[CQ-Contest] KP2MM Disqualified in ARRL CW 2012

[Dan Violette]

I went through this in the early 90's.  This was for a multi-op situation where we wanted lower class to operate a little under the Extra's supervision.  I did get the rule about staying in your class license removed for a year or two, but then it came back.  I almost agree in a single op situation since the person most likely would not be there the full time.  But in a multi-op we were trying to get more people interested in contesting.  Here is the legal explanation regarding the FCC side of things I got from the ARRL.  As I said, I did get that 3.1 removed for a year or two but then it came back.  I would have to dig to find any other correspondence (Google search might find more).  Got this in letter form too.:

>                                   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

/Dan KI6X
-----Original Message-----
From: cq-contest-bounces at contesting.com [mailto:cq-contest-bounces at contesting.com] On Behalf Of yuriy rakushchynets
Sent: Thursday, June 21, 2012 2:04 PM
To: cq-contest at contesting.com
Subject: [CQ-Contest] KP2MM Disqualified in ARRL CW 2012

Hello to all
I was operate in ARRL CW using KP2MM (club call)  trustee KV4FZ.  I have General class licence.
And Kutzko KX9X told me:

Yuri-
 
You were disqualified from the 2012 ARRL DX CW Contest for operating out of band.
 
 
ARRL Contest Rules state:
 
2.1.Entrants agree to be bound by the provisions and intent of ARRL contest rules.
2.2.Entrants agree to be bound by the regulations of their national licensing authority.
3.1.All operators must observe the limitations of their operator licenses and station licenses at all times.
 
You hold a General class license. Your log shows significant time on 15 meters below 21.025, on 40 meters below 7025 KHz and on 80 meters below 3525 KHz, which is outside the General class band

And i second email:
KV4FZ’s presence is irrelevant. You entered as a Single Operator, and you are a General Class licensee.
 
You are the Control Operator in a Single Op log.
 
As a Single-Op, you must operate under the limits of your license.
 
If KV4FZ was your Control Operator, you are no longer a Single Op.
 
You entered as Single-Op and did not meet the rules requirements. Therefore, you are disqualified.
 
73,

Sean Kutzko, KX9X
Contest Branch Manager

My question why i was disqualified if i operate under Extra class privileges and control operator was there all of the time. And WHY i should be in MO entry if control operator did not help me. ( Some times wife brings you coffee and you go to MO entry?) I don't feel like i broke FCC or ARRL rules.
I was operate in many contest and never got this before, but now when i clam high score Unassisted is happening. Of course, the easiest way to pass the Extra class exam, but I wonder if I violated any rule or, or not?
Need your opinion

Yuri N2TTA
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