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BE Informed No. 3.0

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Section 97.113 Smell Tests

For

Amateurs and Professionals

John B. Johnston W3BE

Communication Smell Test for amateurs

Our amateur service was fundamentally intended for the purpose of self-training, intercommunication and technical investigations carried out by amateurs. Section 97.3(a)(4) defines an “amateur” as a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. This definition is also similarly codified in SEC. 3. [47 USC 153](2) of the Communications Act as well as international Radio Regulations (RR) No. 1.56 and the United States Code of Federal Regulations Title 47 Section 2.1(c).

   Amateurs are expected to utilize certain allocated radio spectrum to intercommunicate about topics of concern to duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest who engage in self-training, intercommunication, and technical investigations. For them, Section 97.113 says, in effect, that no designated Section 97.105 control operator should cause or allow the station to be used for any communications unless No can be answered truthfully and completely for each and every one of the following Smell Test questions:

A1. Is this communication specifically prohibited in Part 97 of the FCC rules?

A2. Is this communication for hire?

A3. Is this communication for direct material compensation?

A4. Is this communication for indirect material compensation?

A5. Is this communication for paid material compensation?

A6. Is this communication for promised material compensation?

A7. Does the Section 97.103 station licensee have a pecuniary interest in this communication?

A8. Does the control operator have a pecuniary interest in this communication?

A9. Is this communication on behalf of the Section 97.103 station licensee’s employer?

A10. Is this communication on behalf of the designated Section 97.105 control operator’s employer?

A11.0 Can this communication be reasonably furnished alternatively through another radio service?

A11.1 If this communication be reasonably furnished alternatively through another radio service, is this communication being transmitted on a regular basis?

Smell Test for professionals

   For a person holding a Section 97.5(b)(1) operator/primary station license grant - but who otherwise falls short of the core domestic statute and ITU international definition of an amateur as being a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest - that person is a professional. As such, they are also authorized to cause or allow the station to be used for communications whenever YES can be answered truthfully and completely for at least one of the following Smell Test questions:

P1. Are you the Section 97.103 station licensee and/or designated Section 97.105 control operator of a Section 97.5(b) amateur station participating on behalf of an employer in an emergency preparedness or disaster readiness test or drill?

P2. Are you the Section 97.103 station licensee and/or designated Section 97.105 control operator of a Section 97.5(b) amateur station participating on behalf of an employer in operational testing immediately prior an emergency preparedness or disaster readiness test or drill?

P3. Are you the designated Section 97.105 control operator of a Section 97.5(b)(2) club station for which you accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution?

P4. Are you the designated Section 97.105 control operator of a Section 97.5(b)(2) club station for which you accept compensation for the periods of time when the station is transmitting Section 97.113(a)(3)(iv) telegraphy practice or information bulletins, and the station transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules operations on at least six amateur service MF and HF bands using reasonable measures to maximize coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmissions; and where you do not accept any direct or indirect compensation for any other service as a control operator?

P5. Are you the Section 97.103 station licensee and/or designated Section 97.105 control operator of a Section 97.5(b) amateur station engaged in providing an alternative to the commercial communications infrastructure impacted by an emergency?

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October 30, 2017

Supersedes all prior editions