Daily Digest

Vol. 28 No. 207 October
20, 2009

THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY:

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PUBLIC NOTICES

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Report No: 47094 Released: 10/20/2009. BROADCAST ACTIONS. MB
http://hraunfoss.fcc.gov/edocs_publi...C-294063A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...C-294063A2.txt


Report No: 27094 Released: 10/20/2009. BROADCAST APPLICATIONS. MB
http://hraunfoss.fcc.gov/edocs_publi...C-294062A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...C-294062A2.txt


Released: 10/20/2009. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT
PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS (1 OF 2). OMD .
Contact: Jason Lewis at (202) 418-0310
http://hraunfoss.fcc.gov/edocs_publi...C-294097A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...C-294097A1.txt


Released: 10/20/2009. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT
PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS (2 OF 2). OMD .
Contact: Jason Lewis at (202) 418-0310
http://hraunfoss.fcc.gov/edocs_publi...C-294098A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...C-294098A1.txt


Released: 10/20/2009. AMATEUR SERVICE COMMUNICATIONS DURING
GOVERNMENT DISASTER DRILLS. (DA No. 09-2259). WTB
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.txt



* * * * *

ADDENDA: THE FOLLOWING ITEMS, RELEASED OCTOBER 19, 2009, DID NOT APPEAR
IN DIGEST NO. 206:

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PUBLIC NOTICES

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Released: 10/19/2009. RURAL BROADBAND REPORT PUBLISHED IN FCC RECORD.
(DA No. 09-2258). (Dkt No 09-29 ). WCB
http://hraunfoss.fcc.gov/edocs_publi...-09-2258A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2258A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2258A1.txt


Released: 10/19/2009. DOMESTIC SECTION 214 APPLICATION FILED FOR THE
TRANSFER OF CONTROL OF LOWRY TELEPHONE COMPANY, LLC FROM NORTH HOLDINGS,
INC. TO RUNESTONE TELEPHONE ASSOCIATION. (DA No. 09-2253). (Dkt No
09-188 ) NON-STREAMLINED PLEADING CYCLE ESTABLISHED. Comments Due:
11/02/2009. Reply Comments Due: 11/09/2009. WCB . Contact: Tracey
Wilson-Parker at (202) 418-1394 or Jodie May at (202) 418-0913
http://hraunfoss.fcc.gov/edocs_publi...-09-2253A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2253A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2253A1.txt

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TEXTS

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RCN CORPORATION. Granted the Petition. Action by: Chief, Media
Bureau. Adopted: 10/09/2009 by ORDER. (DA No. 09-2260). MB
http://hraunfoss.fcc.gov/edocs_publi...-09-2260A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2260A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2260A1.txt


COUNTY OF CHARLES, MARYLAND AND SPRINT NEXTEL CORPORATION. Approved
certain portions of Charles County's estimated consultant and vendor
costs and disapprove other portions of these estimated costs. (Dkt No.
02-55 ). Action by: Deputy Chief, Public Safety and Homeland Security
Bureau. Adopted: 10/19/2009 by MO&O. (DA No. 09-2252). PSHSB
http://hraunfoss.fcc.gov/edocs_publi...-09-2252A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2252A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2252A1.txt

On Wed, 21 Oct 2009 07:31:47 EDT, wrote:

Released: 10/20/2009. AMATEUR SERVICE COMMUNICATIONS DURING
GOVERNMENT DISASTER DRILLS. (DA No. 09-2259). WTB
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.txt


For our local ARES/RACES group, this is going to complicate our drill
planning. Our RACES Radio Officer is employed by the County Emergency
Management Dept. More red tape.

Dick AC7EL

In Richard
wrote:

On Wed, 21 Oct 2009 07:31:47 EDT, wrote:

Released: 10/20/2009. AMATEUR SERVICE COMMUNICATIONS DURING
GOVERNMENT DISASTER DRILLS. (DA No. 09-2259). WTB
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.txt


For our local ARES/RACES group, this is going to complicate our drill
planning. Our RACES Radio Officer is employed by the County Emergency
Management Dept. More red tape.

Does this bear on your situation?

