OCRA Board of Directors Policy Statement – OCRA Repeater Code of Conduct

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Approved by the Orange County Board of Directors, April 13th 2021 Meeting

Introduction

Orange County Radio Amateurs, Inc has over the years been very fortunate regarding licensed amateur transmissions on its repeaters, especially the 442.150 repeater with its wide regional coverage. The vast majority of the licensed operators using OCRA repeaters set an exemplary example of ham radio communications.

OCRA repeaters are one of the more visible assets of the club and are “G-Rated” 24 hours a day. We want non-hams to know that Amateur Radio is an interesting hobby and a good group of people to know.

Incidents occurring in 2020 have necessitated closing the repeater as required by FCC regulations to prevent radio transmissions in violation of FCC & other Federal Laws. When the repeater must be closed, it will be available only for scheduled nets or when sufficient control operators are scheduled to monitor transmissions and shut it down upon further violations. When these situations occur, status information will be posted on the OCRA website home page. Information regarding violations can be sent via this link to the OCRA Board of Directors .

The acceptable use policy proposed below is drawn from policies published by a number of other amateur radio clubs who have faced similar situations on their repeaters.

Illegal Practices

    1. Violations of FCC Regulations and the Federal Decency Act for Radio Transmissions e.g. profanity, racial, ethnic derogatory comments require the repeater to be immediately shut down.
    2. Repeater users shall not make any transmissions suggesting, advising, or otherwise recommending any illegal activity or “messages encoded for the purpose of obscuring their meaning. read more…
    3. Unidentified transmissions including “kerchunking” are not allowed per FCC regulations. If you need to test your radio, just say your call sign and the repeater will respond with the courtesy tone. read more…
    4. Dealing with illegal interference. If the person is unlicensed, it is against FCC regulations to communicate with them. It is best to not acknowledge or let the interferer know the effect their transmissions may cause. To do so only feeds the “attention seeking” of the individual causing the interference. read more… read more…
    5. Prohibited Transmissions (Part 97.113 Sections 2 & 3) No amateur station shall transmit communications for hire or for material compensation, direct or indirect, paid or promised. See FCC Section 97.113 for further details. An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis.
    6. Prohibited Transmissions per 47 CFR 97.113 (Recommend Review of 97.113 in its entirety)

In brief:

    • Rebroadcasting law enforcement or public safety radio transmissions at any time is not permitted. No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station (with limited exceptions in 97.113)
    • Retransmissions must be for the exclusive use of amateur radio operators and may not be conducted on a regular basis, but only occasionally, as an incident of normal amateur radio communications.

Best Practices in Communications, Common Courtesy, Use of Repeater as a Shared Resource

  1. Repeaters are a shared resource & require cooperation in its use. Be attentive to the amount of time you use the repeater to allow time for others. Be a considerate operator.
  2. Long winded, reoccurring conversations by the same users or, conversations in poor judgement have led to:
    1. Illegal interfering transmissions from others tired of hearing an individual on the repeater.
    2. Others to stop using or listening to the repeater.
  3. Using the repeater as a platform for soap boxing is not allowed. Soap boxing is when a user carries on a conversation on the repeater that is a thinly disguised broadcast. The subject is generally to “put down” an institution, group, or individual over as wide as possible audience.

How to sound like a pro when operating on a repeater. https://rmrl.org/dl/operating_on_a_repeater.pdf

Enforcement Pathways include the following:

  1. First Warning: Verbal reminder (not over the air), email, phone call.
  2. Written Warning: Formal Warning from the Board of Directors and placed under routine moderation by designated repeater Control Operators.
  3. Continued Violation after Written Warning. Individuals may be formally banned by the Board of Directors. Attempts to use the repeater for other than bona fide emergencies after being banned will lead to a filing for enforcement action by the FCC.

Repeater transmissions may be recorded at any time for the express purpose of diagnosing technical problems, for minutes of official club meetings and for gathering evidence of FCC rule & code of conduct violations for review by the OCRA Board of Directors and submission to the appropriate Federal agency for enforcement action.

