BE INFORMED NO. 24
WE ARE REGULATABLE!
(Aren’t We?)
John B. Johnston, W3BE
Synopsis From the questions asked by readers, our amateur service
community seems to be having difficulty in adapting to digital technology, particularly with station licensee accountability
and control operator duties in systems of stations. This paper is a collection of such questions and the answers taken
from the Rules and Regs columns in AutoCall, WorldRadio and the QCWA JOURNAL. Our amateur radio service
has long enjoyed an enviable reputation of being a legitimate, relatively untroubled, lightly regulated hobby. We have been
entrusted to participate in the rulemaking process and to comply with the rules so adopted. That has been the key to obtaining
the vast privileges that we enjoy today. We need to prove every day in every way that our service is regulatable
and that it is worth the public resources that it requires to allocate spectrum and administer it. Our systems are not
regulated as such; they depend upon every participating station licensee and control operator making certain that rule compliance
is being achieved. This great show of confidence means that each and every amateur operator needs to understand the rules
for their station licensee accountability and control operator duties. From the questions being asked by readers, our
amateur service community seems to be having difficulty in adapting to digital technology. Apparently, many licensees of stations
comprising these systems lose sight of the fact that it is they who are accountable and it is they who we must depend upon
to make sure their stations are in compliance with the rules. Here are some examples.
Q. A Tech here in Florida told me that he was joining our phone net by
going through the Internet and coming out on a 20 meter station in Pennsylvania. He said there was no control operator at
the PA station, so he was going to use his own call sign. Would this be legal?
A. No. Just follow
the accountability trail from the station identification announcement back to the control operator: There would be a station
transmitting a Phone emission on our 20-meter band from a place where the amateur service is regulated by the FCC. The call
sign transmitted in the station ID announcement is one that appears on the ULS as having been granted to the station of Technician
Class operator. There are, however, no 20 meter privileges authorized to such a station. See Section 97.301. We must conclude,
therefore, that a serious breach of Section 97.105(b) has also occurred. It says that 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,
in this case, Technician.
Q. Our digital advocates
want no rules. Their point of view seems to be that -- "since we are digital, we can go anyplace and do as we like because
nobody with analog gear will be able to figure out who we are and what we are communicating." Unless the digital folks
all run the same protocol -- which seems unlikely -- they will just raise one another's noise floor -- and that of every other
ham using the spectrum. I doubt the various ham manufacturers will all go the same protocol -- each hoping to completely corner
the digital ham market and possibly even control it. A lot of hams who go digital may no longer be able to communicate with
one another!
W3BE-O-GRAM: If that happens, our service may no longer be legitimate or regulatable. An un-monitor-able
communication system begs for abuse by those persons having a need for free unchecked stealth communications.
Q. I have a complex amateur radio system under development. How
do I go about determining if it is compliant?
W3BE-O-GRAM: One way would be to draw a diagram showing each station in your system and every
transmitting unit in each station. Determine the control point, its control operator and its type of control for each. Then
examine them one-by-one for compliance with the rules. BE Informed No. 1 W3BE CHECKLIST can help with this; it lists the duties
of each station licensee and control operator.
Q. Our repeater is operated under automatic control. Doesn't that excuse me from some degree of accountability?
W3BE-O-GRAM: No way! Read: If your setup of devices and procedures for automatic control doesn't result in the control
operator's job being performed properly, you shouldn't be relying on it.
Q.
I have read several references to "unattended operation." What is that?
A. Whatever it
is, it doesn't sound like it is at all appropriate for our amateur service. "Unattended" usually means not being
attended to, looked after, or watched; having no attendants; or something to which no one is paying attention. It appears,
therefore, that there would be no control operator on hand to exercise expert judgment and react accordingly. That flies in
the face of our rules, which say:
Paragraph 97.3(a)(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.
Section 97.7 Control operation required. 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 Section 97.107 of this part (97).
Additionally,
see Section 97.105 Control operator duties:
(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.
