Fw: [Ares-races] Avon Products Foundation AKA Pallotta Teamworks

[David French, N7FAN]

Oops.  My original response went to the wrong person...which is probably
better than it going out to the group in general.  I say this because I was
100% WRONG!

Here is what the ARRL's Special Events Communication Manual has to say about
these types of things:


"Is It Legal?"

Yes!

Thanks to the FCC Rules that took effect in September, 1993, it is now
perfectly clear that it is legal for radio amateurs to provide
public-service communications.

Why were new rules needed? FCC licensees, amateur or otherwise, are supposed
to serve "the public interest, convenience, and necessity." In Section 97.1
of the Commission's Rules, the basis and purpose of the Amateur Radio
Service is spelled out quite clearly. Surely, public service and educational
activities are to be actively encouraged; how could there be any question
about their being legal?

To make a long story short, around 1970 there were concerns about possible
abuses of Amateur Radio by non-amateur and business interests. These
concerns led to a ban on amateur communications "to facilitate the business
or commercial affairs of any party" or "as an alternative to other
authorized radio services." Over time, the interpretations of these rules
became progressively more literal until they had a chilling effect even on
meritorious public service activities. By 1991, it was obvious that
something had to be done to put things back on track.

On September 13, 1993, following a rulemaking proceeding, the old "no
business" language was dropped, and replaced with a prohibition on
communications for compensation, on be-half of one's employer, or in which
the amateur has a pecuniary interest [97.1 13(a)(2),(3)]. In place of the
flat prohibition on providing an alternative to other radio services is a
less restrictive one, against doing so on a regular basis (97.113(a)(5)].

These rules changes mean a lot to public service-oriented amateurs. They
remove the ambiguities that have plagued amateur public-service
communications for the past two decades, and have generated endless
hair-splitting discussions about whether particular communications were
permitted. The focus is no longer on the content of the communication;
rather, it is on whether the amateur, or his or her employer, stands to
benefit financially [97.113(a)(2),(3)]. If so, then the communication is
still prohibited. If not, then the remaining question is whether the
communications need is one that ought to be met by some other radio service.
Here, the rule of reason applies. A need that arises on a regular basis, and
for which other communications services are reasonably available, should not
be met by Amateur Radio. The FCC declined to define "regular," but this
shouldn't pose much of a problem for us since abuses will tend to be
self-limiting; volunteers don't like being taken advantage of, and if they
are they should just say no.

The Commission doesn't want to hear questions about whether such-and-such is
permitted. The Report and Order says, in part, that "...any
amateur-to-amateur communication is permitted unless specifically
prohibited, or unless transmitted for compensation, or unless done for the
pecuniary benefit of the station control operator or his or her employer"
[97.113(a)(1)].

The rules do not represent a philosophical departure from our "roots." They
provide latitude in our operating and especially in our public-service
communications, just as we had for decades before the onset of
over-regulation in the early '70s. Seldom do we get to herald a return to
the "good old days." This is one of those rare times.

Is it legal to use "tactical" call signs when engaged in public-service
communications? Yes. Amateurs may use such "tactical" call signs as "Unit
One" or "Checkpoint Charlie" to promote efficiency and coordination in
public-service communication activities. For example, during a running race,
names like "finish line, " "Mile 1," Mile 2," "First Aid 1," and
"watertruck" quickly identify each function and eliminate confusion when
working with other agencies, such as a fire department, where amateur call
signs are meaningless.

However, these types of identifiers are not substitutes for station call
signs when fulfilling the identification requirements of the FCC Rules.
Amateurs must always identify their station's operation with its
FCC-assigned call sign.

Amateurs may also append special suffixes to their call signs, to aid in
identification needs connected with the public event. The rules say, "An
indicator may be included with the call sign. It must be separated from the
call sign by a slant mark or by any suitable word that denotes the slant
mark. If the indicator is self-assigned, it must be included after the call
sign and must not conflict with any other indicator specified by the FCC
Rules or with any pre-fix assigned to another country." [Section 97.119(c)].