Address Changes: Kathy Capodicasa, N1GZO, e-mail kcapodicasa@arrl.org.
Editorial: Rick Lindquist, N1RL, e-mail elindquist@arrl.org.
| IN THIS EDITION: |
| CONGRESS ACTS TO PROTECT VOLUNTEERS |
We said it couldn't be done, and so naturally, Congress went and did it! In one of the more promising--not to mention surprising--developments so far in the 105th Congress, the Senate has passed S 544, and the House has passed a companion bill, HR 911, each described as "The Volunteer Protection Act of 1997." The Senate is expected to adopt the House version of the bill, HR 911, and send it along to the President for signature.
As a result, volunteers of nonprofit organizations and government entities will, in the words of the House Judiciary Committee report on the bill, "generally be relieved of liability for harm caused if . . . the volunteer was acting within the scope of the volunteer's responsibilities."
This will be good news to Volunteer Examiners, Official Observers, ARES and RACES volunteers and others working under the sponsorship of a qualifying non-profit organization, all of whom appear to be covered by HR 911. In non-legalese, this means that you aren't as likely to be sued as a result of harm unintentionally caused to someone else, if your actions were part of your responsibilities as a volunteer working on behalf of a government agency or a non-profit organization.
However, until the bill is signed by the President and its various loopholes pass the scrutiny of the legal community, volunteers shouldn't assume they'll automatically be covered. It appears, for example, that radio amateurs who are not working under the sponsorship of a qualifying organization and who volunteer to provide communications during a marathon, bicycle race or other public service or public safety event might not be covered. The same exclusion might apply to frequency coordinators and certain others who--though they are volunteers--aren't participating on behalf of a non-profit entity. While these individuals could affiliate with government or non-profit entities to do their volunteer jobs, the law will clearly protect only those who are "volunteers of a non-profit organization or government entity." The definition is clear with respect to government entities, but it is less clear with respect to "non-profit organizations." These can be Section 501(c)(3) entities, that is, an organization holding a certain tax exemption from the IRS. They also include, however, those organizations which may not be tax-exempt, but which are organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes.
The growing reluctance of private citizens to volunteer for fear of lawsuits triggered interest in this legislation. While some states have enacted volunteer protection statutes, the inconsistency among states has resulted in what the Judiciary Committee calls a "hodgepodge." As a result, the League has promoted liability legislation in Congress for several years, initially to protect VEs and Amateur Auxiliary members.
The new legislation requires that the volunteer be licensed, certified or authorized, "if appropriate or required" by state or local authorities. It does not provide protection where the harm was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or conscious, flagrant indifference to rights or safety of the individual(s) harmed by the volunteer. The House version of the legislation would not cover any volunteer who inadvertently caused harm to another person while operating a motor vehicle that requires an operator license or insurance. Also, certain limitations in existing state volunteer liability laws are not preempted by the Federal protection under the bill.
ARRL's General Counsel Chris Imlay, W3KD, is studying copies of the House and Senate bills to determine the impact on Amateur Radio volunteers of the new legislation.--Steve Mansfield, N1MZA
| FCC CHAIRMAN RESIGNS: PRESIDENT ANNOUNCES FCC NOMINATIONS |
At a press conference May 27, FCC Chairman Reed Hundt announced that he is resigning from the FCC. He will stay a while longer but did not commit to staying until a successor is named. Hundt did not elaborate on his future plans.
Meanwhile, President Clinton has nominated Democrat William Kennard and Republican Harold Furchtgott-Roth to fill vacancies on the five-member Commission. Kennard is now the FCC's general counsel. Furchtgott-Roth--Senate Majority Leader Trent Lott's pick for the Republican FCC slot--is now chief economist for the House Commerce Committee. Both men are 40.
| NORTH DAKOTA-MINNESOTA FLOODS: "MOST HAMS HAVE GONE HOME" |
As the flood waters in North Dakota and Minnesota continue to recede, the slow process of recovery and rebuilding has gotten underway. While some hams remain active in the recovery effort, Minnesota Section Manager Randy "Max" Wendel, N0FKU, reports that "most hams have gone home," if they still had one to go back to. "It is a tiring and emotional time," he said, as flood victims face a sometimes uncertain future.
Many people still stand in food lines provided by the Salvation Army, and occasional radio communication is being conducted for the Salvation Army (SATERN units). "It was quite an experience," Wendel said. "We have learned a lot from what has happened, and will now take that knowledge and apply it for a better future on behalf of amateur radio and ARES in Minnesota."
Wendel said there are tentative plans to hold a joint meeting with various Amateur Radio-related groups to discuss "lessons learned" and how to provide the best service in future disasters. The Association of Minnesota Emergency Managers (AMEM) annual conference this September will feature a presentation on the flooding and the role of Amateur Radio, and Minnesota SEC Gary Peterson, N0ZOD, and Wendel, plan to attend.
"A lot of hams were involved all along the North Dakota-Minnesota border--which is defined by the Red River--and we may never know who they all are, but I hope that they all feel they played an important role on behalf of Amateur Radio public service." Wendel said. "I certainly hope that those hams who were involved can take pride in what they have done to help."
| MIKE FOALE, KB5UAC, ABOARD AND ACTIVE FROM MIR |
Ham-astronaut Mike Foale, KB5UAC, who swapped places with Jerry Linenger, KC5HBR, aboard the Russian Mir space station in mid-May, already is making good on his promise to keep Mir active on the ham bands. Foale is scheduled to spend more than four months on the space station before returning to Earth in September.
