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The ARRL Letter
Vol. 19, No. 31
August 18, 2000
__________________________________
IN THIS EDITION:
* +League compiling restrictive covenants reports
* +ARRL and REACT step together
* +Californian arrested for unlicensed operation
* +FCC says "no" to Sky Command
* +KV4FZ looks to Supreme Court to save license
* +FCC grants experimental license for 2300-2305 MHz
* +Canadians seek elimination of 12 WPM Morse test
* Solar update
* IN BRIEF:
This weekend on the radio
Alfredo Luciano, LU6DJX, SK
George D. "Dewey" Wilson Sr, W7HF, SK
ARRL Club 2000 Awards--your club can earn one!
Logo sought for Amateur Radio Emergency Communications Program
Hurricane skips Hawaii, but hams were ready
New Mexico proclaims Amateur Radio Week
New W6 Incoming QSL Bureau manager, address
Vanity fee stays at $14 this fiscal year
Albert H. Wohlers name change
+Available on ARRL Audio News
__________________________________
ARRL COLLECTING "RESTRICTIVE COVENANTS" TALES
The ARRL has begun compiling a dossier of amateurs' experiences with
CC&Rs--covenants, conditions and restrictions. Imposed by private
homeowners' associations or by developers, CC&Rs--also known as "restrictive
covenants" and "deed restrictions"--often impede or prohibit the
installation of outside antennas.
In January, the ARRL asked the FCC to reconsider its denial of the League's
request to extend the limited federal preemption known as PRB-1 to
restrictive covenants. The League has said it would like hams to be free to
negotiate reasonable accommodation provisions with local homeowners'
associations just as they do now with governmental land-use regulators.
"What we're trying to do is compile documentary evidence to present if and
when the occasion to do so arises," ARRL Legislative and Public Affairs
Manager Steve Mansfield, N1MZA, said this week. "The experiences of amateurs
with restrictive covenants will help us to determine our future direction on
this issue," he explained.
The ARRL is inviting narratives from amateurs who now are or have been
denied the opportunity to install an antenna or support structure on a
dwelling they own because of CC&Rs. Narratives should relate directly to
situations involving restrictive covenants and should be no longer than one
page for inclusion in the CC&R database. Submittals should include name,
call sign, the address at which you were denied the opportunity to put up an
antenna, and the basis upon which you were denied or would expect to be
denied. Participants should include a copy of the contract language that
would exclude your antenna or support structure and copies of any denial
letters from a homeowners' association.
Submittals should be sent to ANTENNAS, c/o Steve Mansfield, N1MZA, American
Radio Relay League, 225 Main St, Newington, CT 06111. E-mail submittals are
welcome to smansfield@arrl.org with the subject line "ANTENNAS".
In declining last fall to act on the ARRL's initial request to expand PRB-1,
the FCC drew the line at proposing specific rule changes to bring private
restrictive covenants under the PRB-1 umbrella . In asking the FCC to
rethink the issue earlier this year, the League pointed out that since PRB-1
was first promulgated in 1985, the FCC has made it clear that it has
Congressional authority to prohibit restrictive covenants that could keep
property owners and even renters from installing antennas to receive TV,
satellite and similar signals. The League asserts the same principle applies
to Amateur Radio, in which the FCC has said it has a "strong federal
interest."
The League's Regulatory Information Branch reports that the topic of
restrictive covenants and antennas is one of the most frequently raised by
members contacting the ARRL for information. "Not a day goes by that we in
RIB don't hear from amateurs who are restricted by covenants," says the
ARRL's John Hennessee, N1KB. "People want to know specifically how they can
help, so now we have something to tell them."
While the FCC has yet to act on the ARRL's Petition for Reconsideration to
apply the philosophy of PRB-1 to CC&Rs, the League is seeking "additional
opportunities" to present its case, Mansfield said, and the narrative
database is one step in that direction.
ARRL AND REACT STEP TOGETHER
ARRL and REACT--Radio Emergency Associated Communications Teams--took some
first steps together this summer. The ARRL Board of Directors approved a
memorandum of understanding between the two radio organizations at its July
meeting.
