A new California hands-free cellular telephone law goes into effect July 1, 2008. It, like many others around the country, prohibits using mobile telephones while driving, unless a hands-free device is utilized. ARRL has received numerous questions about its application to the use of mobile Amateur Radio stations by licensed amateurs. The law, in relevant part, states as follows:

"23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."

ARRL General Counsel Chris Imlay, W3KD, advises that "The definition of prohibited behavior in California's recent statute does not include a prohibition of operating a mobile, licensed Amateur Radio station while driving, because Amateur Radio transceivers are not telephones. While ARRL cannot guarantee that this statute will not be interpreted by law enforcement officers or the courts of California more broadly than that, it is our view that a fair reading of the statute excludes mobile operation of Amateur Radio equipment by licensed radio amateurs.

"That said, it is obvious that drivers should pay full time and attention to driving. To the extent that operating their amateur stations while mobile is a distraction to them, they should consider, if possible, pulling over safely to the side of the road and conducting their amateur communications while stationary."

ARRL Regulatory Information Manager Dan Henderson, N1ND, adds that while the statute on its face does not apply to Amateur Radio mobile operation, problems could still arise: "Law enforcement officers are not telecommunications experts and may not understand or be concerned about the difference between a cellular telephone and a ham radio. If you do get stopped, be polite and state that you were operating a mobile Amateur Radio transmitter as specifically authorized by the FCC and not a wireless telephone. Don't engage in an argument if the officer issues a citation -- that won't help your cause. If cited, you will need to follow the instructions about contesting the citation in traffic court.

As ARRL General Counsel Imlay notes, the language of the statute does not appear to include amateur mobile operation. Unfortunately, you could have to go through the inconvenience of appearing in court to contest a citation."

ARRL will continue to monitor the application of this statute relative to radio amateurs.

Amateur Radio operators throughout the United States have reported hearing an intruder signal -- dubbed Firedrake -- on 20 meters.

ARRL Field and Regulatory Correspondent Chuck Skolaut, K0BOG, said he has received reports from Intruder Watch monitors in Texas, Montana, West Virginia, Massachusetts, Colorado, Washington, Nevada and Pennsylvania hearing the jammer on 14.010 and 14.070 MHz. Hams in IARU Region 1 have heard the jammer on 14.000, 14.005, 14.010, 14.030, 14.050, 14.050 and 14.090; Uli Bihlmayer, DJ9KR, Assistant Monitoring Coordinator for Region 1 (IARUMS) <http://www.iarums-r1.org/> said he has had reports of hearing the jammer on three frequencies at the same time. Skolaut said he heard it on 14.070 at 1500 EDT on June 6 from ARRL HQ, but has not confirmed Firedrake on any other frequencies. "We have reported the jammer to the FCC's High Frequency Direction Finding (HFDF) facility in Columbia, Maryland. They have also heard the jammer and have sent a harmful interference report to the Chinese government," Skolaut said.

The FCC has no authority to make intruder stations outside the US stop transmitting on Amateur Radio frequencies; such situations typically are dealt with through diplomatic channels. "All three IARU regions are coordinating efforts to collect observations and forward them to the proper authorities to follow up on this," Skolaut said. "As you probably remember, this jamming occurred almost two years ago <http://www.arrl.org/news/stories/2006/08/17/2/> and was primarily heard on 14.260 and 18.160 MHz."

According to Bihlmayer, the jammer (whom Region 1 monitors have dubbed Firedrake) plays oriental-type music (click here to hear what Firedrake sounds like - <http://www.arrl.org/news/files/firedrake.mp3>) and originates from the Chinese government in an attempt to block out the Sound of Hope short wave broadcasts <http://sohnews.com/shortwave-broadcasts/>.

The Sound of Hope refers to itself as "a Chinese language media network providing an alternative to China's state controlled media with news and cultural programming. Radio Free China (RFC) is Sound of Hope's project to reach listeners in Mainland China with programming beyond the control of China's omnipresent blockade of free information." Information on the Intruder Watch program can be found in the June 2007 issue of QST.

[Reply only to k8je@arrl.org.]

RE: DIVISION CONFERENCING TEST -- REGULATORY WEBINAR

Dear GLD member,

* Response to poll.
* Invitation to try one conferencing method.
* Let me know your view of the method.

