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Minutes of the Executive Committee, Number 468

ARRL Board and Committee Reports

Irving, Texas -- October 13, 2001

Agenda

1. Approval of minutes of May 5 and May 14 (by teleconference) Executive Committee meetings

2. FCC matters

3. Antenna and RFI cases and local regulatory matters

4. Other legal 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, October 13, 2001, at the Dallas/Fort Worth Airport Marriott North, Irving, Texas. Present were the following committee members: President Jim Haynie, W5JBP, in the Chair; First Vice President Joel Harrison, W5ZN; Executive Vice President David Sumner, K1ZZ; and Directors Frank Butler, W4RH, Frank Fallon, N2FF, Tom Frenaye, K1KI, and Fried Heyn, WA6WZO. Also present were International Affairs Vice President Rodney J. Stafford, W6ROD, and General Counsel Christopher D. Imlay, W3KD.

A moment of silence was observed in memory of the radio amateurs and others who were victims of the September 11 attacks as well as for FCC staff member Steve Linn, N4CAK.

1. On motion of Mr. Butler, the minutes of the May 5 and May 14, 2001, Executive Committee meetings were approved in the form in which they had been distributed.

2. FCC matters:

Mr. Haynie reported on Amateur Radio Day at the FCC, held September 18. All of the FCC Commissioners stopped by during the day. He expressed his appreciation to ARRL staff for their exceptional work to make the event a success. Mr. Harrison and Mr. Imlay concurred, adding that the ARRL personnel present were busy with FCC visitors all day, right up to 5 PM.

Mr. Imlay reported on the status of pending FCC matters as follows:

2.1. ET Docket 98-153, Ultra Wideband (UWB) Transmission Systems. It is expected that this proceeding will be resolved by the end of the year. The ARRL has continued to participate in a telecommunications industry coalition that is fighting to limit the interference potential of UWB devices.

2.2. ET Docket 00-47, Software Defined Radios (SDRs). On September 14 the FCC issued a First Report and Order in this proceeding, amending Part 2 of its Rules to create a new class of equipment for SDRs with streamlined authorization procedures. ARRL will continue to monitor the proceeding to make sure it does not result in inappropriate restrictions on amateur use of SDRs.

2.3. Petition for Rule Making, 2300-2305 MHz Amateur Primary Allocation. The FCC is under considerable pressure to increase the commercial use of spectrum in this general frequency range. For the past five years the ARRL has been seeking the upgrading of the Amateur Service in this segment to primary. The request was renewed in a petition, RM-10165, filed on May 7, 2001. A petition by AeroAstro, RM-10166, proposes a co-primary allocation but would place new restrictions on amateur operation in the 2300-2305 MHz band in order to protect a new use that is not contemplated in the international table of frequency allocations. A resolution of the issue is not expected for several months.

2.4. ET Docket 00-221, Reallocation of Government Transfer Bands, and RM-9797, Microtrax Petition for New Personal Location System at 2300-2305 MHz. It is our understanding that the FCC is not planning to accommodate Microtrax at 2300-2305 MHz. However, another aspect of this proceeding relates to increased commercial use of 216-220 MHz. This may further erode the usefulness of our limited access to 219-220 MHz.

2.5. ET Docket 00-258, 2390-2400 MHz. Comments on a FCC Further Notice of Proposed Rule Making are due October 19. Mr. Imlay distributed a draft of comments and requested feedback. The draft comments conclude that additional commercial use of 2390-2400 MHz is incompatible with the amateur primary allocation, but it may be possible to accommodate some government sharing.

2.6. RM-9949, Amateur Primary Allocation, 2400-2402 MHz; RM-9404, Petition for New Amateur Allocations at 135.7-137.8 kHz and 160-190 kHz; RM-10209, Petition for New Amateur Allocation at 5.250-5.400 MHz. It is anticipated that these three ARRL petitions may be combined into a single FCC proceeding in early 2002.

