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Rick[_3_] March 18th 07 09:17 PM

Being paid while you operate
 

In studying for my Extra, using the ARRL Extra Class License Manual
(2001), I came across an interesting note...

"There is a general rule that you may not be paid to operate your Amateur
Radio station. In most cases this also means that you cannot operate an
Amateur Radio station during the time that you are being paid by your
employer."

Does this mean that if I'm sitting at my desk at work, doing a job that
doesn't have anything to do with radio, and during break time I pick up my
HT and call someone on the local repeater, that I'm violating FCC rules?

That would be a bizarre interpretation, and not anything I've ever seen
before in 42 years as a ham...


Richard Crowley[_2_] March 18th 07 09:31 PM

Being paid while you operate
 
"Rick" wrote...
In studying for my Extra, using the ARRL Extra Class License Manual
(2001), I came across an interesting note...

"There is a general rule that you may not be paid to operate your
Amateur
Radio station. In most cases this also means that you cannot operate
an
Amateur Radio station during the time that you are being paid by your
employer."

Does this mean that if I'm sitting at my desk at work, doing a job
that
doesn't have anything to do with radio, and during break time I pick
up my
HT and call someone on the local repeater, that I'm violating FCC
rules?

That would be a bizarre interpretation, and not anything I've ever
seen
before in 42 years as a ham...


And I participate during lunch-hour in a weekly net of our
employer-sanctioned (and supported) emergency amateur
radio services organization. Virtually all of us are sallaried
(not hourly) employees, and technically "on the clock".

I always assumed it was a prohibition on using amateur radio
for transport of commercial traffic.


[email protected] March 18th 07 11:09 PM

Being paid while you operate
 
On Mar 18, 4:17?pm, Rick wrote:

Does this mean that if I'm sitting at my desk at work, doing a job that
doesn't have anything to do with radio, and during break time I pick up my
HT and call someone on the local repeater, that I'm violating FCC rules?


IMHO, no.

The key elements a

1) The job doesn't have anything to do with radio

2) You're on break time, not work time

The fact that you are being paid during break time
isn't the determining factor. If you get a paid
vacation, you can still operate while on vacation
even though your employer is paying you then.

73 de Jim, N2EY


Phil Kane March 19th 07 12:32 AM

Being paid while you operate
 
On Sun, 18 Mar 2007 15:17:10 CST, Rick wrote:

Does this mean that if I'm sitting at my desk at work, doing a job that
doesn't have anything to do with radio, and during break time I pick up my
HT and call someone on the local repeater, that I'm violating FCC rules?

That would be a bizarre interpretation, and not anything I've ever seen
before in 42 years as a ham...


If you are doing this "on your own time" (which includes break time)
and does not have anything to do with the business of the employer or
the job that you are hired for or work that you are assigned to do,
then there's no violation involved. This is no different from reading
a book or balancing your checkbook on break time.

Of course if your employer objects, you may find yourself with lots of
time to work ham radio!!
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Larry March 19th 07 02:37 AM

Being paid while you operate
 
Phil Kane wrote in
:

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel


What about ARRL employees who are paid for amateur related work?

Case in point - An ARRL tech is being paid to test, in the ARRL Lab, a new
2 meter radio for publication in the magazine companies August issue. He's
being paid to write the article and operate the radio, right?

Of course, how does a magazine company with paid subscribers get a ham
license in the first place (W1AW)??

Larry
--
Message for Comcrap Internet Customers:
http://tinyurl.com/3ayl9c
Unlimited Service my ass.....(d^:)
..


Larry March 19th 07 03:19 AM

Being paid while you operate
 
"Richard Crowley" wrote in news:12vr4sjscil3u40
@corp.supernews.com:

And I participate during lunch-hour in a weekly net of our
employer-sanctioned (and supported) emergency amateur
radio services organization. Virtually all of us are sallaried
(not hourly) employees, and technically "on the clock".

