[MRIC] RACES 72-hour rule
Pat Scolla
wb0egr at comcast.net
Mon Jul 23 16:04:18 EDT 2007
>
> I agree you are beating a dead horse to death you just need to move on
> thanks
>
>
> William E. Mullikin
> Director
> Talbot County Emergency Management Agency
> 605 Port Street
> Easton, MD 21601
> E-mail: emullikin at talbotcountymd.gov
> Phone: 410 770-8160
> Voice Mail: 410 770-8161
> Cell: 410 829-9010
> Fax: 410 770-8163
> TTY: 410 822-8735
>
> -----Original Message-----
> From: mric-bounces at mailman.qth.net [mailto:mric-bounces at mailman.qth.net]
> On Behalf Of Pat Scolla
> Sent: Monday, July 23, 2007 11:43 AM
> To: mric at mailman.qth.net
> Subject: Re: [MRIC] RACES 72-hour rule
>
> Brett,
>
> I have spoken to both Mr. Cross and Mr. Hollingsworth on the telephone
> in the past about this, and because of the ambiguity in the manner in
> which 97.407 is written, the "official" interpretation is going to be a
> literal one, and not a "spirit of the law" one.
>
> I believe you have chosen to continue to beat a dead horse unnecessarily
>
> for reasons unknown to me because Joe, AJ3X, sent an e-mail out on the
> MRIC reflector on May 11, 2007, in which Mr. Cross agreed that for all
> practical purposes it is up to the Emergency Management Agency
> responsible for a given RACES group. Why you chose not to accept that
> interpretation I do not know.
>
> I can tell you right now that until 97.407 gets changed to reflect what
> is happening in the USA today, Mr. Cross and the rest of the FCC will
> continue to give a literal interpretation of 97.407 because they have to
>
> and because they do not want to get involved in the inner workings of 50
>
> states, a handful of Commonwealths, and an unknown to me number of
> districts and territories.
>
> To briefly go off on a related tangent, in the 36 years that I have been
>
> actively involved in Amateur Radio Public Service Communications
> (meaning ARES, RACES, and non-ARES & non-RACES, etc.) around the United
> States, I have never seen a place like Maryland where there has been
> such a polarization over such a "pain in the rear" rule and a desire by
> so few to be "the one in the hot seat" so to speak over who gets to
> invoke the 72 hour rule.
>
> The first things I learned with respect to ALL Amateur Radio Public
> Service Communications - be it RACES, ARES, SATERN, Red Cross, etc. - is
>
> to check one's ego at the door, to realize that we are there to perform
> a service for a client/requester, and to stay out of jurisdictional
> politics if at all possible in order to maintain one's professionalism.
>
> Frankly, I do not care one way or the other who has the "final
> authority" in Harford County or the State of Maryland when it comes to
> the 72 hour rule. All I know is, when my Emergency Manager calls to
> activate us for a real incident or an exercise, I'll be ready and if he
> asks me to support something in Cecil County, or Kent County, or Talbot
> County, or even at MEMA, the Harford County RACES group will do all it
> can to fulfill that request.
>
> However, I do care who does and who does not have the authority to
> active the RACES group that I "head", and based on everything that I
> have heard from not only my Emergency Manager, but also Warren Campbell
> and Hank Black at MEMA, that authority rests with the Harford County
> Emergency Manager.
>
> So, in order to keep things as simple and as straightforward as
> possible, since my Emergency Manager is responsible for giving life to
> the Harford County RACES Group, and since he is responsible for
> activating the Harford County RACES group, and since he is the one I
> answer to about RACES matters, and since he is the one who can
> "officially chew my ass out" if I screw up, and since I have heard MEMA
> personnel state time and again that "...we are all equals and that no
> one RACES group is over any other RACES group...", I'll continue to
> recognize my Emergency Manager as the one who has the final authority
> with respect to the 72 hour rule, and serve the people of Harford
> County, Maryland, and The United States in the true spirit of Amateur
> Radio Public Service Communications.