Al Lark, KD4SFF, of Greenville, South Carolina, was among the first US stations to snag a QSO with Foale (who was using R0MIR at the time). KD4SFF talked to Foale on Memorial Day and got a chance to try out a few Russian phrases during the QSO. The Mir frequencies are 145.800 MHz (downlink) and 145.200 MHz (uplink).
Foale has FCC permission to speak with unlicensed third parties via ham radio during his stay on Mir. Foale also has permission to use the German Space Amateur Funk EXperiment (SAFEX) equipment on Mir in addition to the 2-meter gear.
An earlier Mir occupant, astronaut John Blaha, KC5TZQ, said in a National Public Radio interview on May 21 that "99% of the systems aboard Mir are working properly," and that internal coolant-loop leaks are the main concern. Right now, the NPR report concluded, Mir "appears to be in better shape than it has in months."
Dave Larsen, N6CO, is the US Mir QSL manager for contacts made with Mir crew members. QSL cards must include date, time, and mode of contact. He does not handle cards for SWL reports. To confirm contacts with the Mir packet radio personal message system (PMS), include the message number issued by the PMS on your QSL. Send QSLs along with a business-size, self-addressed, stamped envelope to: David G. Larsen, N6CO, Box 1501, Pine Grove, CA 95665 USA. For further details, get in touch with Larsen via e-mail at doc@volcano.net.
| ARRL FOUNDATION SCHOLARSHIP WINNERS |
The ARRL Foundation Scholarship Committee has announced the recipients of its 1997 academic scholarship awards. Congratulations to this year's scholarship winners:
To apply for 1998 scholarships, send a self-addressed business-size envelope with two first-class stamps affixed to: The ARRL Foundation Inc, 225 Main St, Newington, CT 06111. The deadline for applications and transcripts is February 1, 1998.
| SOLAR ACTIVITY DECLINES |
Solar seer Tad Cook, K7VVV, in Seattle, Washington, reports: Solar activity declined slightly from the recent peak, which was centered around May 21. Propagation has been very good, with worldwide openings on 20 meters into the late evening here on the West coast. Last week the solar flux was above the 90 day average of 74 on every day. A new region of sunspots appeared on May 23 and again on May 27. In the previous week one new region appeared on May 16, two on May 17, two on May 19, and one on May 21. At last conditions seem to be pulling out of the doldrums.
Geomagnetic conditions were upset on May 27 when the planetary A index was 21. The planetary K index jumped to a very high value of 6 at 0300 UTC, indicating a severe disturbance, but it then dropped back to 2 by 0900 UTC, a very stable, quiet value.
Based on recent conditions, the next solar rotation is expected to produce a decline in solar flux to the low 70s until June 11, when the flux should rise back toward 80. Of course this assumes no new activity, and new activity from the new solar cycle is what we hope for.
W4VOS wrote regarding the recent lack of activity. He mentioned the news item from a January report which talked about an American Astronomical Society meeting in Toronto where scientists from Yale and NASA said that this next solar cycle should show a decrease in overall activity compared to previous cycles. W4VOS noted that after the last solar minimum in 1986, activity jumped right back, and there was no question that the new cycle was on a roll. This time there is a much longer period of low activity between cycles.
Currently there is wide disagreement between experts on when higher activity will resume, and by how much. As an example, NOAA and the National Geophysical Data Center's estimates for the sunspot count for June vary by four to one.
20 meters remains the best band for worldwide propagation during daylight hours.
Sunspot numbers for May 8 through 14 were 23, 14, 23, 26, 12, 15 and 17 with a mean of 18.6. The 10.7-cm flux was 71.9, 71.6, 72, 72.3, 72.2, 73.8 and 73.5, with a mean of 72.5, and estimated planetary A indices were 5, 6, 5, 7, 3, 3, and 6, with a mean of 5.
Sunspot numbers for May 15 through 21 were 15, 27, 47, 32, 51, 57 and 79 with a mean of 44. The 10.7-cm flux was 73, 72.2, 72.8, 74.1, 74.2, 79.1 and 84.8, with a mean of 75.7, and estimated planetary A indices were 53, 12, 12, 6, 4, 6, and 5, with a mean of 14.
Sunspot numbers for May 22 through 28 were 66, 58, 52, 50, 38, 43 and 25 with a mean of 47.4. The 10.7-cm flux was 81, 76.2, 76.9, 78, 80, 78.3 and 77.4, with a mean of 78.3, and estimated planetary A indices were 4, 3, 6, 5, 8, 21, and 6, with a mean of 7.6.
| STEVE S. NURKIEWICZ, N2DAN, SK |
Morse code key crafter Steve S. Nurkiewicz, N2DAN, of Port Charlotte, Florida, died May 21, 1997. He was 70. Nurkiewicz was known by CW ops for his hand-made Mercury paddles, which featured a round, all-chrome design. His wife survives.--Bob Hirsch, W3CW
| In Brief: |
| The ARRL Letter |
The ARRL Letter is published by the American Radio Relay League, 225 Main St, Newington, CT 06111; tel 860-594-0200; fax 860-594-0259. Rodney J. Stafford, KB6ZV, President; David Sumner, K1ZZ, Executive Vice President.
Circulation, Kathy Capodicasa, N1GZO, e-mail kcapodicasa@arrl.org.
Editorial, Rick Lindquist, N1RL, e-mail elindquist@arrl.org.
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