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

[David Siddall]

Michael --

FCC Radio Amateur Rules, Part 97.107.   "... No citizen of the United
States or person holding an FCC amateur operator/primary station license
grant is eligible for the reciprocal operating authority ... "

The complete text of the FCC's Part 97 rules is at:

http://www.ecfr.gov/cgi-bin/text-idx?SID=390d9c2a7519b172cc3f2a6cf0520ed3&node=pt47.5.97&rgn=div5


*** Understand that nothing in any email from me constitutes legal advice.
I'm just relating my personal conclusions after having looked into these
matters in the past for my own purposes.  Both rules and rules
interpretations change over time. ***


73, Dave K3ZJ

On Tue, Dec 16, 2014 at 9:57 PM, Michael Adams <mda at n1en.org> wrote:
>
> Just out of curiosity, is there a specific citation for the "an FCC
> licensee...MUST use his or her FCC license" bit?
>
> I wouldn't be surprised if some visitors who get US tickets might not be
> aware of that rule.
>
> --
> Michael Adams | N1EN | mda at n1en.org
>
> -----Original Message de K3ZJ-----
>
> 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.
>
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