The ARRL Letter

Vol. 12, No. 16

August 25, 1993


Bill in Congress would protect ham volunteers


	Through ARRL efforts a bill has been introduced in 

the U.S. House of Representatives, H.R. 2623, that would 

amend the Communications Act of 1934 to "facilitate 

utilization of volunteer resources on behalf of the Amateur 

Radio Service."  

	The League in seeking the legislation said that many 

amateurs are reluctant to participate in volunteer programs 

such as the Amateur Auxiliary of the FCC's Field Operations 

Bureau, the Volunteer Examiner program, and the yet-to-be 

implemented volunteer club and military recreation station 

call sign administration program, for fear of liability 

beyond their control.

	The League said that volunteer monitors face the 

prospect of being accused of bias or other motives, and that 

volunteer examiners may fear being blamed by an examinee for 

failure to pass a test.

	The legislation is needed, the League argued, to 

eliminate an obstacle to volunteer participation in these 

programs, as well as to prevent civil actions against good-

faith volunteers.

	In its successful effort to get the bill introduced 

in the House, the League cited the example of Lawrence 

Macionski, WA2AJQ, of Royal Oak, Michigan. In 1986, 

Machioski had assisted FCC personnel in a case involving 

alleged malicious interference, in which the FCC initially 

sought revocation of a license.

	Prior to administrative hearing, the League said, 

the accused licensee reached a settlement agreement with the 

FCC's Private Radio Bureau, whereby the proceedings would be 

dismissed with no admissions on either side, provided that 

he make a monetary contribution to the FCC's enforcement 

efforts.

	Thereafter, the accused amateur brought a defamation 

action against Macionski, the volunteer who provided the 

evidence to the Commission. Although the suit ultimately was 

dismissed, the League said, as "insubstantial and 

malicious," Macionski was forced to spend enormous sums of 

money to defend himself, with "tremendous personal losses 

from the stress and on his family and his marriage as a 

result of the litigation," the League said.

	The proposed rules change, referred to as the 

Amateur Radio Volunteer Services Act of 1993, was introduced 

by Congressman Jim Slattery (D-KS). Co-sponsors at presstime 

Reps. Dan Glickman (D-KS), Dennis Hastert (R-IL); Mike 

Kreidler (D-WA); Bernie Sanders (I-VT); Jolene Unsoeld (D-

WA); and Peter Deutsch (D-FL). 

	The bill itself notes that in 1982 the FCC was 

authorized to implement the Volunteer Examiner program as 

well as the Amateur Auxiliary program, both of which "have 

greatly enhanced the self-regulatory character of the 

Service, and have saved the Commission countless hours of 

staff time and other resources." 

	The bill says "the success of these volunteer 

programs to date should be noted, encouraged and expanded."

	The bill also notes that the FCC is now reviewing 

applications from amateur radio organizations and groups to 

administer a call sign program for club and military 

recreation stations.

	The bill says that a "perception that volunteers put 

personal assets at risk in the event of actions against 

them, as the result of their provision of the volunteer 

services" is a threat to the volunteer programs themselves, 

and that protection against such threats is "necessary and 

reasonable."

	H.R. 2623, if enacted, would change the 

Communicatons Act of 1934 to protect amateur volunteers from 

personal financial responsibility resulting from their 

volunteer activities, as long as there there was no "willful 

and wanton misconduct" on the volunteer's part.

	

NEW BUSINESS COMMUNICATONS

RULE IN EFFECT SEPT. 13


	New FCC rules (in Section 97.113) concerning 

permissible communications by amateurs will become effective 

September 13, 1993. The new rules as just published are, 

except for a handful of minor word changes, identical to the 

Commission's Notice of Proposed Rule Making in July, 1992, 

and published in September, 1992 *QST* (page 62).

	The new rules are a direct result of an ARRL 

proposal that suggested that new language for the rules 

would permit amateurs greater flexibility in providing 

noncommercial communications while maintaining the 

traditional character of Amateur Radio by continuing to 

prohibit routine business communications.

	The new rules:

	* Define prohibited communications, as well as 

communications now allowed but formerly prohibited;

	* Permit (paid) teachers to use Amateur Radio;

	* Define allowable compensation for club station 

control operators;

	* Define permissible retransmissions by amateurs.

	Additional information was in *The ARRL Letter*, 

July 24, 1993. 