The ARRL was on hand July 26-28 for the REACT 2000 International Convention
in Kissimmee, Florida. The event included attendees from the US as well as
from Canada and Trinidad and Tobago. ARRL Southern Florida Section Manager
Phyllisan West, KA4FZI, coordinated activities for ARRL's representation at
the event with Walt Young, convention chairman for the 25th annual REACT
gathering.
"REACT folks are dedicated to public service, responding dependably to cover
emergencies, marathons and other charity events," said West, who set up and
staffed an ARRL exhibit table at the REACT event. "They operate mainly on
GMRS and FRS to avoid problems of unlicensed CB channels, and are excited
about working more closely with hams."
West said that copies of the ARRL Public Service Communications Manual at
the ARRL table were snapped up. "REACT folks were interested in how hams
handle NTS and tactical messages," West said. While a lot of REACT members
already are amateurs, West said she encouraged those who were not to get ham
licenses "to enhance their ability to participate in emergency
communications."
While REACT has been associated primarily with Citizens Band in the past,
the organization has widened its focus to embrace amateur and other
services. Young called REACT "just another radio group that is doing the
same basic job as ham radio operators" that provides emergency
communications when and where needed.
"The trick is to get various groups to work together," he said.
Approximately one-quarter of the REACT conventioneers were ham operators,
and one of the official events at the convention was the Amateur Breakfast,
at which West and her husband, Art, were guests. FCC Special Counsel for
Amateur Radio Enforcement Riley Hollingsworth, K4ZDH, presented an FCC
seminar during the REACT convention.
REACT International has a Web site at http://www.reactintl.org/.
CALIFORNIA MAN ARRESTED FOR UNLICENSED OPERATION
A California man with a long history of alleged unlicensed operation has
been arrested . The FCC reports that Richard Allen Burton was taken into
custody August 5. The action follows Burton's indictment in May by a grand
jury for the US District Court for the Central District of California.
Burton, a former amateur licensee, has been charged with six felony counts
of violating the Communications Act of 1934.
The FCC says Burton was operating without a license on Amateur Radio
repeaters in Southern California after his license was revoked. Formerly
WB6JAC, Burton's General ticket was lifted in 1981. He was convicted in 1982
on four counts of transmitting without a license and two counts of
transmitting "obscene, indecent or profane words, language or meaning."
Burton initially was sentenced to serve six months of an eight year prison
term, with the remainder suspended. Upon appeal, the US Ninth District Court
of Appeals upheld the unlicensed operation conviction but threw out his
obscenity conviction. A California man with a long history of alleged
unlicensed operation has been arrested. The FCC reports that Richard Allen
Burton was taken into custody August 5. The action follows Burton's
indictment in May by a grand jury for the US District Court for the Central
District of California. Burton, a former amateur licensee, has been charged
with six felony counts of violating the Communications Act of 1934.
The FCC says Burton was operating without a license on Amateur Radio
repeaters in Southern California after his license was revoked. Formerly
WB6JAC, Burton's General ticket was lifted in 1981. He was convicted in 1982
on four counts of transmitting without a license and two counts of
transmitting "obscene, indecent or profane words, language or meaning."
Burton initially was sentenced to serve six months of an eight year prison
term, with the remainder suspended. Upon appeal, the US Ninth District Court
of Appeals upheld the unlicensed operation conviction but threw out his
obscenity conviction. The FCC says that Burton transmitted without a license
while on probation in 1984 and again in 1990. After the second incident, he
was fined and received a year's probation.
In 1992, Burton attempted to get his Amateur Radio license back, but the FCC
refused to reinstate him. He was briefly successful in getting a ham ticket
in 1996, when he passed a Technician exam at a VE session. The FCC granted
Burton a new license and the call sign KF6GKS, which was promptly set aside
as soon as the Commission realized its error.
The FCC said that bail for Burton was set at $20,000. He's out on bond.
