[ARRL-OK] Pecuniary Interest

[Lloyd Colston]

Below is a copy of a press release from the FCC #DA 09-2259 stating
the local governments must request a waiver for paid staff to
participate in non-emergency radio communications on behalf of their
employer.

To request request a waiver, according to FCC, the Commission
representative to whom I spoke does not know HOW to file the waiver.
The nice employee is writing it up to determine the process.  Since we
don't KNOW that important step, perhaps we are no better off than we
were before the document was issued.  My case number for this is 126
0738.

Another unanswered question would be how long should the jurisdiction
submit the request?  In other words, how long is the wait expected to
be.  I know the drills I plan are weeks and months before hand.

However, what about the new hire that comes on duty after the waiver
request but before the waiver is granted (since we don't know how long
this process might be)?  Will there be a method to get a quick answer?
 If the new hire replaces someone for whom the waiver would have been
submitted is a new waiver submission required?


>From the FCC:

Transmissions by amateur stations participating in government disaster
drills must comply with all applicable amateur service rules. While
the value of the amateur service to the public as a voluntary
noncommercial communications service, particularly with respect to
providing emergency communications, is one of the underlying
principles of the amateur service,

1 the amateur service is not an emergency radio service. Rather, it is
a voluntary, non-commercial communication service authorized for the
purpose of self-training, intercommunication and technical
investigations carried out by licensed persons interested in radio
technique solely with a personal aim and without pecuniary interest.

2 State and local government public safety agencies occasionally
conduct emergency preparedness or disaster drills that include amateur
operations. Some entities, such as hospitals, emergency operations
centers, and police, fire, and emergency medical service stations,
have expressed interest in having their employees who are amateur
station operators participate in these drills by transmitting messages
on the entity’s behalf. The Commission’s Rules, however, specifically
prohibit amateur stations from transmitting communications “in which
the station licensee or control operator has a pecuniary interest,
including communications on behalf of an employer.”

3 Given the public interest in facilitating government-sponsored
emergency preparedness and disaster drills, we take this opportunity
to provide a clear process for requesting a waiver, and the
information that we require in order to consider granting such a
request.

4  Waiver requests should be submitted to the Wireless
Telecommunications Bureau by the government entity conducting the
drill, and must provide the following information: (1) when and where
the drill will take place; (2) identification of the amateur licensees
expected to transmit amateur communications on behalf of their
employers; (3) identification of the employers on whose behalf they
will be transmitting; and (4) a brief description of the drill. We
emphasize that the filing of a waiver request does not excuse
compliance with the rules while that request is pending. The waiver
must be requested prior to the drill, and employees may not transmit
amateur communications on their employer’s behalf unless the waiver
request has been granted.

In an actual emergency, the Commission’s Rules provide that an amateur
station may use any means of radiocommunication at its disposal to
provide essential communication needs in connection with the immediate
safety of human life and the immediate protection of property when
normal communication systems are not available.

5 In those circumstances, rule waiver is not necessary.

For further information regarding matters discussed in this Public
Notice, contact William T.
Cross of the Wireless Telecommunications Bureau, Mobility Division, at
(202) 418-0680,
William.Cross at fcc.gov.
By the Chief, Wireless Telecommunications Bureau; Chief, Public Safety
and Homeland Security
Bureau; and Chief, Enforcement Bureau.

1 See 47 C.F.R. § 97.1(a). See also Recommendations of the Independent
Panel Reviewing the Impact of Hurricane Katrina on Communications
Networks, Order, EB Docket No. 06-119; WC Docket No. 06-63, 22 FCC Rcd
10541, 10576 ¶ 111 (2007) (noting that the amateur radio community
played an important role in the aftermath of Hurricane
Katrina and other disasters).
2 See 47 C.F.R. § 97.3(a)(4).
3 See 47 C.F.R. § 97.113(a)(3) (emphasis added).
4 See 47 C.F.R. § 1.925.
5 See 47 C.F.R. § 97.403. See also Amendment of Part 97 of the
Commission’s Rules Governing the Amateur Radio
Services, Report and Order, WT Docket No. 04-140, 21 FCC 11643, 11667
¶ 52 (2006) (clarifying that amateur
radio operators who are emergency personnel may use their amateur
radio stations while in paid duty status, but not
addressing the prohibition against transmitting messages on behalf of
an employer).