[CQ-Contest] Borrowing Callsigns

[Michael Keane K1MK]

On 6/8/2009 2:41 PM, David Levine wrote:

> And I would ask another question to the group. If I am a guest
> operator at say a superstation and I use the call of that superstation
> and list myself as an operator, would I get Extra privileges?

Yes.

>                                    February 8, 1994
> 
> Dan R. Violette, KI6X
> 1122 E. Sail Ave.
> Orange, CA 92665
> 
> Dear Dan:
> 
>    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.
> 
>                               Sincerely,
> 
> 
> 
>                               John C. Hennessee, KJ4KB
>                               Regulatory Information Specialist
>                                             ARRL