W3BE'S BE Informed!
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Agreement Between
The Federal Communications Commission
Field Operations Bureau
And
The American Radio Relay League, Inc.
With respect to amateur volunteers

   1. The Field Operations Bureau (FOB - The FOB activity no longer functions under this label. Consult the FCC websitefor the current bureau and office names Ed.) of the Federal Communications Commission (FCC) and the American Radio Relay League, Inc. (ARRL - Also herein referred to as the "League." Ed.) agree to cooperate in a joint effort to improve rules compliance in the Amateur Radio Service, as provided for in Public Law 97-259 (the Communications Act of 1982).

   The objectives of this program are to foster a wider knowledge of and better compliance with laws, rules and regulations governing the Amateur Radio Service, to extend the concepts of self-regulation and self-administration of the Service, and to enhance the opportunity for individual amateurs to contribute to the public welfare as outlined in the basis and purpose of the Amateur Radio Service, while enabling the Field Operations Bureau to efficiently and effectively use its manpower and services.

   The FOB has entered into this agreement with the ARRL to avail itself of the services of the League's Field Organization. FOB may elect to enter into other agreements.

   Regional Monitoring Stations, or other members of the ARRL Field Organization, as directed by ARRL procedure in each case, are the focal points for liaison and the primary communications channel between organized amateurs and the FOB field facilities. This program, the foundation of which will be the ARRL Official Observers, will be known as the Amateur Auxiliary to the Field Operations Bureau. FOB's Regional Directors are responsible for the overview and the direction of the Amateur Auxiliary program in their regions, in conjunction with designated ARRL filed officials, and will jointly review local policies, practices and procedures, and work together, looking to achieve solutions to problems and regional consistency in accordance with FOB's manual for the Amateur Auxiliary which contains basic overall guidance.

   2. Under this specific Amateur Auxiliary agreement, FCC personnel and amateur volunteers may interact to perform the following functions:
      a. maintenance monitoring of the Amateur Radio Service frequencies
      b. fostering wider knowledge of the rules
      c. responding to complaints/allegations and developing procedures which emphasize cooperation and "no fault solutions", and if and when impasses occur, aid and encourage development of solutions through independent mediation
      d. signal identification/source location in support of FOB field facilities
      e. courtesy Amateur Radio station evaluation (this function can only be activated upon specific approval of an FOB Regional Director)
      f. FOB enforcement support (this function can only be activated upon specific approval of an FOB Regional Director
      g. other specific projects as appropriate (information collection, support during emergency operations and so forth).

   3. In order for the provisions of paragraph two (2) of this Agreement to be applied in a location where the need is identified by the parties, the FCC field facility supervisor and the designated ARRL Field Organization official may agree to implement any of the functions of the Amateur Auxiliary as outlined above, provided approval for national implementation of that function has been granted and appropriate training material has been prepared, and the appropriate ARRL official has authorized such action as to the specific case under consideration.

   4. All prospective member of the Amateur Auxiliary will be required to undergo a training and certification procedure administered by ARRL, and successful completion of such training/certification will be required for enrollment.

   5. The above outlined cooperative program is hereby agreed to by the signatories and is in force as of the date indicated below. This agreement may be amended by mutual agreement of both parties and will remain in effect until terminated. FCC/FOB and ARRL will periodically review this agreement and coordinate such revisions as may be necessary. Upon 90 days written notice, this agreement may be terminated by either party.

March 28, 1984                   (signed) Richard M. Smith                   (signed) David Sumner
       Date                                       for FCC                                             for ARRL




Excerpt from Communications Act of 1934 as amended


SEC.4. [47 U.S.C154] PROVISIONS RELATING TO THE COMMISSION
***
      (B)(i) The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act) relating to the amateur radio service, may -
            (I) recruit and train any individual licensed by the Commission to operate an amateur station; and
            (II) accept and employ the voluntary and uncompensated services of such individual.
   (ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating and summarizing violation reports referred under clause (i) and may accept and employ the voluntary and uncompensated services of any amateur station operator organization.
   (iii) The functions of individuals recruited and trained under this subparagraph shall be limited to -
           (I) the detection of improper amateur radio transmissions;
           (II) the conveyance to Commission personnel of information which is essential to the enforcement of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service; and
          (III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service.
Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or take any enforcement action other than any action which the Commission may prescribe by rule.
***
      (E) The authority of the Commission, established in this paragraph shall not be subject to or affected by the provisions of part III of title 5, United States Code, or section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
      (F) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee.
      (G) The Commission, in accepting and employing services of individuals under subparagraphs (A) and (B), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation.
      (H) The Commission may establish rules of conduct and other regulation governing the services of individuals under this paragraph.
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