ACMA inspecting lots of F Calls

[VK3ALB]

From the WIA website

Please note : The WIA office will be closed from 5:00pm Thursday, 23rd December until 10:00am, Monday, 17th January, 2011 emails addressed to the National Office will be attended to upon our reopening.

[VK2GOM]

Hi Lou - that might go some way to explaining why my email to them on 13th Dec didn't garner a reply which their charter promised within 48hrs.

I guess all organisations wind down towards Christmas...

73 - Rob VK2GOM / G0MOH

[VK4WDM]

We should have checked the website before bagging them! Sorry WIA, I shall crawl across a floor covered in broken 807s in penance (Rob, you can choose your own valve! After what you poms did to us in the cricket I will be pleased to break them for you to ensure nice sharp edges)

Wayne VK4WDM

[VK2CSW]

Hi Lou - that might go some way to explaining why my email to them on 13th Dec didn't garner a reply which their charter promised within 48hrs.

I guess all organisations wind down towards Christmas...

73 - Rob VK2GOM / G0MOH

Or the one I sent early November which still awaits a reply...

[VK2AAH]

Has anyone tried speaking to the Directors? Funny, I can find Michael Owen's mobile number, email address etc here:

http://www.wia.org.au/people/MichaelOwe ... /index.php

If you feel so strongly about the WIA take your complaints to the top... it seems easy enough.

Cheers


Richard
VK2AAH

[VK2AAH]

Or even better you could try this Director- Peter Young. He might know a bit more than most of you given his previous position in the ACMA!

Here is his contacts for anyone wanting to email or phone him:

http://www.wia.org.au/people/PeterYoung-VK3MV/index.php

It doesn't seem hard to find someone in the WIA to help you, if you really want help that is. To save me sending any more links I suggest that people go to the WIA website, go to About the WIA, go to the WIA Board of Directors and then start contacting whoever you wish.

Cheers,


Richard
VK2AAH

[VK4WDM]

How the matter should have been handled:

There they sat at a dark oak table, three old men with ears strangely flattened by many years of head phones, fingers bent and calloused because of the key. The young “F call” stood in front of them, head bowed. The tribunal president spoke in the rich tones of AM. “You have been found guilty of possessing a radio capable of tuning out of band, and I must warn you we are considering punishing you with the Wolfhong.” At the mention of that dreaded word the young man turned pale, and in a trembling voice pleaded with the stern-faced men before him. “Please, please, not the Wolfhong, I promise to be a good ham, I won't offend again.” After a short conversation behind hands and a dramatic pause for effect, the president spoke again. “This time we will let you off with a warning, but next time it will be the Wolfhong, do you understand?” “Yes sir, I understand." The radio inspector, standing at the back of the room, nodded in agreement, justice was done.

They DO teach about the dreaded Wolfhong (shudder) in the foundation course?

Old timers, don't tell the newbies what a Wolfhong is, let them find out for themselves

Wayne VK4WDM

[VK6OX]

How the matter should have been handled:

There they sat at a dark oak table, three old men with ears strangely flattened by many years of head phones, fingers bent and calloused because of the key. The young “F call” stood in front of them, head bowed. The tribunal president spoke in the rich tones of AM. “You have been found guilty of possessing a radio capable of tuning out of band, and I must warn you we are considering punishing you with the Wouff Hong.” At the mention of that dreaded word the young man turned pale, and in a trembling voice pleaded with the stern-faced men before him. “Please, please, not the Wouff Hong, I promise to be a good ham, I won't offend again.” After a short conversation behind hands and a dramatic pause for effect, the president spoke again. “This time we will let you off with a warning, but next time it will be the Wouff Hong, do you understand?” “Yes sir, I understand." The radio inspector, standing at the back of the room, nodded in agreement, justice was done.

They DO teach about the dreaded Wouff Hong (shudder) in the foundation course?

Old timers, don't tell the newbies what a Wouff Hong is, let them find out for themselves

Wayne VK4WDM

I fixed it for you Wayne!!

[VK4WDM]

Hi Andy

I did the draft in word, I should have turned the automatic spell corrector off!

Wayne

[VK4WDM]

I have just sent an email to Peter Young VK3MV. I have asked permission to post his reply.

Wayne VK4WDM

[VK6SIX]

Rettysnitch beware the Rettysnitch,

old hong is tame

[VK4WDM]

I agree that the Rettysnitch is much worse, but the Geneva Convention only allows it to be used on those who have advanced licenses and over 21 years of age! They don't teach about the Rettysnitch in the foundation course because of the tender age of some of the participants - we don't want them exposed to such violence

But getting back to more weighty matters. I have just had a long and very amicable conversation with a person from the ACMA who phoned me about my emailed list of questions. A detailed reply is on its way, and I have permission to post it here. I will do so as soon it arrives in my in-box. Meanwhile, nobody needs to connect themselves to a high voltage PSU or jump out a high window because they think that the ham-world as we know it is coming to an end, its not!