W3BE-O-GRAM: Automatic control, which is authorized for certain applications, is not "unattended"
operation. It is the use of devices and procedures for control of a station when it is transmitting so that compliance with
the FCC Rules is achieved without the control operator being present at a control point (Section 97.3(a)(6).) Unlike local
and remote control, it may be used only for special operations. Section 97.109(d) says that only stations specifically designated
elsewhere in Part 97 may be automatically controlled. Those applications are in an auxiliary station (Section 97.201(d));
a beacon station while it is transmitting on certain frequency bands or segments (Section 97.203(d)); repeater station (section
97.205(d)); and, with certain caveats, a station transmitting a RTTY or data emission on certain bands or segments (Section
97.221(b).)
Q. What's the rule about APRS stations
running "unattended?" For example, I'm now at work with my -2 station. I have my -1 station and my -3 station in
the driveway at home. My wife could turn them off, but she's not the "control operator" so, they're unattended.
Is this legal?
A. Probably not. The very term "unattended" implies that the station is
transmitting without a control operator. It is, therefore, totally unsuitable for our amateur service. Section 97.7 says that,
as we all should know, when transmitting each amateur station must have a control operator.
Section 97.3(a)(13) says that the control operator is
an amateur operator designated by the licensee of a station to be responsible for the transmissions from that station to assure
compliance with our FCC Rules.
W3BE-O-GRAM: You cannot stick your head in the sand
to shirk this fundamental responsibility. There is no authority in our rules for any amateur station to transmit while unattended.
Section 97.109 provides only for local control, remote control, and automatic control - all of which require a control operator.
As for the "-1" indicator that you apparently append to your call sign in your station's identification announcement,
Section 97.119(c) authorizes only an indicator that is separated from the call sign by the slant mark (/) or by any suitable
word that denotes the slant mark.
Q. In a remotely controlled station using
a computer and the Internet, does the FCC require the operator of the station through which the computer is operating to be
present at the station?
A. That would depend upon whether the station licensee decides to designate
as the station control operator, the amateur operator at the distant computer (control point). See Section 97.103(b).
Should the station licensee, rather, decide to perform the control operator duties, the person at the distant computer would
be a third party. See Section 97.115(b). The control operator must be at the control point. See 97.109(b).
Q. I have several APRS stations in my house and cars that are on
most of the time. What is your take on using them to track things like lead runners in races?
A.
There are no special operation provisions for an APRS station in our Part 97. It does not even mention ARPS. Your station
operation, therefore, must be in compliance with our general station operation standards codified in Subpart B of our Part
97. As for the use of your station in supporting a race promotion, give it the BE Informed No. 3 Section 97.113 SMELL TEST.
Q. Why are there no special provisions in our rules for APRS?
A. Apparently because its system designers have decided that no special provisions are needed. They
probably treat it as just another one of the many systems that our amateur service community assembles from a collection of
our individual amateur stations.
W3BE-O-GRAM: Our FCC rules regulate our stations, not our systems. This approach works in our favor, as it makes us free
to design and implement all sorts of new systems as ideas and technology appear. We are allowed to configure and operate our
stations depending upon our interests, our resources, our ingenuity and our good judgment. Let's respect this fantastic show
of faith in our service. Go all-out to act responsibly so as to keep it that way. It seems that whenever someone in our amateur
service community loses sight of just what is at stake here, those who favor government micro-regulation of our systems crawl
out of the woodwork.
Q. Can my
APRS stations transmit under automatic control?
A. They can if they meet the conditions of Section
97.109(c). It says that only stations specifically designated elsewhere in our Part 97 may be automatically controlled. These
are auxiliary stations, Section 97.201(d); beacon stations, Section 97.203(d); repeater stations, Section 97.205(d); and certain
digital stations, Section 97.221(c). Carefully observe the very narrow conditions under which each type of special operation
is authorized for automatic control.
Q. What
if I loan my SUV to a neighbor and forget to turn off the APRS rig? He's out four wheeling and my APRS is sending locations.
What think you?
