduced below.
The 04-140 paragraph seems to be missing from ARRL consideration. Has this paragraph been somehow been superseded? Or, is there some fine line between facilitating relief and working on behalf of the hospital? In other words, would it be acceptable for a hospital employee to request a flashlight for use in the emergency room using ham radio, but not OK to request a flashlight for use in the payroll department?
Thanks.
73,
Dick Norton, N6AA
52. Mr. DiGennaro also requests that we amend Section 97.113 our Rules, which prohibits “[ c] ommunications for hire or for material compensation, direct or indirect, paid or promised,” by amateur stations, 227 to clarify that amateur licensees who, by virtue of their employment, are directly involved in facilitating relief and recovery in times of disaster are not prohibited from effecting emergency communications using amateur radio. 228 We conclude that the proposed rule change is not necessary, however, because Section 97.113 does not prohibit amateur radio operators who are emergency personnel engaged in disaster relief from using the amateur service bands while in a paid duty status. 229 These individuals are not receiving compensation for transmitting amateur service communications; rather, they are receiving compensation for services related to their disaster relief duties and in their capacities as emergency personnel.
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