SAREX FLIGHT STS-58

MOVED TO OCTOBER LAUNCH


	The third SAREX flight of 1993 has been postponed 

until early October. STS-58 on Space Shuttle Columbia was to 

have lifted off for a 13 day mission on September 10 but has 

been delayed by recurring problems with the shuttle 

Discovery (STS-51, not a SAREX flight). 

	STS-58 crew members include Pilot Richard A. 

Searfoss, whose amateur license is pending; Mission 

Specialist William S. McArthur Jr., KC5ACR; and Payload 

Specialist Martin J. Fettman, KC5AXA.

	Amateur Radio frequencies for the mission are: voice 

downlink (Worldwide) 145.55 MHz; voice uplink 144.91, 

144.93, 144.95, 144.97, 144.99 MHz; voice uplink (Europe 

only) +144.70, 144.75, 144.80 MHz; and packet uplink: 144.49 

MHz.

	Fifteen schools are scheduled to participate, in 

Arkansas, Texas, Ohio, Missouri, Arizona, Tennessee, New 

Hampshire, Kentucky, Colorado, North Carolina, Indiana, and 

France. 

	Further information is available from the ARRL 

Educational Activities Department. Flight information 

updates will be available on W1AW as the launch date nears.


YOUNG AMATEUR HONORED

FOR HURRICANE SERVICE


	15-year-old Kevin Boudreaux, N5XMH, of Terrytown, 

Louisiana, has been chosen for the 1993 *Westlink Report* 

"Young Ham of the Year" award. Kevin was active in emergency 

communications in his hometown last August after Hurricane 

Andrew swirled past the Gulf Coast, spending more than a 

dozen hours providing voluntary communications and other 

services at a Red Cross shelter. A story about his 

activities during the storm is on page 26 of December 1992 

*QST*.

	"I think it was thirteen or fourteen hours," Kevin 

said. "We had damage to the building and I reported that to 

the Red Cross. And the shelter director got sick, so I 

called for another Shelter Director.

	"I was talking directly back to the Red Cross 

headquarters on St. Charles Street in New Orleans, but I was 

not on the radio all the time. They were short handed, so I 

was running around doing other things."

	Kevin received his award on August 14 at the ARRL 

National Convention in Huntsville, Alabama. His father is 

N5UGE; Mom is N5VEF.

       The *Westlink Report* Young Ham of the Year award 

program, now entering its eighth consecutive year, is 

presented annually to a licensed Radio Amateur 18 or younger

who "has provided outstanding service to the nation, his 

community or the betterment of the state of the art in 

communications through Amateur Radio. 


FCC TURNS UP HEAT

IN WA4D QRM CASE


	Michael E. Whatley, WA4D, has been hit with an FCC 

Notice of Forfeiture for $2,000. The Commission denied a 

request from Whatley that it reconsider the Notice of 

Apparent Liability it issued to him in November, 1992.

	Whatley was accused of willful and malicious 

interference based on FCC monitoring on 7257 and 7258 kHz in 

late 1992. According to the FCC, Whatley asked the FCC's 

Field Operations Bureau for copies of recordings of the 

transmissions in question and also requested a 30 day 

extension of time in which to respond to the NAL.

	The FOB	said it granted Whatley the extension and 

provided him with both the tape and a transcript of it.

	Whatley then argued that other amateur operators 

were interfering with *his* transmissions, that the 

transcripts are incomplete (not reflecting all 

communications which were recorded on tape), and that the 

parties to other communications on the band ignored his 

attempt to "compromise." 

	On August 20 the FCC announced the monetary 

forfeiture order, the FOB saying "We have reviewed the 

record and affirm our initial findings."

	The FCC said it was not persuaded by Whatley's 

arguments, and "further, Mr. Whatley's actions and 

communications indicate hostility towards the net members 

[on 7255 kHz] that were communicating, and do not support 

his claim that he intended to be conciliatory."

	Although the base forfeiture amount for malicious 

interference is $7,000, the FCC set the fine against Whatley 

at $2,000 because he is an individual and has no record of 

prior violations.

	Whatley has 30 days to pay the fine.


FCC SETS NEW FINES


	The FCC has adopted a new schedule of suggested base 

amounts for monetary fines, with some reductions and some 

increases.