I always assumed it was a prohibition on using amateur radio
for transport of commercial traffic.



Hospital workers and emergency service personnel are all being "paid" to
operate ham radio after they get their licenses, as are NOAA Weather Bureau
bureaucrats at WX4CHS, at the Charleston Weather Bureau Office.

None that I know of have been busted.

Larry W4CSC
--
Message for Comcrap Internet Customers:
http://tinyurl.com/3ayl9c
Unlimited Service my ass.....(d^:)
..


Phil Kane March 19th 07 03:19 AM

Being paid while you operate
 
On Sun, 18 Mar 2007 20:37:25 CST, Larry wrote:

What about ARRL employees who are paid for amateur related work?


There is a specific exemption in the Rules for operators at W1AW.

Case in point - An ARRL tech is being paid to test, in the ARRL Lab, a new
2 meter radio for publication in the magazine companies August issue. He's
being paid to write the article and operate the radio, right?


How do you know that s/he is not operating into a dummy load? g

The answer is in the content of the communication. If the content is
on the business of the employer, it is improper. If it's just general
hamming, especially if it's under the W1AW "umbrella" then it's not
improper.

It's no different from me borrowing a specific piece of equipment to
evaluate and then writing a magazine article on it for which I am
being paid

Of course, how does a magazine company with paid subscribers get a ham
license in the first place (W1AW)??


The ARRL is a membership organization. The licensee of W1AW is the
ARRL Headquarters Operators Club, a bona fide amateur radio club. They
do not operate the station to further the publishing arm of the ARRL.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


[email protected] March 19th 07 05:21 PM

Being paid while you operate
 
From the AE Question pool:

E1B05 (C) [97.113(c)]
When may an amateur operator accept compensation for serving as the
control
operator of an amateur station used in a classroom?
A. Only when the amateur operator does not accept pay during periods
of time
when the amateur station is used
B. Only when the classroom is in a correctional institution
C. Only when the amateur operator is paid as an incident of a
teaching position
during periods of time when the station is used by that teacher as a
part of
classroom instruction at an educational institution
D. Only when the station is restricted to making contacts with
similar stations
at other educational institutions

Answer is "C"


0n Mar 18, 10:19 pm, Phil Kane wrote:
On Sun, 18 Mar 2007 20:37:25 CST, Larry wrote:
What about ARRL employees who are paid for amateur related work?


There is a specific exemption in the Rules for operators at W1AW.

Case in point - An ARRL tech is being paid to test, in the ARRL Lab, a new
2 meter radio for publication in the magazine companies August issue. He's
being paid to write the article and operate the radio, right?


How do you know that s/he is not operating into a dummy load? g

The answer is in the content of the communication. If the content is
on the business of the employer, it is improper. If it's just general
hamming, especially if it's under the W1AW "umbrella" then it's not
improper.

It's no different from me borrowing a specific piece of equipment to
evaluate and then writing a magazine article on it for which I am
being paid



Of course, how does a magazine company with paid subscribers get a ham
license in the first place (W1AW)??


The ARRL is a membership organization. The licensee of W1AW is the
ARRL Headquarters Operators Club, a bona fide amateur radio club. They
do not operate the station to further the publishing arm of the ARRL.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest


Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net




[email protected] March 19th 07 10:30 PM

Being paid while you operate
 
On Mar 19, 12:21�pm, wrote:
From the AE Question pool:


E1B05 (C) [97.113(c)]
When may an amateur operator accept compensation for serving as the
control
operator of an amateur station used in a classroom?
A. *Only when the amateur operator does not accept pay during periods
of time
when the amateur station is used
B. *Only when the classroom is in a correctional institution
C. *Only when the amateur operator is paid as an incident of a
teaching position
during periods of time when the station is used by that teacher as a
part of
classroom instruction at an educational institution
D. *Only when the station is restricted to making contacts with
similar stations
at other educational institutions

Answer is "C"

The key part of that is in the question.