The FCC and SERA (South Eastern Repeater Association) suggest the use of recordings for reporting violations. Re: fcc.gov quote:

“When filing a complaint….. include a recording or transcript of a broadcast when possible, though any documentation you provide becomes part of the FCC’s records and may not be returned”

Reference Quotes from FCC Enforcement Action

The US Court of Appeals for the District of Columbia Circuit ruled that the Federal Communications Commission can prohibit a certain type of conversation over a particular frequency where the alternative would be to deny many intended users any access to the frequency. Finally, the court held that the prohibitions in Section 97.113 are reasonable exercises of the Commission’s authority to “[c]lassify radio stations” and to “[p]rescribe the nature of the service to be rendered by each class of licensed stations and each station within any class. (paragraph 46) ….“It is well-established that regulation of radio in general does not violate the First Amendment or Section 326, 33 and courts have made clear this conclusion.” (paragraph 12) read more…

Reference Sources for OCRA Acceptable Use Policy.

W7ARA Arizona Repeater Association

WB4GBI Repeater System – Tennessee

AA5RO Alamo Repeater Association

WB4GBI Acceptable Use Policy (PDF file)

KB5UJM Repeater Code of Conduct

K9WZ Repeater.org

Escondido Amateur Radio Society Rules of Conduct

Rocky Mountain Radio League

Google Search – Amateur Radio Repeater Code of Conduct

Electronic Code of Federal Regulations – FCC Part 97 – Amateur Radio

Telecommunications Act of 1996 – Obscene, Indecent, Profane Language

FCC – Amateur Communications & Operations FAQ

FCC EDOCS – Amateur Proceedings, Decisions, Enforcement Action

FCC – Interception and Divulgence of Radio Communications

Radio Television Digital News Association (Rules regarding re-broadcasting of Police Scanner Traffic

Monthly Membership Meeting Minutes – March 8th, 2021

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ORANGE COUNTY RADIO AMATEURS

Monthly Membership Meeting – March 8, 2021 – 7:30 pm

Platforms Utilized: OCRA UHF Repeater and Zoom.

MINUTES

MEMBER CHECK-IN – W4SAR (David) and KR4UB (Dan):

OCRA UHF REPEATER: W4SAR (David), KU4GC (Dee), W4ORD (Lad), KA1HPM (Nick), W1AEN (Ed), KO4GJO (Boyd), KK4RRT (Michael), KO4DHJ (Ken), KM4MBG (Jack), KR4UB (Dan), KA5ETS (Doug), KD4YJZ (Karen), KO4JAW (Mark), KO4ICM (Doug), KI4RAN (Bill), W4APM (Alan), N1LN (Bruce); N7RYN (Ryan), K2RRT (Mark), WB4OSU (Sherry), N1YXU (Laurie), KM4IWI (Bill) and N2XZF (Paul).

ZOOM: N8BR (Bill), NA4VY (Dave), and KR4UB, Dan),

OFFICER’S REPORTS:

President – W4SAR (David): Introduction and General Remarks

Vice president – W4ORD-(Lad): We are still in limbo with respect to arrangements for a holiday party. The final decision to have a party depends on the situation with Covid 19.

Treasurer – KR4UB (Dan): Current Club Membership stands at 96 current active paid-up members and 30 requiring renewal. 32 new members have been added during the past 12 months with 16 of those being newly licensed.

Secretary – N8BR (Bill): No formal report. But, in response to David’s request I will briefly review the Club’s proposal for processing club minutes.

  1. Executive Board Meeting Minutes – The club secretary will prepare draft minutes of executive board meetings and distribute them electronically to board members for review and approval within seven (7) days of the board meeting.  Board Members will be permitted seven (7) days to review those draft minutes, articulate recommended revisions to the secretary, and for him/her to post the revised minutes on the club website for the general membership.
  2. General Membership Meeting Minutes – The club secretary will prepare draft minutes of general membership meetings and distribute them electronically to board members for review and approval within seven (7) days of the general membership meeting.  Board Members will be permitted seven (7) days to review those draft minutes, articulate recommended revisions to the secretary, and for him/her to post the revised minutes on the club website for the general membership. Approval or disapproval of the minutes will be voted upon by general membership present at the following general meeting. Proposals #1 & #2 above were discussed at length by the executive board, revised pursuant to their recommendations, and adopted unanimously by their vote.

KR4UB (Dan): The report this evening is focused on our club’s development of a comprehensive code of conduct for amateur operators using our repeaters. For many years we have been blessed with repeater users who follow accepted protocol and practice common sense guidelines on the repeater. But unfortunately, in 2020 we have witnessed a disturbing increase in the number of transmissions violating FCC regulations. A number of these events required that our repeater be temporarily shut down as required by the FCC for a period of time. The OCRA Board of Director’s response has been to develop a set of guidelines which succinctly articulates the standards of behavior we expect our users to adhere to. Our executive committee along with representatives from the DFMA have worked hard to draft a document that accomplishes that goal, It has now gone through a number of iterations the most recent of which is posted on our club’s website. We are currently seeking input on that document from our membership, and plan to vote acceptance of the final version as policy before the next general meeting.