	Fines in the Amateur Radio Service have been more 

numerous since a 1991 Commission policy statement which 

outlined standards for assessing forfeitures. Most have been 

for amateur band operation by unlicensed persons, for 

indecent language, and for malicious and willful 

interference to other amateurs.

	The FCC said that the new schedule still allows it 

leeway in adjusting forfeiture amounts up or down depending 

on circumstances. It also said that a "significant change" 

is to "allow a presumption of diminished ability to pay in 

certain services for individuals."

	The typical monetary forefiture assessed for most 

amateur band violations under the 1991 guidelines has been 

$2,000. 

	The National Association of Broadcasters, which 

challenged the 1991 fine schedule, saying it had not been 

subject to public comment, noted that the new schedule is 

also not subject to public comment.  

	

FOUNDATION FOR A.R.

AWARDS SCHOLARSHIPS


	20-year-old Diane R. Magen, KG5CS, of Grand Forks, 

North Dakota, is the top 1993 Foundation for Amateur Radio 

scholarship winner.  

	FAR on August 11 announced 49 winners, ranging from 

Diane's $2000 to a number of $500 scholarships.  The non-

profit FAR administers scholarships for organizations 

including the Quarter Century Wireless Association, the 

Radio Club of America, the Young Ladies Radio League, and a 

number of local and regional Amateur Radio clubs.

	Magen's award is the Rose Ellen Bills Memorial 

Scholarship; the second-highest award, $1200, was the YLRL 

Scholarship, awarded to 19-year-old Diane M. Weldon, KA1NOJ, 

of Marlborough, Mass.

	Receiving scholarships were:

	Brian D. Kuebert, N4UEZ; Bernard P. Andreoli, WM3L; 

Shawn E. Allen, KB8IYA; Dori M. Baker, AA8IT; Jeffrey 

Giesberg; Craig A. Gullickson, KC6CEX; Beverlie L. Hartnett; 

Charles A. Hill, KA3RWC; Matthew T. Johnson, N5OKP; Steven 

D. Kraft, KE9RW; Richard E. Kutter, KB8LOE; Kenneth R. 

Leitch, KB5OKI; and David B. Perrin, KC1TS. 

	Elizabeth Skolaut, KA0YSP; Taras B. Zima, 

UB5LSL/KD6VWQ; Michael Ambrose, KC1UK; Keith J. Leitch, 

KB5JVM; Grant Kesselring, N0OCI; Guy Shechter N5URI; and 

Daniel M. Reynolds, N0LAI; Charles A. Keller, KI5YO; and 

Diane M. Weldon,  KA1NOJ. 

	G. Colin Pitts, N3KHC; Rodney T. Frank, KA3OZF; 

Joseph P. Nunemaker, N3KHP; Elisa Niemtzoq, KA6WWY; Edward 

J. Calhoon, N3GJI; Melissa L. Benish, N3FAC; Tony Drake, 

KC4OBY;	Andrew L. Glasbrenner, KO4MA; Diane R. Magen, KG5CS; 

Michelle L. Czaikowski, N4QHT; and Wayne E. Wisner, KA3YEE. 

	Niesha S. King, N6SFS;	Dean R. Madson, KE0WO; 

Timothy J. Czerwonka, WO9U; Robert J. Goemans, N9HAD; Karen 

M. Schneider, N9SVA; Jennifer Doerrie, KA5WMJ; Erin M. 

Cottrell, N9SVH; Jeremy L. Haley, WG9T; Jonathan H. Kolbrak, 

N9KBB; 	Michael P. Ley, N9GQU; Peter S. Wycoff, KA3WCA; 

Jensen R. Montambault, KC4GPZ; Kresta L. French, N3NMG; Eric 

Chapman, KO4BS; and	Christopher Schaab, KD4NFW. 

	Information on FAR scholarships is available from 

FAR, 6903 Rhode Island Ave., College Park MD  20740. 


NH HAMS HELP IN SEARCH 

FOR DOWNED PRIVATE PLANE 


	Amateurs in Coos County, New Hampshire reaped good 

press in at least two newspapers as a result of their help 

in the search for a downed private aircraft. 

	39-year-old Francois Tisseyre had left Montreal 

August 4 on his way to Portland, Maine. Flying VFR (without 

a flight plan) Tissyere failed to show up and a search for 

him commenced August 5. 

