Third Parties

[W7NI at delphi.com]

I just read N0AX's inspiring article in the NCJ about his ten year old
twin sons and their 9 year old friend working with Ward as a multi-single
in a phone DX contest.  What a neat way to get more young people interested
in contesting!

Unfortunately, I have some real concerns about the legality of what apparently
took place.  Wards said the boys worked 63 mults so I assume (maybe incorrectly)
that at lk??least some of the stations they worked were located in countries
that do not have third party traffic agreements with the United States.  
After reading Ward's article, I carefully reviewed Part 97 and can only
conclude that each person who speaks over the mike of an amateur radio station
fits into one of three categories:  first part, second party, or third party.
The first party is the control operator, the second party is the operator of
the station on the other end, and everyone else is a third party.  Of course, 
if there is another ham in your shack, he can take over as control operator
and talk to the second party (if, in fact, he is licensed to be the control
operator on the frequency in use).

There is little doubt that written messages are not allowed from a third
party without a specific agreement.  Phone patches are also prohibited
without an agreement and a phone patch is, after all, nothing more than a
long cord on your mike and headset.  The rules seem quite clear to me that
visitors in your shacki?? a?? shack (third parties) can't even say hello
over the air to a ham in another country without an internaitonal
agreement in place.

This brings up another issue that I am sure few on this reflector wnat to 
mention.  How does this impact guest operators with General or Advanced
Class licenses who operate in the Extra protion of the band?  Clearly they
are operatingt as third parties since they can't be the control operator
there.

I have a feeling that violations of this nature are very common indeed.
Stricltly speaking, guest ops who violate this FCC rule should cause the
station they are operating for to be discqualified since any violation
of an FCC rule is grounds for disqualification.  I believe it is common
practice for General Class and Advanced Class operators at multi operator
stations to volunteer their timeat such a station just so they can operate
with little risk in the Extra portion of the band.

Not wanting to go on my opinion alone, I asked for the opinion of Oregon
Circuit Cop?? Court Judge Greg Milnes, W7QG?? W7AGQ , and he could not find
fault with my conclusion.

This issue may have been ruled on by the FCC in the past and discussed on
this reflector, but not in the last 6 months that I have been here.  As a
matter of fact, I have never heart?? heard this issue openly discussed for
the 41 years that I have been a ham.  Where am I going wrong with this
analysis?  I would sure lk?? like to invite a few kids in to experience
the thrill of crashing a pileup in a DX contest since my station is fully\
operationsl but sits idle 99% of the time.

Stan

W7NI at delphi.com