Some 450 members responded to my request concerning interest in holding division conferences electronically. The response was about 20-to-1 in favor of giving this a try. Thanks to all for sharing your thinking.

Thanks to a fellow director, we have an opportunity to try out one form of conferencing. The system involved is the Webinar. It involves logging into a special web site (to receive conference video on your computer screen) and calling into a telephone conference (to receive the voice discussions), Admittedly, the telephone call may involve a toll fee unless you have unlimited long distance service through your provider.

Director Bill Edgar of the Atlantic Division is holding a Webinar this Saturday, June 14. The subject is FCC Amateur Radio Regulations. The leader of the discussion is Dan Henderson, ND1Q the ARRL HQ Regulator guru. You will have the opportunity to have your questions answered.  The time of the Webinar is from 11 AM-12 Noon.

Bill has extra space in the Webinar and has invited members of the GLD to participate. Instructions on doing this are provided, below.  Please be aware that there is a limit to the number of people who can be served in a Webinar; therefore, if you are interested in seeing how this works, you should reserve your space by registering as soon as possible. If you participate, please let me know how you feel about us using this form of conferencing to serve our division.

To participate:

Title: Atlantic Division ARRL Regulatory Webinar

Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/295496463

Saturday, June 14, 2008

Time: 11:00 AM - 12:00 PM EDT

Meet with ARRL's Regulatory Manager, Dan Henderson N1ND, who will present information about the ARRL's regulatory program and what he's been working on.

This webinar/teleconference is for anyone interested in regulatory issues such as ARRL members, clubs members, ARES members, Section Managers, Section Cabinet Staff and everyone else.

This is a free online presentation and teleconference. (The telephone call to the conference center may be a toll call however.)

There will be a question and answer period after the presentation.

System Requirements
PC-based attendees
Required: Windows? 2000, XP Home, XP Pro, 2003 Server, Vista

Macintosh?-based attendees
Required: Mac OS? X 10.3.9 (Panther?) or newer

Space is limited.

Jim Weaver, K8JE, Director
ARRL Great Lakes Division
5065 Bethany Rd.
Mason, OH 45040
E-mail: k8je@arrl.org; Tel.: 513-459-0142
ARRL - The Reason Amateur Radio Is!
Members - The Reason ARRL Is!

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ARRL Great Lakes Division
Director: James Weaver, K8JE
k8je@arrl.org
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On Tuesday, May 27, ARRL filed electronic comments concerning two matters that the FCC has under consideration. The first set of comments concerns a company that filed a request for a waiver of Part 90 of the FCC rules; ReconRobotics, an electronics manufacturer, wishes to sell, and for its public safety customers to use, a robotic device that operates in the 430-448 MHz band. The primary allocation in that portion of the spectrum is United States government radiolocation (military radars). The Amateur Service has an allocation on a secondary basis. The second matter deals with GE Healthcare and their request for allocation of spectrum (as a secondary user) in the 2300 MHz band; the Amateur Service has a primary allocation in a portion of the requested band.

On January 11, 2008, ReconRobotics filed a request with the FCC for a waiver of Part 90 of the Commission's Rules with respect to the Recon Scout, a remote-controlled, maneuverable surveillance robot designed for use in areas that may be too hazardous for human entry. This device can be thrown, dropped or launched into hazardous areas and can provide an operator located a safe distance away with video and audio, along with infrared, biological, chemical, heat, radiation or other data. According to the FCC, ReconRobotics seeks a waiver to permit equipment authorization of the Recon Scout, and its use by state and local law enforcement and firefighting agencies and by security personnel in critical infrastructure industries.

The FCC said a waiver is required to permit licensing of the Recon Scout because "the device operates in the 430-448 MHz band." ReconRobotics asserts that because the Recon Scout operates with 1 W peak power, it is "unlikely to cause interference to these services."

The ARRL contends that "Because [this device] operates on a channelized basis, each of the three channels being six megahertz wide, the necessary bandwidth of the device is apparently close to 6 MHz. [ReconRobotics] asks that it be granted an unspecified series of permanent waivers to allow the marketing and sale to, and use of this device by law enforcement and fire department personnel for public safety applications. The Amateur Service, which has a heavily occupied, secondary allocation in the 420-450 MHz band...would be potentially substantially impacted by grant of these waivers."