A. He likely would be unaware that he was involved in illegal transmissions. Let's
hope that our FCC's Enforcement Bureau would find him blameless for the very serious matter of radio transmissions without
a license to do so. You, however, could be found in violation of Section 97.103(a) for failing to carry out properly your
responsibilities as the station licensee.
Q.
When my station transmits PSK-31, does it have to ID in CW?
A. No. Although you may make your station
identification announcement in CW, under the authority of Section 97.119(b)(1), it is a lot more convenient to make it under
the authority of Section 97.119(b)(3): By a RTTY emission using a specified digital code when all or part of the communications
are transmitted by a RTTY or data emission.
W3BE-O-GRAM:
Just type in your call sign ID announcement on PSK-31 at the appointed time. Some PSK-31 programs have provisions for doing
this automatically.
Q. Can I use
the Internet from my home to remotely control my remote base in a distant city?
A. Assuming that
by "remote base," you mean a remotely controlled amateur station, the answer is "yes," provided, of course,
that you comply with the FCC rules, in particular Section 97.213, Telecommand of an amateur station. It says that an amateur
station on or within 50 km of the Earth's surface may be under telecommand where:
(a) There is a radio or wireline control link between the control point and the
station sufficient for the control operator to perform his/her duties. If radio, the control link must use an auxiliary station.
A control link using a fiber optic cable or another telecommunication service is considered wireline.
(b)
Provisions are incorporated to limit transmission by the station to a period of no more than 3 minutes in the event of malfunction
in the control link.
(c) The station is protected against making, willfully or negligently, unauthorized
transmissions.
W3BE-O-GRAM: There is your authority, provided that you comply with the conditions specified therein. For
your purpose, you can consider the Internet as a wireline control link.
Q. I have a remotely controlled transmitter here in suburban Chicago. My English friend has
a ham license in the United Kingdom. Can he legitimately use my transmitter from England via the Internet?
A. Yes, provided that "using" it means that he is the station control operator and that the Internet is
being used for the control link. The U.S. has a reciprocal operation agreement with the U.K. Sections 97.5 and 97.107, therefore,
authorize your U.K. friend to be either or both the station licensee and control operator.
W3BE-O-GRAM: The issue of whether or not the control
point of a station that is transmitting from a place where the FCC regulates the amateur service can be located in another
country, however, is not specifically addressed in our rules. If it ever is, the decision could be negatively influenced by
the situation - a crisis, perhaps - prevailing at the time.
Section 97.213(a) authorizes telecommand of an amateur station in places where the FCC regulates our amateur service. Among
other requirements, the wireline control link between the control point and the station must be sufficient for the control
operator to perform his/her duties. A control link using another telecommunication service is considered wireline. So, the
Internet can serve as a wireline control link between a station transmitting from a place where the FCC regulates and its
control point wherever it is situated. Be advised, however, Section 97.109(a) says that each amateur station must have at
least one control point. So there exists the basis for eventually declaring that the control point is part of the station
and, as such, must also be at a place where the FCC regulates the amateur service.
W3BE-O-GRAM: Most of us probably prefer that the current
situation be codified before some over-imaginative ham becomes way too clever for our own good.
Q. I haven't been able to find in the rules where the FCC approval of the AX.25
protocol is codified. Can you point me to it?
A. No, it is not there. Our rules do not approve
or disapprove of such.
W3BE-O-GRAM: Neither does W3BE.
Q. In
APRS, as well as packet radio, the call sign is included with each packet so there is no need for any additional identification.
Unless the user is using something other than his call sign in the "mycall" entry then anyone can easily see where
each packet comes from.
E-MAIL TO THE QUESTIONER: Can you shed any light on why there seems to be an ongoing
controversy within our amateur service community over whether some of our digital systems are compliant with the station identification
rules as codified in Section 97.119? Why is it all so hush-hush?
HIS REPLY: I really don't
know. One of my APRS stations, in my truck, transmits a position packet every five minutes. The very first thing in the packet
is the call sign and that is part of the header on every packet. The only thing I can see as a possibility is that the call
sign is at the beginning instead of the end. The FCC has never said anything about that being improper identification of a
packet radio station in its 30+ years of use. One would think that they would have made someone change the way packet radio
works by now.
