Agenda

1. Approval of minutes of July 15, 1999, Executive Committee meeting
2. FCC matters
3. General legal matters
4. Antenna/RFI matters
5. Legislative matters
6. International matters
7. Organizational matters
8. Recognition of new Life Members
9. Affiliation of clubs
10. Approval of conventions
11. Date and place of next EC meeting
12. Other business

Pursuant to due notice, the Executive Committee of the American Radio Relay League, Inc., met at 8:30 AM Saturday, December 4, 1999, at the Dallas/Fort Worth Airport Marriott Hotel, Irving, Texas. Present were the following committee members: President Rodney Stafford, W6ROD, in the Chair; First Vice President Stephen A. Mendelsohn, W2ML; Executive Vice President David Sumner, K1ZZ; and Directors Kay Craigie, WT3P, Frank Fallon, N2FF, and Fried Heyn, WA6WZO. Member Tod Olson, K0TO, was unable to attend owing to illness in his family. Also present were Vice President Joel Harrison, W5ZN, International Affairs Vice President Larry E. Price, W4RA, Directors Frank Butler, W4RH, and Jim Haynie, W5JBP, and General Counsel Christopher D. Imlay, W3KD.

1.On motion of Mr. Mendelsohn, the minutes of the July 15, 1999, Executive Committee meeting were approved in the form in which they had been distributed.

2.FCC matters Mr. Imlay noted the release of an FCC Order signed by the Deputy Chief, Wireless Telecommunications Bureau, denying the 1996 ARRL petition, RM-8763, that had sought modification and clarification of the limited preemption policy governing Amateur Radio antennas. He has concluded that there are grounds for seeking reconsideration in two respects in which the FCC is treating the Amateur Radio Service differently from other, similarly situated radio services. On motion of Mr. Heyn, the General Counsel was instructed to seek reconsideration of the Order with regard to restrictive covenants as well as with regard to excessive costs levied or required by a local authority.

2.2.Mr. Imlay reported that on October 25, 1999 Clearwire Technologies, Inc., a manufacturer of Part 15 devices, filed a petition for partial reconsideration of the FCC's Report and Order in WT Docket No. 97-12. Clearwire seeks restrictions on amateur use of spread spectrum emissions in bands in which Part 15 operation is authorized. The petition has not yet been placed on public notice. On motion of Mr. Fallon, the General Counsel was instructed to file in opposition to the reconsideration petition at the appropriate time.

2.3.Mr. Imlay reported that comments are being drafted in response to a Notice of Proposed Rule Making in ET Docket No. 98-80, concerning conducted emissions limits below 30 MHz and measurement procedures for AC power lines. The draft is being prepared with assistance from the ARRL Technical Laboratory and the Washington Office, and will be available at the January Board Meeting. The comment deadline is January 31, 2000.

2.4.Mr. Imlay noted that in its Report and Order in ET Docket No. 98-95, the proceeding to allocate 5.85-5.925 GHz for dedicated short range communications systems operating in the Intelligent Transportation System, the FCC had not addressed the ARRL request for an upgrade to primary status of the amateur allocations at 5.65-5.725 and 5.825-5.85 GHz. This request was based on the diminished utility of the remainder of the band. After discussion, it was agreed that this particular proceeding did not offer a good vehicle for the further pursuit of this objective.

After discussion, on motion of Mr. Heyn, it was voted that the ARRL accept the FCC invitation extended in its policy statement to petition for an upgrade of the amateur allocation at 2400-2402 MHz from secondary to primary as the most appropriate use for this portion of the spectrum reserve.

Mr. Imlay reviewed the history of an application for an experimental license submitted on behalf of Los Angeles County for the band 2402-2448 MHz, ostensibly to study the potential of interference to incumbent users from airborne public safety video transmitters. The ARRL filed an informal objection, the proper procedural vehicle for an application of this type, on September 23. A similar application has now been filed by the City of Los Angeles, and an ARRL objection is being drafted.

2.7.Late-filed comments opposing RM-9404, the ARRL petition for a low frequency amateur allocation, were filed by HID Corporation of Irvine, CA. HID alleges potential interference to their products, which operate under FCC Part 15. Mr. Imlay will file an opposition in order to correct misstatements concerning the regulatory situation with regard to amateur LF operation in Europe.

2.8.Comments are due December 10 in response to an FCC Public Notice soliciting suggestions for the revision or deletion of certain sections of the FCC Rules, Parts 2, 15, and 18, that were adopted during the years 1986 to 1989. The objective is to reduce the economic impact of these rules on small business entities. Mr. Imlay noted that the present §15.17 does not provide adequate warning to small businesses that amateur HF bands cannot be used by Part 15 devices because of their high interference potential. As a result, businesses may make substantial investments in developing products that cannot be used. On motion of Mr. Mendelsohn, the ARRL Laboratory staff was thanked for its contribution to the analysis of this issue and the General Counsel was instructed to file comments recommending appropriate amendment of §15.17.

