[Ares-races] Is receiving event freebies OK?

[Jerry Reimer]

The Amateur Radio service is a voluntary non-commercial radio service, but 
this does not imply any obligation to support fund raising events.  Those 
licensed in this service are prohibited from providing communications for 
hire or material compensation, direct or indirect, paid or promised, except 
as provided in the rules (Part 97,

§97.113 Prohibited transmissions (a)(2).

When providing communications at public events, either for a non-profit or 
a for-profit organization, we are operating within the rules when our role 
is providing for the safety of the public, because other communications 
means are not available or are inadequate.  If our presence there is solely 
to increase the fund raising yield from the event, by the organizers not 
having to lease commercial communications systems, we may be operating 
outside of the rules.  Who is being served, the public and participants, or 
the fund raising event organizers is a good question to ask yourself.

The provision of food and drink, if freely available to all participants 
and staff, can be considered as a health matter, preventing hypoglycemia 
and dehydration.

For additional information, see Chapter Six, "Is It Legal?" in the ARRL 
Special Events Communications Manual.

Jerry
KK5CA



At 08:29 PM 5/18/2004, kd5czm1 at iwon.com wrote:

>A hallmark of the Amateur Radio Service is that we provide comms at no 
>cost to served agencies and non-profit organizations.  That's the law.
>
>I have seen on at least 3 occasions where deployed ARES operators were 
>given T-shirts by the event coordinators (bike-a-thon, marathon, parade). 
>To the best of my knowledge, these shirts were freely given, not 
>solicited("Wa'al, it'll cost ya' one of those fancy tee-shirts for me to 
>play radio here."--HI).
>
>While set up at the first aid tent, the helpful marathon nurses always 
>come up to me with a slice of pizza or some Gatorade.
>They're just being appreciative if not outright flirtatious.
>
>I don't want to be rude and refuse--that's puts a bad image of us as 
>cold-shouldered drones. On the other hand, an agency head looking on and 
>considering ARES for his/her needs, may get the impression of us operators 
>as freeloaders.
>
>Is a slice of pizza compensation under the law or incidental to the ARES 
>operation?  I am of the opinion that if we say upfront what it will cost 
>to operate, we're asking for compensation. If it so happens that we are 
>the happenstance recipients of leftover tees or someone else's kindness 
>then the compensation issue has not been broached.
>
>Joe Guerra KD5CZM ARES EC Kleberg County TX