Thankfully, this is not the case. The FCC rules are quite clear on this issue.
From Section 107 of Part 97 FCC rules:
“(a) The station licensee is responsible for the proper operation of the
station in accordance with the FCC Rules. When the control operator is a
different amateur operator than the station licensee, both persons are equally
responsible for proper operation of the station.
(b) The station licensee must designate the station control operator. The FCC
will presume that the station licensee is also the control operator, unless
documentation to the contrary is in the station records.
(c) The station licensee must make the station and the station records
available for inspection upon request by an FCC representative.
N1UR
From: Ed Sawyer [mailto:sawyered@earthlink.net]
Sent: Friday, January 15, 2016 4:05 AM
To: 'Louis Parascondola'; 'topband@contesting.com'
Subject: RE: Topband: strange propagation
It would be hard to believe that the control operator is outside the US, beyond
the FCC jurisdiction, and no one in the US is responsible. If that is the
case, its pretty scary in my opinion.
73
Ed N1UR
From: Louis Parascondola [mailto:gudguyham@aol.com]
Sent: Friday, January 15, 2016 3:28 AM
To: sawyered@earthlink.net; topband@contesting.com
Subject: Re: Topband: strange propagation
I can't be 100% sure but I think this will all wash down to the fact that
stations are no longer licensed and the control operator is fully responsible.
And I do believe that is the case. RHR has lawyers on retainer and I'm sure
this has been legally looked at. I can get the ruling they go by.
Sent from AOL Mobile Mail
-----Original Message-----
From: Ed Sawyer <sawyered@earthlink.net>
To: 'Louis Parascondola' <gudguyham@aol.com>; topband <topband@contesting.com>
Sent: Fri, Jan 15, 2016 02:58 AM
Subject: RE: Topband: strange propagation
Correct, but if he doesn’t, its actually the primary responsibility of the
control operator/station owner to shut down the station to prevent further
illegal transmissions.
Ed N1UR
From: Louis Parascondola [mailto:gudguyham@aol.com <mailto:gudguyham@aol.com?>
]
Sent: Friday, January 15, 2016 1:53 AM
To: sawyered@earthlink.net; topband@contesting.com
Subject: Re: Topband: strange propagation
It is the same thing as if he was here physically, he must use his call with a
/ w2 or whatever.
Sent from AOL Mobile Mail
-----Original Message-----
From: Ed Sawyer <sawyered@earthlink.net>
To: topband <topband@contesting.com>
Sent: Thu, Jan 14, 2016 11:39 PM
Subject: Re: Topband: strange propagation
In the case discussed of a station remoting in and not properly identifying
(ie an Italian station remoting a USA station but continuing to use the
Italian callsign), it seems to me that the FCC would consider the station
owner the control operator and therefore responsible for the proper IDing of
transmissions made from their station.
I would think a few fines issued by the FCC to the remote station holder,
would shut these games down in a hurry. I wonder if the RHR station owners
that are being leased out by individuals realize their liability in these
circumstances. I think some people will be shocked with a certified letter
at some point and the game will quickly change.
Ed N1UR
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