The ARRL's comments also state that ReconRobotics "fails to establish that the 420-450 MHz band is the only viable choice and that no other band would be suitable; an obligation of the Petitioner in order to entitle it to a waiver." In requesting the waiver, ARRL asserts that ReconRobotics only claimed, but did not show, prove or demonstrate, that other bands were not suitable for its purposes. In other cases before the FCC as recent as 2006, the Commission denied such waivers, saying, "We do not believe that the public interest requires grant of a waiver merely to accommodate a manufacturer's choice of a specific frequency when others are available."

The ARRL contends, in its comments, that "nothing in the four corners of [ReconRobotics'] request indicates anything that would verify the actual conclusions offered. The waiver request boils down to 'trust us, we have checked into this.'"

The ARRL points out in its comments that there are differing amateur operations throughout the 420-450 MHz band. One of the channels ReconRobotics is requesting use of -- 442-448 MHz -- is used by amateur repeaters (with band plans varying by locality) and also for Amateur television repeater inputs. "These repeater inputs, both for voice and video, are at high locations where line-of-sight to [ReconRobotics] devices should be expected anywhere in the United States. Repeaters in this band are routinely used for emergency communications via amateur Radio for numerous served agencies including FEMA, and so at times when [ReconRobotic's] device may be expected to be used, the repeaters may be expected to be in operation in the same areas," ARRL comments state.

For this reason as well, the ARRL maintains that interference to [the Recon Scout] device may be expected on a regular basis from Amateur Radio operations: "While it is all well and good for [ReconRobotics], a manufacturer, to suggest that it understands that operation of the device would be subject to interference received from licensed users in the band, such interference is not a comforting thought for licensed radio amateurs who could very easily be perceived to be, or held responsible for the failure or malfunction of these analog devices in a given application and the danger to public safety officers who are
relying on them. It is also too much to expect that a Public Safety licensee will understand that the use of the device is unpredictable because interference to the device is unpredictable. [ReconRobotics] is correct about one thing: Amateur Radio operators take their relationship with First Responders very seriously. Creating fundamental incompatibility between Public Safety communications and Amateur Radio operations serves no one well at all, and for this reason,
[ReconRobotics] should reconfigure its device to operate in a different allocation."

The ARRL urges the FCC to deny the waiver request, "either permanently or even temporarily," and calls on the Commission to require ReconRobotics to "initiate a rulemaking proceeding if it feels that the Part 90 or Part 15 rules governing analog devices are not sufficiently accommodating and should be changed, and could be changed consistent with interference avoidance. Repeatedly granting waivers for analog devices which do not meet the fundamental interference avoidance requirements of the existing rules is bad spectrum management and ill-serves the Amateur Service."

In December 2007, GE Healthcare filed ex parte comments in response to a Notice of Inquiry (NOI) in the pending "MedRadio" proceeding, proposing that the band 2360-2400 MHz be allocated on a secondary basis for "Body Sensor Networks" (BSNs). These systems are apparently to be used for wireless patient monitoring. They are very short-range networks consisting of multiple body-worn sensors and nodes, connected via wireless to nearby hub stations at medical facilities and in homes. The Amateur Radio Service is currently allocated 2390-2400 MHZ on a primary basis.

In its comments, the ARRL states that it does not expect a "significant amount of harmful interference to Amateur operations at 2390-2400 MHz from BSNs." GE Healthcare's proposal, however, makes "erroneous assumptions about Amateur uses in these bands, and the interference potential of the devices to Amateur Radio stations in residential areas is not known."

According to GE Healthcare, they propose an allocation of the entire 2360-2400 MHz band for use of the BSN devices, but the ARRL contends that "in any given area, only 20 MHz of that band would be used. [GE Healthcare's] proposal specifically mentions Amateur Radio and claims that, because the band 2390-2400 MHz is 'designed [sic] for fast scan video, high rate data, packet, control and auxiliary applications' and not weak signal communications, it is well-suited for sharing with the BSN systems."

The ARRL argued that this is a misconception on GE Healthcare's part: "The fact is that there are no limitations on the type of Amateur uses to be made in these bands. The band may in fact be used in some areas for weak signal communications, on a completely unpredictable basis. The uses of this band by radio amateurs, though guided overall by a national band plan, are very much subject to local variation dictated by custom and usage. Weak signal Amateur communications utilize long propagation paths, very low received signal levels, and very high transmitted signal levels. The band is also used for long distance data, voice and television communications using relatively weak received signal levels."

