[TxHam] West Gulf Division update

Fri Jun 1 09:51:58 EDT 2007

IN THIS ISSUE

	W5DXCC DX Dinner
	Central States VHF Society Conference
	80th Texas Legislative Session

WEST GULF CONVENTION - HAMCOM2007 - W5DXCC DX DINNER

Fellow DXers:

June 1 is the deadline for tickets for the
star-studded, door-prize
filled Lone Star DX Association W5DXCC DX dinner at
Ham Com 2007. There
will be lots of $$$$ door prizes including a number
for YLs and XYL's
only. Tickets are $36 each.

If you would please put a message on your local club
online
newsletters/reflectors about the deadline.  Tickets
can be ordered
through the Ham Com website at http://www.hamcom.org

There are no plans to sell tickets at the door since
the Southfork
Hotel has to know how many to prepare for.

Current ticket orders stand at about 145, which is
more than last year,
but we will have room for up to 225.

Dr. Glenn Johnson W0SJ of the recent VU7 Dxpedition
will be the dinner
speaker.

Online ticket sales have passed the 900 mark and will
probably reach
1,000 before registration closes.  The total so far is
nearly twice,
I'm told, the number of online tickets sold last year.

Tom, WW5L
LSDXA  VP and Information Director

CENTRAL STATES VHF CONFERENCE

WANT TO TRY SOMETHING DIFFERENT AND EXCITING IN HAM
RADIO?
Would you believe you can work regularly over
distances of 200+ miles
on 2 meters?

You can, without going through any repeaters, by using
SSB and other
narrowband weak signal modes (FM is a wideband, strong
signal mode).

Come to San Antonio this July and find out how you can
join the fun on
the VHF and higher bands. 

The Central States VHF Society (CSVHFS) has been
devoted to operation
on the bands above 50 MHz since 1965.  The 41st annual
CSVHFS
conference is being held in the Alamo City this July. 
Details can be
found at http://www.csvhfs.org/conference/.  These
conferences are held
every year somewhere around the U.S. or in nearby
Canada; it hasn't
been held in Texas in 6 years and not in south Texas
since 1992.  Not
only will this year's meeting be in south Texas, but
something new is
being added, and that's for hams who might have heard
a little about
narrowband operations on the VHF and higher bands and
are possibly
considered trying it, but just haven't done it yet.

All CSVHF meetings feature talks on various aspects of
VHF, UHF and
microwave operation and offer a range to test the gain
of antennas as
well as equipment to measure performance of low noise
preamplifiers
and, this year, passive devices such as filters, dummy
loads. etc.

THIS year something new is being added, and it's
especially geared to
those who might be interested in trying the VHF, UHF
and microwave
bands.

It's a special session to be held Saturday July 28
from 
8: 00 AM until 4:00 PM, called "Getting Started in
Weak Signal VHF/UHF
Amateur Radio".  Fellow hams, who have been on the
bands above 50 MHz
for years, will outline the equipment needed (some of
which many hams
already have in their shacks), what can be expected
from various types
of stations and most of all, the thrill to be had
covering distances
thought only workable on the HF bands.  There will
even be instruction
and material available for attendees to build a simple
Yagi antenna
that can be taken home and put to work.

We hope to see a lot of hams who haven't yet ventured
into the bands
about 50 MHz, except perhaps on FM, in San Antonio
July 28.  We'll be
looking for them on 2 meters and other of the VHF/UHF
bands before
long.

For information about CSVHFS conference registration,
please go to
http://www.csvhfs.org/conference/registration.html

Submitted by Paul Goble, ND2X/5

WEST GULF DIVISION POLITICAL ACTION NETWORK
REPORT ON THE 80TH TEXAS LEGISLATIVE SESSION      

      It is said that if you can walk away from a
session of the Texas
legislature with what you brought to the table, you
are a winner. 
Well, at this session amateur radio was a winner and
better yet, there
were no losers.

      Many of us within the ARRL have argued
strenuously for years that
the ARRL should - if it was to protect amateur radio -
form effective
and organized member groups to monitor and represent
the interests of
amateur radio at the local, state and federal
legislative level. As a
result of those efforts the ARRL's West Gulf Division
Legislative
Action Group was in place when the Texas Legislature
roared into
Austin.

