Operate outside your privileges with a control operator per FCC requirements
and you are not dealing with third party like if the operator was
unlicensed. Here is the details from the ARRL council.
>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.
[mailto:email@example.com] On Behalf Of firstname.lastname@example.org
Sent: Saturday, June 23, 2012 5:52 PM
Subject: [CQ-Contest] control op & 3rd party agreements (was KP2MM)
>From 2+ decades ago, when I operated at a M/M and had "only" an
>advanced class license,
the received interpretation was that you could not operate outside of YOUR
license class UNLESS you had a control op.
HOWEVER, since you are operating OUTSIDE you class privileges, you
effectively have NO LICENSE when operating in, say, the Extra Class portion
of the band. That makes YOU exactly the same as an unlicensed person
operating under the auspices of a Control Op which ALSO MEANS that you can
ONLY work DX that have A 3rd party agreement with the USA. While lots of DX
do, lots do NOT. It would seem crazy to operate, say, 5kc up from the
bottom and then have to be "selective" about who you can work while the
control is present. "Sri, can't work ur country. QRZ TEST."
Obviously, this makes the question of FD moot since (almost) nobody is
working DX outside of those under the authority of the FCC and VE.
Everybody makes mistakes. That's why we are human and that's how we all
learn. Accept it and move on. Do as I did way back when and simply get
your Extra Class.
de Doug KR2Q
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