>
> So, to end I ask you this. Don't you think more than enough time has
> been spent and wasted on the topic of the 72 hour rule? I certainly
> do. Also I would like to ask you this: Is it so unreasonable for us to
>
> believe that the local Emergency Manager's do have the authority to
> invoke the 72 hour rule when they, or their designated parties, have the
>
> sole authority to activate us in the first place, and the sole authority
>
> "over us" on every other RACES related issue?
>
> 73,
> Pat Scolla, WB0EGR
> Harford County RACES Officer
> Harford County ARES EC
>
>
>
>
>
> BrettHam at aol.com wrote:
>
>> > Pat,
>> >
>> > I forwarded your email to Mr. Cross at the FCC for response, and he
>>
> does not
>
>> > want to reply and enter into a debate. He believes he has made it
>>
> very clear
>
>> > that the local jurisdiction needs to get prior approval from the
>>
> state in
>
>> > order to exceed 1 hour. For example, when I asked him in the email
>>
> below:
>
>> >
>> >
>>
>>>> >>> Suppose, instead, I was conducting a local drill just involving
>>>>
> Talbot
>
>>>> >>> County, but that exceeded 1 hour per week. Would I also need to
>>>>
> get
>
>>>> >>>
>>>>
>> > prior
>> >
>>
>>> >> approval from the state of Maryland?
>>> >>
>>>
>> >
>> > His response below was "Yes...." and then goes on to support his "yes"
>>
>
>
>> > response.
>> >
>> > He also will not address quotes from him taken out of context. And his
>>
>
>
>> > understanding of "state" and "territory" is the same as mine: Maryland
>>
> is a State;
>
>> > Puerto Rico is a Territory (a county is not a territory); Washington
>>
> DC is a
>
>> > District; and Pennsylvania is a Commonwealth. Since we live in a
>>
> state, we
>
>> > must get permission for the appropriate STATE agency responsible for
>> > emergencies (MEMA) to exceed 1 hour. RACES groups operating anywhere
>>
> in Districts,
>
>> > Commonwealths or Territories need to get permission from their
>>
> District,
>
>> > Commonwealth or Territory level agency to exceed 1 hour.
>> >
>> > If you still disagree, I don't know what else to say. I suggest you
>>
> discuss
>
>> > this with your EM and/or his attorney for further clarification.
>> >
>> > Brett Hammond - K3TAL
>> > Chairman, MRIC
>> >
>> >
>> > In a message dated 7/20/2007 11:20:07 A.M. Eastern Daylight Time,
>> > wb0egr at comcast.net writes:
>> > Brett,
>> >
>> > One, this goes against the concept of "home rule" in Maryland whereby
>>
>
>
>> > the counties and emergency management jurisdictions are "independent"
>>
>
>
>> > and do not need state approval to do something such as invoking the
>>
> 72
>
>> > hour RACES rule. In this case, a county would fall under the
>> > "territory" terminology that Mr. Cross uses.
>> >
>> > Two, I refer you back to the May 11, 2007 e-mail from AJ3X where Mr.
>> > Cross states "...Because there can be local, state, regional, tribal,
>>
>
>
>> > etc., RACES organizations, the "however" part of your questions isn't
>>
>
>
>> > addressed by the rules. And we aren't going to get into squabbles like
>>
>
>
>> > "then and only then" about "who has authority" between local and state
>>
>
>
>> > level CDOs or what the organization is."
>> >
>> > So Brett, until Part 97.407 gets updated so that it no longer
>>
> reflects
>
>> > the "cold war era" where emergency management was the red haired step
>>
>
>
>> > child left to the upper levels of government, then we shall have to
>>
> live
>
>> > with the concept that "...whomever gives life to the RACES group,
>>
> also
>
>> > grants them the 72 hour permissions..."
>> >
>> > If MEMA directs Harford County RACES to activate, then they will need
>>
> to
>
>> > ask the Harford County Emergency Manager(s) to activate the RACES
>>
> group
>
>> > within Harford County and explain why because it is the Harford
>>
> County
>
>> > Emergency Management and Civil Government, not MEMA, that allows
>>
> RACES
>
>> > to exist in Harford County.
