Author Topic: Can I allow a licensed ham from another country to transmit?  (Read 14912 times)

Offline kg6ypi

  • Administrator
  • Remote Master
  • *****
  • Posts: 1328
    • RemoteHams.com
Can I allow a licensed ham from another country to transmit?
« on: September 11, 2011, 08:24:59 am »
There is many question about the legality of operating a remote over the internet. The FCC does regulate which countries are allowed to transmit in the USA. Below is a list of pages to help assist radio owner's or users in making the proper decision.

This only applies to remote that are located in the USA.
Please follow your countries rules!

Operation in the US by Foreign Amateurs
http://www.arrl.org/foreign-licenses-operating-in-u-s

If the country of which you are a citizen and an amateur licensee has entered into a multilateral operating agreement with the US, CEPT or IARP, no additional permit is required -- simply bring your CEPT or IARP documentation when you visit the US. Identify your station by the US call district identifier, such as W3/G1ABC. Use "W" and the number of the FCC call letter district in which you are operating followed by a slash and your home call sign (plus any other CEPT or IARP requirements). Amateurs must be a citizen of the country in which they are licensed. Check these links for a list of the US call districts shown graphically or for a text listing. And make sure to check the current information with the FCC. This is intended for short visits.

How does a foreign amateur obtain permission to operate in the US?
http://www.arrl.org/obtaining-permission

CEPT Countries (found @ bottom of page)
http://www.arrl.org/cept

IARP Countries (found @ bottom of page)
http://www.arrl.org/iarp

Operating Internationally
http://www.arrl.org/files/file/Regulatory/International%20Operating.pdf

Countries with Automatic Reciprocity with United States (in addition to CEPT and IARP)
http://wireless.fcc.gov/services/index.htm?job=about_4&id=amateur

If your country of citizenship and amateur license is not named in the list of countries that have such agreements with the US, then no operating agreement is in effect between the US and that country--and operation is not possible in the US based on your home license.
« Last Edit: October 23, 2016, 11:30:31 am by w8rj »

Offline m0rcx

  • Just starting...
  • *
  • Posts: 5
Re: Can I allow a licensed ham from another country to transmit?
« Reply #1 on: June 21, 2015, 04:06:48 am »
T&C of the UK Licence are very clear that we cannot permit remote use by other Amateur Operators.

Extracts from the Licence reads as follows:

3(2) The Licensee may permit the operation of the Radio Equipment by a person who holds
a current United Kingdom Amateur Radio Licence provided that any such operation of the
Radio Equipment is carried out in the presence of and under the direct supervision of the
Licensee
and that such persons are made aware of, and of the requirement to comply with,
the terms, conditions and limitations of this Licence.

10(3) This Clause 10 does not permit the Licensee to install Radio Equipment capable of
Remote Control Operation for general unsupervised use by other Amateurs
.

10(7) Only where this Licence is a Full Licence, Full (Reciprocal) Licence, Full (Temporary
Reciprocal) Licence or a Full (Club) Licence, the Licensee may make use of any
communications links (including, for the avoidance of doubt, the amateur band allocations
detailed in Schedule 15) to establish the wireless communication links referred to in Clause
10(4).

16 Operation by the Licensee in CEPT countries

16(1) Where this Licence is a Full Licence, but not a Full (Reciprocal) Licence, a Full
(Temporary Reciprocal) Licence or a Full (Club) Licence, the Licensee may operate in
countries which have implemented CEPT Recommendation T/R 61-01 in accordance with
the terms of CEPT Recommendation T/R 61-01 provided that the Licensee is only a
temporary visitor to and not a resident of the relevant host country
.
16(2) Where the Licensee is authorised to operate abroad in accordance with Clause 16(1),
the Licensee shall:
(a) comply with the requirements applicable to the use of wireless telegraphy
apparatus at the location of operation in the host country;
(b) present this Licence upon request to the relevant supervisory authorities in the
host country;
(c) unless instructed otherwise by the host country, use the Callsign specified in
Section 1 of this Licence after the appropriate host country Callsign prefix.

CEPT
Recommendation T/R 61-02;

I have checked this with RSGB an overseas Amateurs operating under CEPT T/R 61-02 must be present in the country for the agreement to be in effect.

I have therefore removed all TX capability but have still to have an authoritative  answer on remote tuning an RX receiver as it could be deemed to be radio equipment and as such clause 10 would apply. If the equipment was an sdr receiver such as a dongle etc  with no possibility of tx I am sure the clause would be satisfied

https://services.ofcom.org.uk/amateur-terms.pdf

http://rsgb.org/main/archive/consultation-archive/ofcom-consultations/licence-review-preparation/remote-operating/

regards
Robert
« Last Edit: July 28, 2015, 11:16:22 am by m0rcx »

Offline py2nft

  • Just starting...
  • *
  • Posts: 6
Re: Can I allow a licensed ham from another country to transmit?
« Reply #2 on: June 26, 2015, 02:08:22 pm »
We have the CEPT agreement CEPT stands for the European Conference of Postal and Telecommunications Administrations, which provides radio-amateur licenses that allow amateurs to travel to and operate from most European countries without obtaining an additional license or permit.

