Gliderport Fined $9,000 over Use of 123.3Mhz

Here is the applicable FCC regulation governing ground stations for both
gliders and balloons:

http://law.justia.com/us/cfr/title47....1.1.2.11.html

There are two problems with this that need to be addressed:

1. It appears that each handheld radio must be covered by a license either
issued separately to each individual radio owner or possibly under an
umbrella license issued to an FBO, club or other organization like the SSA.
2. A license issued under 47 CFR Subpart K does not appear to authorize a
handheld ground user to communicate with the tow plane and/or glider using
the CATF frequency to support and coordinate flight operations. A retrieve
crew will presumably communicate on 123.3 as contemplated by this regulation
when on the road. However, without two radios, a glider operating in the
vicinity of an airfield will be exclusively monitoring the CATF frequency,
so the ground support crew needs to be able to communicate on that frequency
as well.

If you look at the FCC license database, it appears that there are a very
large number of licenses that were issued to FBOs, flying clubs, and
individual aircraft owners, which were not renewed after 1996, when the
requirement for FCC licenses for radios in aircraft was eliminated. I
suspect that most pilots are unaware that this change affected only radios
used within aircraft, and did not change the regulations for ground based
radios.

Mike Schumann


"Wayne Paul" wrote in message
...
Has anyone contacted a friend who is part of the "Balloon Community" to see
how they handle this situation? It seems that their need for a resolution
would be greater then ours. Maybe they have worked out something with the
FCC that we could emulate.


"Mike Schumann" wrote in message
...
Back in 1996, the FCC issued an NPRM to address the issue of licensing
handheld radios for ground personal to communicate with aircraft (see
http://www.fcc.gov/Bureaus/Wireless/.../fcc96407.txt). The proposal
was
to permit an unlimited number of handhelds to be included in a single
license to minimize the administrative burden on the FCC and the public.

I don't know if this was adopted or not. If it was, it should be possible
for a club to get a single 10 year license for $115 (assuming the club is
a
non-profit), that would cover all of its members at that location. The
question then becomes, can this license cover radios being used on a
retrieve away from the airport? How about temporary remote operations at
another airport?

I suspect that 95% of soaring clubs, glider pilots and/or retrieve crews
that use handhelds on the ground are currently not licensed, and have no
idea that licensing is required. Given what happened to the TSA, this is
an
issue that can't be swept under the carpet.

I am willing to bet that the FCC would be very willing to come up with a
reasonable solution to handheld aviation radio licensing that would limit
operations to legitimate glider related uses, without subjecting the FCC
and
the glider community to the cost and administrative burden associated with
issuing a separate license to every single handheld radio.

Working out an arrangement between the FCC and the SSA to issue a single
license to the SSA for all SSA members would be a relatively simple and
straightforward way to solve this problem. Under the current fee schedule
this would cost the SSA $115 once every 10 years.

One way or the other, this issue needs to be addressed. Since this is
affects the entire glider community, the SSA should be involved in coming
up
with a solution, regardless of whether or not it becomes the holder of the
FCC license or comes up with some other solution.

Mike Schumann

"Darryl Ramm" wrote in message
...
On Jun 28, 5:30 pm, Jim Britton wrote:
At 16:47 28 June 2009, brianDG303 wrote:





OK, I gave it a try and here was my result. I registered, got my ID
number, and started to apply for a license. At step 3 you must select
the type (which doesn't match up with the list posted in the last
email) and there are three likely choices;

AA- Aviation Auxiliary
AC- Aircraft
AF- Aeronautical and Fixed

Selecting AC takes you down a path that quickly ends in License Not
Required.
AA and AF takes you to "connection failure- link is broken" and it is
Game Over.

There does not appear to be a way around the link I could find, so it
does not appear possible to obtain a license using the system set up
to issue licenses.

Brian

I did a bit better than you.
I eventually got AA to work.
Got through the first few pages.
But its seems that aliens cannot get licenses - so I gave up.

Darryl - have you actually tried this yourself - or do you not use a
handheld outside of an aircraft?

Jim

Hi Jim

I use ULS for my amateur radio license and a GMRS license (that has
currently lapsed and I don't use) I have no FCC aeronautical license -
as you say I don't have a need.

BTW you need an AF not AA subtype.

And to Answer John DerRosa's questions (again) yes you technically
need an "Aeronautical and Fixed" AF sub-type license for a handheld
(or any air band radio) if used outside of use in an aircraft. If I am
at the airport and transmitting a safety message etc. I'll be "N26DX
on the ground". The details of whether you need to be sitting in the
aircraft etc. I'll leave to you and the friendly FCC inspector. What
is clear but is if you have a mobile setup or handheld in a crew
vehicle or a base station at an FBO or club etc. you need a license
and I think that is entirely OK.

And Mike, no this is not somethign the SSA should pursue. I am sure
the FCC see the point as licensing and enforcing radio transmitters
and requiring a standard of behavior and a way to go after people that
transgress those rules and shut the down violators (by removing their
license and more if needed). With the FAA/FCC arrangement I believe
the FCC can go after your FAA licenses. With a ground crew and a radio
what do they do? Well they go after you first for not having an FCC
license. Do you want the SSA to charge every member $200 or so for a
ten year license and have to deal with FCC paperwork? The regulations
controlling this are laws, the FCC can't just give way licenses to
individuals though large organizations. And remember my warning
earlier about not stirring up things you do not know the outcome from.


Darryl