On Behalf Of David Jordan
Sent: Friday, October 02, 2009 2:29 PM
Subject: OFFICIAL FCC UPDATE REGARDING 97.113
I just completed a telephone call with Robert Kenny, FCC Public Safety and Homeland Security Bureau (PSHSB) Director of Media Relations regarding concerns raised over the past several months by statements offered by FCC Amateur Enforcement Officer, Ms. Laura Smith regarding enforcement of 97.113 as it relates to amateur radio volunteers who are also employees of served agencies, etc.
Mr. Kenny informed me that the PSHSB has meet with the FCC’s Office of General Council regarding concerns that local government, hospital, etc., employees who are also FCC licensed amateur radio operators would be in violation of part 97.113 if those employees participated in drills and exercises (on or off the clock) associated with Auxiliary Communications Services provided on behalf of constituents served by those agencies. Mr. Kenny informed me the FCC Office of General Council's interpretation of the current rules would allow for the use of HAM radios during emergency drills or exercises, etc. (example the Operation Hazel II SET in Virginia scheduled for tomorrow morning). He indicated that there would be no enforcement action taken if an independent party filed a complaint about the use HAM radios in this capacity.
Therefore, there is now no reason for any amateur radio operator to curtail their participation in exercises or drills related to ACS.
Mr. Kenny also indicated that the PSHSB it would initiate proceedings to have 97.113 amended if/when a petition is filed by someone to review the current rules. This may lead to better accommodations of volunteer ACS best practices in this area.
For those of you participating in the Virginia SET tomorrow please enjoy the event and gain as much useful experience as you possibly can from the exercise.
Arlington County, Virginia RACES Officer
p.s. Hazel II SET WEB SITE http://www.w4ghs.org/Hazel.html
From: Robert Kenny [mailto:Robert.Kenny@fcc.gov]
Sent: Friday, October 02, 2009 1:29 PM
To: David Jordan
Cc: William Lane
Subject: Amateur Radio Follow-up - Emergency Drills
Dave, could you please share your contact info. I would like to give you a call today about the Drill for tomorrow and your HAM radio operations. We have a resolution and would like to share it with you. Just need to close the loop on one thing and then we will call.
Please let me know.
Robert C. Kenny
Director of Media Relations
Public Safety and Homeland Security Bureau
US Federal Communications Commission
445 12th Street, SW
Washington DC, 20554