We have the IARP agreement International Amateur Radio Permit --- For operation in certain countries of the Americas -- allows amateurs to operate without seeking a special license or permit to enter and operate from that country other than the IARP

We have the Protocol of  Amendment to the Inter-American Convention on an International Radio Permit (A-67) Allow amateur radio operators with either the CEPT Radio Amateur License or the IARP to operate temporarily in both CEPT member states and IARP State Parties without having to obtain additional licenses and without having to pay additional duties, taxes, and fees.

Please see http://www.oas.org/en/sla/dil/inter_american_treaties_A-67_radio_permit.asp

If this is true, I beleive it is,  for this understanding   any amateur radio  which his country is  CEPT or IARP member should have right to tx. In my remote US,UK and all other countries member are welcome.

73 py2nft paolo

Offline ve9cb

  • Just starting...
  • *
  • Posts: 3
Re: Can I allow a licensed ham from another country to transmit?
« Reply #3 on: August 30, 2017, 05:58:21 pm »
I believe the short answer is NO, unless the Foreign Ham also holds a US licence.

The Canada-US Reciprocal Operating Treaty, CEPT Recommendation T/R 61-01 and the IARP all provide authorisations for visiting operators.  None of these agreements considered or addressed remote operating.

You cannot visit a country without actually being on its territory.  Virtual visiting is not visiting at all.

I suggest that operating a remote station in the US requires a US licence.  This increasingly easy with US licence exams happening at hamfests in many places outside the US. 

73,

Dave VE9CB and W8SR
« Last Edit: August 30, 2017, 11:53:57 pm by ve9cb »

Offline w8rj

  • Support Tech
  • Remote Master
  • ****
  • Posts: 2003
Re: Can I allow a licensed ham from another country to transmit?
« Reply #4 on: August 31, 2017, 05:27:05 am »
Here is a letter from the FCC addressing remote operations sent to one of the owners of a remote station.

From: William Cross <bcross@fcc.gov>
To: XXXXXXXXXXXXXXXXXXXXX
Subject: Re: W7DXX Remote Base
XXXX:
Good to talk to you again too. These questions keep coming up as you guys put these systems together.
As I mentioned, we don't regulate systems-we regulate stations. As I also recall, the answer a couple
of months ago was .....such operation is OK as long as the foreign amateur does not exceed his/her
authority of license AND THERE IS A RECIPROCAL OPERATING AGREEMENT BETWEEN THE US AND THE
ALIEN'S GOVERNMENT. That would be consistent with the rules that apply to this situation.
The real issue here is Who is the control operator of station W7DXX. Section 97.7 answers
the question-a control operator must be a person whose license grant appears on the ULS database
or who is authorized for alien operation by Section 97.107.
See http://www.fcc.gov/wtb/amateur/reciparr.html for the list of reciprocal countries.
Those eligible under recips include all the Canadian hams and licensees from a slew of other
countries including many European and Central/South American countries. The foreign amateur
does not exceed his/her authority of license is a condition in Section 97.107-always has been.
(This is why we get odd situations where a ham from Finland on the way to a DXpedition to
Howland Island can't (legally) operate 40M SSB in the continental US but can at a US Pacific
territory-the rules authorize SSB at 7075-7100 at our Pacific islands, which overlap with the
privileges the Finn has in ITU Region 1.) Section 97.301(a) and (b) authorize those holding
CEPT licenses and IARPs to be control operators and they get either Tech or Extra Class privileges.
So a European ham holding a CEPT license from a country that does not have a recip with the
US could be a control op based on his or her holding the CEPT license. Likewise a European
ham that does not have a CEPT license or a recip agreement could not be a control op of W7DXX.
The internet connection with IP is a common carrier system so it is in a sense an
extended mic cord. The amateur service rules don't address common carrier systems-our
authority starts at the mic connector and the knob diddling-so to speak. The definition of
local control, Section 97.3(a)(30), may help you sort all this out.
Fortunately for me though, you are the one who gets to sort out all this who has what authorization
stuff because it's your station and (Section 97.103) you are responsible for its proper operation.
Also remember Remote base isn't in the rules-this is some system configuration you
guys invented.
BTW, I was listening to the Marine Mobile Net on 14.313 on your website when you called.
Bill
73
Roger
W8RJ