Ed,
Part 97 doesn't define a status for *any* operator other than the station
licensee and the control operator, both of whom are responsible for proper
operation of the station. It doesn't say anything about other licensed
amateurs who initiate transmissions under the auspices of the control
operator, nor does it say anything about unlicensed persons who might
initiate a transmission. It only talks about who the FCC will hold
responsible for proper operation, and whose license privileges set the
limits for transmissions.
You say the use of a station by an unlicensed person under the auspices of a
control operator is an obvious issue, but isn't the use of a station by a
lower-class licensee under the auspices of a control operator just as
obvious an issue? We've always assumed this is allowed (c.f., a General
Class licensee operating with Extra Class privileges on Field Day at a
station with a control operator holding an Extra class license), but I
couldn't find any text in Part 97 that says explicitly says so. It simply
doesn't mention other licensed or unlicensed operators.
I don't believe they have any status at all. The way the rules are written,
it looks like the FCC expects there to be one, and only one, control
operator, and all transmissions are treated as having been initiated by the
control operator, who is held responsible. They don't seem to care about
anyone else in the room, except in the case where a message is being sent on
behalf of a third party who participates in the transmission. I've already
covered my position on the phrase "on behalf", and that DX contest messages
are sent on behalf of the control operator.
Further, nowhere in Part 97 does it say that the control operator has to be
the person who is actually transmitting. It only says the control operator
is responsible for the transmissions.
Now, I did find a couple of definitions that could suggest no one but the
control operator can set the frequencies, modes, power, etc. used by the
station when transmitting:
(31) Local control. The use of a control operator who directly manipulates
the operating adjustments in the station to achieve compliance with the
FCC Rules.
(39) Remote control. The use of a control operator who indirectly
manipulates the operating adjustments in the station through a control link
to
achieve compliance with the FCC Rules.
But if we take those definitions at face value, even licensed operators of
multi-op stations aren't allowed to touch any station adjustment, like
frequency, mode, power, etc. I have a hard time believing that's the FCC's
intent.
73, Dick WC1M
-----Original Message-----
From: Ed Sawyer [mailto:sawyered@earthlink.net]
Sent: Friday, June 9, 2017 7:47 PM
To: 'Dick Green WC1M' <wc1m73@gmail.com>; cq-contest@contesting.com
Subject: RE: [CQ-Contest] third-party communications in DX contests (was:
KU1CW location)
Dick. One thing to ask yourself before concluding. What exactly is the
status and definition of an unlicensed person operating your station under
your control as control operator. If not a third party, then what exactly?
And why would the FCC, as defined about everything else, be silent on such
an obvious issue?
I would advise people who are letting others use their station be pretty
clear on the regulations since they are ultimately responsible as control
operators.
Ed N1UR
-----Original Message-----
From: Dick Green WC1M [mailto:wc1m73@gmail.com]
Sent: Friday, June 9, 2017 3:42 AM
To: sawyered@earthlink.net; 'Dick Green WC1M'; cq-contest@contesting.com
Subject: RE: [CQ-Contest] third-party communications in DX contests (was:
KU1CW location)
Ed,
The key words in the third party definition are "sent by the control
operator... on behalf of another person (the third party)."
The definition of third party doesn't say anything about the license status
of that person. And part 97 doesn't say that unlicensed operators are third
parties. What matters is on whose behalf the message is sent. The third
party can be licensed or not, and can participate (send the message) or not.
The crux is this: We can take the position that all messages in a DX contest
are sent/received on behalf of the control operator. Certainly the control
operator has a primary interest in the content of the messages, which is not
the case with third party traffic. I don't think anyone would have a problem
with designating the messages as "from the control operator", who is the
first party and never a third party.
Under Part 97, other operators of the station, licensed or unlicensed, are
proxies for the control operator and are allowed to send messages for the
control operator. Again, the control operator can't be a third party in the
station under his own control. The license status and interest in the
messages of the other ops is irrelevant, even though they may get enjoyment
from participating.
If the FCC has an opinion on this, I believe they view contest exchanges as
messages originated by the control operators at each end for their own
behalf, and therefore are not sent on behalf of any third party --
regardless of who actually pushed the buttons to send the message.
Now, for the fellow who keeps a list of third party agreements on the desk
when his kid sits in his lap and speaks in the mic, I'd say keep doing that.
If your kid is making QSOs for fun, and it can't be said the messages are
being sent on your behalf as control operator (such as contest exchanges and
DX contacts for which your station gets credit), then I'd say it's third
party traffic.
Just my own view of it, and what I'll say in court if the FCC ever busts me
for illegal third party communications in a contest :-)
73, Dick WC1M
_______________________________________________
CQ-Contest mailing list
CQ-Contest@contesting.com
http://lists.contesting.com/mailman/listinfo/cq-contest
|