Bad Bills Arisin'

      At the start of the 80th Legislative Session,
things looked bleak
for amateur radio because four bills were filed; 3
House bills and 1
Senate bill, that would have prohibited or
criminalized the use of
either vehicular mounted or handheld mobile amateur
radios.  

Houston, we have a problem!

      To meet the threat, Coy Day, West Gulf Director,
tasked me to
activate the West Gulf Political Action Group. I
solicited volunteers
and three came forward. They are Glen Reid, K5FX; Lee
Cooper, W5LHC;
and John Stratton, KE5ISX.  All are professional,
motivated,
politically savvy and live in the Austin area. They
were exactly what
the ARRL needed, "Boots on the ground".  Once
organized, I immediately
integrated the newly formed Austin Group with the
activities of Jim
Robinson, K5PNV, STX SGL.  

      On the surface, three of the bills, Senate Bill
154 by Sen.
Wentworth, House Bill 201 by Rep. Menendez and House
Bill 3689 by Rep.
Coleman, appeared to be directed at prohibiting the
use of cellular
telephones by motorists unless used with a
"hands-free" device. A close
reading of the bills revealed they were not so benign
or so limited.

      The key language of the three bills was
identical. Although it
appeared the bills were only directed at cell phone
and text messaging
device users, the bills were worded to prohibit the
use of a "wireless
communication device" unless used with a "hands-free"
device. The
problem lies with the fact that a "Wireless
communication device" was
not defined by the bills or by existing federal or
state law. As
written, SB 154, HB 201 and HB 3689 would have
actually prohibited or
criminalized, not only the use of mobile amateur
radio, but commercial
mobile radios, vehicular GPS navigation devices,
vehicular AM/FM
radios, on-board automobile computer control systems
and a host of
other radio devices.

      House Bill 652 by Rep. Quintanilla was
different. By clear
language it criminalized the use of any mobile radio -
whether
installed or handheld. This bill was so over the top
in what it
prohibited - talking to a passenger, consuming food or
a beverage,
performing personal grooming (combing one's hair and
scratching were
finally becoming crimes), listening to an installed
AM/FM radio or CD
player, listening to an iPod (installed or not) - that
the Texas
Legislative Action Group believed it would never make
it out of the
House Transportation Committee for a floor vote.
Consequently, HB 652
was watched, but all efforts were concentrated on SB
154, HB 201 and HB
3689.

      Due to Sen. Wentworth's seniority and position
on the powerful
Senate Transportation & Homeland Security Committee,
it was believed SB
154 would be the lead bill and initial efforts were
focused on Sen.
Wentworth.

      In early February, STX SGL Jim Robinson (K5PNV)
contacted Sen.
Wentworth's office. Based on representations made by
Sen. Wentworth,
Jim Robinson reported to Ray Taylor (N5NAV), STX SM,
and me that he had
taken care of the issue as Sen. Wentworth had agreed
to exempt amateur
radio from application of SB 154.

He Was Against Us - Before He Was For Us - Before He
Was Against Us

      Well, that understanding did not last long.
Contacts in the
following weeks with Sen. Wentworth's office by
multiple hams
attempting to explain the overly broad language of the
bill prohibited
the use of all vehicular amateur and commercial radios
produced
inconsistent responses from his office. I traveled to
Austin
mid-February and visited with Senator Wentworth's
Chief of Staff.  He
confirmed to me that the Senator, contrary to any
prior
representations, refused to exempt amateur radio,
saying Sen. Wentworth
believed everyone ought to drive with two hands on the
wheel. Sen.
Wentworth made it clear he intended SB 154 to prohibit
the use of
handheld or vehicular-mounted two-way radios.

      While others and I were initially attempting to
work with Sen.
Wentworth in late February and early March, John
Robert Stratton
(KE5ISX) began working with Rep. Menendez's office on
HB 201. In
contrast to Sen. Wentworth, Rep. Menendez emphatically
said it was not
his intent to prohibit the use of mobile amateur
radio. His office
argued HB 201 did not adversely affect amateur radio
because a
vehicular mounted radio was not a "wireless
communication device" -
because it was wired into the vehicle. This erroneous
belief arose
partially from advice given to Menendez (and Wentworth
we were to learn
later) by the attorneys at Texas Legislative Council
who actually
drafted HB 201, HB 3689 and SB 154.

