[CQ-Contest] third-party communications in DX contests (was: KU1CW location)

[Dick Green WC1M]

Ed,

Although tangentially related, this issue is different from the KU1CW
debate, so I've changed the topic line.

I suspect the third party traffic issue has been debated before, but here's
my two cents:

Reading the third party rules, I don't see how anyone could be quite sure
that when an unlicensed person operates a station with you as the control
operator in a DX contest that it constitutes third party communications. The
wording simply isn't clear enough to be 100% sure that DX contest QSOs
constitute third party traffic.

My own opinion is that it's not third party traffic. It comes down to
identifying the person on whose behalf the message is being sent. I believe
a strong case can be made that in a DX contest the message is being sent on
behalf of the station licensee or the designated control operator, not
necessarily the person sending the message, and therefore it isn't third
party traffic. The fact that the message is being sent by someone other than
the control operator, as allowed by Part 97, isn't relevant. It's not their
message, it's the station's message or the control operator's message.

Also, while the section states that under certain conditions the person
originating the message may participate in sending it, there's no mention of
the license status of that person. Under your interpretation, *anyone*
participating in a DX contest who is not the control operator, licensed or
not, would be violating third party rules (i.e., the FCC doesn't care about
the license status of anyone but the control operator.) I don't see how that
could be the intent of the FCC.

73, Dick WC1M

-----Original Message-----
From: Ed Sawyer [mailto:sawyered at earthlink.net] 
Sent: Thursday, June 8, 2017 6:19 AM
To: cq-contest at contesting.com
Subject: Re: [CQ-Contest] KU1CW location

I am quite sure that if a person is unlicensed, and operating your station
(with you as the control operator), the third party country rules apply.  No
contacts can be made with any country with which the US does not have a
third party agreement.  No problem on Field Day.  A big problem in a DX
contest.

 

73

 

Ed  N1UR