Burton pleaded not guilty at his arraignment, and a trial has been set for
October 3.
FCC TURNS DOWN KENWOOD "SKY COMMAND" PETITION
The FCC has declared that use of Kenwood's "Sky Command" remote station
control system does not comply with Amateur Service rules. In an Order
released July 28, the FCC also declined to grant a waiver of the rules to
make Sky Command legal.
"We conclude that Sky Command does not comply with Section 97.201(b), and
that a waiver of the rules is not warranted," the FCC said.
Sky Command, which lets the user control a fixed HF station via a pair of
dual-band transceivers, has been on the market for almost three years. The
ARRL has declined to permit Sky Command advertisements in QST, however,
maintaining that the system was not legal to use as configured. Sky Command
operates in full duplex, using a 70-cm frequency to transmit audio and
control commands to a dualband transceiver at the remote station and a
2-meter frequency to transmit received audio via the remote station's Sky
Command transceiver to the operator's transceiver. The VHF channel also
contains a Morse code ID.
The League has maintained that Kenwood's use of a 2-meter frequency would
cause amateurs using the system to violate Section 97.201(b), which limits
auxiliary operation to certain frequencies above 222.15 MHz.
The FCC agreed, saying the VHF link was integral to Sky Command and that
Kenwood's view represented "at best a tortured interpretation" of the rules.
The Commission also declined to issue Kenwood a requested blanket waiver of
the applicable rules because it said the manufacturer failed to meet the
standards required to grant a waiver.
The League has called Kenwood's Sky Command System "a fine product" that
would be of interest to many hams if designed for frequencies on which
auxiliary operation is legally permitted.
Paul Middleton, KD6NUH, Kenwood's national sales manager for amateur and
marine products, said the company has suspended shipment of the SkyCommand
PG-4R interface cable, but says that it "can't change product software,
manuals and literature." Middleton said the company has not yet made a
decision on the future of SkyCommand or on future entreaties to the FCC.
KV4FZ FILES LAST-DITCH SUPREME COURT APPEAL
In a final effort to renew his Amateur Radio license, Herbert L. Schoenbohm,
KV4FZ, has petitioned the US Supreme Court. Schoenbohm told the ARRL that
his request to the high court to grant a writ of certiorari was accepted for
filing on August 1. It calls on the justices to request the record of his
case from the US Court of Appeals for review.
"Until I hear from the Supremes, I can stay on the air," he said. If the
Supreme Court declines to hear his case, however, Schoenbohm's interim
operating authority immediately disappears without further notice from the
FCC.
Schoenbohm concedes his chances of getting the Supreme Court to review his
case are small. "The courts today rarely, if ever, overturn the decisions of
administrative agencies, who have become a power unto themselves," he said,
referring to the FCC.
The FCC has cited Schoenbohm's 1992 felony fraud conviction and character
issues in refusing to renew Schoenbohm's ticket. Subsequently, the FCC said
that Schoenbohm had improperly solicited ex parte contacts with the FCC on
his behalf. A federal Appeals Court turned down Schoenbohm's request for a
rehearing by the full bench after rejecting his appeal of the FCC's decision
to not renew his Amateur Radio license in February.
Among several issues raised in his Supreme Court filing, Schoenbohm asks the
court to review whether the FCC's imposition of a broad character standard
is "arbitrary, capricious, vague and thus unconstitutional." He also wants
the high court to look into whether the FCC violated its own rules by basing
its action on a crime that was not serious enough to trigger denial of his
license renewal application. Elsewhere, he accuses the FCC of abuse of
process and further suggests the Commission abused his "civil and individual
rights." Schoenbohm concludes his filing by claiming that he is "the first
ham in the history of ham radio to lose his license for reasons of
'character'."
If Schoenbohm is successful in getting the high court to review his case, it
would not be heard until the court's next term, which begins in October.
FCC GRANTS EXPERIMENTAL LICENSE FOR 2300-2305 MHz
The FCC's Office of Engineering and Technology has issued an experimental
license to a California company to test market a wireless Internet system in
the San Diego area on 2300 to 2305 MHz. Amateur Radio has a secondary
allocation on 2300-2310, the lower segment of the 13 cm band.
