And, nowhere in that agreement does it support anything you're claiming.
Please quote any legal document that explicitly says otherwise.
73,
Bob W5OV
On Wed, June 7, 2017 11:23 am, Peter Bowyer wrote:
> Bob
>
>
> You failed to quote 97.107(b)(1). Which says :-
>
>
> "The terms of the agreement between the alien's government and the
> United States;"
>
>
> There is a multilateral operating agreement between the US and the
> CEPT countries.
>
>
> Peter
>
>
> On 7 June 2017 at 15:29, <w5ov@w5ov.com> wrote:
>
>> Peter,
>>
>>
>> Can you quote an actual rule that says what you claim?
>>
>>
>> In Part 97.107, nothing like what you and others are alleging is
>> justified, nor even mentioned. In the USA, the FCC rules take
>> precedence in all cases, and there is nothing in the FCC rules that
>> supports your claim of CEPT rules taking precedence over any operations
>> within the USA under any circumstances.
>>
>> Specifically:
>>
>>
>> 97.107 (b)(2)
>> "The operating terms and conditions of the amateur service license
>> granted by the alien's government"
>>
>> This does not say anything about operating privileges. They are covered
>> in the next part. The "terms and conditions *of the amateur service
>> license*" refer explicitly to only the *license* and its validity -
>> issue dates, expirations, etc.
>>
>> In contrast, operating privileges are discussed *explicitly* in the
>> next part:
>>
>>
>> In the case of the UK: 97.107(b)(3) applies:
>>
>>
>> "The applicable rules of this part, but not to exceed the control
>> operator privileges of an FCC-granted Amateur Extra Class operator
>> license".
>>
>> This is germane regarding operating privileges and what it says is:
>>
>>
>> "The applicable rules of this part" which means all USA allocations,
>> modes, restrictions and all other rules and regulations that apply in
>> the USA *for Extra Class operators*. In other words, All foreigners
>> eligible for reciprocal operating are granted full USA Extra Class
>> privileges - but no more.
>>
>> As one example of "no more", reciprocal licensees cannot operate SSB in
>> the USA CW / Digital bands, even though their licenses back home may
>> permit it.
>>
>> In all cases, USA FCC Law takes precedence over all other countries'
>> rules.
>>
>> That is what it *actually* says.
>>
>>
>> You're adding things to it that it does not say.
>>
>>
>> 73,
>>
>>
>> Bob W5OV
>>
>>
>>
>> On Wed, June 7, 2017 3:08 am, Peter Bowyer wrote:
>>
>>> Yes, but the conditions under which the reciprocal privileges are
>>> granted (in this case ) are governed by CEPT and adopted by FCC. In
>>> order to benefit from the CEPT arrangements, FCC has to adopt its
>>> rules.
>>>
>>> The 'no remote operation' principle comes from the CEPT rules.
>>>
>>>
>>>
>>> Peter G4MJS
>>>
>>>
>>>
>>> On 6 Jun 2017 10:46 p.m., <w5ov@w5ov.com> wrote:
>>>
>>>
>>>
>>>> From what I read at the link you provided, it is precisely as I
>>>> said:
>>>>
>>>>
>>>>
>>>> "US Law applies and the operators must comply with FCC rules as if
>>>> they were physically within the USA".
>>>>
>>>> I see nothing that changes that.
>>>>
>>>>
>>>>
>>>> More specifically, anyone operating a remote station in the USA
>>>> must obey the USA FCC Law as if they were here in the USA.
>>>>
>>>> 73,
>>>>
>>>>
>>>>
>>>> Bob W5OV
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Mon, June 5, 2017 12:02 pm, Peter Bowyer wrote:
>>>>
>>>>
>>>>> Sorry Bob you're wrong there. FCC has adopted the CEPT T/R 61-01
>>>>> regulation to make reciprocal licensing easier.
>>>>>
>>>>> http://www.arrl.org/foreign-licenses-operating-in-u-s
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Peter G4MJS
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On 5 June 2017 at 13:07, <w5ov@w5ov.com> wrote:
>>>>>
>>>>>
>>>>>
>>>>>> N2RJ said:
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> " Just be careful that you are indeed doing so. CEPT T/R 61-01
>>>>>> is not sufficient authorization for a European licensee to
>>>>>> operate an internet remote base in the US while being physically
>>>>>> present overseas...."
>>>>>>
>>>>>> EU rules do not apply to amateur radio transmissions made from
>>>>>> within the USA under any circunstances.
>>>>>>
>>>>>>
>>>>>> Where the operator is located is completely irrelevant.
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> What happens on the air from a USA station is governed by US
>>>>>> FCC
>>>>>> Law -
>>>>>> nothing else.
>>>>>>
>>>>>> US Law applies and the operators must comply with FCC rules as
>>>>>> if they were physically within the USA.
>>>>>>
>>>>>> 73,
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> Bob W5OV
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> -----Original Message-----
>>>>>> From: CQ-Contest [mailto:cq-contest-bounces@contesting.com] On
>>>>>> Behalf
>>>>>>
>>>>>>
>>>> Of
>>>>
>>>>
>>>>>> Ria
>>>>>> Jairam
>>>>>> Sent: Saturday, June 3, 2017 5:53 PM
>>>>>> To: W4AAW@aol.com
>>>>>> Cc: CQ-Contest Reflector <cq-contest@contesting.com>
>>>>>> Subject: Re: [CQ-Contest] KU1CW location
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>> W1VE and other serious operators of remote-capable stations
>>>>>>> will agree with me: We remote-capable stations are not trying
>>>>>>> to fool anyone or gain some sort of geographical or unfair
>>>>>>> advantage. We're
>>>>>>> just being
>>>>>> competitive and striving to do so strictly within the rules.