      After John Stratton provided a thorough
explanation of how radio
works and what "wireless" really meant, Menendez's
Chief of Staff
recognized the bill had unintended consequences, but
was reluctant to
agree to any changes unless those changes were
recommended by the Texas
Legislative Council.

      In an attempt to reassure Menendez and ensure HB
201 would not
hurt amateur radio, John Stratton redrafted HB 201 to
clearly limit its
application to the intended targets and exclude
amateur radio both by
definition and specific exemption. After receipt of
the draft, Menendez
was still unwilling to alter HB 201. However, at
John's request
Menendez agreed to meet with him and other concerned
hams on March 22.

      Since Wentworth was proving intractable, I
mobilized groups of
hams in San Antonio (Wentworth's home and largest
group of voters) and
in Austin to meet with the Senator in an attempt to
drive home the
importance of protecting amateur radio's ability to
remain a key
component of emergency communications at the local,
state and federal
level. I also alerted the Houston group during its Ham
Fest to be
prepared for a mass mail effort.

      In addition, John and other hams contacted other
groups,
including taxi drivers, GPS manufacturers and
commercial radio users,
persuading them to contact Menendez and Wentworth to
complain of the
harm caused by HB 201 and SB 154.

Good Bill Arisin'

	March 7, 2007 saw the filing of SB 11, the lead
homeland security bill
for this Session. Authored by Sen. Carona, Chairman of
the powerful
Senate Transportation and Homeland Security Committee,
the bill
contained two key amateur radio friendly provisions:
Article 2 and
Article 5.

	Article 2 added S661.919 to the Government Code to
extend the benefits
of the Ready Texan Act, originally passed in 1999 by
the 76th
Legislature, to all state employees. The Ready Texan
Act permitted up
to 350 state employees at one time who were certified
American Red
Cross volunteers, to be granted leave for up to 10
days each, to
participate in a declared emergency without loss of
salary or benefits.
But, it was limited only to Red Cross volunteers.

	The new S661.919 grants to licensed amateur radio
operators the same
privileges and protections originally granted to only
Red Cross
volunteers. Now up to 350 amateur radio operators who
are state
employees may be granted leave for up to 10 days to
participate in
declared disasters without loss of salary or benefits.

	Much of the credit for the inclusion of S661.919 in
SB 11, lies with
Lee Cooper (W5LHC), STX Section Public Information
Coordinator, who
drafted and worked tirelessly with Sen. Carona's
office and the
Committee staff to ensure inclusion and passage of
this superbly
beneficial provision in the bill. 

	Article 5 amends Government Code S418.013(c) and adds
S546.006 to the
Transportation Code. These modifications permit a
vehicle driven by an
amateur radio operator who is a member of an emergency
organization
such as RACES, ARES or the Red Cross to be designated
an official
emergency vehicle during a declared disaster, as
determined by the
Texas Governor's Division of Emergency Management.

Break In the Ranks

      By the middle of March, John Stratton was
successful in
persuading both Menendez and the Texas Legislative
Council to agree to
redraft HB 201 to eliminate its effect on amateur
radio. Menendez's
office indicated that Wentworth had agreed to consider
accepting the
new draft.

      After consultation with the FCC, John drafted
two proposed
replacements for HB 201 and SB 154 and submitted them
for consideration
to Menendez, Wentworth and the Texas Legislative
Council. The two
replacements were worded to clearly exclude amateur
radio from the
targeted class and, as a precaution, also included a
specific exemption
for amateur radio from application of the bills.

Wentworth Reaffirms Refusal to Exempt Amateur Radio

      Glen Reid (K5FX), Lee Cooper, and John Stratton
met with Sen.
Wentworth's Chief of Staff Joe Morris on March 15,
2007. Glen delivered
an excellent PowerPoint presentation that forcefully
explained amateur
radio's critical importance to local, state and
federal emergency
communications. At the conclusion of the meeting, Mr.
Morris assured
Glen, Lee and John that the Senator would consider
exempting amateur
radio from SB 154. 

      However, within a week Mr. Morris confirmed Sen.
Wentworth had
considered our request, but still declined to grant an
exemption for
amateur radio, again stating it was Sen. Wentworth's
intent that SB 154
cover all radio operations and it was the Senator's
belief that
everyone should drive with two hands on the steering
wheel.