According to the ARRL band plan, the 2300-2305 MHz segment supports a
variety of amateur activities, including weak-signal CW, SSB, digital modes
and moonbounce as well as beacons and translator inputs and outputs. The
ARRL continues efforts to get 2300-2305 MHz elevated to primary status for
amateurs.
The FCC issued the call sign WB2XIK to ArrayComm Inc of San Jose to deploy
its "i-BURST" wireless Internet technology using up to 3000 "market trial"
participants with portable units and up to 50 base station nodes, each with
50 W EIRP. The license, granted in April but only recently made public by
the FCC, is good for two years. Typically, the FCC gives no notice of
experimental applications until they are granted.
The experiment would be conducted within a 35-mile radius of San Diego.
Market trial users will be equipped with laptops and i-Burst wireless modems
that operate at a maximum EIRP of 1.3 W. The company says it will make clear
to participants that the system is experimental and temporary.
ArrayComm said it chose the 2300-2305 MHz band for its propagation
characteristics and because it's near frequencies under consideration for
so-called third-generation or "3G" services. "The band has not been
allocated for a primary use and this is not heavily encumbered with existing
users," the company said in its application materials.
ArrayComm acknowledged Amateur Radio's secondary occupation of the segment
but downplayed the likelihood of interference between its experiment and
amateur weak signal work in the vicinity.
The City of Los Angeles recently was granted an experimental license to
operate a TV downlink system in the 2402-2448 MHz band. The ARRL has
protested that grant as well as a similar application from Los Angeles
County. The ARRL has no immediate plans to protest the ArrayComm grant.
Experimental licenses are granted on a non-interference basis.
RAC SEEKS ELIMINATION OF 12 WPM MORSE REQUIREMENT
Radio Amateurs of Canada has asked Industry Canada--the Canadian equivalent
of the FCC--to discontinue that country's 12 WPM Morse code requirement in
favor of a 5 WPM test. During the past year, RAC says it has consulted with
the Canadian Amateur community on the issue, and the RAC Board has concluded
that a majority of Canadian Amateurs support dropping the 12 WPM Morse
test--although RAC acknowledges that many are against the change.
"A decision by Canada to drop the 12 WPM test would be in harmony with what
is happening in other parts of the world and would simplify the negotiation
and implementation of reciprocal operating agreements," an RAC bulletin said
this week.
In a recent letter to Industry Canada, RAC President Kenneth Oelke, VE6AFO,
recommended that full HF operating privileges be granted to amateurs who
have passed a 5 WPM Morse test. At the same time, Oelke requested that the
IC consider beefing up written tests to strengthen and expand the
requirements for operator knowledge and skills in the areas of station setup
and operation, on-air procedures and operating practices, and to include
more questions on modern modes of communication employed by radio amateurs.
RAC says its proposal would give Canadian radio amateurs operating
privileges similar to those currently accorded to US amateurs who
successfully pass a 5 WPM Morse test.--RAC
SOLAR UPDATE
Propagation prognosticator Tad Cook, K7VVV, Seattle, Washington, reports:
Aan interplanetary shock wave struck the earth's magnetosphere on August 12,
triggering a powerful geomagnetic storm. Since this was near the peak of the
Perseid meteor shower, many observers witnessed the rare spectacle of an
aurora as the backdrop for a meteor display. Planetary A index reached 60
last Friday and 109 on Saturday. The K index went as high as eight.
During the past week average sunspot numbers were higher than the previous
week by more than 36 points, and average solar flux was up by nearly 33
points. Solar flux peaked this week for the short term at 1700 UTC on
Saturday when it was 195.3, although the official number for the day was the
2000 UTC reading of 189.3. There was another peak on Tuesday when the
morning, noon and afternoon readings were 192.5, 193.9 and 195.
For this weekend, Friday through Monday, predicted flux values are 175, 175,
170 and 170, and expected planetary A index is 10 through the next week.