>> >
>> > Oh, and by all means, Harford County RACES will and does fully
>>
> cooperate
>
>> > with any and all other RACES groups in the surrounding jurisdictions
>> > when there are incidents.
>> >
>> > 73,
>> > Pat Scolla, wb0egr
>> > Harford County RACES Officer
>> >
>> >
>> >
>> > BrettHam at aol.com wrote:
>> >
>>
>>> >> Pat,
>>> >>
>>> >> I believe you are mistaken. In my second email to him, I
>>>
> specifically
>
>>> >>
>>>
>> > asked
>> >
>>
>>> >> if I just held a local Talbot County Drill just involving Talbot
>>>
> County,
>
>>> >>
>>>
>> > do I
>> >
>>
>>> >> need permission from the state to exceed 1 hour, and Mr. Cross
>>>
> responded
>
>>> >> "Yes". He said it doesn't matter the scope of the drill, it is only
>>>
> the
>
>>> >>
>>>
>> > time
>> >
>>
>>> >> that matters. If you exceed 1 hour per week, you need state
>>>
> permission.
>
>>> >>
>>>
>> > He also
>> >
>>
>>> >> specifically said in his first response: "The rule does not allow a
>>>
> local
>
>>> >> jurisdiction's emergency manager to approve drills and tests that
>>>
> exceed
>
>>> >>
>>>
>> > 1 hour
>> >
>>
>>> >> per week."
>>> >>
>>> >> Brett Hammond
>>> >>
>>> >> In a message dated 7/19/2007 10:59:51 P.M. Eastern Daylight Time,
>>> >> wb0egr at comcast.net writes:
>>> >> Brett,
>>> >>
>>> >> To clarify, ONLY in a STATE-RUN Drill, does this apply because the
>>>
> STATE
>
>>> >> is asking Talbot County RACES to activate. In the case of a Talbot
>>>
>
>
>>> >> County ONLY exercise, then the 72 hour exception is granted by the
>>>
>
>
>>> >> Talbot County EM.
>>> >>
>>> >> 73,
>>> >>
>>> >> Pat Scolla, wb0egr
>>> >>
>>> >> BrettHam at aol.com wrote:
>>> >>
>>> >>
>>>
>>>> >>> Maryland RACES Officers:
>>>> >>>
>>>> >>> Please find below the complete exchange between the FCC and I to
>>>>
> clarify
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>>
>>>> >>>
>>>>
>>> >> the
>>> >>
>>> >>
>>>
>>>> >>> debate we had earlier this year at MRIC about whether or not RACES
>>>>
>
>
>>>> >>>
>>>>
>> > drills
>> >
>>
>>>> >>> exceeding one hour require state (MEMA) approval. The short answer
>>>>
> is
>
>>>> >>>
>>>> >>>
>>>>
>>> >> that a
>>> >>
>>> >>
>>>
>>>> >>> drill over 1 hour does requires MEMA approval. Please see details
>>>>
> below
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>>
>>>> >>>
>>>>
>>> >> if you
>>> >>
>>> >>
>>>
>>>> >>> are interested. Feel free to share this with others, but please do
>>>>
> not
>
>>>> >>>
>>>> >>>
>>>>
>>> >> edit
>>> >>
>>> >>
>>>
>>>> >>> it or excerpt parts. Keep the comments in proper context. Thank
>>>>
> you.
