[CALV-AUXCOMM] Fwd: US THIRD-PARTY MESSAGES RULES NOW ARE ENFORCED BY CMS

[Shawn Donley]

Jim,

Yes, the Winlink email is a bit confusing.

Perhaps this explanation will help. If an amateur radio station handles a message from a "third party," meaning not from himself or the amateur radio operator he's in contact with in a foreign country, then this is only permitted if the US and that country has established a "third party" operating agreement. See the list of countries at http://www.arrl.org/third-party-operating-agreements


So for example say someone (non ham) asks me to send a Winlink message to a station in Costa Rica.  That's OK.  But if the message was going to an amateur radio station in Vietnam (not on the 3rd party list) that would be prohibited.


Now the confusing part (to me at least) is if the "other" amateur radio station IS on the 3rd party list but it's a gateway and you're sending a message directed to an internet email address that's in a country NOT on the 3rd party list.  I interpret this as OK because both stations have a 3rd party agreement.  As far as I can interpret the 3rd party stuff, it deals just with the amateur radio station at both ends of the contact, not the nationality or origin of the 3rd party message itself.


I bet they come out with more details soon.


In any case, should be no issue for exchanging messages to other US amateurs with 3rd party messages from US non-hams.


Shawn



> On July 21, 2019 at 10:16 AM James Tetlow <k3uga at comcast.net mailto:k3uga at comcast.net > wrote:
> 
> 
>     Got this today, I am confused and will have to re-read probably several times to understand.
>     But It may mean you can not exchange email with a non licensed email address. Not totaly sure, maybe thats why I never got the 214 form from Bill sent to my email address?
> 
>     Sent from my iPad,
>     Best Regards,
>     Jim Tetlow
> 
>     Begin forwarded message:
> 
>         > > From: W3QA at winlink.org mailto:W3QA at winlink.org
> >         Date: July 20, 2019 at 6:18:09 PM EDT
> >         To: K3ARS at winlink.org mailto:K3ARS at winlink.org , trustee at k3ars.org mailto:trustee at k3ars.org , K3BAB at winlink.org mailto:K3BAB at winlink.org , euntermeyerbbaskett at gmail.com mailto:euntermeyerbbaskett at gmail.com , K3BAK at winlink.org mailto:K3BAK at winlink.org , k3bak at arrl.net mailto:k3bak at arrl.net , K3BE at winlink.org mailto:K3BE at winlink.org , K3BH at winlink.org mailto:K3BH at winlink.org , k3bh at arrl.net mailto:k3bh at arrl.net , K3BRT at winlink.org mailto:K3BRT at winlink.org , K3CAL at winlink.org mailto:K3CAL at winlink.org , k3uga at comcast.net mailto:k3uga at comcast.net , K3CKA at winlink.org mailto:K3CKA at winlink.org , kj3xjohn at gmail.com mailto:kj3xjohn at gmail.com , K3CRG at winlink.org mailto:K3CRG at winlink.org , kc3kkn at gmail.com mailto:kc3kkn at gmail.com , K3CSF at winlink.org mailto:K3CSF at winlink.org , k3csf.arc at gmail.com mailto:k3csf.arc at gmail.com , K3CSX at winlink.org mailto:K3CSX at winlink.org , k3csx at qsl.net mailto:k3csx at qsl.net
> >         Subject: US THIRD-PARTY MESSAGES RULES NOW ARE ENFORCED BY CMS
> >         Reply-To: W3QA at winlink.org mailto:W3QA at winlink.org
> > 
> >         All,
> > 
> >         If you are a US-licensed station that routinely connects to a foreign gateway, or a non-US-licensed station that connects with a US gateway, you may be affected by new CMS behavior. The Winlink CMS now will enforce US Third-Party Message rules.
> > 
> >         Because Winlink is being severely criticized for allowing US client and gateway operators to violate US amateur radio third-party traffic rules, we are today starting to test automatic enforcement of these rules. Part 97.3(47), 97.115 and 97.117 apply.
> > 
> >         If you attempt to send or receive a third-party message between a US-licensed station and another station the US does not have a third-party communication agreement with, you may receive a service message saying the message will violate the applcable rules and that the message is refused (if you're sending) or being held at the CMS (if you are receiving). Alternative means to successfully send or receive the message will be explained. The US has treaties with most countries in the North and South America, but not most European, Asian and Pacific countries.
> > 
> >         If you are a US-licensee, you should have no trouble sending and receiving to/from internet addresses if you connect with another US-licensed gateway, or one licensed in Central or South America — as long as the US has a third-party agreement with the licensing country.
> > 
> >         If you are a non-US licensee, you should have no trouble sending and receiving to/from internet addresses if you connect to non-US licensed gateways.
> > 
> >         We wish this was not necessary, but we have relied on US client and gateway operators to know the rules and obey them—and most have ignored them, unfortunately for all of us. In order to clean up the violations we are taking these measures to keep US Winlink operators legal. All licensees have an obligation to study, know, and obey the Amateur Radio Rules.
> > 
> >         New monitoring and enforcement measures are coming into play with the establishment of a new Volunteer Monitor Program, now being set up by the ARRL at the request of the US FCC. We're doing this to make it easier for US operators to avoid loosing their licenses!
> > 
> >         We will be tweaking the behavior of this new mechanism to make it as friendly and informative as it can be. Please bear with us as we make changes.
> > 
> >         Thanks and 73,
> > 
> >         Lor W3QA
> >         Winlink Development Team
> > 
> >         =====
> >         This message was sent from an amateur radio account. If you reply, be mindful that your reply will be subject to inspection by the public. If your reply contains prohibited content (profanity, personal or commercial business information, etc.) it may not reach its destination, and will endanger your correspondent's license. Ask your correspondent if you have any questions.
> > 
> >     > ______________________________________________________________
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