Menendez Reaffirms Intent To not Include Amateur Radio

      Glen, Lee, John and Paul Gilbert (KE5ZW) met
with Menendez's
Chief of Staff Jennifer Brader on March 22, 2007. Ms.
Brader was
receptive to their presentation and again confirmed
Menendez had never
intended to include mobile amateur radio operation in
HB 201's
prohibited operations. She also admitted Menendez had
heard from other
radio operators complaining that HB 201, as worded,
would also prohibit
their mobile operations.

      However, Ms. Brader was unwilling to commit to
including a
specific exemption for amateur radio, until the
redrafted HB 201 was
received from the Texas Legislative Council, as she
believed the
redraft would eliminate our concerns.

The Texas Legislative Council Revision Arrives - Jason
Still Lives

      We received the Texas Legislative Council's
redraft of HB 201 and
SB 154 at the end of March. It was not much of an
improvement. Although
similar in language to the draft we had submitted to
the TLC, it did
not track the precise language recommended by the FCC
to ensure that
amateur radio and other mobile radio operators would
be excluded from
the bill. No one was willing to either clean up the
loose language or
modify the TLC bill to include an exemption for
amateur radio.

The Hearing Race Is On

	Beginning in early April, the public committee
hearings on the bills
we were working, SB11, HB201 and SB154 began.

SB 11

      The Senate Transportation & Homeland Security
Committee held its
first public hearing on SB 11 on April 4, 2007. Tom
Blackwell (N5GAR),
NTX SM & NTX SGL, Glen Reid and Lee Cooper testified.
Tom Blackwell
testified to request resolution of a conflict in the
Education Code
that caused problems for amateur radio operators in
some school
districts. Glen and Lee testified in support of
Articles 2 and 5. 

      Jim Robinson (K5PNV), STX SGL, and Paul Gilbert
KE5ZW) also
attended the hearing, registering in favor of SB 11.

      At the conclusion of the hearing on SB 11,
Senator Carona,
Chairman of the Committee, thanked all the hams for
their presence and
announced to the overflowing crowd that ham radio
operators were the
unsung heroes of emergency communications.

HB 201

      The House Transportation Committee hearing on HB
201 on April 17,
2007, also ended favorably. Rep. Menendez requested
that the Committee
substitute the Texas Legislative Council draft for the
original HB 201.
The Committee initially agreed to accept the
substitute. John Stratton
testified the ARRL was not opposed to the bill's
intent, but was
concerned the language of both the original bill and
TLC substitute had
unintended consequences and advised the Committee that
ARRL's concerns
would be eliminated if a specific exemption for
amateur radio was
included in the bill, just as had been done by other
states that had
passed similar legislation.

      Chairman Krusee and Vice Chairman Phillips both
asked Menendez to
work with ARRL on crafting an exemption. Following
John's testimony and
the comments by the Chairman and Vice Chairman, Rep.
Menendez told the
Committee that he would work with us to include a
specific exemption
for mobile amateur radio operations. The Committee
then withdrew the
substituted bill, leaving the original bill pending in
Committee.

      In a hallway meeting immediately following the
Committee hearing,
Rep. Menendez confirmed he would include a specific
exemption for
amateur radio in the bill. Rep. Menendez was given a
written copy of
two exemptions we had drafted and told either would be
acceptable to
ARRL.

SB 154

      The result of SB 154's hearing on April 25, 2007
before Sen.
Carona's Transportation & Homeland Security Committee
was extremely
favorable. Because SB 154 was considered the lead
"cell phone" bill, we
requested and had a very good turnout of hams to
oppose the bill.

      Before the hearing, John Stratton met Sen.
Wentworth's Chief of
Staff, Joe Morris, and again stated the ARRL would not
oppose either
the original bill or the TLC substitute, if Sen.
Wentworth would agree
to include a specific exemption approved by ARRL for
amateur radio
operators. Mr. Morris responded that the Senator still
refused to
include the requested amateur radio exemption.

 	As expected, Sen. Wentworth requested the Committee
accept the TLC
redraft as a substitute for the original bill and the
Committee agreed.

