Is a ham with a lower class of license than the station licensee/control op
where he is operating permitted to communicate from that station with hams in
other countries when no third-party agreement between the countries exists?
I reread the portion of Part 97 that discusses third party communications. See
http://www.arrl.org/FandES/field/regulations/news/part97/b.html#115
I think there is some ambiguity in the language that addresses this question.
Here's the relevant portion:
"No station shall transmit messages for a third party to any station within the
jurisdiction of any foreign government whose administration has not made such
an arrangement. This prohibition does not apply to a message for any third
party who is eligible to be a control operator of the station."
How restrictive is the language " . . any third party who is eligible to be a
control operator of the station . ."?
Interpretation A: As an FCC licensed amateur - regardless of your license class
- you are eligible to be a control op of the station. Taking this view, even if
you are operating outside the privileges of your own license under the proper
supervision of a control op, you may transmit/receive third-party traffic.
Interpretation B: Your eligibility to be a control operator for the station
depends on the circumstances at the moment. If the station is being operated
outside the privileges of your license class, then you are not currently
eligible to be the control op, and you may not transmit/receive third-party
traffic.
I don't know what the intent of the rule is, but the words seem to point
towards interpretation A. If not, I would expect more restrictive wording
around the term "eligible".
Bottom line - If a ham who can do 200 per hour is interested in contesting and
wants to come and operate at my station as part of my usual multi-single
efforts, but he only holds an Advanced class license, I will allow him to run
Europe on 7001 with me as the control op. And I believe it will be legal. In
addition, many non-US licensees may also operate the station under this model
because they can be control ops under the terms of reciprocal operating
agreements.
So, it all comes down to whether or not you can do 200 per hour.
Jim Idelson K1IR
email k1ir@designet.com
web http://www.designet.com/k1ir
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