[CQ-Contest] A smoking gun? (was RE: KP2MM Disqualified in ARRL CW 2012)

[w1md at cfl.rr.com]

I guess you didn't really read my note did you Dick... :)

This was one of the area's I was calling out...if you read down the looooooong thread.

Marty
W1MD

---- Dick Green WC1M <wc1m73 at gmail.com> wrote: 
> Hmmm. I may have found a smoking gun that kills the argument being advanced
> about the presence of the control operator. FCC Part 97 says:
> 
>  
> 
> (a)   The station licensee is responsible for the proper operation of the
> station in accordance with the FCC Rules. When the control operator is a
> different amateur operator than the station licensee, both persons are
> equally responsible for proper operation of the station.
> 
>  
> 
> So, if I do a guest Single-Op at K5ZD and use his call sign, Randy
> designates me as the control op but he remains the station op. In this case,
> by the rule quoted above, the FCC requires both of us to ensure proper
> operation of the station. The rules don't specifically require it, but I
> would think in order to do the job required by the FCC, Randy must be
> present at the control point. Even if he's not required to be there all of
> the time, the rule implies that he must be there at least some of the time
> to ensure proper station operation.
> 
>  
> 
> Since Randy's presence is implicitly required in order to comply with FCC
> rules, does this turn my Single-Op into a Multi-Op? If so, we really do have
> 30 years of widespread violations on our hands!
> 
>  
> 
> 73, Dick WC1M
> 
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