W4SAR (David): We are making progress with the development of revised job descriptions for our officers and board members at large. The document has gone through several iterations and will be adopted by the board shortly.

N1LN (Bruce): This report is relevant to the development of a club based equipment Loan Program. It is a new initiative for the Orange County Amateur Radio Club, having been launched in January, 2021. Its goal is to help club members who are new to the hobby borrow a piece of club-owned-equipment for a period of up to one year in order to get a new station up and running, or to replace failed gear in an existing setup. Our goal is to compile a list of club-owned equipment that is available to loan and give that information to club members. Club members familiar with loaned items will be available to help with their installation and use. Noteworthy is the fact that one Kenwood transceiver has been loaned to a club member via this initiative,

Action Item: Bruce will be finalizing the document and putting it on Google Docs. Also, Bruce will start to build a list of loanable equipment by sending an email to all club members requesting info about potential items they would like to add to the list. Some of the equipment could be OCRA owned and some owned or donated by members to the club.

W4SAR (David): A number of folks have applied to the club for license exams. Currently we are not using the B’Hai center for meeting purposes. When the CDC comes through with new guidelines and the parish is happy with the safety of its facility we will go back to holding face-to-face meetings there once again. Lad (W4ORD): commented on a recent covid 19 report that up-dated the proposed interval thought to exist between vaccination time and the development of immunity. A discussion about field day arrangements ensued. It was recalled that some weeks ago the ARRL renewed the modifications in traditional field day rules that applied last year regarding home based (D and E classified) stations. The current plan is to go with last year’s plan until further discussion yields a change in club perspective.

Club Roll Call check-out for the repeater took place at 8:10 pm. WLB/s

 

Updated Descriptions – OCRA Officer and Board Member Responsibilities

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President The President shall be the chief executive Officer (CEO) of the club and shall, subject to the control of the Membership, supervise the affairs of the club and the activities of the Officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, or by these Bylaws, or which may be prescribed from time to time by the Membership. The President will preside over and maintain order in all meetings. In consultation with the Board of Directors, the President will set agenda for meetings. He/She shall enforce the due observance of the constitution and by-laws, decide all questions of order and sign all official documents.

Vice President The Vice President shall assume the duties of President in his absence. The Vice President shall provide leadership in the identification and presentation of programs for club meetings. The Vice-President shall also serve as a liaison with the Durham FM Association or other clubs with which we are holding joint activities (i.e Amateur Radio Field Day) for the mutual benefit of their members.

Secretary The Secretary shall maintain the Articles of Incorporation and the By-laws and all documents and associated records of the organization. He/She shall keep minutes of the General Membership and the Board of Directors meetings and report the same to the membership. He/She shall manage all club correspondence.

Treasurer The Treasurer shall receive and receipt all moneys paid to the club, keep an accurate record of all receipts and expenditures, and pay bills authorized by the Board of Directors. At the end of each quarter, He/She shall submit an itemized financial statement to the membership. The Treasurer shall also oversee maintenance of documents for taxation status and to assure compliance with federal, state and local taxation laws. At the end of his term, He/She shall transfer all records, funds and documents to his successor.

• Board Member-at-Large Board Members shall provide input to Board meetings on behalf of the membership. They will vote to approve or reject all motions, actions or pronouncements of the Board allowable by law, or by these By-Laws, or as amended by the Membership.

OCRA Board of Directors Meeting Feb 9. 2021

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                               ORANGE COUNTY RADIO AMATEURS

             Executive Board Meeting – February 9, 2021 20 – 7:30 pm

                                       Platforms Utilized: Zoom.

MEETING CONVENED AT 7:30 PM

OFFICERS PRESENT: W4SAR David, (President); KR4UB Dan, (Treasurer); N8BR Bill, (Secretary); KD4YDJ Karen, (Board Member); N1LN Bruce, (Board Member); W4CFO Jim, (OCRA Member); W4ORD Ladd, (Vice President); KU4GC Dee, (Board Member); KA1HPM Nick (Board Member): KM4MBG Jack, (DFMA President) and W4BOH Wilson (Board member)

W4SAR (Dave):  Welcome. Call to order. The draft agenda for this meeting is as follows: 1) Officer’s reports  2) ARES/Auxcomm report  3) A quick tutorial on use of the new G-Suite platform  3) Review of Second Draft, Updated Officers and Board Members Role Descriptions  4) Review of Proposed Acceptable Use Policy  5) Preliminary Field Day plans  6) Other items, time allowing.