      Glen Reid, Michael G. Hardwick (N5VCX),
President of the Brazos
Valley Radio Club and the Communications Coordinator
for the Annual
MS-150 Race, and John Stratton testified against SB
154. Again, our
position was that we did not oppose the intent of the
bill, but we were
concerned the language of both the original bill and
TLC substitute had
unintended consequences, advising the Committee that
ARRL's concerns
would be eliminated if a specific exemption for
amateur radio was
included in the bill. As we had done in the House
hearing, we offered
the Committee two written exemptions, requesting that
one of them be
added to SB 154.

      At the conclusion of our testimony, Sen. Carona
responded
favorably, stating he was certain many on the
Committee agreed SB 154
was in need of changes. Quite a few of the Senators
nodded in
agreement. The Committee left SB 154 pending in
Committee.

      Hams that attended and registered against SB 154
included Boyce
W. Jarrett (K5FOG), Karla J. Jurrens (N5KUR), William
G. Jurrens
(WD0ACD) and Eric L. Rabinowitz (AE5BE). Many others
called the
Committee members to express their opposition.

It Gets Better

	On the afternoon of April 25, 2007, Rep. Menendez's
Chief of Staff
advised John Stratton that HB 201 had too much
opposition in the House
Committee and would not be reported out - it was dead
for the 80th
Legislative Session.

	Just days before, the Chief of Staff for Rep.
Quintanilla had
confirmed to John that our original belief that HB 652
stood no chance
of passage was correct - stating HB 652 had
overwhelming opposition
from the House Transportation Committee members.  It
was dead for the
Session.

	The Senate Transportation & Homeland Security
Committee reported out
SB 154 favorably on May 2 - with an exemption for
amateur radio in the
exact language we had requested. In order to persuade
the Committee to
approve SB 154, Sen. Wentworth had been forced to
agree to our
exemption.

      May 9 marked the end of ARRL's exposure to the
cell phone bills
for this Session. Sen. Wentworth's Chief of Staff
advised us the
Senator was pulling SB 154 from consideration by the
Senate, because he
did not have the votes to bring it to a floor vote.
The deadline for
all House bills to be reported out by a committee had
also expired,
leaving HB 201, HB 3689 and HB 652 dead for this
Session.

SB 11 Survives The Gauntlet & ARRL Survives The
Amendment

      SB 11's journey to passage was hotly contested.
The Senate
Committee reported SB 11 out on April 12 and the whole
Senate approved
it on April 18. The House Defense Affairs &
State-Federal Relations
Committee considered SB 11 May 7, but substituted its
version for the
Senate's, sending the substitute to the House for
approval. The House
passed the substituted version of SB 11 on May 23, but
only after
adding 20 amendments.

      One of those 20 amendments was potentially
dangerous to hams. A
bill authored by CLEAT (Combined Law Enforcement
Associations of
Texas), that had failed to get House approval was
attached to SB 11.
The bill, poorly drafted, was an attempt to make the
theft and use of
police, fire or EMS radios a crime - even though such
conduct is
covered by existing criminal statutes. The danger
arose because a
provision made it a crime for anyone to use any
frequency that could be
used for communications in an emergency - in other
words, potentially
all frequencies assigned by the FCC to amateur radio.

      Our attempts to persuade the authors of the
amendment to modify
the dangerous language were initially rebuffed. We
advised the Senate
Committee that the amendment was fatally flawed, we
were unsuccessful
in obtaining any modifications and that ARRL was
absolutely opposed to
the amendment. We drafted and submitted a replacement
for the amendment
in an effort to eliminate the danger.

      Our opposition forced CLEAT to consider
accepting our redraft of
their amendment. However, we deemed their attempts to
modify our draft
unacceptable and we notified the Committee we would
not accept their
changes and again opposed the inclusion of the
amendment. The amendment
was struck from SB 11.

      The Senate refused to accept the House version
of SB 11, forcing
the bill to conference committee. The Senate accepted
the conference
committee's version on May 27 - the day before the end
of the
Legislative Session.

      The fight between a rebel group and Speaker Tom
Craddick over
control of the House almost doomed SB 11. By its own
rules, the
deadline for the House to consider and pass all
legislation was
midnight, Sunday, May 27. Before midnight, the rebel
group walked off
the House floor, breaking the House quorum - no
further business could
be transacted. The House adjourned until 2:00 P.M.
Monday, May 28 in
the hope it could reassemble a quorum. It was able to
do so; but, being
past the May 27 midnight deadline, 2/3rds of the House
had to vote to
suspend its rules in order to consider any bill. If
the House voted to
suspend its rules and consider a bill, the bill then
had to pass by a
majority vote.

