[Ares-races] Paid vs volunteer radio operators

[Rick Hampton]

Thanks to the folks who posted my response to the server while I was locked
out.  I should finally have access to the listserv again, so here goes.

According to William Cross, the gent identified on the FCC website as the
Amateur Radio regulatory contact, an employee may not operate an amateur
radio station on behalf of his employer.  There are no qualifications to the
interpretation that make this arrangement permissible; the FLSA exempt
status, the person being on or off duty, the type or content of the message,
nothing.  If the ham is an employee, he or she may not operate the station.
Period.  My original query and Mr. Cross' reply are below.  I asked a few
follow-up questions about volunteer status, but the outcome did not change.
As Mr. Cross states, "There is no exception in the rule...."

Now for a reality check... if you are handling communications that directly
affects the outcome of a life-threatening situation, I really doubt either
Messrs. Cross or Hollingsworth are going to get too bent out of shape about
it.  Frankly, in my case, I can't think of any scenario where someone would
be handling life-threatening communications for any of my hospitals.  Even if
the radios go out in the ambulances, the paramedics operate with standing
orders.  (At least I did.)

Next, if it really gets to the point where we need to utilize amateur radio,
I and the physicians, nurses, pharmacists, and engineers who are the other
licensed employees, will have far more important work to do.  With all the
other communications systems we have available, amateur radio is the backup
to the backup to the backup and there will soon be yet another layer of
backup.  Right now we have cell phones, internal/external two-way radios, OC3
microwave links, and soon to be added, satellite communications.  (My secret
dream is to convince the hospital execs that the best role for the amateurs
is to operate ALL the comm gear, freeing up even more hospital personnel to
better do their jobs.  That's a looooong way off, though.)

I'm happy to say that as of yesterday I finally have a formal approved policy
to start using the local ARES crew for drills and actual events at one of our
hospitals.  I just hope to God we never get to the point of an actual event
where we have to rely on amateur radio as the ONLY comm system.  As it
stands, the policy says we will contact the local ARES folks when we have a
communications emergency.  It will be those external volunteers who will
operate the amateur radios.  Hospital employees are specifically forbidden to
do so.  If we have time to spare (in an emergency?) we can assist the ARES
folks in capacities that do not involve transmitting.

So, that's where we're at.  In spite of the rather irritating aspect of a
well-intentioned rule, we have amateur radio officially incorporated into our
policy.  Hospital and hospital system employees are prohibited from being the
control operator of, or transmitting with, the amateur radio stations.  Now I
have to shake loose funds so the ARES operators staggering in off the street
have some equipment to work with.  (A significant portion of people traveling
to our Boston facilities, including me, use public transportation and don't
have a way to drag a significant pile of gear with them.)

73,

Rick Hampton, WD8KEL

Here then is my original message and the reply I received.

------------------------------

>>> Hampton, Rickey L. 02/25/03 07:07PM >>>
Mr. Cross,

I work for a group of hospitals in the Boston area as the Wireless
Communications Manager. I am responsible for identifying and implementing
wireless technologies to improve patient care. These include systems such as
802.11b WLANs, paging systems, trunked radio systems, and cellular telephone
systems. I have been asked to establish a relationship with the local amateur

radio clubs in order to use amateur radio in case of a communications
emergency
at the facilities.

I and several other employees are also licensed radio amateurs. The
hospitals,
for reasons of security and rapid response, would like to utilize us to
operate radio stations at the various hospitals under the following
conditions:

1) For brief, periodic, testing of any installed equipment, such as antennas,

transmission lines, and transceivers, if equipment is purchased for use at
the
hospitals, to ensure its operational status and electrical safety;

2) During drills and other training exercises, especially when availability
of
outside help is limited, and;

3) During actual emergency operations, especially during the initial start-up

period while other radio amateurs would be responding to continue the
operation.

Is it permissible under Section 97.113 for myself and other licensed hospital

employees to perform these functions? Are there any other recommendations you

can offer?

Thank you for your time.

Sincerely,

Rick Hampton, WD8KEL
Wireless Communications Manager
Partners HealthCare Systems
One Constitution Center, 2nd Floor
Charlestown, MA 02129

Phone: 617-726-6633
-----------------

Mr. Hampton:

Section 97.113 states that no amateur station shall transmit communications
in
which the station licensee or control operator has a pecuniary interest,
including communications on behalf of an employer.  There is no exception in
the rule for "when availability of outside help is limited" or while other
radio amateurs would be on their way to the hospitals.

If the hospitals are your employer, as compared to you being an employee of
another company that contract to the hospitals, then being the control
operator of a station transmitting any communications on behalf of the
hospitals would violate the rule.  There is no restriction on you
establishing
a relationship with the local amateur radio clubs in order to use amateur
radio in case of a communications emergency at the facilities as establishing

the relationship and coordinating all that needs to be coordinated is not
transmitting messages or being a control operator.  When you are the control
operator of a station transmitting brief, periodic  messages to ensure the
station's operational status and electrical safety, you are transmitting
communications on behalf of an employer.  And that violates the rule.

My recommendation is to have non-employees be control operators of the
station.

William Cross