OFFICIAL FCC UPDATE REGARDING 97.113 (status = resolution)

On Behalf Of David Jordan
Sent: Friday, October 02, 2009 2:29 PM
Subject: OFFICIAL FCC UPDATE REGARDING 97.113 (status = resolution)

I just completed a telephone call with Robert Kenny, FCC Public Safety and Homeland Security Bureau (PSHSB) Director of Media Relations regarding concerns raised over the past several months by statements offered by FCC Amateur Enforcement Officer, Ms. Laura Smith regarding enforcement of 97.113 as it relates to amateur radio volunteers who are also employees of served agencies, etc.

Mr. Kenny informed me that the PSHSB has meet with the FCC’s Office of General Council regarding concerns that local government, hospital, etc., employees who are also FCC licensed amateur radio operators would be in violation of part 97.113 if those employees participated in drills and exercises (on or off the clock) associated with Auxiliary Communications Services provided on behalf of constituents served by those agencies. Mr. Kenny informed me the FCC Office of General Council's interpretation of the current rules would allow for the use of HAM radios during emergency drills or exercises, etc. (example the Operation Hazel II SET in Virginia scheduled for tomorrow morning). He indicated that there would be no enforcement action taken if an independent party filed a complaint about the use HAM radios in this capacity.

Therefore, there is now no reason for any amateur radio operator to curtail their participation in exercises or drills related to RACES or ACS.

Mr. Kenny also indicated that the PSHSB it would initiate proceedings to have 97.113 amended if/when a petition is filed by someone to review the current rules. This may lead to better accommodations of volunteer ACS best practices in this area.

For those of you participating in the Virginia SET tomorrow please enjoy the event and gain as much useful experience as you possibly can from the exercise.

Best Regards,
David Jordan
WA3GIN
Arlington County, Virginia RACES Officer

p.s. Hazel II SET WEB SITE http://www.w4ghs.org/Hazel.html

==========================================================
From: Robert Kenny [mailto:Robert.Kenny@fcc.gov]
Sent: Friday, October 02, 2009 1:29 PM
To: David Jordan
Cc: William Lane
Subject: Amateur Radio Follow-up - Emergency Drills

Dave, could you please share your contact info. I would like to give you a call today about the Drill for tomorrow and your HAM radio operations. We have a resolution and would like to share it with you. Just need to close the loop on one thing and then we will call.

Please let me know.
Rob

Robert C. Kenny
Director of Media Relations
Public Safety and Homeland Security Bureau
US Federal Communications Commission
445 12th Street, SW
Washington DC, 20554

 

So basically you are telling us that you have nothing in writing to back up these new claims, and you call that an official resolution? Also, the official undocumented word does not come from anyone in the enforcement bureau.

Yeah! This is new worthy alright.

 

Does anyone read this before it gets posted to the front page news at QRZ?

 

I would think a written interpretation of the current rules from the
FCC Office of General Council would be the "resolution" on the issue.

I would question a verbal synopsis of a meeting with them by the Director of Media Relations
as gospel for all licensees to follow nationwide.

 

Council .... nah ... General Counsel ... the title Riley used.

 

No one ever backtracks on verbal statements right? Without something in writing there is nothing official about the post. Except that it is officially not news worthy.

 

I'll believe/accept this ONCE it is in WRITING in the form of a
modification to part 97.

Anything in VERBAL form is suspect.

I don't believe ANYTHING I HEAR, and NOTHING I READ on the INTERNET !

 

-Emcom must be eliminated!!!

It is a nasty virus that has infected ham radio.

And if left to fester…will destroy ham radio!!!

 

Amen to that. If they want a radio system for public service then they can go out and buy part 90 gear and use that.

 

With all due respect, without this coming from the FCC RULES DIVISION and in writing on FCC letterhead, it means absolutely nothing. Someone doing public relations work for the FCC does not have the authority to circumvent what the RULES DIVISION has stated in writing and on the record.

de
WA6ITF

 

This is the problem with these ecomm groups, they are looking for someone, anyone, at the FCC or ARRL to tell them "it's ok, don't worry about what Laura has been doing". These ecomm'rs are so desperate for validation of their activities, that they would accept the word of an FCC intern, if given, to be that of new rules and enforcement position. The FCC's actions are speaking the loudest, not some hearsay the may or may not of been said by a guy who may or may not actually work for the FCC.

 

................

YOU Sure you don't live near me?....
Emergency begins if the EOC/ECOMM turns a radio on and the "Light Don't come on"..

 

Soooo, it's ok if Target, Walmart and IBM set up amateur networks to maintain operations during "emergencies"?

Bill

 

Whoa. Someone stole the "Edit" button. heh. Guess we aren't trustworthy! Choose your words wisely, gents.

 

The edit button been appearing and disappearing at random times. I think it's an ecomm emergency. Everyone to the EOC, till the missing edit button is located.