2.9.Mr. Imlay reported briefly on the status of WT Docket No. 98-143, the biennial review amateur license restructuring proceeding. Release of a Report and Order is believed to be imminent.

2.10.Mr. Imlay noted that some ARRL volunteer examiner teams are reluctant to handle FCC forms bearing applicants' Social Security numbers, for fear of being accused of making improper use of this information. After discussion it was agreed that VE teams should be advised that they have the option of requiring that applicants preregister on ULS before taking an examination, as long as adequate advance notice of the requirement is given. This information will be sent to VE teams in the next regular mailing.

2.11.A manufacturer has been marketing a system for remotely controlling an HF transceiver through a pair of dual-band VHF/UHF transceivers. The device cannot be operated legally in the United States because one of the bands used is 144 MHz, and auxiliary operation is limited to certain frequencies above 222.15 MHz. In the past the ARRL has opposed lowering this frequency limit. After discussion, Mr. Sumner was asked to prepare a paper explaining the rationale for the present rule to provide a basis for future discussion of whether the restriction is still needed.

2.12.Recent FCC correspondence concerning repeater coordination issues was discussed without formal action.

2.13.The recent FCC Order dismissing five petitions on Amateur Radio issues, including three submitted by the ARRL, was reviewed. No action was taken.

The committee was in recess for luncheon from 12:03 to 1:29 P.M.

3.General legal matters

3.1.Mr. Imlay reported briefly on the status of legal proceedings to which the ARRL is a party.

3.2.At Minute 53 of the 1999 Second Meeting of the Board, the Executive Committee was asked to consider whether elected ARRL officials who are members of the bar should be allowed to represent members in Amateur Radio tower cases on a pro bono basis, and to report its recommendation to the Board at the 2000 Annual Meeting. Mr. Imlay presented a report on how other non-profit organizations handle conflicts of interest. On motion of Mr. Heyn, it was agreed to recommend the following addition to Article 11 of the ARRL Articles of Association: "Nothing herein shall prevent an Officer, Director or Vice Director from assisting a member of the League, without compensation or remuneration, on a matter that is consistent with the stated interests and policies of the League."

3.3.Mr. Imlay advised that a request had been received from The Association of Public-Safety Communications Officials-International, Inc. (APCO) as to whether the ARRL would be willing to make its mediation services available for the resolution of public safety interference issues. It was agreed that it would be desirable to support APCO, with whom the ARRL has a memorandum of understanding, but that as a first step the ARRL volunteers in the mediation program should be asked whether they would be willing to serve in such cases. Mr. Imlay is to ask APCO for examples of the kinds of cases in which mediation might be sought, and will then write to the volunteers. It is hoped that a further report will be available by January 10, in time for consideration by the ARRL Board at the 2000 Annual Meeting.

4.The status of legal proceedings concerning amateur antennas and radio frequency interference were considered as follows:

4.1.Persin v. Seminole County, Florida. ARRL member Lenard J. Persin, WB4HZQ, applied to the Seminole County Board of Adjustment for a special exception to a 35-foot height limitation so he could erect an 80-foot tower on a 7/8-acre residential lot. Initially his request was granted, but a neighbor appealed and on appeal his application was denied. He then sought relief in the U.S. District Court for the Middle District of Florida. ARRL submitted a brief amicus curiae.

On November 2, 1999, the Court granted summary judgment in favor of the County "because the undisputed evidence shows that the County properly balanced Mr. Persin's interests with the needs of the community." Two weeks later, in its Order denying RM-8763, the ARRL petition for clarification of PRB-1, the FCC said: "We do not believe a clarification is necessary because the PRB-1 decision precisely stated the principle of 'reasonable accommodation.' In PRB-1, the Commission stated: 'Nevertheless, local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose.' Given this express Commission language, it is clear that a 'balancing of interests' approach is not appropriate in this context."

After an extended discussion, on motion of Mr. Fallon, the Executive Committee authorized funding of an appeal of the Court's decision in the amount of $2,205.

President Stafford announced the appointment of a committee to study how the ARRL provides support for antenna cases consisting of Messrs. Imlay, Fallon, and Director-elect Jay Bellows, K0QB.

4.2.The status of other cases was reviewed briefly.

5.On behalf of Legislative and Public Affairs Manager Steve Mansfield, N1MZA, Mr. Sumner presented a report on legislative activities. There are 131 cosponsors for HR 783, The Amateur Radio Spectrum Protection Act introduced by Representative Bilirakis of Florida. It is hoped that a companion bill will be introduced in the Senate early in the second session of the 106^th Congress.