The ARRL, in its comments, said it "is far more concerned" about potential interference to BSNs from licensed Amateur Radio operation in the 2390-2400 MHz band: "The ramifications of radiofrequency interference (RFI) to these systems in terms of danger to medical patients are obvious, and potentially severe." The ARRL contends "that the potential for interference from Amateur Radio operations, which are in this band occasionally itinerant and mobile, but most often fixed in residential areas, to BSNs operated at a patient's residence would be...a problem."

In light of the possibilities of harmful interference, the ARRL requested that the FCC "not proceed with the proposal of GE Healthcare as proposed in the 2390-2400 MHz band."

Special Counsel in the FCC Spectrum Enforcement Division Riley Hollingsworth sent a Warning Notice to Thomas A. Nichols, WA6BKR, of Fairfield, California -- a General class licensee - reminded Nichols that on February 28, 2008, the FCC notified him once before, "the Enforcement Bureau indicated that in September 2004 and on various dates since October 2007 you operated on frequencies assigned to Extra class licensees but prohibited to General class licensees."

According to the Warning Notice, Nichols replied to Hollingsworth's February letter, conceding "an instance in which you operated in the Extra Class portion of the band and gave numerous reasons and comments on the Morse code exam, Amateur Radio in general, the Extra Class examination and other radio and kit building topics not relevant to your out-of-band operation."

Hollingsworth warned Nichols that "any additional out-of-band operation may lead to revocation of your license or a monetary forfeiture." Nicholls was also warned that his license would not be renewed or upgraded "until such matter is resolved."

Direct all questions concerning the Amateur Radio Service Enforcement Actions Web postings via e-mail only to Riley Hollingsworth <fccham@fcc.gov> in the FCC Spectrum Enforcement Division.

Special Counsel in the FCC Spectrum Enforcement Division Riley Hollingsworth has announced plans to retire from the FCC later this year. "My intention," Hollingsworth told the ARRL, "is to head out in July, assuming the results of the second round of the PAVE PAWS/440 repeater monitoring in California present no complications. It has been a privilege to work with and for the Amateur Radio licensees and the land mobile frequency coordinators. I am extremely fortunate to work for two wonderful groups of people: Those at headquarters in the Enforcement Bureau, and for the Amateur Radio operators." Hollingsworth had planned to retire earlier this year, but changed his mind, saying, "There [were] several issues on the table that I want[ed] to continue to work through with the amateur community."

While his successor has not been named, he was quick to point out that the FCC's Amateur Radio enforcement program will continue.

Hollingsworth said he considered it an honor to have given something back to "the incredible enjoyment and benefits that Amateur Radio has given me since age 13. And to every one of the thousands of you that thanked us for our work, many of whom waited for long periods after a forum or radio meeting just to come up and express appreciation for what the FCC was doing in enforcement, you have no idea how much that was appreciated every single time. It sure wasn't a 9 to 5 job, but it was a gift and a daily joy to work for the best group of people on earth. The only bad day in nearly 10 years was September 21, 2001, when we lost Steve Linn, N4CAK. We still miss him." Linn, deputy chief of the Licensing and Technical Analysis Branch for private wireless within the Wireless Telecommunications Bureau, and his wife Lesley were killed in a car accident on their way to the Virginia Beach hamfest.

Hollingsworth told the ARRL he was "so very impressed" with the young people who are involved with Amateur Radio: "To the very young Amateur Radio operators I met at Dayton, who have dreams of being scientists and astronauts and communications engineers, we will be pulling for you; I have a strong feeling we won't be disappointed."

"The Amateur Radio Service is part of the American heritage, and I am going to stay as actively involved in it as I possibly can," Hollingsworth explained. "Thank you all for working tirelessly to provide the only fail safe communications system on Earth and for helping this country keep its lead in science and technology. What an incredible gift it has been to work with you every day, and how fortunate we are to love the magic of radio!"

On May 7, the FCC denied two separate Petitions for Rule Making (PRM) dealing with digital issues.