      The opposition of certain House members to some
of the law
enforcement and Homeland Security provisions of SB 11
was intense,
making it uncertain as to whether enough votes could
be mustered to
bring SB 11 to a vote. There never was any opposition
to the ham
friendly Articles 2 & 5, but the passage of these
provisions hung on
the fate of the entire bill.

      After dramatic behind the scenes maneuvering, SB
11 was finally
brought to a vote in the evening, just hours before
the session was to
end. SB 11's opponents tried to block consideration by
asserting a
total of three points of order, that over a period of
hours, were
finally rejected by the Speaker. SB 11 passed by a
vote of 139 ayes, 1
nay, with 3 members present, but not voting.

Houston, we have a bill!

Session Lessons

	The ARRL's West Gulf Division Political Action Group
was successful on
its first outing: it was effective in preventing four
cellular
telephone bills from being passed with language that
would have
prohibited all mobile operations; it was successful in
blocking an
amendment that would have insanely, but nonetheless,
potentially
criminalized the use of any frequency assigned by the
FCC to amateur
radio.

	And through dedicated effort, it obtained the passage
of two statutes
that increase the rights and privileges available to
Texas amateur
radio operators. 

      We were also successful in establishing ARRL as
a credible
representative of amateur radio and an organization
that should be
consulted and taken seriously before the passage of
legislation
affecting radio communication and emergency
operations.

      This Session proved the value of having a
coordinated team of
knowledgeable hams ready to monitor and engage the
Legislature when it
is in session. Absent the groundwork laid before this
session, amateur
radio could have been seriously harmed by the
legislation that we
opposed.      

      The "cell phone" bills will be back in the next
session. Rep.
Menendez has advised us he intends to again introduce
such a bill. It
is probable Sen. Wentworth will also. CLEAT is, at
present, still
insistent on having some form of legislation
specifically prohibiting
the use of law enforcement, fire and EMS radios and
frequencies.

      Next Session we will have to be vigilant not
only for these known
threats, but threats of which we have no current
knowledge, but that
are certain to arise from the dark caves of carelessly
drafted
legislation and the twisted minds of those who are
hostile to amateur
radio or mobile communications.

      We want to thank Rep. Jose Menendez for his
support of amateur
radio and his agreement to exclude us from the impact
of his
legislation.

      Even though Sen. Wentworth and we disagreed over
the merits of
prohibiting mobile radio operation, the Senator was
gracious after we
successfully added our exemption to his bill. Although
we disagreed on
that issue, Sen. Wentworth was very supportive of the
amateur radio
provisions in SB 11 - both in Committee and on the
floor. We thank
Senator Wentworth for that support.

      We would be remiss not to extend our deepest
appreciation to Sen.
John Carona for ensuring Article 2 and Article 5 were
inserted into SB
11, stayed in SB 11 and for protecting us from
amendments to SB 11 that
would have damaged amateur radio. We look forward to
working with Sen.
Carona again and extend our congratulations to Sen.
Carona for his
election as President Pro Tempe of the Senate - a
well-deserved honor.

	In addition to these and other Legislators, we
established good
working relationships with a number of interest groups
- relationships
that will benefit amateur radio in future sessions.

      Many hams, too numerous to name here, were
generous with their
time and support when the call for help went out -
without them we
would not have been as effective. On behalf of the
West Gulf Division
Political Action Group, I want to thank everyone in
the Division who
lent a hand.

      I, especially, want to recognize for their long
hours and dogged
determination the West Gulf Division's Legislative
Action Assistants
who composed the Austin Group: John Robert Stratton,
Lee Cooper and
Glen Reid. Without their leadership and expertise we
would not have
faired so well. The Division also cannot overlook the
support, insight
and wisdom of the Dean of ARRL legislative
representatives, Jim
Robinson, STX SGL and the STX SM Ray Taylor.   

      The West Gulf Division Political Action Group
can be proud of its
accomplishments - we did well.

Dr. David A. Woolweaver
Vice Director
West Gulf Division
Division Legislative Action Chair

See you at HamCom....
73, Coy - N5OK

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ARRL West Gulf Division
Director: Coy Day, N5OK
n5ok at arrl.org
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