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[KT0DD]

I've been browsing a couple of remote ham radio sites. W7DXX and RemoteHamRadio.com. I read about the legality of the control operator issues including the blessing by the FCC so I understand that part.

What I don't understand is how is this legal under Part 97.113, providing compensation to an amateur operator unless they are a teacher in the classroom?

Can someone enlighten me here? If I am going to pay for airtime, I have a cell phone. I wouldn't pay their expensive prices anyway.

Todd - KT0DD

[KG4RUL]

You are the control operator of the remote station.  The owner/licensee of the station is only renting you the use of the equipment so, he is NOT being compensated for operating the station.

[KT0DD]

Hmmm...Ok. It still seems to me like an end run around the rules but it doesn't matter. I'm not flush enough to spend $999 per year + per minute charges and even $200 for control operator privileges is more than I want to spend at this time. Maybe if I become apartment bound in my infirm old age I would sell all my gear and go that route. As long as I have my own gear, I'll stick with what I've got.

Thanks for your reply.

Todd - KT0DD

[ND6M]

You are the control operator of the remote station.  The owner/licensee of the station is only renting you the use of the equipment so, he is NOT being compensated for operating the station.

Actually 97.113 (a) (2) states differently

[AA4PB]

Actually 97.113 (a) (2) doesn't apply because the licensee is NOT participating in the communications. He has designated the remote operator to be the control operator of his station during the time period when he is using it. Presumably he knows who the remote operator is and has vetted him to ensure that he has a valid license and knows how to get in touch with him in the event of an FCC violation. Since the remote operator must log on with a user name and password, the station licensee will have a record of who was acting as control operator at any given time.

[WD4HXG]

You are the control operator of the remote station.  The owner/licensee of the station is only renting you the use of the equipment so, he is NOT being compensated for operating the station.

Perhaps you can prevail on the argument that the station owner is not
being compensated for operating the station. However there is a pesky
part of 97.113(a)(3)

                         §97.113   Prohibited transmissions.
                                      (a) No amateur station shall transmit:
                                             (3) Communications in which the station licensee or control operator
                                                  has a pecuniary interest, (aka money interest)

I do not particularly see a problem with Ham A allowing Ham B to use a
remote setup when no money exchanges hands but once the currency
begins to shuttle between parties or other potential bartering takes place
then I do see a potential problem.

[NEVBEN]

Then a lot of hams better start shipping all their radios back to Icom, Kenwood, and Yaesu.  If ham equipment has to be homebuilt or free to rent, lease or purchase to be legal it wouldn't be practical.

In fact, the "communications" being "transmitted" should not have a pecuniary interest for the station licensee or the control operator, which are both the person renting.  With respect to the leasor, 97.113 (a) (2) does not say anything about the "owner," because who owns the equipment is immaterial.

[ND6M]

Then a lot of hams better start shipping all their radios back to Icom, Kenwood, and Yaesu.  If ham equipment has to be homebuilt or free to rent, lease or purchase to be legal it wouldn't be practical.

In fact, the "communications" being "transmitted" should not have a pecuniary interest for the station licensee or the control operator, which are both the person renting.  With respect to the leasor, 97.113 (a) (2) does not say anything about the "owner," because who owns the equipment is immaterial.

HUH???

[NA4IT]

No different than a ham who has a mountain top location with house and ham shack and rents it out to hams for 6 months out of the year while he is in Aruba or somewhere. And yes, it does happen.

[WD4HXG]

Then a lot of hams better start shipping all their radios back to Icom, Kenwood, and Yaesu.  If ham equipment has to be homebuilt or free to rent, lease or purchase to be legal it wouldn't be practical.

In fact, the "communications" being "transmitted" should not have a pecuniary interest for the station licensee or the control operator, which are both the person renting.  With respect to the leasor, 97.113 (a) (2) does not say anything about the "owner," because who owns the equipment is immaterial.

I  agree who owns the rig is immaterial. My concern is the FCC may
view renting as a service and not a transfer of ownership. If viewed
as providing a service and money is exchanged or other quid pro quo
takes place then a whole new dimension appears.

[N1CX]

HAM RADIO BY THE POUND...Look back here some there was an extended thread abt this I started. IMO this is against not only FCC rules (and yea you can argue whatever all you want IMO it's illegal) but I believe any number of these guys selling this stuff could be sued by their local town. When I heard someone was buying a piece of land just to put a tower on and sell airtime on the radio I just laughed. Your now running a commercial business on private property against most zoning regs.