I went through this in the early 90's. This was for a multi-op situation where
we wanted lower class to operate a little under the Extra's supervision. I did
get the rule about staying in your class license removed for a year or two, but
then it came back. I almost agree in a single op situation since the person
most likely would not be there the full time. But in a multi-op we were trying
to get more people interested in contesting. Here is the legal explanation
regarding the FCC side of things I got from the ARRL. As I said, I did get
that 3.1 removed for a year or two but then it came back. I would have to dig
to find any other correspondence (Google search might find more). Got this in
letter form too.:
> February 8, 1994
>Dan R. Violette, KI6X
>1122 E. Sail Ave.
>Orange, CA 92665
> ARRL Vice President Tom Frenaye, K1KI, shared your recent contest reflector
>comments with us for comment. I am addressing the legal issues; the CAC
>issues need to be addressed separately.
> First, "A station may only be operated in the manner and to the extent
>permitted by the privileges authorized for the class of operator license held
>by the control operator." [97.105(b)]. Thus, a Technician isn't eligible to be
>the control operator of the station while it is transmitting on twenty meters.
> A Technician, however, is eligible to be "a control operator" of any
>station. This is true even though he or she cannot act as THE control
>operator at times when the station is being operated on frequencies beyond his
>or her license class.
> The Commission specifically acknowledged in the Part 97 rewrite proceeding
>in 1989 that messages sent between amateur stations on behalf of another
>amateur licensee are not third party traffic. See, the Report and Order,
>Docket 88-139, 4 FCC Rcd. 4719 (1989), at paragraphs 39 and 42. The FCC, at
>the League's request, concurred with the prior holding of the United
>Kingdom's Department of Trade and Industry, that "the passing of messages on
>behalf of other licensed radio amateurs (at home and abroad) does not
>contravene the prohibition against third party traffic..." FCC codified that
>provision (though not clearly enough, really), at Section 97.115(a) of the
>rules, saying that "The prohibition [on international third party traffic
>with countries with which the United States does not have a third party
>traffic agreement] does not apply to a message for any third party who is
>eligible to be a control operator of the station." Notice that says "a"
>control operator, not "the" control operator.
> Therefore, while an unlicensed person operating with a licensed control
>operator, is limited to communications only with the United States stations
>and with those stations located in countries with which the United States has
>a third party traffic agreement. Any licensed amateur can operate any station
>and participate in international communications as long as there is a control
>operator on hand who is licensed to operate on the frequency being used. So,
>a Technician, for example, could operate at a contest station on 20 meters and
>contact any station in any country as long as there was a control operator
>present who is eligible to operate on 20 meters.
>I hope this helps clear the air on the legal aspects of the issue. The CAC
>issues should be addressed through your Division's CAC representative. If I
>can be of further assistance, please let me know. 73.
> John C. Hennessee, KJ4KB
> Regulatory Information Specialist
[mailto:firstname.lastname@example.org] On Behalf Of yuriy rakushchynets
Sent: Thursday, June 21, 2012 2:04 PM
Subject: [CQ-Contest] KP2MM Disqualified in ARRL CW 2012
Hello to all
I was operate in ARRL CW using KP2MM (club call) trustee KV4FZ. I have
General class licence.
And Kutzko KX9X told me:
You were disqualified from the 2012 ARRL DX CW Contest for operating out of
ARRL Contest Rules state:
2.1.Entrants agree to be bound by the provisions and intent of ARRL contest
2.2.Entrants agree to be bound by the regulations of their national licensing
3.1.All operators must observe the limitations of their operator licenses and
station licenses at all times.
You hold a General class license. Your log shows significant time on 15 meters
below 21.025, on 40 meters below 7025 KHz and on 80 meters below 3525 KHz,
which is outside the General class band
And i second email:
KV4FZ’s presence is irrelevant. You entered as a Single Operator, and you are a
General Class licensee.
You are the Control Operator in a Single Op log.
As a Single-Op, you must operate under the limits of your license.
If KV4FZ was your Control Operator, you are no longer a Single Op.
You entered as Single-Op and did not meet the rules requirements. Therefore,
you are disqualified.
Sean Kutzko, KX9X
Contest Branch Manager
My question why i was disqualified if i operate under Extra class privileges
and control operator was there all of the time. And WHY i should be in MO entry
if control operator did not help me. ( Some times wife brings you coffee and
you go to MO entry?) I don't feel like i broke FCC or ARRL rules.
I was operate in many contest and never got this before, but now when i clam
high score Unassisted is happening. Of course, the easiest way to pass the
Extra class exam, but I wonder if I violated any rule or, or not?
Need your opinion
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