OFFICER REPORTS

Vice President W4ORD (Ladd): The exchange Club is holding a place for us on their schedule for next December in case COVID 19 restrictions are lowered between now and then.  Or, we may have a potluck, Time will tell.

Treasurer:  

KR4UB (Dan): First, I believe the board should know that when club finances are discussed in open meetings we never announce specific account balances. Second, I want to explain an expenditure I made on behalf of the club since I would like to be reimbursed for the funds.  Specifically, I purchased a new S–com Controller for $580.00 and a Polyphaser for $90.24, and would like to draw $670.24 from the club account for my reimbursement.  Both of these items are to be used on our repeater systems. Dan shared with board members a copy of the paperwork confirming the purchase and a receipt for the payment.  The board voted unanimously to approve this transaction.

Repeater Committee 

KA1HPM (Nick) :  Not much to report.  We will build our new repeaters when the weather warms up. The antenna that Dan is storing at his QTH needs to be tested before it is moved to the new site in Goldston where it will be installed.  Bruce (N1LN) offered to help with moving the antenna, setting it up for testing at Dan’s QTH, and checking the SWR.  It was mentioned that Steve (W3AHL) may like to be involved in this project.

Change in Agenda  

W4SAR (Dave):  I would like for Jim, W4CFO to present a mini-tutorial on our new Google Suite, but I believe it is more appropriate to have him do that later in the meeting.  So let’s move ahead to other items:

Plan for reviewing and approving club minutes

N8BR (Bill): 

In response to questions from an earlier meeting regarding the processes used by the club for reviewing and distributing our meeting minutes, I drafted proposals for processing and reviewing meeting outcomes from both the executive board as well as those from the general membership.  The overarching goal of each procedure is that it be as simple as possible and at the same time to maximize transparency in the decision-making functions of our club.  Both draft proposals were discussed at length by the executive board, revised pursuant to their recommendations, and adopted unanimously by their vote. 

1, Executive Board Meeting Minutes:

The club secretary will prepare draft minutes of executive board meetings and distribute them electronically to board members for review and approval within seven (7) days of the board meeting.  Board Members will be permitted seven (7) days to review those draft minutes, articulate recommended revisions to the secretary, and for him/her to post the revised minutes on the club website for the general membership.

2.  General Membership Meeting Minutes:

The club secretary will prepare draft minutes of general membership meetings and distribute them electronically to board members for review and approval within seven (7) days of the general membership meeting.  Board Members will be permitted seven (7) days to review those draft minutes, articulate recommended revisions to the secretary, and for him/her to post the revised minutes on the club website for the general membership. Approval or disapproval of the minutes will be voted upon by general membership present at the following general meeting.

Plan for Loaning of Club Equipment

N8BR (Bill):  At our last executive board meeting N1LN (Bruce) proposed that OCRA establish a program through which club members could borrow club-owned equipment. The concept was approved by the board contingent upon the development of appropriate paperwork and a management strategy to oversee its operation. I have followed up on that charge with the form presented below that has been extensively edited by N1LN (Bruce).  I believe, as does the executive board, that It adequately facilitates the implementation of the new program for club members.  In the near future we will prepare an inventory of club owned equipment that is eligible for loan to members. Discussions concerning liability ensued.  W4ORD (Ladd):  Perhaps we should provide borrowers with specific instructions for grounding the equipment they borrow.so if lightning hits and their house burns down we won’t be sued.  N1LN (Bruce):  I have added a section requiring borrowers of club equipment to install proper grounding to the items they use. Plus, there are waivers of liability in the lending agreement.

W4BOH (Wilson):  Perhaps we need to have an agreement similar to this that will apply to the repeater equipment we loan to Chatham County. Of special concern are the liability issues. KR4UB (Dan): explained that the repeater equipment remains under the ownership of OCRA and is housed in Chatham County secure communications facilities.  The FEMA MOU “Memorandum of Understanding for Auxiliary Support” defined by FEMA for such arrangements, will be used as the instrument to document this long-term agreement.