2.7. PR Docket 92-257, Concerning Maritime Communications. In this proceeding the FCC seeks to convert the Automated Maritime Telecommunications System (AMTS) from site-specific licensing to geographic area licensing, thus permitting auctions for AMTS licenses. The ARRL took the opportunity to comment that AMTS licensees can, and do, refuse to consent to amateur operations in the 219-220 MHz band even if there is no technical justification for the withholding of consent.

2.8. RM-10051, SAVI Technology Petition for Part 15 Periodic Radiators at 433.9 MHz. SAVI Technology seeks a dramatic increase in the duty cycle, and therefore of the interference potential, of Part 15 devices in this band. The ARRL filed strong opposing comments. A demonstration of the proposed devices at Mr. Haynie's residence confirmed the significant interference potential of the devices, which are incompatible with amateur reception of weak signals.

2.9. ET Docket 99-231, Further Notice of Proposed Rule Making Regarding Part 15 Spread Spectrum Devices. The ARRL filed comments opposing the elimination of the processing gain requirement for direct sequence spread spectrum systems in the 2400-2483.5 MHz band because the requirement gives manufacturers an incentive to design spectrum-efficient systems.

2.10. Application for Review, RM-8763, PRB-1 Modification and Clarification. One focus of Amateur Radio Day at the FCC, reported earlier, was to acquaint FCC Commissioners and staff with the obstacles faced by many amateurs who want to install unobtrusive antennas on property governed by private deed restrictions. Opportunities for Congressional hearings are also being pursued. However, there is considerable reluctance at the federal level to take up the issue.

Mr. Imlay noted that the FCC has requested parties to "refresh the record" in IB Docket 95-59 regarding reconsideration of rules adopted in 1996 on preemption of local zoning regulation of satellite earth stations. He observed that this may provide an opportunity to argue against inconsistent interpretation of the Commission's authority to preempt private land use restrictions. On motion of Mr. Heyn, the General Counsel was instructed to prepare and file appropriate comments in this proceeding.

2.11. A petition filed by Jeff Briggs, K1ZM, and Bill Tippett, W4ZV, seeks FCC restrictions on frequencies available for wideband modes in the 160-meter band. The petition has not been assigned an RM-number and no ARRL action is required at this time.

2.12. Similarly, the FCC has not yet assigned an RM-number to a petition by Kenwood Communications Corporation seeking amendment of Section 97.201(b) to permit auxiliary operation in the bands 144.5-145.8 MHz and 146-148 MHz.

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2.13. Mr. Imlay noted the filing by Loea Communications Corp., Lihue, Hawaii, of a petition seeking the allocation of 71-76 GHz and 81-86 GHz to the fixed microwave services. It was agreed that brief comments should be filed noting that the Amateur Service continues to have access to 75.5-76 GHz until 2006.

2.14. In response to a question about FCC enforcement, Mr. Imlay observed that FCC Special Counsel for Amateur Radio Enforcement Riley Hollingsworth, K4ZDH, is working on the most critical areas of concern. Much of Mr. Hollingsworth's attention currently is devoted to repeaters in Southern California.

The committee was in recess for luncheon from 11:57 AM to 1:21 PM.

2.15. Mr. Imlay reported that a request has been received for the ARRL to arrange arbitration of a repeater coordination dispute. He will be arranging for a Volunteer Counsel to serve as arbitrator.

2.16. Mr. Frenaye inquired as to whether the disclaimer appearing on the FCC Enforcement Log on the ARRL Web site makes it sufficiently clear that a licensee who receives a letter from Mr. Hollingsworth has not been found guilty of a violation of FCC rules. Mr. Imlay agreed to review the disclaimer.

3. Mr. Imlay reported that Barry Gorodetzer, N4IFE, has been awarded his attorney's fees by a Florida trial court in his successful suit against the Emerald Estates Community Association. The Association has appealed. The ARRL Antenna Case Assistance Committee has provided funding to help cover the opposition to the appeal. The status of other cases involving amateur antennas was reviewed briefly.

