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

[Ed Sawyer]

Dick.  One thing to ask yourself before concluding.  What exactly is the
status and definition of an unlicensed person operating your station under
your control as control operator.  If not a third party, then what exactly?
And why would the FCC, as defined about everything else, be silent on such
an obvious issue?

I would advise people who are letting others use their station be pretty
clear on the regulations since they are ultimately responsible as control
operators.

Ed  N1UR

-----Original Message-----
From: Dick Green WC1M [mailto:wc1m73 at gmail.com] 
Sent: Friday, June 9, 2017 3:42 AM
To: sawyered at earthlink.net; 'Dick Green WC1M'; cq-contest at contesting.com
Subject: RE: [CQ-Contest] third-party communications in DX contests (was:
KU1CW location)

Ed,

The key words in the third party definition are "sent by the control
operator... on behalf of another person (the third party)." 

The definition of third party doesn't say anything about the license status
of that person. And part 97 doesn't say that unlicensed operators are third
parties. What matters is on whose behalf the message is sent. The third
party can be licensed or not, and can participate (send the message) or not.

The crux is this: We can take the position that all messages in a DX contest
are sent/received on behalf of the control operator. Certainly the control
operator has a primary interest in the content of the messages, which is not
the case with third party traffic. I don't think anyone would have a problem
with designating the messages as "from the control operator", who is the
first party and never a third party. 

Under Part 97, other operators of the station, licensed or unlicensed, are
proxies for the control operator and are allowed to send messages for the
control operator. Again, the control operator can't be a third party in the
station under his own control. The license status and interest in the
messages of the other ops is irrelevant, even though they may get enjoyment
from participating. 

If the FCC has an opinion on this, I believe they view contest exchanges as
messages originated by the control operators at each end for their own
behalf, and therefore are not sent on behalf of any third party --
regardless of who actually pushed the buttons to send the message.

Now, for the fellow who keeps a list of third party agreements on the desk
when his kid sits in his lap and speaks in the mic, I'd say keep doing that.
If your kid is making QSOs for fun, and it can't be said the messages are
being sent on your behalf as control operator (such as contest exchanges and
DX contacts for which your station gets credit), then I'd say it's third
party traffic.

Just my own view of it, and what I'll say in court if the FCC ever busts me
for illegal third party communications in a contest :-)

73, Dick WC1M