BE Informed No.
25
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WHO
MUST THROW
THAT BIG RED SWITCH?
John B. Johnston, W3BE
A collection of questions/answers about third party communications and transmitter activation. Prose
Walker used to call these types of questions, Who must throw that big red switch?
Q. Does the
control operator have to cough in order to control keying the transmitter if VOX is used during a third party voice transmission?
Does the control operator have to stand behind the third party and reach around him/her to activate the PTT?
If a foot switch is used, does the third party have to sit in the lap of the control operator so that the control operator
may activate the foot controlled PTT? If Morse code is used to express the words, does the control operator
have to hold the hand of the third party on the J-38 key while stroking it?
A.
Section 97.115 authorizes an amateur station to transmit messages for a third party.
The third party may participate in stating the message where the station control operator (SCO) is present at the control
point and is continuously monitoring and supervising the third party's participation. BE Informed No. 7 is all about third party communications. It is for instructors
and others who want to understand what third party communications is all about.
One set of how-tos cannot fit all situations, unless it was so rigid as to become silly overkill in the real
world. As the designated control operator, therefore, you must not allow the participating third party
to key the mike, tap the keyer, use VOX, etc., unless you are convinced absolutely that the third party will act exactly as
you intend.
The FCC granted the license to you because you qualified by passing
the necessary examinations. You are the one with the privileges. You cannot delegate
your accountability for performing your control operator duties. When it goes wrong, you cannot pass the
buck to the third party. Make certain that you can answer YES to this question:
Is the spectrum
allocated to amateur stations being used to provide a radiocommunication service for the purpose of self-training, intercommunication
and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely
with a personal aim and without pecuniary interest?
Q. Most hams do not intend to violate the rules on Field Day. The problem lies in the meaning
of the term control operator. Isn’t it time for you to request a definition in this context from the FCC?
A. No need; the FCC has already spoken repeatedly to that matter. The definition of the
term control operator is codified in Section 97.3(a)(13):
(13) Control operator. An amateur operator designated
by the licensee of a station to be responsible for the transmissions from that station to assure compliance with the FCC Rules.
That definition applies
to all contexts: Field Day, contests, special events, rag chewing, DXing, etc. The term is used throughout
Part 97. For instance, Section 97.7 says:
When transmitting, each amateur station must have a control operator. The control operator must be
a person:
(a) For whom an amateur operator/primary station license grant appears on the ULS consolidated licensee database,
or
(b) Who is authorized for alien reciprocal operation
by §97.107 of this part.
Moreover, Section 97.105 says:
(a) The control operator must ensure the immediate
proper operation of the station, regardless of the type of control.
(b) A station may only be operated in the manner and to the extent permitted by the privileges authorized for the class
of operator license held by the control operator.
Furthermore, Section 97.103 says:
(a) The station licensee is responsible
for the proper operation of the station in accordance with the FCC Rules. When the control operator is a different
amateur operator than the station licensee, both persons are equally responsible for proper operation of the station.
(b) The station licensee must designate the station control operator.
The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary
is in the station records.
(c)
The station licensee must make the station and the station records available for inspection upon request by an FCC representative.
There is this additional information about the
control operator on the FCC web pages.
Q: Is it correct that a third party cannot operate my amateur station?
A. Yes, only the control operator can operate your station.
Q: What is a third-party communication?
A.
Section 97.3(a)(46) defines the term third-party communications as a message
from the control operator (first party) of an amateur station to another amateur station control operator (second party) on
behalf of another person (third party).
Q:
Is it correct that there is no distinction between a third party who holds an amateur operator license grant and one who doesn't?
A. You are correct. The FCC Rules make no distinction between a third party who holds an amateur operator license
grant and one who does not.
Q:
May I allow the third party to speak the words of the message during the transmission of a third-party communication?
A. Yes,
you may allow the third party to participate in stating the message by speaking, typing, telegraph keying the words of the
message, pointing the video camera or by whatever means the message is generated. Section 97.115, however, prohibits you from allowing the third party to so participate
where the third party is a prior amateur service licensee whose license was revoked; suspended for less than the balance of
the license term and the suspension is still in effect; suspended for the balance of the license term and relicensing has
not taken place; or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings.
