Posted: 8/26/2011 9:24:06 AM EDT
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My wife works at a private non-profit school for children with developmental disabilities. Each year, they have a number of fundraising events that local amateur radio operators help out with. One of the problems has always been providing a sort of liaison between net control and the event organizers.
My wife has her tech. She planned to have her radio on her during the event, to serve as that liaison. The group of hams helping out is concerned that because she works there, she could be considered by the FCC to be on the clock, so to speak, and therefore getting paid to be a ham. This is a 100% volunteer event. All employees of the school who work the event are doing so off the clock, or are salaried. My wife is in the latter category, an d will not receive any comp time or other compensation for her time. So, does she have any pecuniary interest? It doesn't matter really I suppose; we're not going to argue with the guys helping out, but we're curious what you all think. |
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I don't want to play jailhouse lawyer, but I think this is the relevant part of 97:
(i) A station licensee or control station operator may participate on behalf of an employer in an emergency preparedness or disaster readiness test or drill, limited to the duration and scope of such test or drill, and operational testing immediately prior to such test or drill.
If it's a fundraiser and not a drill, she probably shouldn't be doing it unless she's off the clock with no compensation like you stated. From the way you explain it, it doesn't look to me like she has any pecuniary interest. |
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Quoted:
My wife works at a private non-profit school for children with developmental disabilities. Each year, they have a number of fundraising events that local amateur radio operators help out with. One of the problems has always been providing a sort of liaison between net control and the event organizers. My wife has her tech. She planned to have her radio on her during the event, to serve as that liaison. The group of hams helping out is concerned that because she works there, she could be considered by the FCC to be on the clock, so to speak, and therefore getting paid to be a ham. This is a 100% volunteer event. All employees of the school who work the event are doing so off the clock, or are salaried. My wife is in the latter category, an d will not receive any comp time or other compensation for her time. So, does she have any pecuniary interest? It doesn't matter really I suppose; we're not going to argue with the guys helping out, but we're curious what you all think. I won't even begin to go into the path of reading that got me to this information relevant to the OP. Suffice to say that my reading of the FCC order linked below suggests to me that: 1-there is a process to request a waver of the pecuniary interest clause of the amateur rules. 2-that the pecuniary interest rule is now automagically waived for participation in disaster prep drills. So, to the original poster, or others in a similar boat I see 3 paths: 1-go with the volunteer status and hope that it slides by okay. 2-go for a waiver. 3-schedule a disaster prep drill to coincide with the event. IANAL. West Central Ohio ARES blurb with link to FCC order Direct Link to FCC R&O PDF grinning wolf the world wide web is a government sponsored conspiracy to prevent people with ADD/HD from taking over the world |
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Quoted:
Quoted:
My wife works at a private non-profit school for children with developmental disabilities. Each year, they have a number of fundraising events that local amateur radio operators help out with. One of the problems has always been providing a sort of liaison between net control and the event organizers. My wife has her tech. She planned to have her radio on her during the event, to serve as that liaison. The group of hams helping out is concerned that because she works there, she could be considered by the FCC to be on the clock, so to speak, and therefore getting paid to be a ham. This is a 100% volunteer event. All employees of the school who work the event are doing so off the clock, or are salaried. My wife is in the latter category, an d will not receive any comp time or other compensation for her time. So, does she have any pecuniary interest? It doesn't matter really I suppose; we're not going to argue with the guys helping out, but we're curious what you all think. I won't even begin to go into the path of reading that got me to this information relevant to the OP. Suffice to say that my reading of the FCC order linked below suggests to me that: 1-there is a process to request a waver of the pecuniary interest clause of the amateur rules. 2-that the pecuniary interest rule is now automagically waived for participation in disaster prep drills. So, to the original poster, or others in a similar boat I see 3 paths: 1-go with the volunteer status and hope that it slides by okay. 2-go for a waiver. 3-schedule a disaster prep drill to coincide with the event. IANAL. West Central Ohio ARES blurb with link to FCC order Direct Link to FCC R&O PDF grinning wolf the world wide web is a government sponsored conspiracy to prevent people with ADD/HD from taking over the world see above. this is NOT a disaster drill so this rule doesnt apply to her. also 47 C.F.R. ยง 97.113(a)(3) has since been modded see link about 2/3 down the page. |