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. *eof