Flux values are expected to meet minimum near 150 around August 27-29, then
peak again near September 8-10.
Sunspot numbers for August 3 through 9 were 133, 137, 161, 174, 189, 188 and
176 with a mean of 165.4. The 10.7 cm flux was 154.2, 154.2, 158.6, 166,
166.9, 170.8 and 182.2, with a mean of 154.7. The estimated planetary A
indices were 12, 18, 26, 18, 9, 9 and 7 with a mean of 14.1.
Sunspot numbers for August 10 through 16 were 141, 170, 186, 196, 266, 209
and 244 with a mean of 201.7. The 10.7 cm flux was 181, 187.3, 189.3, 186,
189.5, 193.9 and 185.6, with a mean of 187.5. The estimated planetary A
indices were 23, 60, 109, 16, 12, 12 and 11 with a mean of 34.7.
__________________________________
IN BRIEF:
* This weekend on the radio: The ARRL 10 GHz and Up Cumulative Contest, the
New Jersey QSO Party, the North American QSO Party (SSB), the International
Lighthouse/Lightship Weekend, and the SEANET Contest are the weekend of
August 19-20. Just ahead: The TOEC WW Grid Contest (CW), the Ohio QSO Party,
and the CQC Summer QRP QSO Party are the weekend of August 26-27. See August
QST, page 104, for details.
* Alfredo Luciano, LU6DJX, SK: World-class DXer Alfredo Luciano, LU6DJX,
died August 7. He was 91. QST DX Editor Bernie McClenny, W3UR, described
Luciano as "the top DXer from South America and the leading DXer outside of
the USA." He was on the DXCC Honor Roll with 384 countries confirmed
(mixed). During the 1999 Dayton DX dinner, Luciano was awarded a special
plaque in honor of his accomplishments. He was first licensed in
1928.--Mario dos Santos/LW1EWY; Bernie McClenny, W3UR
* George D. "Dewey" Wilson Sr, W7HF, SK: The ARRL's most senior member has
died. George "Dewey" Wilson, W7HF, of Aberdeen, Washington, died July 8. He
was 102 and had been a member of the League and an active amateur for more
than 70 years. "Besides being a tremendous Amateur Radio supporter and
enthusiast, he was also the last of a local pioneer lumber family of
Aberdeen," reports Bob Maxfield, W7LEO, president of the Grays Harbor
Amateur Radio Club to which Wilson belonged. He says Wilson's family settled
in the area before Aberdeen became incorporated in 1888. Wilson also was an
active QCWA member. Born November 1, 1897, he was first licensed in 1913
(although he admitted to a little bootlegging before that time) as 7GW,
making him among the nation's earliest licensed amateurs. He also was active
in the Masons, the Elks and Rotary International. A memorial service was
held July 13.--Bob Maxfield, W7LEO
* ARRL Club 2000 Awards--your club can earn one! Active Amateur Radio clubs
can earn a $1000 award and a spot in the limelight as part of the ARRL Club
2000 Awards program. Find out more at the Club 2000 Achievement Awards Web
site, http://www.arrl.org/field/club/club-awards/. The program is aimed at
rewarding the achievements of ARRL-affiliated clubs by recognizing clubs
that are growing, thriving, and developing positive community relations. For
more information contact Club Programs Coordinator Margie Bourgoin, KB1DCO,
kb1dco@arrl.org; 860-594-0267; FAX 860-594-0259.
* Hurricane skips Hawaii, but hams were ready: ARRL Pacific Section Manager
Ron Phillips, AH6HN, reports that Hurricane Daniel "got everyone excited in
Hawaii" earlier this month. "All the emergency systems were activated and
everything worked out very well," Phillips reports. "We were all relieved
when the storm decided to spare us and move on into the western Pacific."
