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Re: [CQ-Contest] R: ARRL DX CW Results - Did Anyone Else Notice?

To: "cq-contest@contesting.com (cq-contest@contesting.com)" <cq-contest@contesting.com>
Subject: Re: [CQ-Contest] R: ARRL DX CW Results - Did Anyone Else Notice?
From: Michael Adams <mda@n1en.org>
Date: Mon, 21 Aug 2023 18:31:59 +0000
List-post: <mailto:cq-contest@contesting.com>
Matt IZ3EYZ wrote:

> 4) With reference to the above URL, it is pretty clear CEPT takes into 
> account just the reciprocity 
> of the license between the countries that signed the agreement. 
> The citizenship doesn't matter at all. 
> The only mandatory requirements are:
> 
> 4.a) The individual owns either a CEPT license or a license issued by a 
> non-CEPT 
> authority/country that signed the agreement with CEPT;

You are correct that CEPT doesn't specify a citizenship requirement.

Any citizenship requirement comes from the CEPT license issued in the "home" 
country.

The CEPT license document for US licensees can be found here: 
https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Fwww.arrl.org%2Ffiles%2Ffile%2FReciprocal%2520operating%2520forms%2FDA-16-1048A1.doc&wdOrigin=BROWSELINK

The first paragraph of that document reads:
+ Subject to the regulations in force in the country visited, a U.S. citizen 
+ holding a General, Advanced, or Amateur Extra Class amateur radio 
+ service operator license grant by the Federal Communications 
+ Commission (FCC) is authorized to utilize temporarily an amateur 
+ station in a European Conference of Postal and Telecommunications 
+ Administrations (CEPT) country that has implemented certain 
+ recommendations with respect to the United States.

Only US citizens may use their US licenses as the basis for operating outside 
the US under CEPT.

Matt IZ3EYZ wrote:
> 9) You can easily verify ANFR (France), OFCOM (UK), MIMIT (formerly MISE -
> Italy) and other regulators part of CEPT don't care at all about the licensee 
> citizenship.
> They do NOT request to bring with you and show any proof of citizenship of 
> any specific country.
> This is perfectly in accordance with CEPT TR 61-01 docs which they recall.

However, TR 61/01 specifies a visitor must hold a CEPT license.

The CEPT license may be integrated within the home license, or it may be a 
separate document.   For US licensees, the CEPT license is a separate document.

The US document filling the role of a CEPT license for US-licensees is linked 
above.  The first paragraph specifies that it is valid only for US citizens.

Contrast that with Croatia, where the CEPT license language is part of the 
regular transmitting permit, and there is no limitation to Croatian citizens.

Whether France and/or its overseas territories waive the requirement that 
visiting operators hold a CEPT license is something I'm not familiar with.

Matt IZ3EYZ wrote:
> Like it or not, non-US licensed operators are allowed to 
> remotely operate an US station under CEPT.  It happened 
> plently of times, included the last ARRL CW 2023 (ie. UT5UDX 
> as K1LZ).

CEPT T/R 61-01 uses the terms "visit" and "temporary stays" in its operative 
language.   It doesn't specify whether those terms refer only to physical 
visits/stays, or if they include virtual visits/stays.

I have heard that the FCC has issued the opinion that CEPT applies to physical 
visits, although I have not seen documentation of that opinion having been 
rendered.  If it was, I assume that it was in a letter responding to someone 
(probably the ARRL) asking.  In the US, opinion letters issued by regulatory 
bodies can be considered enforceable, unless laws / regulations / court rulings 
overrule them.

Assuming that the FCC issued such an opinion, someone wishing to operate a 
US-based station via remote control ought to hold a US license.   The good news 
is that US licenses aren't exactly hard to get, especially now that US 
licensing exams can be administered remotely.

-- 
Michael Adams | mda@n1en.org

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