It asks about accepting "compensation for serving as the control
operator of an amateur station"

In other words, acting as the control operator has to be
part of the job itself, not an incidental activity.

If a ham gets a paid lunch or break period and operates
an amateur station during that time, s/he isn't being paid to
do so. It's not part of the job.

Being paid *while* operating is not the same as
being paid *for* operating.

73 de Jim, N2EY


Russ March 20th 07 06:40 PM

Being paid while you operate
 
Being a Taxi driver and being dispatched by amateur radio = No - No!
Being a Taxi driver and visiting with friends on the local 2-meter while
waiting for a fa No Problem.

Being an engineer for BNSF and talking to the conductor about the condition
of the train with 2-meter ham radio's = NO-NO!

Being a engineer/conductor and talking to the automobile driving down the
highway about the train on 2 meter simplex: No problem.

Space Shuttle (ISS) astronauts use Sarex to talk to school children all the
time, no problem, but if NASA used the amateur radio equipment to control
the flight then there would be a problem.

If you use the ham equipment IN/FOR your job is the problem.
If you use the ham equipment while at your job is only a problem if it
interfeers with your job performance.



Simple logic rules.
Russ

"Rick" wrote in message
...

In studying for my Extra, using the ARRL Extra Class License Manual
(2001), I came across an interesting note...

"There is a general rule that you may not be paid to operate your Amateur
Radio station. In most cases this also means that you cannot operate an
Amateur Radio station during the time that you are being paid by your
employer."

Does this mean that if I'm sitting at my desk at work, doing a job that
doesn't have anything to do with radio, and during break time I pick up my
HT and call someone on the local repeater, that I'm violating FCC rules?

That would be a bizarre interpretation, and not anything I've ever seen
before in 42 years as a ham...



Ivor Jones March 20th 07 07:25 PM

Being paid while you operate
 
"Russ" wrote in message
et
Being a Taxi driver and being dispatched by amateur radio
= No - No! Being a Taxi driver and visiting with friends on the
local 2-meter while waiting for a fa No Problem.


An interesting topic, but IMHO there are two distinct things he

[1] being paid *to* operate and
[2] being paid *while* operating.

[1] is obviously a no-no but I see no problem with [2] - it is no
different from what I can see to doing anything else personal while at
work, i.e. reading a newspaper while having a cup of coffee in a spare few
minutes or chatting to a colleague.

Unfortunately, my office itself is very well shielded from any local
repeaters, but if I'm out and about around the site I'll often carry a
handheld around with me.

73 Ivor G6URP



Rick[_3_] March 20th 07 07:57 PM

Being paid while you operate
 
On Tue, 20 Mar 2007 14:40:22 -0400, Russ wrote:

Being a Taxi driver and being dispatched by amateur radio = No - No!
Being a Taxi driver and visiting with friends on the local 2-meter while
waiting for a fa No Problem.


Right. I agree with that. And it's been my interpretation of the rules
for 44 years.

But, now along comes the ARRL and, in their Extra Class License Manual,
says "There is a general rule that you may not be paid to operate your
Amateur Radio station. In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

Where do you suppose they came up with that goofball interpretation of the
rule?


who knows March 21st 07 12:38 AM

Being paid while you operate
 

"Rick" wrote in message
...
On Tue, 20 Mar 2007 14:40:22 -0400, Russ wrote:

Being a Taxi driver and being dispatched by amateur radio = No - No!
Being a Taxi driver and visiting with friends on the local 2-meter while
waiting for a fa No Problem.


Right. I agree with that. And it's been my interpretation of the rules
for 44 years.

But, now along comes the ARRL and, in their Extra Class License Manual,
says "There is a general rule that you may not be paid to operate your
Amateur Radio station. In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

Where do you suppose they came up with that goofball interpretation of the
rule?


Sounds like it would be a good idea to ask Riley Hollingsworth for
clarification?