The FCC.s Report and Order, FCC 06-149, 21 FCC Rcd.11643,
released October 10, 2006, clarifies the rules for employees by
stating that ¡°Section 97.113 does not prohibit amateur radio
operators who are emergency personnel engaged in disaster relief
from using the amateur service bands while on paid duty status.
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.¡±

http://www.arrl.org/news/files/ARRL_...Guidelines.pdf



--
Bert Hyman W0RSB St. Paul, MN

On Wed, 21 Oct 2009 15:29:04 EDT, Bert Hyman wrote:

In Richard
wrote:

On Wed, 21 Oct 2009 07:31:47 EDT, wrote:

Released: 10/20/2009. AMATEUR SERVICE COMMUNICATIONS DURING
GOVERNMENT DISASTER DRILLS. (DA No. 09-2259). WTB
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-09-2259A1.txt


For our local ARES/RACES group, this is going to complicate our drill
planning. Our RACES Radio Officer is employed by the County Emergency
Management Dept. More red tape.

Does this bear on your situation?

The FCC.s Report and Order, FCC 06-149, 21 FCC Rcd.11643,
released October 10, 2006, clarifies the rules for employees by
stating that ¡°Section 97.113 does not prohibit amateur radi
o
operators who are emergency personnel engaged in disaster relief
from using the amateur service bands while on paid duty status.
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.¡
±

http://www.arrl.org/news/files/ARRL_...Guidelines.pdf

Not really.

The October 10, 2006 R&O applies only in actual emergencies. The 2009
Public Notice reiterates that position, but adds that they cannot use
ham bands for drills without special waivers.

In the Yahoo group "Amateur Radio", I saw this posted:

+ Subject: [amateur_radio] Fw: [LEARC] Digest Number 645 / Ham
+ Explains Why Hes Quitting EMMCOMM At Work
+ From: LJ Dumas
+ Date: Fri, 18 Sep 2009 06:34:28 -0700 (PDT)
+
+
+
+ I'm sure some/many of you have seen this; but I think it's important
+ to get this 'out there' both for the chilling effect on ARES and
+ because of the negative view of EMCOMM by many hams noted further
+ down.
+
+
+ 73
+
+
+ L Joseph Dumas
+ N2LJD/4
+ WQFE734
+ ARRL VE
+ FISTS 11132
+ DOS (Digital On Six) 387
+ Fairfax Co (VA) ARES Training Officer
+
+
+ "I prefer the wicked rather than the foolish. The wicked sometimes
rest." - Alexandre Dumas (père)
+
+
+ --- On Fri, 9/18/09,
wrote:
+
+
+ From:
+ Subject: [LEARC] Digest Number 645
+ To:
+ Date: Friday, September 18, 2009, 7:31 AM
+ There is 1 message in this issue.
+
+ Topics in this digest:
+
+ 1. Ham Explains Why Hes Quitting EMMCOMM At Work
+
+ From: N2OBS
+
+
+ Message
+ __________________________________________________ ________
+ 1. Ham Explains Why Hes Quitting EMMCOMM At Work
+ Posted by: "N2OBS"
+ wucherer1968
+ Date: Fri Sep 18, 2009 4:12 am ((PDT))
+
+ To the group, would like to know your thoughts of the
+ recent subject of amateur radio with emergency
+ communications. This text came from the amateur radio
+ newsline and since its topic is about amateur radio and
+ emergency communications thought to share with the
+ group. 73
+
+ ENFORCEMENT: HAM EXPLAINS WHY HES QUITTING EMMCOMM AT
+ WORK
+
+ A ham who posted on an Internet website that he had
+ assisted in an
+ emergency communications drill at work has come forward to
+ explain why he was contacted about his action by FCC ham
+ radio rules enforcer Laura Smith. Amateur Radio
+ Newsline's Norm Seeley, KI7UP, has mo
+
+ --
+
+ In his posting to the QRZ.com website, Jeffery Casselberry,
+ W0WLS, says that last July he volunteered to take part in a
+ state sanctioned
+ communication drill which was backed by the Missouri
+ Hospital
+ Association. At that time he was the only licensed
+ amateur in the
+ facility so he said yes.
+
+ According to Casselberry this drill took place during
+ business hours
+ while he was on the clock. He explained that he had
+ built the amateur station for the hospital and with it the
+ facility better than most in communicating locally and to
+ the state capital.
+
+ W0WLS went on to say that he was so thrilled about the
+ drills success
+ that what he made what he terms as the mistake of posting
+ his
+ excitement on the QRZ website. Someone who read it
+ decided to cut and paste his comments and send them
+ off to the FCC. As a result, W0WLS says that he
+ received an informal email from the FCC's Smith
+ acknowledging his violation and requesting a response.
+
+ Casselberry says that he responded to Smith and explained
+ in detail the events of his alleged violation. Smith
+ responded with the following e-mail which reads as follows
+ and we quote:
+
+ "Jeff: Again, just so we are clear, Section 97.113 (a)(3)
+ of the
+ Commission's rules specifically states that "no amateur
+ station shall
+ transmit: communications in which the station licensee or
+ control
+ operator has a pecuniary interest, including communications
+ on behalf
+ of an employer." This means that if you are an employee of
+ the hospital you may not operate the amateur equipment on
+ their behalf even after hours or while you are on a break.
+ The operation of the amateur equipment must be conducted
+ strictly by volunteers." -- end quote.
+
+ Casselberry went on to say that he does not want to become
+ a poster
+ child for some emergency communications cause on
+ QRZ.com. He says that he is done with this type of ham
+ radio activity and it will never happen again. He's
+ even gone so far as to tell his employer that he is done
+ with this type of radio activity and will take no further
+ part in it's emergency communications program.
+
+ W0WLS ends by noting that he is a hobbyist and don't need
+ this sort of turmoil in my life. As such, he will make
+ no further comments on this issue.
+
+ I'm Norm Seeley, KI7UP, in Scottsdale, Arizona, reporting
+ for the
+ Amateur Radio Newsline.
+
+ ftp://ftp.arnewsline.org/quincy/News/news.txt
+
+ From the United States of America, We are the Amateur Radio
+ Newsline,
+ heard on bulletin stations around the world including the
+ NS9RC
+ repeater of the North Shore Amateur Radio Club and their
+ net serving
+ Highland Park Illinois.
+
+ (5 sec pause here)
+
+ RADIO RULES: PECUNIARY INTEREST - A QST
+ EDITORIAL BY K1ZZ
+
+ Whether or not you are a member of the ARRL, the editorial
+ in the
+ September issue of QST Magazine is must reading for any
+ radio amateur
+ who is even remotely concerned over the rising problem of
+ ham radio
+ being used for things its was never intended. We are
+ talking about the attempt to commercialize the hobby by some
+ cities, towns and employers under the guise of it being
+ emergency preparedness. Bill Pasternak, WA6ITF, is in
+ our newsroom with mo
+
+ --
+
+ Titled "It Seems To Us: Pecuniary Interest" the editorial
+ was penned by ARRL Executive Officer Dave Sumner,
+ K1ZZ. In it he takes a close look at the level to
+ which ham radio emergency communications has matured to
+ where its looked upon as being among the most reliable in
+ the world. And because of this, there are some who
+ would exploit it as a way to have an emergency
+ communications or public service network available and on
+ call at little or no cost to a given business or
+ municipality.
+
+ Indeed, Sumner cites one case of a medical worker who
+ objected to the
+ FCC interpretation of rule 97.113(a)(3). This when
+ that unnamed worker was told that employees cannot transmit
+ communications on behalf of the hospital while on
+ duty.
+
+ Sumner's editorial says that the ARRL Board of Directors is
+ already
+ looking at the problem, but he really implies that it is
+ the nations
+ ham community that must think carefully about what its
+ being asked to
+ do by municipalities, service providers and employers
+ before signing
+ on. K1ZZ notes that there are other radio
+ services designated for the purpose of routine business
+ communications and warns that ham radio must not permit
+ itself to be exploited by those who are to frugal to use
+ them.
+
+ For the Amateur Radio Newsline, I'm Bill Pasternak, WA6ITF,
+ in the City of Angels.

Dick, AC7EL