Phillips expressed his thanks and appreciation to who participated in the
40-meter activity and said the weather reports from all islands were very
helpful in preparing for the storm that never arrived.--Ron Phillips, AH6HN
* Logo sought for Amateur Radio Emergency Communications Program: The
Certification and Continuing Education pilot project has a name, thanks to
the 383 people who took the time to vote. The winner: "Amateur Radio
Emergency Communications Program." The next step is to gather suggestions
for a logo for the program, the first block in the League's Certification
and Continuing Education Program. ARRL Certification Specialist Dan Miller,
K3UFG, requests that proposed logo designs be simple and in black-and-white.
The new emergency communications course is in the final stages of
development and is expected to be offered as an Internet class in September.
The outline and related materials can be viewed at
http://www.svvi.net/w0ipl/emcom-rd.htm. Send suggested logo designs to Dan
Miller, K3UFG, k3ufg@arrl.org. An acknowledgment will be sent within two
working days.--Dan Miller, K3UFG
* New Mexico proclaims Amateur Radio Week: To coincide with the New Mexico
ARRL Convention August 26-27, New Mexico Gov Gary Johnson has proclaimed
August 20-26 as Amateur Radio Week in the Land of Enchantment. New Mexico SM
Joe Knight, W5PDY, reports he was in Santa Fe earlier this month to meet
with Gov Johnson--whose proclamation expressed appreciation for Amateur
Radio communication assistance during the wildfires in New Mexico (which are
still burning). Gov Johnson has indicated he might attend the section
convention, which is held in conjunction with the Duke City Hamfest. "The
governor and staff were extremely supportive, and the governor was very
positive to assure us he would support us in a new push for PRB-1 type state
legislation to improve on some of our tower height restrictions," Knight
said.--Joe Knight, W5PDY
* New W6 Incoming QSL Bureau manager, address: ARRL Outgoing QSL Manager
Martin Cook, N1FOC, reports that ARRL W6 Incoming QSL Bureau Manager Archie
Willis, W6LPJ, is retiring after almost 27 years in the job. ARRL Directors
Fried Heyn, WA6WZO, and Jim Maxwell, W6CF, have appointed Steve Frick,
N6QEK, as the new manager. The new W6 Incoming QSL Bureau address will be:
ARRL Sixth District Incoming QSL Bureau, PO Box 900069, San Diego, CA
92190-0069.
* Vanity fee stays at $14 this fiscal year: The annual regulatory fee for an
Amateur Radio vanity call sign will stay $14 ($1.40 per year for the 10-year
license term). The FCC has revised its Schedule of Regulatory Fees in order
to collect the $185,754,000 that Congress has required the Commission to
collect for Fiscal Year 2000, but it proposed no change in the vanity fee.
The Commission adopted the proposed schedule of fees on June 30. (FY 2000
began last September; the fees are paid in arrears.) The FCC said it
anticipates 8000 applications for vanity call signs during FY 2000.
* Albert H. Wohlers name change: Albert H. Wohlers, the administrator for
the ARRL Amateur Radio equipment insurance program, has changed its name to
Seabury & Smith. The change does not affect the ham radio equipment program,
which Wohlers has been administering for nearly 20 years. For more
information, contact Seabury & Smith, 847-493-4581; 800-900-9772, or visit
http://www.wohlers.com/ .--Seabury & Smith
===========================================================
The ARRL Letter is published Fridays, 50 times each year, by the American
Radio Relay League--The National Association For Amateur Radio--225 Main St,
Newington, CT 06111; tel 860-594-0200; fax 860-594-0259;
http://www.arrl.org. Jim Haynie, W5JBP, President; David Sumner, K1ZZ,
Executive Vice President.
The ARRL Letter offers a weekly summary of essential news of interest to
active amateurs that's available in advance of publication in QST, our
official journal. The ARRL Letter strives to be timely, accurate, concise,
and readable. The ARRLWeb Extra at http://www.arrl.org/members-only/extra
offers ARRL members access to late-breaking news and informative features,
updated regularly.
Material from The ARRL Letter may be republished or reproduced in whole or
in part in any form without additional permission. Credit must be given to
The ARRL Letter and The American Radio Relay League.
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