Keith G Malcolm
VK1ZKM
22 Mar 2007



[email protected] March 21st 07 12:47 AM

Being paid while you operate
 
On Mar 20, 11:57�am, Rick wrote:
On Tue, 20 Mar 2007 14:40:22 -0400, Russ wrote:
Being a Taxi driver and being dispatched by amateur radio = No - No!
Being a Taxi driver and visiting with friends on the local 2-meter while
waiting for a fa *No Problem.


Right. *I agree with that. *And it's been my interpretation of the rules
for 44 years.

But, now along comes the ARRL and, in their Extra Class License Manual,
says "There is a general rule that you may not be paid to operate your
Amateur Radio station. *In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

Where do you suppose they came up with that goofball interpretation of the
rule?


I suggest checking out the NCVEC and their Extra question
pool. See www.ncvec.org.

73, Len


[email protected] March 21st 07 11:50 AM

Being paid while you operate
 
On Mar 20, 2:57�pm, Rick wrote:
On Tue, 20 Mar 2007 14:40:22 -0400, Russ wrote:
Being a Taxi driver and being dispatched by amateur radio = No - No!
Being a Taxi driver and visiting with friends on the local 2-meter while
waiting for a fa *No Problem.


Right. *I agree with that. *And it's been my interpretation of the rules
for 44 years.

But, now along comes the ARRL and, in their Extra Class License Manual,
says "There is a general rule that you may not be paid to operate your
Amateur Radio station. *


And that's true. Except in certain specific cases, an
Amateur Radio operator cannot be paid to operate
an Amateur Radio station.

In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

That's true as well - in *most* cases. Not *all* cases.

Where do you suppose they came up with that goofball interpretation of the
rule?


It's not a "goofball interpretation" at all. It's just common
sense. In *most* cases you cannot legally operate an
Amateur Radio station during the time that you are being paid by your
employer.

The exceptions a

- Teachers and other educators that use Amateur Radio as
part of the curriculum (that's in the rules)
- Break times, layover/rest times and meal periods, when
the employee is being paid but is not expected to be working.
- Space Shuttle and other space operations (generally considered to be
a combination of the above two exceptions)
- In an emergency situation if all other means of
communication are not available. (This applies to just about
any radio available - but it better be a real emergency!)

Just common sense.

btw, someone gave some examples, such as the BNSF
locomotive engineer and the taxi driver. It should be noted
that while *FCC* Part 97 rules may permit the operations
described, that does not make them 100% OK.

Many employers have rules prohibiting their employees'
on-duty use of radios other than those provided by the
employer. In some cases this includes personal cell
phones. The idea is to eliminate distractions, and the
possibility of interference between radio systems. Of
course this does not apply in an emergency if the normal
means of communication aren't available, and the employer's rules
usually allow for that.

It doesn't do amateur radio any good if an employee comes
under disciplinary action or is fired for operating an amateur
radio station on the job. Particularly if that operation
compromises safety or getting the job done.

73 de Jim, N2EY


Dennis Brothers March 21st 07 01:18 PM

Being paid while you operate
 

"Larry" wrote in message
...

Hospital workers and emergency service personnel are all being "paid" to
operate ham radio after they get their licenses, as are NOAA Weather
Bureau
bureaucrats at WX4CHS, at the Charleston Weather Bureau Office.

None that I know of have been busted.