4. Other legal matters:

4.1.Mr. Imlay reported briefly on other legal matters.

4.2. The committee discussed election matters without taking formal action.

4.3. Mr. Imlay noted that the FCC frequently issues Experimental licenses authorizing operation, on a non-interference basis, in amateur bands. Some require coordination with ARRL but many do not. The General Counsel was asked to continue to monitor these license grants and to call attention to any that represent a significant interference potential.

4.4. On September 13, the FCC released the report on FCC reform prepared by Mary Beth Richards, Special Counsel to the Chairman. The report is available on the FCC Web site. Mr. Imlay said the report deserves close review.

5. Mr. Sumner gave a brief verbal report on legislative matters. Understandably, Congress presently is preoccupied with matters arising from the September 11 terrorist attacks.

6. International matters:

6.1. Mr. Stafford reported on the 14th General Assembly of IARU Region 2, held in Guatemala City September 30 -- October 5. Club de Radioaficionados de Guatemala did a commendable job as host. Attendance was down compared to prior conferences, with 13 member-societies present in person and 8 represented by proxy. A new Constitution and Bylaws for the Region were adopted. The Region is in good financial condition with ample reserves. Mr. Stafford was elected Secretary. Region 2 President Tom Atkins, VE3CDM, did not seek re-election and was honored for his 18 years of service as an officer of the Region. The new Executive Committee headed by Pedro Seidemann, YV5BPG, is committed to improving communication with member-societies, working with CITEL on WRC-03 issues, and planning a program for the 15th General Assembly in 2004, scheduled for Trinidad & Tobago, that will attract more member-societies to attend.

The Bylaws of Region 2 require that before naming the chair and members of any permanent working committee, the Region 2 Executive Committee shall consult with the member-society of the country in which the prospective appointee resides.

On motion of Mr. Butler, the Executive Committee concurred with the appointment of Rick Palm, K1CE, as Region 2 Emergency Coordinator.

On motion of Mr. Heyn, the Executive Committee concurred with the appointment of Dale Hunt, WB6BYU, as Region 2 ARDF Coordinator.

It was noted that there will be further consultation regarding the appointment of a Region 2 Beacon Coordinator.

6.2. Mr. Stafford reported that the Deutscher Amateur Radio Club (DARC) of Germany has offered to assume the administration of the International Travel Host Exchange, a program that was initiated by the ARRL some years ago. On motion of Mr. Butler, the offer of DARC was accepted with thanks.

7. Organizational matters:

7.1. After review, on motion of Mr. Butler, the nomination of Evelyn Gauzens, W4WYR, for the office of Honorary Vice President was endorsed and forwarded to the Board for consideration at the 2002 Annual Meeting.

7.2. Mr. Heyn advised that the Volunteer Resources Committee had requested guidance on the significance of the sentence, "These rules and regulations shall have the force and effect of the Bylaws of the League," which appears in the Rules and Regulations of the ARRL Field Organization and the Rules and Regulations Concerning Affiliated Societies. After discussion, on motion of Mr. Heyn, it was voted to refer the request to the General Counsel and staff for investigation and recommendation. The task is to be completed prior to the November 10 meeting of the Volunteer Resources Committee.

7.3. Bylaw 25 provides that meetings of the ARRL Board of Directors shall be held in the vicinity of Newington, Connecticut, unless the Board determines otherwise by majority vote in accordance with procedures set out in the bylaw. At the request of President Haynie, staff investigated the cost of holding the 2002 Annual Meeting in other locations and determined that the cost of holding the meeting in the vicinity of Dallas was about the same as holding it in Connecticut. After discussion, on motion of Mr. Butler, a mail vote of the Directors was ordered on the following resolution: "Resolved, that the 2002 Annual Meeting of the Board of Directors shall be held in the vicinity of Dallas, Texas, beginning on Friday, January 18."

