[PPRAANet] Fwd: [DLARCforum] Fwd: US THIRD-PARTY MESSAGES RULES NOW ARE ENFORCED BY CMS

Mon Jul 22 12:09:43 EDT 2019

All,

As one of only two Winlink HF gateways for hundreds of miles, I have been tracking this issue for a while.  I have had three other countries make use of my HF gateway.  For the vast majority of Winlink users in the US, this is not a big concern. It is something that us HF gateway operators, DXpeditioners, and international sailors have to be very aware of.

Notices went out on 20 July to all Winlink gateways and I believe to all Winlink operators as well. It has also been the subject of some discussion on the Winlink forums.

In the past, the Winlink team has relied on the individuals to adhere to FCC 3rd party traffic rules. Because some operators were not, the Winlink team is now trying to enforce the rules by software (CMS). Winlink has been the focus of a lot of scrutiny in briefings filed with the FCC and so they are doing everything they can to ensure that there is no doubt that they are 100% compliant in everything they do. If they don't, there is a chance that Winlink could be shut down and even prohibited, and that could lead to other popular systems being prohibited.

For those not up to speed on 3rd party rules, here they are in a nut shell. As a licensed ham radio operator, you are allowed to make operator to operator contact with a licensed amateur radio operator in any non-prohibited country. Currently there are no prohibited countries. In this case you would be the 1st party and the person you are talking to is the 2nd party. If either of you pass a message for anyone other than the two of you, that becomes 3rd party traffic.

An example: I go down to Great Sand Dunes and set up down there. I use Winlink to connect to the K7DAV Winlink gateway near Ogden, Utah. I am the 1st party and K7DAV is the 2nd party. If I use this system to send an email to my spousal unit letting her know how things are going, then she is the 3rd party.

Currently, the FCC only allows 3rd party traffic to be passed by stations in countries with whom the US has a 3rd party agreement. There are a lot of countries that have no 3rd party agreements with the US. Countries such as Germany, New Zealand, and Japan.  Other countries like Canada, Mexico, Australia, and Turkey do have 3rd party agreements with the US.

Keep in mind, it does not matter what country the 3rd party is in, it matters what countries the 1st and 2nd parties are in.

NOTE: This is exactly the same for NTS or RRI message traffic, relays, etc., not just Winlink.

Bottom line, unless you are an HF gateway operator, routinely make international HF contacts for message handling, or are traveling internationally, you probably won't have to worry about this.

If you want more information, I recommend https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service/international-arrangements

John Bloodgood, KD0SFY
Emergency Coordinator & Public Information Officer
Region 2 District 2, Colorado ARES (Pikes Peak ARES)
Follow Pikes Peak ARES at:
https://www.facebook.com/PikesPeakARES

https://twitter.com/pikespeakARES

________________________________
From: ppraanet-bounces at mailman.qth.net <ppraanet-bounces at mailman.qth.net> on behalf of Glenn <n3ulw at comcast.net>
Sent: Sunday, July 21, 2019 12:57 PM
To: ***Reflector PPRAA*** <ppraanet at mailman.qth.net>
Subject: [PPRAANet] Fwd: [DLARCforum] Fwd: US THIRD-PARTY MESSAGES RULES NOW ARE ENFORCED BY CMS

I know that our ARES is trying/ starting to use winlink just a heads up.
I don't think any of our

users are using it outside of the ARES situation but again but....

Glenn n3ulw

-------- Forwarded Message --------
Subject:         [DLARCforum] Fwd: US THIRD-PARTY MESSAGES RULES NOW ARE
ENFORCED BY CMS
Date:    Sat, 20 Jul 2019 19:38:19 -0400
From:    Lester Morrow / W3LES <lesterf52 at gmail.com>
To:      DLARCforum at mailman.qth.net

FYI for those who use this mode.
w3les

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 applicable 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.

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