	The Berlin (NH) *Daily Sun* said on August 6 that 

the American Civil Air Patrol had many small planes involved 

in the search for Tisseyre but that they "lack the necessary 

communications equipment and have had to rely on amateur 

radio enthusiasts for updated reports."

	The New Hampshire office of Emergency Management 

called Rick Force, WB1ASL, who is the ARRL Emergency 

Coordinator for Coos County, for assistance, Force organized 

local amateurs to drive around the area being searched, 

listening for the plane's emergency locator transmitter.

	The *Daily Sun* also credited Force's force with 

gathering information from the CAP search planes and 

relaying it, through an amateur repeater on Mt. Washington, 

NH, to the Office of Emergency Management in Concord.

	Tisseyre's body and downed plane were located on 

Sunday, August 8. On the 11th, the *Coos County Democrat,* 

in an article headlined "Local ham operators helped on the 

search," said 38 amateurs in Maine, Vermont, and New 

Hampshire had checked into Force's repeater net during the 

operation.

	Force told the *Democrat* that "We covered every 

paved road in Coos County with the exception of the 13-Mile 

Woods area, which was covered by the airport. We didn't see 

anything."

	Coos County is the northernmost county in New 

Hampshire, located between Quebec and Maine. (Thanks to ARRL 

New Hampshire Section Manager Alan Shuman, N1FIK). 

	

BRIEFS


	* The 1993 Amateur Satellite Corporation (AMSAT) 

Annual Meeting and Space Symposium will be held October 8-10 

in Arlington, Texas. The hosts, the North Texas AMSAT 

members, plan a full three days of technical talks and 

presentations on both amateur satellites and on the SAREX 

program. For a registration form write to AMSAT, 850 Sligo 

Ave., #600, Silver Spring MD 20910, or call 301-589-6062 

(FAX 301-604-3410). Reservations at the La Quinta Inn may be 

made through 800-531-5900; ask for the special AMSAT rate 

(before September 24).


	* A Manchester, Connecticut man who was caught and 

subsequently found guilty of interfering with public service 

radio communications through the help of a local amateur 

faces charges once again.

	38-year-old John D. Bertrand was charged with four 

counts each of criminal mischief and interfering with police 

and released on bond. In 1990, Bertrand was placed on 

probation after plea-bargaining on two criminal counts of 

interference. Bruce Marcus, WA1NXG, owner of a commercial 2-

way radio company, was credited with the 1990 foxhunt that 

located Bertrand. 

	When police began experiencing interference in April 

of this year, they again called on Marcus, who according to 

newspaper accounts, used a signal-tracking device to trace 

the interference to Bertrand's home.


	* The executive committee of Region 2 of the 

International Amateur Radio Union met August 7-8 in 

Guauaquil, Ecuador, with ARRL Southeastern Division Director 

Frank Butler, W4RH, present as a director of the Region 2 

committee, as well as IARU President Richard Baldwin, W1RU,  

IARU Secretary Larry Price, W4RA, and Fred Laun, K3ZO, 

editor of the Region 2 News, present as observers.

	Items discussed included common license and 

regulatory issues; emergency communications; finances; HF 

band plans, AMSAT, and plans for upcoming IARU conferences.


	* There's still time to register for the 1993 ARRL 

Conference on Digital Communications, September 10 and 11 in 

Tampa. Registration for the conference, sponsored by the 

Tampa Local Area Network, costs $40, and includes 

proceedings of the conference and a catered lunch on 

Saturday.

	Send registrations to TPLAN, 6403 N. Paddock Ave., 

Tampa FL 33614. Information is available from Brian Lantz, 

KO4KS, on the Internet via "brianlantz@delphi.com" and 

reservations at the Holiday Inn Airport (site of the 

conference) can be made at 813-897-4800. Mention the 

conference for a special rate.


	* The Radio Amateurs of Canada have scheduled their 

first national convention for July 29-31, 1994, in Calgary, 

Alberta.

	The RAC has issued a call for papers to be presented 

at the convention's technical symposium.  Topics to be 

considered include HF, VHF, UHF, packet, AMTOR, RTTY, AMSAT, 

and EME.  

	Interested amateurs should submit by October 15 a 

proposal including title, introduction, and abstract.  The 

first draft of papers will be due by March 1, 1994.

	More information is available from G.W. Shand, 

VE6BLI, 55 - 51551 Range Road 212A, Sherwood Park AB  T8B 

1B2.  (FAX) 403-438-4398. 



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