W3BE-O-GRAM: You would think so, but from similar questions received here, it appears more likely that neither the users
- as the persons accountable for their stations being in compliance - nor the system designers - who bear no responsibility
for it - have bothered to make their case for a rule amendment. Not good.
Q. If I transmit, in digitized form, the string of characters "(call sign)-14" as
part of an APRS packet, I don't believe that I am in violation of the rules. Just because part of this string is the same
as my call sign does not make it a call sign, any more than "W3BE" would be a call sign if I were to transmit in
CW or SSB the message "I dropped in to have an eyeball with W3BE last week." The fact that this string is in a field
of the APRS message that is labeled (for use in the APRS network) call sign" does not make it one.
A. There are no special rules for an APRS station ID. But there are station identification announcement rules for
every amateur station transmitting under an FCC license grant. The station identification announcement must be as stated in
Section 97.119. Your station's assigned call sign is the one shown on your station license grant. Should you modify it by
including a self-assigned indicator when making the station identification announcement required by Section 97.119, it must
be done so in accord with Paragraph 97.119(c) therein (below).
Q. Do I understand correctly that the current APRS users' protocol of adding a suffix on the call sign -- for instance my
using "call sign-9" when transmitting APRS position reports from my RV -- being improper or illegal?
A. Read and heed Section 97.119 for your station identification announcement requirement. Regardless of any other
purpose you may have in mind, if your station transmits your FCC-assigned station call sign with an indicator included to
satisfy the station identification announcement rule in Section 97.119, it must comply with the requirements for such as stated
therein. They could hardly be simpler and they are absolutely essential. The rule reads, in pertinent part, as follows:
Sec. 97.119, Station Identification
(a) Each amateur station, except a space station or telecommand station, must transmit its assigned call sign on its transmitting
channel at the end of each communication, and at least every 10 minutes during a communication, for the purpose of clearly
making the source of the transmissions from the station known to those receiving the transmissions. No station may transmit
unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to the station.
***
(c) One or more indicators may be included with the call sign. Each indicator must be separated
from the call sign by the slant mark (/) or by any suitable word that denotes the slant mark. If an indicator is self-assigned,
it must be included before, after, or both before and after, the call sign. No self-assigned indicator may conflict with any
other indicator specified by the FCC Rules or with any prefix assigned to another country.
*****
Q. If I include in my APRS packets (in the status field, for example) my unadorned
call sign or some permitted variant such as [call sign]/M, then it appears to me that I am in compliance with the rules. The
system operators of APRS networks always wish to limit the amount of data included in each packet and therefore APRS software
often includes the option of having the status information not transmitted in every packet. If, for example, my packet transmit
rate is set to once every 5 minutes and I have chosen to transmit the status field every second packet, then I would be within
the "once every ten minutes" portion of the rule. The only problem is that the rule also states that the call sign
must be transmitted at "the end of each communication." I have not encountered any APRS software that forces the
transmission of the status field with the last packet transmitted, if indeed it even knows which one is the last. Therefore
it would appear prudent to transmit the status information with every packet to ensure the last one includes the call sign.
A. If you have an issue with the software, firmware, hardware or whatever "ware" that
your station uses while transmitting on our amateur service bands, bear in mind that Section 97.103(a) says: "The station
licensee is responsible for the proper operation of the station in accordance with the FCC Rules. This includes making certain
that it transmits its assigned call sign on its transmitting channel at the end of each communication in order to comply with
Section 97.119(a). Because, however, "/M" indicates that your station is in England, check with its authorities.
Q. Is D STAR a repeater?
A. Yes. On
March 23, 2009, the FCC clarified that matter in a Declaratory Ruling. The issue was whether, in the definition of a repeater
in Section 97.3(a)(39)...
