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Coordination - Part II: Owners, Licensees and TrusteesBy Richard L. Anglin, Jr., Esq., N6KUB,of Anglin & Giaccherini, ATTORNEYS AT LAW
You have bought your repeater equipment, you have secured a site lease and your repeater
station has been "coordinated" by the recognized "frequency coordinator." Now what?
Section 97.5(a) of the Rules of the Federal Communications Commission ("FCC") states: When a station is transmitting on any amateur service frequency from a location within 50 km of the Earth's surface where the amateur service is regulated by the FCC, the person having physical control of the apparatus must hold an FCC-issued written authorization for an amateur station.This section is the proverbial "station license" requirement. Note that this section does not say "owner," it says "person having physical control of the apparatus," that is, the repeater station equipment. It is a matter of state law, not Federal, to determine who is the rightful "person having physical control of the apparatus" when there is a dispute.
What is the FCC-issued written authorization for an amateur station that must be
held by the "person having physical control of the apparatus?" The answer is found in
47 C.F.R. ¤ 97.5(d). There are six (6) types of acceptable "written authorization," only
two of which are discussed here. Section ¤ 97.5(d) states: The types of written authorizations that permit amateur station operation where the amateur service is regulated by the FCC are: The other acceptable "written authorizations" are (3) a military recreation station license (FCC Form 660), (4) a RACES station license (FCC Form 660), (5) a reciprocal permit for alien amateur licensee (FCC Form 610-AL), and (6) an amateur service license issued by the Government of Canada. The written authorization for an amateur station authorizes the use in accordance with the FCC Rules of all transmitting apparatus under the physical control of the station licensee ... Section 97.5 says nothing about the owners of the station, only the person or organization having "physical control of the apparatus." In theory then, the owner could be someone different from the "station licensee." However, it is the "station licensee" who is responsible for the operation of the station in conformance with the FCC Rules. There has recently been considerable debate about the rights and privileges associated with being a "trustee" of a repeater station. First, the only place the term "trustee" appears in the FCC Rules is in 47 C.F.R. ¤ 97.5(d)(2) in relation to a club station license. The "trustee" is the amateur service licensee who is ultimately responsible for the operation of a club repeater station in conformance of the FCC Rules. There are no other rights and privileges associated with being the "trustee." Furthermore, designation of a club trustee is exclusively the province of the club and its officers. As stated in question 4AA-3.4 of the FCC's Advanced Class, Element 4A, question pool, a "frequency coordinator" has no authority over the call-sign of a repeater, the single right or privilege associated with being a "trustee."
The FCC stopped issuing club call signs in 1980 and has only recently begun issuing them
once again. In Public Notice 07354, issued February 24, 1981, the FCC stated that Section
97.37 had been amended to state: Only modification and/or renewal station licenses will be issued for club and military recreation stations. No new licenses will be issued for these types of stations.The Public Notice went on to state: The desire for a new license seems to arise most often in connection with club stations. The club members can select a licensed amateur radio operator as a trustee for the station and then use the trustee's primary call sign as the club's call sign. Thus, for the past fifteen years the FCC has recognized only the operator/primary station license (FCC Form 660) of the club-designated trustee as the call sign for a repeater station. A club is still required to designate a trustee who is ultimately responsible for the operation of the station, but now the club can get a unique call sign for the repeater station. Can an individual person who has physical control of a repeater station designate another licensed amateur as the "trustee" of his or her repeater station? Although not directly addressed by the FCC Rules, it appears that the term "trustee" applies only to clubs and not to individuals. Coming installments of this series will discuss some of the FCC Orders that affect frequency coordinators and who they serve, the impact of 47 C.F.R. ¤ 97.205(c), and FCC and other Federal sanctions that can be imposed for willful and malicious interference and other prohibited acts.
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