APPLICATION FOR EQUIPMENT LOAN PROGRAM

Note: The document represented below is a draft of the application form that the board approved for the equipment Loan Program. Printed copies for actual use by those wishing to apply for the program may be obtained from the Club Secretary

The Equipment Loan Program is a new initiative for the Orange County Amateur Radio Club, having been launched in January, 2021.  Its goal is to help club members who are new to the hobby borrow a piece of club-owned-equipment for a period of up to one year in order to get a new station up and running, or to replace failed gear in an existing setup.  The application process is simple.

(1) We ask that you complete the form presented below.  It is a request for your basic contact information.

(2) Please supply the name of the equipment you would like to borrow, its serial number, and the length of time you want to use it.  Keep in mind that the initial loan period we offer is for a maximum of 6 months.  Depending on circumstances and your needs, with club approval this period could be extended to one year.

(3) Along with your application please submit a photocopy of your current valid amateur radio license from the FCC web page. We will use that document to verify your qualifications to legally operate the borrowed equipment.

(4) Sign and date the Loan agreement below, and return to the club officer who manages this program. He/she will advise you on equipment pick-up and return.

Name (last)__________________ (first)_____________________Call Sign________

Address(street)________________________________________Zip______________

Phone(cell)____________________(home)_____________________email________

Equipment Requested

Make___________________ Model No______________________ Serial __________

Additional items included such as a microphone, power supply, morse key, antenna tuner, etc.

        Item                        Make                                  Model                             Serial #

  1.  ________________________________________________________________
  2.  ________________________________________________________________  
  3.  ________________________________________________________________  

Date of loan _______________Agreed date for equipment return_______________

Loan Agreement:  By signing this agreement the borrower agrees to comply with the following terms:

  1. Use/Disclaimer:  The lender disclaims all representations and warranties associated with the loaned  equipment  and any use thereof.  This includes any  damages, losses, claims, causes of actions, expenses and liability of any nature whatsoever associated to or related to the use ol the equipment while under the care of the  borrower.
  2. Borrower will keep their OCRA membership in good standing (dues) and their membership record current with any changes in address, or contact information.
  3.  Borrower agrees to use the loaned equipment for amateur radio activities only and not for commercial application(s).
  4. The borrower shall be responsible for returning the equipment by the date specified above.  Equipment shall be returned to the lender in as good a condition as when received by the borrower except for reasonable wear and tear.
  5. Borrower shall comply with all federal, state, county and municipal laws and ordinances applicable to the use of the loaned equipment.
  6. The borrower shall be responsible for the installation and grounding of the equipment and any associated  antennas.

Signatures:

Borrower___________________________________________________Date_______

Lender (OCRA Board Member)___________________________________________________Date_______
This document has been reviewed by the Executive Board and adopted by the unanimous vote of that body.

 

Review and Revision of Job Descriptions for Club Officers.

W4SAR (David): Presented the second draft of his ideas on proposed duties of executive committee officers and members at large.  The presentation garnered substantial discussion and led to numerous suggestions for additional revisions.  We also have to give consideration to the job descriptions for board members at large. David will consider the committee’s suggestions and craft revisions for consideration at the next executive board meeting.

Review and revision of Acceptable use policy for club repeaters

KR4UB (Dan): Provided an overview of the revisions made in the draft of the club’s acceptable use policy for repeaters. Discussion ensued on the legality and enforcement of repeater rules. The thesis presented is based on FCC regulations and enforcement declaratory rulings that amateur radio repeaters are private property.  And as such, in addition to their responsibility to ensure compliance with FCC regulations, the owners have the right to establish policies that dictate how those facilities are to be used and what behaviors are acceptable for their users. The only extra-organizational body that influences this process is the FCC. So, as long as our repeaters function within the guidelines of the FCC, we can regulate them in whatever way we determine is in the best interest and safety of our users and the hobby they enjoy.  If our guidelines are violated by a user, we can ban that person from using our repeater.  The FCC will support this decision even to the extent of taking action to temporarily suspend or even revoke his or her amateur radio license and possibly level fines..  In practice this is usually done via a multi-step process over a defined period of time.

Dan will place the latest revised acceptable use policy draft on the OCRA G-Suite document system. for another round of board reviews and alterations as needed..

W4CFO (Jim):  Presented a brief but very useful overview of the “big picture” in our club’s struggle to learn and effectively use Google Docs and its associated editorial tools.

Meeting was concluded at 9:11 P.M.

WLB/DE/s