Larry W4CSC
--


This was explicitely addressed in the October Omnibus Report & Order:

52. Mr. DiGennaro also requests that we amend Section 97.113 our Rules,
which
prohibits "[c]ommunications for hire or for material compensation, direct or
indirect, paid or
promised," by amateur stations,227 to clarify that amateur licensees who, by
virtue of their
employment, are directly involved in facilitating relief and recovery in
times of disaster are not
prohibited from effecting emergency communications using amateur radio.228
We conclude that
the proposed rule change is not necessary, however, because Section 97.113
does not prohibit
amateur radio operators who are emergency personnel engaged in disaster
relief from using the
amateur service bands while in a paid duty status.229 These individuals are
not receiving
compensation for transmitting amateur service communications; rather, they
are receiving
compensation for services related to their disaster relief duties and in
their capacities as
emergency personnel.230

- Dennis Brothers, N1DB


Russ March 21st 07 02:59 PM

Being paid while you operate
 

wrote in message
oups.com...
On Mar 20, 2:57�pm, Rick wrote:
On Tue, 20 Mar 2007 14:40:22 -0400, Russ wrote:


And that's true. Except in certain specific cases, an
Amateur Radio operator cannot be paid to operate
an Amateur Radio station.

In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

That's true as well - in *most* cases. Not *all* cases.

Where do you suppose they came up with that goofball interpretation of
the
rule?


It's not a "goofball interpretation" at all. It's just common
sense. In *most* cases you cannot legally operate an
Amateur Radio station during the time that you are being paid by your
employer.

The exceptions a

- Teachers and other educators that use Amateur Radio as
part of the curriculum (that's in the rules)
- Break times, layover/rest times and meal periods, when
the employee is being paid but is not expected to be working.
- Space Shuttle and other space operations (generally considered to be
a combination of the above two exceptions)
- In an emergency situation if all other means of
communication are not available. (This applies to just about
any radio available - but it better be a real emergency!)

Ok...
I'm on a salary, I get paid for a week of work but I take a day off to go
fishin'... I talk on my 2mtr and by your interpertation, I'm illegal because
I'm using my 2mtr while I'm getting paid.

I think a little common sense goes a long ways here.

Now, the rule was meant that amateurs can not and will not use their radio
for conducting business. That's the illustration of the taxi driver or the
railroad engineer. They can't conduct actual business over amateur radio
while at work or when off. They can, however, if within the rules and
regulations of their particular company, talk to friends about non-business
related chit-chat.

I have worked for an automotive dealer for 30 years. I catch myself giving
automotive advise (service/parts type of advise) and wonder if I'm violating
the business rule. I've had many private discussions with VE's and many
others, and we figured out that as long as I don't ask them to come down and
purchase a part/have the service done/ buy a car from me then I'm ok giving
advise on how to fix the problem or what to look for or what to buy or how
to do it, etc.

Now, while at work, and I see a storm comming, I'll make my report. If I'm
takin' a break and go outside and talk to a friend on a machine for 5~10
minutes, I'm not breaking any FCC rules, nor am I breaking any company rules
about radio communications.



Dee Flint March 21st 07 10:20 PM

Being paid while you operate
 

"Russ" wrote in message
.. .

wrote in message
oups.com...
On Mar 20, 2:57�pm, Rick wrote:
On Tue, 20 Mar 2007 14:40:22 -0400, Russ wrote:


And that's true. Except in certain specific cases, an
Amateur Radio operator cannot be paid to operate
an Amateur Radio station.

In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

That's true as well - in *most* cases. Not *all* cases.

Where do you suppose they came up with that goofball interpretation of
the
rule?


It's not a "goofball interpretation" at all. It's just common
sense. In *most* cases you cannot legally operate an
Amateur Radio station during the time that you are being paid by your
employer.

The exceptions a

- Teachers and other educators that use Amateur Radio as
part of the curriculum (that's in the rules)
- Break times, layover/rest times and meal periods, when
the employee is being paid but is not expected to be working.
- Space Shuttle and other space operations (generally considered to be
a combination of the above two exceptions)
- In an emergency situation if all other means of
communication are not available. (This applies to just about
any radio available - but it better be a real emergency!)

Ok...
I'm on a salary, I get paid for a week of work but I take a day off to go
fishin'... I talk on my 2mtr and by your interpertation, I'm illegal
because I'm using my 2mtr while I'm getting paid.


