BE INFORMED No. 3
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SECTION 97.113 SMELL TEST
John B. Johnston W3BE
In places where it is regulated by the FCC, our amateur radio service is
open to two groups of duly authorized persons. In addition to our traditional unremunerated hobbyists who measure up
to the definition of an amateur as codified in SEC. 3. [47 USC 153](2) of the Communications Act of 1934; No. 1.56 of the international Radio Regulations (RR); and FCC rules 47 CFR Sections 2.1(c) and 97.3(a)(4) – we have remunerated professional communicators who were previously excluded because of those pecuniary
interests which are now excused by Section 97.113(a)(3).
AMATEURS
An amateur is a duly
authorized person interested in radio technique solely with a personal aim and without pecuniary
interest.
Section 97.113 says, in effect, that no station licensee should cause or allow the station to
be used for any communications unless “No” can be answered truthfully and completely to each and every one of
the following questions:
2. Is this communication for hire?
NO!
3.
Is this communication for direct material compensation? NO!
4. Is this communication for indirect material compensation? NO!
5. Is this communication for paid material
compensation? NO!
6. Is this communication for promised material compensation? NO!
7.
Does the station licensee have a pecuniary interest in this communication? NO!
8.
Does the control operator have a pecuniary interest in this communication? NO!
9.
Is this communication on behalf of the station licensee’s employer? NO!
10.
Is this communication on behalf of the control operator’s employer? NO!
11.
Can this communication be reasonably furnished alternatively through another radio service? NO!
11.1 If it can, is this communication
being transmitted on a regular basis? NO!
PROFESSIONAL
COMMUNICATORS
A professional is a person holding an amateur operator license
grant but who fall short of the core domestic statute and ITU international definition of an amateur
as being a person interested in radio technique solely with a personal aim and without pecuniary
interest. For such, Section 97.113(a)(3) provides the following exceptions:
(i) A station licensee or control station operator may participate
on behalf of an employer in an emergency preparedness or disaster readiness test or drill, limited to the duration and scope
of such test or drill, and operational testing immediately prior to such test or drill. Tests or drills that are not government-sponsored
are limited to a total time of one hour per week; except that no more than twice in any calendar year, they may be conducted
for a period not to exceed 72 hours.
(ii) An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus normally
used in an amateur station, provided that such activity is not conducted on a regular basis.
(iii) A control operator may accept compensation as an incident of
a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction
at an educational institution.
(iv)
The control operator of a club station may accept compensation for the periods of time when the station is transmitting telegraphy
practice or information bulletins, provided that the station transmits such telegraphy practice and bulletins for at least
40 hours per week; schedules operations on at least six amateur service MF and HF bands using reasonable measures to maximize
coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual
transmissions; and where the control operator does not accept any direct or indirect compensation for any other service as
a control operator.
See BE Informed No. 74 Can I Take A Paying Job As A Professional Communicator At An Amateur
Station?
January 3, 2012
Supersedes all prior versions