The third party, moreover, may not be the subject of a cease and desist order that relates to amateur service operation and
which is still in effect.
Persons are now encouraged to experience firsthand actual amateur
radio intercommunicating without licensure. Our U.S. amateur service community is currently pursuing a
progressive licensee expansion initiative. For instance, our National Conference of Volunteer-Examiner Coordinators
has petitioned the FCC to make our Amateur Radio Service accessible to as many citizens as possible (RM-10870 Section H, paragraph
31 filed March 4, 2004.) For information on the use of our amateur service spectrum by non- and under-licensed
persons, read BE Informed No. 33 Our TPMSP “Class,” and BE Informed No. 56 The VPOD Protocol.
Q. I understood that the purpose of a Field Day Control Operator was so that Technicians could operate on HF.
Now I’m getting the picture that they can only operate with their own Technician privileges. What, then, is the
purpose of the Field Day Control Operator?
A. As on every day of every year, the purpose of the
SCO is to be responsible for the transmissions from that station to assure compliance with the FCC Rules. For a station having a SCO who has been granted an operator license of Novice, Technician, or
Technician Plus Class, Section 97.301(e) authorizes only small segments in the 80, 40, 15 and 10 meter HF bands.
Q. I think
it would be advantageous to give any Extra Class on site the right to serve as “control operator” in any situation
where it is desired to exercise Extra Class privileges at that site. The FCC can already check the license
status of any operator, using its computerized records.
A. Obviously you advocate withdrawal
of the station licensee’s duty, under Section 97.103(b), for designating the station control operator. You are crediting
the ULS with far more capability than it
deserves. From the call sign given in the station identification announcement, it can provide only the
name, mailing address and operator class of the station licensee. It does not provide information on the
person who is the control operator at any particular time.
Q. We have assumed that since an Extra and General are on site and use their call, a Tech can
operate on 20/40/80 meters by answering CQ's. Must that person operate only in the area of his license?
A. Assume again, this time reading and heeding Section 97.301(e). It codifies the HF frequency bands available to an amateur
station having a control operator who has been granted an operator license of Novice or Technician Class. Note
that no privileges are authorized for 20 meters and only small segments of the 80, 40, 15 and 10 meter bands.
Q. The main confusion comes when the word operate is misused. We all generally say as we sit in front of our
rigs that we're operating. So when I let my next door neighbor talk over my rig, it is he who is sitting there
doing what we all do: operating. Of course, in this context, the neighbor is NOT operating.
A. Try to cut back on your overuse of that ambiguous “O-word.” Excessive
immoderation of same can impair your ability to read and heed our FCC rules. Some hams - who
should know better - assert that it is the person that does the transmitting
and it is the station that does the operating!
Q. What are the duties of the control
operator?
A. Section 97.105(a) says that the control operator must ensure the
immediate proper operation of the station, regardless of the type of control. BE Informed No. 1 W3BE Checklists goes into detail
about the duties of the control operator and those of the station licensee.
Q. Does our GOTA station control operator have to be awake at all times during Field Day?
A. Your control operator would have to be present and alert
at the control point in order to continuously monitor and supervise the third party participant.
Q. I have never thought that was a legitimate reading of the regulations that where there is an Extra class
operator in the general vicinity, even no-code technicians would be allowed to operate anywhere in the HF bands.
This has come up during field day, special event operations, and contesting. It has always seemed
to me that the person actually operating the radio (changing frequency and operating any push-to-talk switch) is effectively
the control operator of that transmitter and is limited by the license privileges of his or her own license. Agree?
A. Almost. Those PTT, etc. conditions, however, are way too
much how-to-ism. Use, instead:
The control operator causes or allows the station to transmit.
Q. How far from the station control point may the control operator be while continuously monitoring
and supervising an unlicensed third party operator’s participation in stating the message?
A. Section 97.3(a)(14) says the control point is the location at which the control operator
function is performed. The word point usually means a narrowly localized place having a precisely
indicated position. In this context, good amateur practice requires that the control operator be situated such as to be able
to exercise proper judgment while doing those things that the control operator does: view and interpret all indicators showing
the status of the regulated transmitting parameters; manipulate appropriately the apparatus dials and switches controlling
of these parameters; ensure that the message content of each transmission is appropriate for the amateur service; making certain
that the channel is not already occupied before transmitting; etc.