No, the "Break times....." comment applies to the day off situation. You
are getting paid but you are not expected to be working. And you are not
getting paid to specifically operate that radio.

Dee, N8UZE



Phil Kane March 23rd 07 06:29 AM

Being paid while you operate
 
On Tue, 20 Mar 2007 14:40:22 EDT, "Russ" wrote:

Being a engineer/conductor and talking to the automobile driving down the
highway about the train on 2 meter simplex: No problem.


YES problem. The FRA and most railroads' rule books prohibit train
operating crews from using any communication system not related to
train operation or safety (reporting incidents) while on duty.

Whether crewmenbers adhere to that or not is up to the individual, his
union representative, and the powers-that-be if caught.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


Phil Kane March 23rd 07 06:29 AM

Being paid while you operate
 
On Tue, 20 Mar 2007 15:57:45 EDT, Rick wrote:

But, now along comes the ARRL and, in their Extra Class License Manual,
says "There is a general rule that you may not be paid to operate your
Amateur Radio station. In most cases this also means that you cannot
operate an Amateur Radio station during the time that you are being paid
by your employer.".

Where do you suppose they came up with that goofball interpretation of the
rule?


I think that it's a very clear statement. "In most cases" means just
what it says. There are exceptions.
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Phil Kane March 23rd 07 06:29 AM

Being paid while you operate
 
On Tue, 20 Mar 2007 20:38:36 EDT, "who knows"
wrote:

Sounds like it would be a good idea to ask Riley Hollingsworth for
clarification?


Don't bother -- he clarified it many years ago, in public. This
question comes up every so often because folks don't remember the
answer.

This should be made clear in the first ten minutes of any ham radio
training course at any level.

No personal offenses intended....g
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Newby March 23rd 07 12:18 PM

Being paid while you operate
 

"Phil Kane" wrote in message
...
On Tue, 20 Mar 2007 20:38:36 EDT, "who knows"
wrote:

Sounds like it would be a good idea to ask Riley Hollingsworth for
clarification?


Don't bother -- he clarified it many years ago, in public. This
question comes up every so often because folks don't remember the
answer.

This should be made clear in the first ten minutes of any ham radio
training course at any level.

No personal offenses intended....g
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net

Since you have the knowledge, why not share it?



who_me? March 23rd 07 02:58 PM

Being paid while you operate
 

"Phil Kane" wrote in message
...
On Tue, 20 Mar 2007 14:40:22 EDT, "Russ" wrote:

Being a engineer/conductor and talking to the automobile driving down the
highway about the train on 2 meter simplex: No problem.


YES problem. The FRA and most railroads' rule books prohibit train
operating crews from using any communication system not related to
train operation or safety (reporting incidents) while on duty.

Whether crewmenbers adhere to that or not is up to the individual, his
union representative, and the powers-that-be if caught.
--

It was an illustration---an analogy, not meant to be Gospel!
Not everything should be taken in a 100% wooden, literal sense!
Gee,
Russ
KW5KW

73 de K2ASP - Phil Kane



Rick[_3_] March 23rd 07 05:38 PM

Being paid while you operate
 
On Fri, 23 Mar 2007 02:29:26 -0400, Phil Kane wrote:

I think that it's a very clear statement. "In most cases" means just
what it says. There are exceptions.


Like... just about all of them. I have a hard time coming up with many
instances where it's any of the FCC's business whether I talk on the radio
on company time, as long as I'm not being paid to talk on the radio. It's
between me and my employer, and the FCC rarely has any jurisdiction or
enforcement power over company rules and policies.


Phil Kane March 25th 07 05:01 AM

Being paid while you operate
 
On Fri, 23 Mar 2007 08:18:40 EDT, "Newby" wrote:

Don't bother -- he clarified it many years ago, in public. This
question comes up every so often because folks don't remember the
answer.

This should be made clear in the first ten minutes of any ham radio
training course at any level.