"[a]n
amateur station that simultaneously retransmits the transmission of another amateur station on a different channel or channels,"
... does the word "simultaneously" refers
to the signal information being retransmitted, or to the fact that the receiver and transmitter must both be active at the
same time while acting on the same signal information. It had been reported that some stations that digitize and retransmit
the user's voice were operating on channels in band segments other than those authorized for repeaters, on the theory that
because there is a small delay in retransmitting the signal of another amateur station, the signal is not ""simultaneously"
retransmitted" and, therefore, the system is not a repeater. The FCC concluded otherwise, however, finding the word "simultaneously"
in the definition is used to modify "retransmit." Referring to comments it received when it adopted the current
definition of a repeater, it concluded that "simultaneously" as used in the definition refers to the receiver and
transmitter both being active at the same time.
W3BE-O-GRAM: Here is an akward situation where our amateur service community petitioned
the FCC some 40 years ago for special accommodations for repeaters, including protection for other stations from repeaters
on certain bands. The result of that and several subsequent rulemakings is the current definition of a repeater and Section
97.205, which excludes repeaters from 1 MHz of the 2 meter band. As the result of technological innovation, we found that
we couldn't agree amongst ourselves just when and where we now want those accommodations to apply. So, we punted and called upon the FCC to decide for us. The staff examined closely the words in the definition
for a repeater, Section 97.3(a)(39), and came up with a clarification that may to be too "how-to-ish" to endure.
There is, moreover, Section 97.113(f) which says,
"No amateur station, except an auxiliary, repeater, or space station may automatically retransmit the radio signals of
other amateur station[s]." So, if a station is automatically (i.e., without intervention of the control operator) retransmitting
the radio signals of other amateur stations using the D-STAR protocol, it has to be under the rules for either an auxiliary,
repeater or space station.
Q. I am a fan of
Echolink and IRLP. How does my situation apply in a system where I come out on an RF link inside of the U.S. without physically
being in the U.S. at the time?
A. The terms "ECHOLINK" and "IRLP" do not appear
our FCC rules. For an amateur station transmitting in a place where the amateur service is regulated by the FCC, Section 97.213
says that an amateur station on or within 50 km of the Earth's surface may be under telecommand where (a) There is a radio
or wireline control link between the control point and the station sufficient for the control operator to perform his/her
duties. You should make arrangements with the person having physical control of the station apparatus that transmits from
a place where the FCC regulates the amateur service before causing or allowing it to do so. There should be an understanding
as to whether you are doing such as the control operator, or as both the station licensee and the control operator. The call
sign to be used in the station identification announcement will be determined by the arrangement you agree upon. In the first
instance, it is his or her station call sign that must be used. For the latter, it is your FCC assigned call sign that must
be used. See BE Informed No. 4 WHICH CALL SIGN?
Q. Whenever I contact a new station, I look him up instantly on a Buckmaster Hamcall CD-ROM. This provides the beam heading
from my station. However, if the other station is portable or mobile, this procedure doesn't work. But if the other station
has appended the /Mobile or /Portable identifier to his call sign, I immediately ask where he is operating from and mentally
compute the azimuth offset. During vacation periods when many stations operate as portable, or when the operators fail to
notify the FCC (or the foreign equivalents) of their new addresses, "/P" is important. When APRS is implemented
by the other station its QTH is automatically displayed on the computer screen and my beam can track the /P or /M using the
displayed data. Realistically, only a tiny number of stations utilize APRS so I am hoping to persuade you that we should retain
the /P and /M practice for the immediate future.
A. Such appendage for a self-assigned indicator
of any letters that are prefixes assigned to other countries, however, is contrary to Section 97.119(c).
W3BE-O-GRAM: The FCC does
the job of making such decisions for places where it regulates our amateur service.
Q. We have one ham, W3[suffix], who has an Echolink connection at his shack. He has it coupled
to a 2 meter rig that transmits and receives a repeater input/output that goes under a different call sign, "N3[suffix]/R."
What about having a "control operator present" to operate the 2-meter rig at W3[suffix]? Or would control operator
functions be all right for "KX3[suffix]" to do when he works through N3[suffix]/R, automatically bringing W3[suffix]
and it's Echolink into operation?