>
>>>> >>>
>>>> >>> Brett Hammond
>>>> >>> Chairman, MRIC
>>>> >>>
>>>> >>> --------------------------------------------------------------
>>>> >>> In a message dated 7/19/2007 3:23:01 P.M. Eastern Daylight Time,
>>>>
>
>
>>>> >>> William.Cross at fcc.gov writes:
>>>> >>>
>>>> >>> Yes--the last sentence of the rule allows exceptions, up to twice
>>>>
> a
>
>>>> >>>
>>>>
>> > year
>> >
>>
>>>> >>>
>>>> >>>
>>>>
>>> >> and
>>> >>
>>> >>
>>>
>>>> >>> capped at 72 hours per time, to the hour-per-week rule, when the
>>>>
> chief
>
>>>> >>> officer for emergency planning in the applicable State,
>>>>
> Commonwealth,
>
>>>> >>>
>>>> >>>
>>>>
>>> >> District or
>>> >>
>>> >>
>>>
>>>> >>> territory, approves. The rules does not distinguish between local
>>>>
> drills
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>>
>>>> >>>
>>>>
>>> >> and
>>> >>
>>> >>
>>>
>>>> >>> state, regional, or some other geographic area drills. It
>>>>
> distinguishes
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>> between drills that do not exceed 1 hour per week and those that
>>>>
> do.
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>> -----Original Message-----
>>>> >>> From: brettham at aol.com [mailto:brettham at aol.com]
>>>> >>> Sent: Thursday, July 19, 2007 2:24 PM
>>>> >>> To: William Cross
>>>> >>> Cc: Riley Hollingsworth
>>>> >>> Subject: Re: RACES 72-hour rule
>>>> >>>
>>>> >>> Mr. Cross,
>>>> >>>
>>>> >>> Thank you very much for your prompt response.
>>>> >>>
>>>> >>> Suppose, instead, I was conducting a local drill just involving
>>>>
> Talbot
>
>>>> >>> County, but that exceeded 1 hour per week. Would I also need to
>>>>
> get
>
>>>> >>>
>>>>
>> > prior
>> >
>>
>>>> >>>
>>>> >>>
>>>>
>>> >> approval
>>> >>
>>> >>
>>>
>>>> >>> from the state of Maryland? Sorry if this sounds redundant, but I
>>>>
> want
>
>>>> >>>
>>>>
>> > to
>> >
>>
>>>> >>> make sure there is no confusion. Thank you.
>>>> >>>
>>>> >>> Brett Hammond
>>>> >>>
>>>> >>>
>>>> >>> -----Original Message-----
>>>> >>> From: William Cross <William.Cross at fcc.gov>
>>>> >>> To: BrettHam at aol.com
>>>> >>> Cc: Riley Hollingsworth <Riley.Hollingsworth at fcc.gov>
>>>> >>> Sent: Thu, 19 Jul 2007 11:26 am
>>>> >>> Subject: RE: RACES 72-hour rule
>>>> >>>
>>>> >>> Mr. Hammond:
>>>> >>>
>>>> >>> Riley asked that I respond to your question. The rule that you
>>>>
> are
>
>>>> >>> referring to is Section 97.407(e)(4). It states:
>>>> >>>
>>>> >>> (e) All communications transmitted in RACES must be specifically
>>>> >>>
>>>> >>>
>>>>
>>> >> authorized
>>> >>
>>> >>
>>>
>>>> >>> by the civil defense organization for the area served. Only civil
>>>>
>
>
>>>> >>>
>>>>
>> > defense
>> >
>>
>>>> >>> communications of the following types may be transmitted:
>>>> >>>
>>>> >>> (4) Communications for RACES training drills and tests necessary
>>>>
> to
>
>>>> >>> ensure the establishment and maintenance of orderly and efficient
>>>>
>
>
>>>> >>> operation of the RACES as ordered by the responsible civil
>>>>
> defense
>
>>>> >>> organization served. Such drills and tests may not exceed a total
>>>>
> time
>
>>>> >>> of 1 hour per week. With the approval of the chief officer for
>>>> >>> emergency planning in the applicable State, Commonwealth,
>>>>
> District or
>
>>>> >>> territory, however, such tests and drills may be conducted for a
>>>>
> period
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>> not to exceed 72 hours no more than twice in any calendar year
>>>> >>> (emphasis added.)