International matters

6.1.Mr. Price reported on the IARU Region 1 Conference in Lillehammer, Norway, a meeting of ITU-R Study Group 8, and the Conference Preparatory Meeting for WRC-2000 that had just concluded in Geneva. He responded to questions about the status of Amateur Radio in several other countries.

6.2.Mr. Sumner reported that an improvement in the delivery of QST to foreign addresses is planned. He also reported that in January the Board will be asked to authorize a vote to be cast on behalf of the ARRL with regard to the admission to IARU membership of Association des Radio-Amateurs de Nouvelle-Caledonie (ARANC).

6.3.Mr. Price reported on plans to seek appropriate call signs for Amateur Radio operation from the International Space Station, impending Amateur Radio operation under UN auspices from East Timor, and European plans for a GPS system called Galileo that could pose a threat to amateur use of the 23-cm band.

7.Organizational matters

7.1.Mr. Mendelsohn announced his intention to circulate additional material relating to the review of ARRL bylaws before the next meeting of the committee.

7.2.On motion of Mrs. Craigie it was voted that, inasmuch as the requirements of the Standing Orders with regard to the nomination of Honorary Vice Presidents have been met, the Executive Committee endorses the nomination of Hugh Turnbull, W3ABC, for election as Honorary Vice President at the 2000 Annual Meeting of the Board.

7.3.Mr. Mendelsohn reported on the status of the work of the Technology Task Force. Digital communication, RF LANs/WANs, and "Ham Internet" are the topics most frequently mentioned by those submitting proposals.

8.On motion of Mr. Heyn, 63 newly elected life members were recognized and the Secretary was instructed to list their names in QST.

9.On motion of Mr. Mendelsohn, the following clubs were declared affiliated or their earlier affiliation by mail vote was ratified:

Category 1

Amplitude Modulation Society of Buffalo, East Amherst, NY
Chester Amateur Radio Emergency Service, Inc., Chester, SC
Gateway Amateur Radio Society, Winchester, KY
Lubbock Amateur Contest Club, Lubbock, TX
Lycoming County Emergency Management Agency, Montoursville, PA
Narraguagus Bay Amateur Radio Club, Milbridge, ME
Northern Tier Repeater System, Oscola, PA
Paulding Amateur Radio Club, Inc., Marietta, GA
Rainbow Canyons Amateur Radio Club, New Harmony, UT
Red Oak Victory Amateur Radio Club, Kensington, CA
Redwood Amateur Radio Club, Fortuna, CA
Southern Plains Amateur Radio Klub, Liberal, KS
South Puget Sound Emergency Medical Amateur Association, Tacoma, WA
U.S.S. Pampanito Amateur Radio Club, Fremont, CA


Category 2

New Mexico Hamvention, Inc., Albuquerque, NM


Category 3

St. Antoninus School Radio Club, Cincinnati, OH

The ARRL now has the following numbers of active affiliated clubs: Category 1, 1828; Category 2, 20; Category 3, 135; Category 4, 15; Total, 1998.

10.On motion of Mrs. Craigie, the holding of the following ARRL conventions was approved or their earlier approval by mail vote was ratified:

2000

Mississippi State, Feb. 4-5, Jackson, MS
Florida State, Feb. 11-13, Orlando, FL
Tennessee State, Feb. 12-13, Memphis, TN
Vermont State, Feb. 26, Milton, VT
Nebraska State, Mar. 10-11, Norfolk, NE
North Carolina Section, Mar. 11-12, Charlotte, NC
West Gulf Division, Mar. 24-25, Tulsa, OK
North Carolina State, Apr. 9, Raleigh, NC
International DX, Apr. 14-16, Visalia, CA
Delaware State, Apr. 30, New Castle, DE
Louisiana State, May 5-6, Baton Rouge, LA
Washington State, May 13-14, Yakima, WA
Wyoming State, May 27-28, Casper, WY
Texas State, June 9-10, Arlington, TX
Delta Division, June 11, Knoxville, TN
Utah State, July 7-9, Bryce Canyon, UT
Central Division, July 8, Indianapolis, IN
Georgia State, July 8, Gainesville, GA
Oklahoma State, July 29-30, Oklahoma City, OK
Kansas State, Aug. 27, Salina, KS
Kentucky State, Sept. 9, Louisville, KY
Hudson Division, Sept. 16, White Plains, NY
W9DXCC, Sept. 16, Rolling Meadows, IL
Roanoke Division, Sept. 23-24, Virginia Beach, VA
Microwave Update, Sept. 29-30, Trevose, PA
Connecticut State, Oct. 8, Wallingford, CT
Indiana State, Nov. 18-19, Fort Wayne, IN


2001

Central Division, July 7, Indianapolis, IN
Southwestern Division, Sept. 7-9, Riverside, CA
Indiana State, Nov. 17-18, Fort Wayne, IN