A. Section 97.7 says that when transmitting, each amateur station
must have a control operator. There are no special accommodations in the rules for Echolink or any other such system. The
FCC does not pre-approve our systems.
W3BE-O-GRAM: Analyzing a system for compliance is the sole responsibility of each user of a
system. That is why it is so vitally important that every station licensee and every control operator participating in the
system read the rules and heed the rules. BE Informed No. 1, W3BE CHECKLIST, explains the duties of each party and can help
guide you through the rules.
Q. I am the license
trustee for our club's repeater station. When a member uses it for Echolink, isn't he the SCO?
A.
As the station licensee, only you can decide that. It is your duty to designate your station SCO. Section 97.103(b) says that
the FCC will presume that the station licensee (you) is the SCO, unless documentation to the contrary is in the station records.
Q. But he is switching our repeater off and on. Doesn't that make
him the SCO?
A. Not unless you designate him as the SCO of your station. See Section 97.103(b).
Q. He can't be the SCO because his station transmits on the two meter band where remote control
is banned.
A. Only partially. Radio telecommand is implemented with an auxiliary station. Section
97.201(b) authorizes an auxiliary station to transmit on the 2 m and shorter wavelength bands, except the 144.0-144.5 MHz,
145.8-146.0 MHz, 219-220 MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments.
Q. I am the trustee of a club repeater system which has an Echolink interconnect.
One of our members was connected to a station in Korea. They were speaking in Korean. Our member identified in English, the
other station did not. Since I do not speak Korean, was it compliant for this conversation to be held over the repeater and
if not, what sections of Part 97 apply?
A. The SCO of the repeater must have some way of determining
that communications it transmits from a place where the FCC regulates the amateur service - in a language that he or she does
not understand - is compliant with the transmissions authorized in Section 97.111 and that they do not run afoul of the transmissions
prohibited by Section 97.113.
Q. The FCC seems
to be tacitly in agreement with the substitution of "-" for "/" in certain situations, by not pursuing
the use of the dash-number or dash-tactical indicator commonly in use with ARPS and other situations. Apparently, though not
codified, the FCC defers to the knowledge that "/" is a hierarchal operator to the computers running the digital
software, where the "-" is not.
A. Wrong. The FCC Enforcement Bureau does not remake
the rules. It is up to our amateur service community to petition the FCC before the fact for every rule accommodation that
we want.
W3BE-O-GRAM: Don't try to lay this turkey off on to the Enforcement Bureau. We must rely upon the Amateur Auxiliary to
monitor our bands. See BE Informed No. 26. Every ham above Technician Class should know this. In their examination question
pool, the VECs expect examinees to know that the Amateur Auxiliary to the FCC is composed of amateur operator volunteers who
are formally enlisted to monitor the airwaves for rules violations. They also expect examinees to know that the objective
of the AA is to encourage self-regulation and compliance with the rules. Maybe our amateur service is becoming less self-enforcing
than we take pride in it being. Don't expect the FCC to save us from ourselves. In today's ever more highly competition-for-spectrum
arena, it could not be faulted for assuming that we comprehend fully that rule compliance is in our future best interest.
WHO IS ACCOUNTABLE?
By the Bard of the
Bauds
"Who is accountable?"
asketh ye.
"It can't be me - I'm only the station licensee."
"That station just uses my call sign,
don't you see?
Whenever it transmits its station ID."
Verily, verily, I say unto thee,
"Check out the rules in Section 97.103!"
For
it is there that you will see
Who it is that has the accountability
It isn't she and it isn't he;
Nor those double A monitors behind that tree
It isn't the
designer, no not he;
Or that manufacturer across the sea
"The dealer?" you ask; No sir-ree;
Nor those ads in WorldRadio, CQ and QST
And
it certainly isn't our beloved FCC;
Not even its enforcer, Ri-a-lee
Oh my! Oh me!
There is but one that it
can be
It has to be ... thee -
For YE are the station licensee!
January 28, 2011
Supersedes all prior editions