[Ares-races] RE: ARES-RACES Digest, Vol 14, Issue 3

[Dave Colter]

It's difficult to over-simplify this discussion from the state's point of
view. The state's rules provide for two different relationships - employee
or outside contractor. You are either one or the other, period. 

What does complicate matters somewhat is that our state has regularly paid
any ham who operated on the state's non-Amateur frequencies. That's where
you have to consider the FCC's assessment that operation of on Amateur
frequencies by paid agency staff in the course of their regular duties is
acceptable during an emergency situation. This ruling was made at the
request of some Florida EMTs as I recall. 

Does the ruling apply to EMA "contractor" radio ops who operate both state
radios and Amateur radio? It is part time, on-call work - not a regular
daily job. As one of those persons, I have always taken the approach that if
my primary assignment is to operate government command and control radios, I
can be paid, even if I also use Amateur radio on occasion. If the situation
is reversed, with Amateur ops primary and C&C secondary, I cannot.

I guess the bottom line is that the situation will be slightly different
with each agency, and hams will have to evaluate their relationship and the
law carefully.

73,
Dave Colter WA1ZCN
SEC - NH-ARES


Date: Sat, 23 Jul 2005 23:00:24 -0500
From: "Doug Younker" <dougy at ruraltel.net>
Subject: [Ares-races] RE: RACES - outside contractors
To: <ares-races at mailman.qth.net>
Message-ID: <01fe01c59004$38709b60$0f01a8c0 at oemcomputer>
Content-Type: text/plain;	charset="Windows-1252"

No matter what terms served agencies used to describe ARES/RACES volunteers,
the only time Part 97's restrictions against receiving compensation are
violated is, if/when the volunteers using amateur radio receive
compensation.  But then I'm accused of over simplifying things about as much
I accused of complicating things more than they need be. :) Unless the FCC
has expressed concern over the terminology used, I see no real need to be
concerned myself.--73
Doug, N0LKK


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