Mark Miller, N5RFX, of Arlington, Texas, sought to delete the FCC's 2006 addition to how it defines data, amend the rules to prohibit automatically controlled stations from transmitting on frequency segments other than those specified in Section 97.221(b), and replace the symbol rate limits in Section 97.307(f) with bandwidth limitations.

The FCC denied all three parts of Miller's PRM, saying he "did not set forth sufficient reasons for the Commission" to approve his petition and that "should future experience substantiate Miller's concerns, he may file a new, factually supported petition for rulemaking." The complete copy of the FCC's reply to Miller is on the FCC Web site http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1082A1.pdf.

Ken Chafin, W6CPA, of La Crescenta, California, and Leon Brown, KC6JAR, of Los Angeles, California, also filed a PRM concerning additional spectrum for more repeaters, including digital systems, requesting that the FCC "propose to expand the frequencies on which an amateur station operating as a repeater (repeater station) may operate."

Chafin and Brown argued that additional spectrum is needed for repeater stations because some amateur repeater stations have begun using digital communications protocols" and "digital voice operation is incompatible with existing analog operations [because d]igital voice users are unable to determine if the desired frequency is in use by analog users and can inadvertently cause harmful interference to those users." The men pointed out that coordinating groups have been unable to separate analog and digital voice repeater operations to avoid harmful interference because the available repeater spectrum in the 2 meter band is "fully occupied by existing analog users in most metropolitan areas."

The FCC, after considering Chafin and Brown's PRM, concluded that the PRM did not present grounds for the Commission to amend its rules: "Repeater stations are authorized to transmit on any frequency in the 2 meter band except the 144.0-144.5 MHz and 145.5-146.0 MHz frequency segments. These two segments were excluded to minimize the possibility of harmful interference to other amateur service stations and operating activities, including 'weak signal' operations. Allocating an additional three hundred kilohertz of the 2 meter band to repeater operation would not be consistent with that concern. Rather, it would likely result in increased interference to non-repeater stations." The complete copy of the FCC's reply to Chafin and Brown is on the FCC Web site http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1083A1.pdf.

SB QST @ ARL $ARLB009
ARLB009 FCC Looks to Raise Vanity Call Sign Fees

ZCZC AG09
QST de W1AW
ARRL Bulletin 9 ARLB009
From ARRL Headquarters
Newington CT May 9, 2008
To all radio amateurs

SB QST ARL ARLB009
ARLB009 FCC Looks to Raise Vanity Call Sign Fees

The FCC released a Notice of Proposed Rulemaking and Order (NPRM) on May 8 seeking to raise fees for Amateur Radio vanity call signs. Currently, a vanity call sign costs $11.70 and is good for 10 years; the new fee, if the FCC plan goes through, will go up to $12.30 for 10 years, an increase of $.60.

The FCC is authorized by the Communications Act of 1934 (as amended) to collect vanity call sign fees to recover the costs associated with that program. The vanity call sign regulatory fee is payable not only when applying for a new vanity call sign, but also upon renewing a vanity call sign for a new term. Instructions on how to comment on this NPRM are available on the FCC Web site at, http://www.fcc.gov/cgb/consumerfacts/howtocomment.html.

The vanity call sign fee has fluctuated over the 12 years of the current program -- from a low of $12 to a high of $50; the current fee of $11.70 is the lowest the fee has been since the inception of the vanity call sign program. The FCC said it anticipates some
15,000 Amateur Radio vanity call sign "payment units" or applications during the next fiscal year, collecting $184,500 in fees from the program.

The vanity call sign regulatory fee is payable not only when applying for a new vanity call sign, but also upon renewing a vanity call sign for a new term. The first vanity call sign licenses issued under the current Amateur Radio vanity call sign program that
began in 1996 came up for renewal two years ago. Those holding vanity call signs issued prior to 1996 are exempt from having to pay the vanity call sign regulatory fee at renewal, however. That's because Congress did not authorize the FCC to collect regulatory fees until 1993. Such "heritage" vanity call sign holders do not appear as vanity licensees in the FCC.

Amateur Radio licensees may file for renewal only within 90 days of their license expiration date. All radio amateurs must have an FCC Registration Number (FRN) before filing any application with the Commission. Applicants can obtain an FRN by going to the ULS site at, http://wireless.fcc.gov/uls, and clicking on the "New Users Register" link. You must supply your Social Security Number to obtain an FRN.

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/EX