>>>> >>>
>>>> >>> The rule allows a lot of flexibility for management of civil
>>>>
> defense
>
>>>> >>> communications at different levels of organization in that it
>>>>
> allows
>
>>>> >>> "the responsible civil defense organization served" which, in
>>>>
> turn,
>
>>>> >>> depends on how civil defense is organized in a particular area, to
>>>>
>
>
>>>> >>> decide what communications RACES stations are authorized to
>>>>
> transmit
>
>>>> >>> for tests and drills not exceeding 1 hour per week. The last
>>>>
> sentence
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>> allows exceptions, up to twice a year and capped at 72 hours per
>>>> >>> time, to the hour-per-week rule, when the chief officer for
>>>>
> emergency
>
>>>> >>> planning in the applicable State, Commonwealth, District or
>>>>
> territory,
>
>>>> >>> approves. Because civil defense was and still is overseen at
>>>>
> the
>
>>>> >>> State, Commonwealth, District or territory level, the
>>>> >>> Commission decided that the chief officer for emergency planning
>>>>
> at
>
>>>> >>> that level should be the one to decide whether exceptions to the
>>>>
> the
>
>>>> >>> hour-per-week rule are appropriate.
>>>> >>>
>>>> >>> In that Talbot County RACES will be participating in the
>>>>
> state-wide
>
>>>> >>> DHMH pandemic drill, the "area served" appears to be the State of
>>>>
>
>
>>>> >>> Maryland and the "responsible civil defense organization for the
>>>>
> area
>
>>>> >>> served" appears to be the DHMH, a state agency, in collaboration
>>>>
> with
>
>>>> >>> the Maryland Emergency Management Association. As written, the
>>>>
> rule
>
>>>> >>> allows only "the chief officer for emergency planning in the
>>>>
> State" to
>
>>>> >>> approve drills and tests in excess of 1 hour per week. The rule
>>>>
> does
>
>>>> >>> not allow a local jurisdiction's emergency manager to approve
>>>>
> drills
>
>>>> >>> and tests that exceed 1 hour per week. Note that in other
>>>>
> paragraphs
>
>>>> >>> of the rule the phrase, "a [or the] civil defense organization"
>>>>
> is
>
>>>> >>> used. This is broader than "State, Commonwealth, District or
>>>> >>> territory" in that it includes local or national civil defense
>>>> >>> organizations, thereby comporting with the definition of RACES in
>>>>
>
>
>>>> >>> Section 97.3(a)(37)-- A radio service using amateur stations for
>>>>
> civil
>
>>>> >>> defense communications during periods of local, regional or
>>>>
> national
>
>>>> >>> civil emergencies (emphasis added.)
>>>> >>>
>>>> >>> William T. Cross
>>>> >>> Mobility Division
>>>> >>> Wireless Telecommunications Bureau
>>>> >>> Federal Communications Commission
>>>> >>>
>>>> >>>
>>>> >>>
>>>> >>>
>>>>
>>> >>
>>> >>
>>>
>> >
>>
> ------------------------------------------------------------------------
> ------
>
>> >
>>
>>> >>
>>> >>
>>>
>>>> >>> --------
>>>> >>> From: BrettHam at aol.com [mailto:BrettHam at aol.com]
>>>> >>> Sent: Thursday, July 19, 2007 9:53 AM
>>>> >>> To: Riley Hollingsworth
>>>> >>> Cc: William Cross
>>>> >>> Subject: RACES 72-hour rule
>>>> >>>
>>>> >>> Hello Riley,
>>>> >>>
>>>> >>> Let me introduce myself: I have a commercial radio license
>>>>
> (GROL) and
>
>>>> >>> professionally maintain public safety radio systems in Maryland.
>>>>
> I am
>
>>>> >>> also an Amateur Extra and volunteer as RACES Officer for Talbot
>>>>
> County
>
>>>> >>> for the past 5 years. I got into amateur and commercial radio
>>>>
> because
>
>>>> >>> of my desire to get involved in emergency communications after
>>>>
> 9/11.
>
>>>> >>> Prior to that I was a telecommunications software engineer.