No personal offenses intended....g


Since you have the knowledge, why not share it?


"The knowledge" was posted by me and others yesterday.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


Phil Kane March 25th 07 05:02 AM

Being paid while you operate
 
On Fri, 23 Mar 2007 10:58:42 EDT, "who_me?" wrote:

It was an illustration---an analogy, not meant to be Gospel!
Not everything should be taken in a 100% wooden, literal sense!


It is well known that I am a communications attorney whose practice
involves dealing with the FCC and other regulatory agencies on
compliance matters. One takes things in a 100% wooden sense or one
does not succeed in that business.

And as I tell my clients - and a lot of them are hams - if you try to
get away with something and get caught, how will you explain it? The
:dude" defense - some other dude did it - doesn't go in regulatory
matters. I prefer to keep my clients from getting into trouble by
giving them the straight scoop, so to speak.

As far as railroading goes, it is well known that that's my avocation
and I know the operating rules almost as well as I know the FCC rules.
If you think that the FCC rules are complex, you ought to see the
Federal Railroad Administration rules!
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Phil Kane March 25th 07 05:27 AM

Being paid while you operate
 
On Fri, 23 Mar 2007 13:38:10 EDT, Rick wrote:

On Fri, 23 Mar 2007 02:29:26 -0400, Phil Kane wrote:

I think that it's a very clear statement. "In most cases" means just
what it says. There are exceptions.


Like... just about all of them. I have a hard time coming up with many
instances where it's any of the FCC's business whether I talk on the radio
on company time, as long as I'm not being paid to talk on the radio.


Because of international treaties upon which the US is a signatory,
the Amateur Radio Service has specific restrictions on what
communications are prohibited and which are allowed.

You, I, and the FCC all agree that it's not the FCC's business WHEN
you transmit, it's WHAT you are transmitting that counts. The
bottom line is you can't use amateur radio for the benefit of the
employer or if you are being paid to operate, with the exception under
which specific organizations (the ARRL is only one of them) can pay
operators for operating.

It's between me and my employer, and the FCC rarely has any jurisdiction or
enforcement power over company rules and policies.


In general you are right, as long as the company rules do not require
you to, or give you permission to, violate communication laws.
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Russ March 27th 07 08:59 AM

Being paid while you operate
 

"Phil Kane" wrote in message
...
On Fri, 23 Mar 2007 10:58:42 EDT, "who_me?" wrote:

It was an illustration---an analogy, not meant to be Gospel!
Not everything should be taken in a 100% wooden, literal sense!


It is well known that I am a communications attorney whose practice
involves dealing with the FCC and other regulatory agencies on
compliance matters. One takes things in a 100% wooden sense or one
does not succeed in that business.


I could discuss this for a while here and there, but a cement truck driver
could talk on 2m while driving his truck BUT said driver could not use his
radio to talk to the dispatcher about where to deliver his load.

Like I said it's an analogy--an illustration.

I'm glad you're on our side, can you help with self-defense if I accidently
print and loose my other license here in TX?

Russ - KW5KW


And as I tell my clients - and a lot of them are hams - if you try to
get away with something and get caught, how will you explain it? The
:dude" defense - some other dude did it - doesn't go in regulatory
matters. I prefer to keep my clients from getting into trouble by
giving them the straight scoop, so to speak.

As far as railroading goes, it is well known that that's my avocation
and I know the operating rules almost as well as I know the FCC rules.
If you think that the FCC rules are complex, you ought to see the
Federal Railroad Administration rules!
--

CHL laws are complex as well!
Russ

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net



Phil Kane March 28th 07 01:46 AM

Being paid while you operate
 
On Tue, 27 Mar 2007 03:59:04 EDT, "Russ" wrote:

I'm glad you're on our side, can you help with self-defense if I accidently
print and loose my other license here in TX?


Don't know what you mean by "print and loose my other license here in
TX". Does it relate to ham radio?
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net



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