7.4. Lessons learned from the terrorist attacks and Amateur Radio's role in supporting rescue and recovery efforts were discussed.

8. On motion of Mr. Fallon, 221 newly elected life members were recognized and the Secretary was instructed to list their names in QST.

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

Category 1

Battleship New Jersey Amateur Radio Station, Gloucester, NJ

Baycare Emergency Amateur Radio Service, Tampa, FL

Benton County Radio Operators, Pea Ridge AR

DeKalb County Amateur Radio Club, Smithville, TN

Empire Contest Club, Staten Island, NY

Heart of Texas DX Society, Waco, TX

High Desert Amateur Radio Club, Bend, OR

Hilltop Transmitting Association, Inc, Felton, PA

Mercer County Emergency Radio Club, Lawrenceville, NJ

Mohawk Contest Club, Athol, MA

Northern Rockies DX Association, Great Falls, MT

Oklahoma City Autopatch Association, Edmond, OK

Pinellas Amateur Radio Klub, Pinellas Park, FL

Sheriff's Tactical Amateur Radio Club, Valrico, FL

Sierra Radio Association, San Jose, CA

Spring Amateur Radio Club, Houston, TX

Summit County American Red Cross Amateur Radio Club, Munroe Falls, OH

Tri-County CW Amateur Radio Club, Irwin, PA

Ubiquitous Radio Club, Monticello, IL

Virginia Appalachian Wireless Association, Rich Creek, VA

Zanesville Amateur Radio Club, Zanesville, OH

Category 2

DelMarVa DX Association, Sanford, DE

Texas Repeater System, Dallas, TX

Category 3

Aggie Amateur Radio Club, Greensboro, NC

Community College of Indiana Bloomington Amateur Radio Club, Bloomington, IN

Vinal Tech Amateur Radio Club, Middletown, CT

Category 4

Santa Barbara Section Council of Clubs, Ventura, CA

The ARRL now has the following numbers of active affiliated clubs: Category 1, 1,735; Category 2, 31; Category 3, 112; Category 4, 16; Total, 1,894.

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

2001

Arizona State, July 27-29, Flagstaff

Alabama Section, Aug. 18-19, Huntsville

New Mexico State, Aug. 25-26, Rio Rancho

Oklahoma DX Operating Specialty, Oct. 6, Bristow

Pacific Division, Oct. 19-21, Concord, CA

Georgia State, Nov. 3-4, Lawrenceville

2002

New York City/Long Island Section, Jan. 20, North Babylon

Southeastern Division, Feb. 2-3, Miami, FL

Northern Florida Section, Feb. 8-10, Orlando

North Carolina State, Apr. 14, Raleigh

EMCOMM 2002 Operating Specialty, Apr. 20-21, Palo Cedro, CA

Missouri State, May 3-4, Lebanon

Atlantic Division, May 31-June 2, Henrietta, NY

Eastern Pennsylvania Section, June 8, Bloomsburg

Midwest/Dakota Division, June 14-15, South Sioux City, NE

Georgia State, July 13, Gainesville

Arizona State, July 26-28, Flagstaff

New England Division, Aug. 23-25, Boxboro, MA

Pacific Division, Oct. 18-20, Concord, CA

Georgia Section, Nov. 2-3, Lawrenceville

Florida State, Dec. 7-8, Palmetto (Tampa)

2003

Western New York Section, Aug. 3, Williamsville

11. It was agreed that the next meeting of the Executive Committee will be held on Thursday, January 17, 2002, at the location of the Annual Board Meeting.

12. There was further discussion of radio amateurs' support of the rescue and recovery efforts on and after September 11 and the difficulty of bringing these contributions to the attention of the public.

There being no further business, the meeting was adjourned at 5:00 PM.

Respectfully submitted,

David Sumner, K1ZZ
Secretary



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