[CQ-Contest] Legalities and ethics of international remote operation?

[David Siddall]

Barry,

 FCC Part 97 requires that the YO operator MUST sign indicating the
location in the U.S., you are correct.  Otherwise, if signing W2/ (or
whatever), it probably would have been perfectly legal unless the operator
was a U.S. citizen or a non-citizen holding a U.S. amateur license.

Given some other comments on this topic, I will try to clarify what is,
unfortunately, a rather complex situation.

With regard to remote operations of U.S.-based stations, under the FCC's
Part 97 amateur regulations licensees from countries with which the U.S.
has a bilateral or multilateral agreement (CEPT is one such multilateral
agreement) may be the control operator of any U.S. station and must
identify appropriately as provided in those Rules.  There is no difference
in our rules whether the station is remote-controlled or controlled in
person, and in fact our rules explicitly authorize remote control for all
amateur stations.

More specifically, with regard to authorization, YO is part of the CEPT
agreement, so unless the YO operator is a U.S. citizen or U.S. licensee
(whether or not a citizen), the operation is permitted under Part 97 of the
FCC's Rules.  (A U.S. Citizen MUST have a U.S. FCC-issued license and is
limited to the terms thereof; an FCC licensee, whether or not a U.S.
citizen, MUST use his or her FCC license and also  is limited to the
privileges thereof.  So, for example, a Romanian citizen with a U.S.
general class license at all times is limited to operating with general
class privileges; he or she CANNOT operate using their YO license and CEPT
to gain extra privileges; whereas a Romanian citizen and licensee without a
U.S. license can operate with extra class privileges. A U.S. citizen, such
as the mayor of London (were he interested in amateur radio), can NEVER
operate a U.S. station with anything but a U.S. license, whether remote or
otherwise.

NOTE, however, that remote operational authority is not "reciprocal" in the
manner that one at first might think.  Some CEPT countries, notably some in
IARU Region 1 (including Europe), do NOT allow remote operation by U.S.
licensees who are not physically within their country or hold a national
license.  I ran into this in one EU country that I frequently visit.  I am
welcome to operate my or another's station in person or remotely when I am
physically in the country, but because the CEPT agreement technically can
be read to apply only when I am in the country itself and this country
chooses to so interpret this provision, I am NOT allowed to operate
remotely when outside the country.  If and when I obtain a national license
I will be authorized to operate from anywhere.

It isn't "reciprocal" because, in contrast, any licensee from any CEPT,
IARP, or other country with which we have a bilateral or multilateral
agreement can operate a U.S. station remotely pursuant to the pertinent
agreement.  The pertinent FCC staff has told me personally that our
regulations permit this and that this is OK.

So just be aware that although the FCC permits remote control of amateur
stations generally, just as it permits citizens from all over the world to
obtain U.S. amateur licenses, it is not necessarily the same for us in
other countries, whether CEPT or not.  One must determine the situation
before operating a foreign remote station.  Some countries DO permit it,
some don't, and many I have no idea but I would check before operating.
Merely being a CEPT or IARP country does not automatically provide the
answer.

An additional complicating factor to be aware of is that some amateur
licensees, particularly it seems within IARU Region 1,  oppose allowing
U.S. amateurs to operate stations remotely in their countries even though
they are welcome to operate U.S.-based stations remotely.  (IARU Region 1
has passed several resolutions concerning this matter.)

So for now, I suggest welcoming our fellow amateurs from other countries
when you hear them operating U.S. stations whether or not we can do so in
their countries -- assuming that they are correctly identifying.  In the
case cited, it would not have been out of line for one of you to have said
something along the lines of "You seem to be operating a station in the
United States.  You should be aware that you must sign portable if doing
so."

And maybe readers of this list would let us know whether or not licensees
from outside your country generally can operate stations remotely in your
country.  If there is a list somewhere already, please point me to it!

73,  Dave K3ZJ



On Tue, Dec 16, 2014 at 1:27 PM, Barry <w2up at comcast.net> wrote:
>
> On Saturday afternoon, during the 10m contest, I was surprised to be
> called by a very loud YO4.  Condx were such that the band was not open to
> central/eastern EU here in Colorado at that time.  Given the signal
> strength, I presume the YO4 was using a remote on the east coast of the US.
>
> What are the legalities of such an operation?  Should he be signing
> W/YO4xxx?  Off the top of my head, I don't know if YO is a part of CEPT,
> but if not, what kind of licensing permission, if any, is required for such
> an operation?
>
> Where does this type of operation fall in terms of contest rules and
> ethics?
>
> Barry W2UP
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