>>>> >>>
>>>> >>> Early this year, the Maryland Emergency Management Association
>>>>
> created
>
>>>> >>> a new subcommittee called the Maryland RACES Interoperability
>>>>
> Committee
>
>>>> >>> (MRIC), and I was appointed Chairman. It consists of all the RACES
>>>>
>
>
>>>> >>> Officers in the state and so far this year we have unanimously
>>>>
> agreed
>
>>>> >>> on a standard message form for communicating across jurisdictions
>>>>
>
>
>>>> >>> (ICS-213), coordinated all our RACES frequencies, and compiled
>>>>
> contact
>
>>>> >>> information for RACES Officers state-wide. We are currently
>>>>
> working on,
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>> and expect to have completed a state-wide HF RACES net by
>>>>
> November (as
>
>>>> >>> a backup to repeaters on towers) and will start work on a
>>>>
> state-wide
>
>>>> >>> digital network then.
>>>> >>>
>>>> >>> Talbot County RACES will be participating in the state-wide DHMH
>>>> >>> pandemic drill in two weeks, and will exceed the 1 hour per week
>>>> >>> exercise rule. It is my understanding from the FCC rules that we
>>>>
> can
>
>>>> >>> exceed 1 hour, two times per year, up to 72 hours each time. I
>>>>
> applied
>
>>>> >>> for, and was granted permission from MEMA to exceed 1 hour for the
>>>>
>
>
>>>> >>> Eastern Shore Evacuation exercise a few months ago, and was going
>>>>
> to
>
>>>> >>> request permission for the Pandemic drill as well, but there was
>>>>
> some
>
>>>> >>> discussion from MRIC members that permission from the local
>>>> >>> jurisdiction's emergency manager is all that is required (i.e. we
>>>>
> do
>
>>>> >>> not need permission from MEMA). Again, my understanding is that
>>>>
> the
>
>>>> >>> state, territory, commonwealth, etc, must give permission. Can
>>>>
> you
>
>>>> >>> please clarify this for us?
>>>> >>>
>>>> >>> I will forward this email and your response to all Maryland RACES
>>>>
>
>
>>>> >>> Officers so we are all on the same page. Also please tell us about
>>>>
> your
>
>>>> >>>
>>>>
>> >
>> >
>>
>>>> >>> responsibilities at the FCC so everyone understands your
>>>>
> authority.
>
>>>> >>>
>>>> >>> Thank you very much for your time. I know you are a busy man, but
>>>>
> your
>
>>>> >>> guidance here would help us greatly.
>>>> >>>
>>>> >>> Brett Hammond - K3TAL
>>>> >>> Talbot County RACES Officer
>>>> >>> Chairman, MRIC
>>>> >>> 410-829-6749 (cell)
>>>> >>> _brettham at aol.com_ (mailto:brettham at aol.com)
>>>> >>>
>>>> >>>
>>>>
>> >
>> >
>> >
>> >
>> > ************************************** Get a sneak peek of the all-new
>>
> AOL at
>
>> > http://discover.aol.com/memed/aolcom30tour
>> > ______________________________________________________________
>> > This email list is for the use of RACES Officers and Emergency
>>
> Managers. Only email related to the Maryland RACES Interoperabilty
> Committee (MRIC) of the Maryland Emergency Management Association should
> be sent to this email reflector list. All emails must be in plain text
> format (no HTML).
>
>> > MRIC mailing list
>> > Home: http://mailman.qth.net/mailman/listinfo/mric
>> > Help: http://mailman.qth.net/mmmain.htm
>> > Post: mailto:MRIC at mailman.qth.net
>> >
>> >
>> >
>>
>
> ______________________________________________________________
> This email list is for the use of RACES Officers and Emergency Managers.
> Only email related to the Maryland RACES Interoperabilty Committee
> (MRIC) of the Maryland Emergency Management Association should be sent
> to this email reflector list. All emails must be in plain text format
> (no HTML).
> MRIC mailing list
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