>>>>>>
>>>>>>
>>>>>> There is really nothing wrong with trying to gain an advantage
>>>>>> during a contest. That's what contesting is. As long as it is
>>>>>> within the rules. Operating from elsewhere to do better in
>>>>>> contests has been a staple of contesting for pretty much as long
>>>>>> as it has existed.
>>>>>>
>>>>>>> 2. Alex is a member of TeamW4AAW, which operates the first
>>>>>>> Totally
>>>>>>> Remote
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>> M/M station.
>>>>>>
>>>>>>
>>>>>>
>>>>>>> We have 31 team members who operate W4AAW's positions from
>>>>>>> all over NA, from Panama, Europe and Asia, provided they meet
>>>>>>> legal/licensing
>>>>>> requirements.
>>>>>>
>>>>>> Just be careful that you are indeed doing so. CEPT T/R 61-01 is
>>>>>> not sufficient authorization for a European licensee to operate
>>>>>> an internet remote base in the US while being physically present
>>>>>> overseas. Even if they were allowed, their home license
>>>>>> restrictions and power limits (while not exceeding US Extra)
>>>>>> apply. In the UK it is 400 watts for full licenses and in
>>>>>> Germany it is 750W for class A licenses. Other
>>>>>> European countries
>>>>>> may be different. The best thing for them to do to be compliant
>>>>>> with the laws of the US is to get a US license. There are VE
>>>>>> sessions in many countries overseas and one can get a license by
>>>>>> passing the (now very
>>>>>> easy) exams. No code required, even.
>>>>>>
>>>>>>> 4. The 3830 comments for KU1CW @ W4AAW in the CQWPX CW test
>>>>>>> very clearly show the locations of each operator.
>>>>>>
>>>>>> An awards chaser who isn't competing in the contest is unlikely
>>>>>> to know about nor care about 3830. The best thing to do would be
>>>>>> to put the location of the stations in the QRZ profile, which is
>>>>>> the first place they look.
>>>>>>
>>>>>> 73
>>>>>> Ria, N2RJ
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Fri, Jun 2, 2017 at 4:30 PM, W4AAW@aol.com via CQ-Contest
>>>>>> <cq-contest@contesting.com> wrote:
>>>>>>
>>>>>>
>>>>>>
>>>>>>> Here is the correct information on KU1CW in the CQWPX CW
>>>>>>> contest.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> 1. Alex has just moved to Washington State. He has not yet
>>>>>>> modified his
>>>>>> license to reflect this recent development.
>>>>>>>
>>>>>>> 2. Alex is a member of TeamW4AAW, which operates the first
>>>>>>> Totally
>>>>>>> Remote
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>> M/M station. We have 31 team members who operate W4AAW's
>>>>>> positions from all over NA, from Panama, Europe and Asia,
>>>>>> provided they meet legal/licensing requirements.
>>>>>>>
>>>>>>> 3. Since a W4 call sign is common in WPX tests, I suggested
>>>>>>> to Alex
>>>>>>> we use
>>>>>> KU1CW for the contest. Alex agreed. So, the entry (as shown on
>>>>>> 3830)
>>>>>> was KU1CW@ W4AAW.
>>>>>>
>>>>>>>
>>>>>>> 4. The 3830 comments for KU1CW @ W4AAW in the CQWPX CW test
>>>>>>> very clearly
>>>>>> show the locations of each operator.
>>>>>>>
>>>>>>> If some people had bothered to read information that is
>>>>>>> readily available
>>>>>> in that posting, it would not have been necessary to cast
>>>>>> aspersions.
>>>>>>>
>>>>>>> During some periods of the contest, Alex even operated SO2R,
>>>>>>> using two
>>>>>> W4AAW positions remotely, from Washington State.
>>>>>>
>>>>>>
>>>>>>
>>>>>>>
>>>>>>> W1VE and other serious operators of remote-capable stations
>>>>>>> will agree
>>>>>> with me: We remote-capable stations are not trying to fool
>>>>>> anyone or gain some sort of geographical or unfair advantage.
>>>>>> We're just
>>>>>> being competitive and striving to do so strictly within the
>>>>>> rules.
>>>>>>>
>>>>>>> Cheers!
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> 73, Mike W4AAW
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> _______________________________________________
>>>>>>> CQ-Contest mailing list
>>>>>>> CQ-Contest@contesting.com
>>>>>>> http://lists.contesting.com/mailman/listinfo/cq-contest
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>> _______________________________________________
>>>>>> CQ-Contest mailing list
>>>>>> CQ-Contest@contesting.com
>>>>>> http://lists.contesting.com/mailman/listinfo/cq-contest
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> CQ-Contest mailing list
>>>>>> CQ-Contest@contesting.com
>>>>>> http://lists.contesting.com/mailman/listinfo/cq-contest
>>>>>>
>>>>>>
>>>>>>
>>>>> _______________________________________________
>>>>> CQ-Contest mailing list
>>>>> CQ-Contest@contesting.com
>>>>> http://lists.contesting.com/mailman/listinfo/cq-contest
>>>>>
>>>>>
>>>>>
>>>>>
>>>>
>>>>
>>>>
>>> _______________________________________________
>>> CQ-Contest mailing list
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>>>
>>>
>>>
>>
>>
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