We were told:
EU rules do not apply to amateur radio transmissions made from within the
USA under any circunstances.
Where the operator is located is completely irrelevant.
What happens on the air from a USA station is governed by US FCC Law -
nothing else.
US Law applies and the operators must comply with FCC rules as if they
were
physically within the USA.
CEPT only applies for those with a physical presence. So CEPT is not
valid for use for remote operation anywhere by anyone. Clarified by
CEPT itself - I guess because too many folks can't understand what the
words mean. Is it really that difficult?
From
http://cept.org/files/17914/FAQ%20Radio%20Amateur%20Updated%208%20February%202017.docx
"Can an amateur from a country listed in Annexes 2 or 4 of T/R 61-01
remotely operate an amateur station in another country listed in Annexes
2 or 4, using the provisions of T/R 61-01?
No, the issue of remote operation has surfaced in recent years following
the decision of a number of CEPT and non CEPT administrations to permit
the connection of amateur stations to the Internet (directly or
indirectly), which facilitates remote operation.
Recommendation T/R 61-01 as approved in 1985 made it possible for
licensed radio amateurs from CEPT countries to operate during short
visits in other CEPT countries without obtaining an individual temporary
licence from the visited CEPT country. The physical presence of the
operator at the station is therefore required as evidenced in the
following text.
Nowhere in T/R 61-01 is remote operation mentioned or text included
which suggests such operation is permitted. In addition T/R61-01 states in:
RECOMMENDS:
1. that CEPT member administrations recognise the principle of the
CEPT radio amateur licence issued under the conditions specified in
ANNEX 1: and ANNEX 2:, on which the administrations of the countries
visited will not levy administrative charges or spectrum fees;
2. that administrations, not being members of CEPT, accepting the
provisions of this Recommendation, may apply for participation in
accordance with the conditions laid down in ANNEX 3 and ANNEX 4, and in
Paragraph 2 of ANNEX 1 of Recommendation T/R 61-01.
CONDITIONS OF UTILISATION
2.1 On request the licence holder shall present his CEPT radio
amateur licence to the appropriate authorities in the country visited.
2.2 The licence holder shall observe the provisions of the ITU Radio
Regulations, this Recommendation and the regulations in force in the
country visited. Furthermore, any restrictions concerning national and
local conditions of a technical nature or regarding the public
authorities must be respected. Special attention should be paid to the
difference in frequency allocations to the radio amateur services in the
three ITU Regions
2.3 When transmitting in the visited country the licence holder must
use his national call sign preceded by the call sign prefix of the
visited country.."
Other abuse of CEPT being tolerated in radiosporting is also unfortunate.
-KB7G/KH6.
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