Q. Suppose that I have an Amateur Extra Class and visit a station with a lower class license and I want to operate.
Who’s the control operator?
A. That is for the station licensee to designate. See BE Informed No. 4 Which Call Sign? It
explains your options and accountability when someone wants to use
your station apparatus or vice-versa.
Q. Whose call sign is used?
A. Use the call sign assigned on the station license
grant under which the station transmits. Section 97.119 requires that it must be transmitted in
the station identification announcement.
Q. Whose privileges would have precedent?
A. The control operator’s class of operator license determines
the frequency bands available to the station. See Section 97.301. Section 97.103(a) says that the station licensee is responsible for the proper operation
of the station in accordance with the FCC Rules.
Q. Doesn’t the fact that I am sitting right next to this person mean I am the control operator?
A.
Nope. The control operator of an amateur station can only be the person so designated by the licensee
of the station under the authority of Section 97.103(b).
Q. That is basically unenforceable. If my station is operated with the Extra
Class bands and modes, who would know who is pushing the PTT?
A. You and the person pushing the PTT would know. You are, presumably, both trustworthy
– a reputation hard-to-earn, easy-to-lose. The extensive privileges afforded to our amateur service
are attributable to the reputation it has earned for self-enforcement in the past. It is difficult to imagine
why anyone would want to damage that. Check with your Amateur Auxiliary monitors as to how they do it.
Q. How else could I be in control if I were not physically present and close?
A. The legitimate
way would be by remote control. See Section 97.3(a)(38). That is where the control operator indirectly manipulates
the operating adjustments in the station through a control link to achieve compliance with the FCC Rules.
Q. What is the proper procedure to allow a visiting General Class amateur to operate my station in the Extra Class
band?
A. Your General Class operator visitor would have to upgrade his or her operator license
grant to Amateur Extra Class, as required by Section 97.301(b). Next you would designate your visitor as the control operator
of your station as required by Section 97.103(b). BE Informed No. 4 Which Call Sign? discusses the options
open to you, depending upon the amount of risk you are willing to assume for your visitor’s actions.
Q. If some infraction of the rules does occur, who pays?
A. Section
97.103(a) says that the station licensee is responsible for the proper operation
of the station in accordance with the FCC Rules. When the control operator is a different amateur operator than the station
licensee, both persons are equally responsible for proper operation of the station. Section 97.103(b) says that the station licensee must designate the station control
operator. The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary
is in the station records.
Q. In the case of a club call, would the trustee who may not even be aware or at the scene be liable?
A. Yes. That’s why it behooves
the club station license trustee to use good judgment in designating each control operator of the station.
Q. Because only the club call would be used, how could we figure out who was responsible?
A. Consult the ULS for the name and address of the club station license trustee; that’s the
person on the hook.
Q. My friend
is at a disadvantage in contests. He has a General Class license and can’t operate on a many of the
Amateur Extra Class frequencies where the DX is. I have an Amateur Extra. Can he operate
on the Amateur Extra Bands if I am there at his station? A. You can’t
be seriously expecting anyone to swallow that just your awesome mighty presence at the station miraculously transfers to
others also there all of the operational and technical qualifications that you had to master to become an Amateur
Extra Class operator! Don’t fret. There are some 32,000 VEs standing by to determine
whether or not your friend is qualified to compete against Amateur Extra Class operators.
Q. If I were to be a guest control operator at his station, whose privileges would have precedent?
A. Your privileges,
of course. Section 97.105(b) says: A station may only be operated in the manner and to
the extent permitted by the privileges authorized for the class of operator license held by the control operator (you).
Be sure to make this fact known to listeners by following the protocol codified in Section 97.119(e). When the operator license class held by the control operator (you)
exceeds that of the station licensee (your General Class operator friend), an indicator consisting of the call sign assigned
to the control operator's station (yours) must be included after the call sign (of your friend’s station.)
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January 4, 2012
Supersedes all previous editions