Wayne VK4WDM

[VK2GOM]

I believe a Wouff Hong hangs in the hallowed halls of the ARRL in a glass case! It's there I guess just as a reminder to the wrath it could incur!

I bet 90% of those reading this, bar VK4WDM and a few others have absolutely no idea what we're going on about!

73 - Rob VK2GOM / G0MOH

[VK5ZD]

Don't forget the Ugerumf

[VK1MA]

I believe a Wouff Hong hangs in the hallowed halls of the ARRL in a glass case! It's there I guess just as a reminder to the wrath it could incur!

I bet 90% of those reading this, bar VK4WDM and a few others have absolutely no idea what we're going on about!

73 - Rob VK2GOM / G0MOH

I think you forget the power of the young generation with their ability to use the internet for search - would imagine that since the first reference was posted, the hit counter on sites found by the various internet search engines would have peaked!



Matt
VK1MA (Gen X but kind of computer savvy - well at least a ittle bit)

[VK3AUU]

Lewis Carroll
(from Through the Looking-Glass and What Alice Found There, 1872)

`Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.


"Beware the Jabberwock, my son!
The jaws that bite, the claws that catch!
Beware the Jubjub bird, and shun
The frumious Bandersnatch!"

He took his vorpal sword in hand:
Long time the manxome foe he sought --
So rested he by the Tumtum tree,
And stood awhile in thought.

And, as in uffish thought he stood,
The Jabberwock, with eyes of flame,
Came whiffling through the tulgey wood,
And burbled as it came!

One, two! One, two! And through and through
The vorpal blade went snicker-snack!
He left it dead, and with its head
He went galumphing back.

"And, has thou slain the Jabberwock?
Come to my arms, my beamish boy!
O frabjous day! Callooh! Callay!'
He chortled in his joy.


`Twas brillig, and the slithy toves
Did gyre and gimble in the wabe;
All mimsy were the borogoves,
And the mome raths outgrabe

[VK3RX]

Gee, you've brought back (bad) memories .......

In my final English exam (good ole South Aust., Leaving in 1970) I had to write a synopsis on that first and last stanza ........

[VK6OX]

A classic David...I used to recite that to a dumbfounded audience back in the Hippie days of my youth!!

Thanks for the memory jog HI!

PS: Beware, I may recite it when next we make contact on 6!!

[VK4WDM]

I am glad that a sense of humor has crept into this thread!

I am now going to paste my reply from the ACMA to my emailed list of questions. I am not going to name the person providing this but he is a senior person in the organization. I am amazed at the careful detail he has provided us. I think that a previous poster who said that the ACMA does not care about hams has been proved wrong.

My questions are in bold type.

BEGINNING OF ACMA RESPONSE

Thank you for your enquiry.

Generally speaking all radiocommunications transmitters must be licensed. There are three types of radiocommunications licences:
• apparatus licences,
• class licences,
• spectrum licences.

Firstly we should separate two broad definitions that are referred to within your questions. These are equipment which falls into the category of Amateur radio equipment and is authorised by an amateur apparatus licence and equipment which is designed for Land Mobile frequencies which must be authorised by a Land Mobile apparatus licence.

Equipment sold as an amateur radio transceiver will typically cover a set of amateur bands. Transceivers designed by the major manufacturers are normally designed for particular markets. A radio for the Australian market will allow transmission in a bandwidth which covers the frequencies allocated for use in Australia. Australian retailers will normally stock this equipment or equipment for another market which approximates the bands which are appropriate for use in Australia.

Amateur operator qualifications are required to be held by an amateur station licensee. The level of that qualification determines the licensing option, for which a station operated by that individual, is issued. An amateur station (and its associated equipment) licensed under an Advanced licensing option, Standard licensing option or a Foundation licensing option must be operated in accordance with the relevant section of the Radiocommunications Licence Conditions (Amateur Licence) Determination No.1 of 1997 (Amateur LCD). The amateur station licence authorises the holder to operate that station. Links to Amateur radio information papers and the Amateur LCD can be obtained from: http://www.acma.gov.au/WEB/STANDARD/pc=PC_300165

The Radiocommunications Licence Conditions (Land Mobile Licence) Determination No. 1 of 1997 (Land Mobile LCD) contains the conditions applicable to equipment authorised by a Land Mobile apparatus Licence. Some of your questions below relate to frequency coverage outside that Amateur Bands that fall into spectrum where a licence other than an amateur radio licence is required, typically these are land mobile frequencies but other licence types may also apply. Further information regarding the Land Mobile licence type and the Land Mobile LCD can be obtained from: http://www.acma.gov.au/WEB/STANDARD/pc=PC_1276

The Land Mobile LCD requires that equipment complies with particular equipment standards. Equipment that is currently manufactured for operation under a Land Mobile licence is required to meet the requirements of the ACMA’s Equipment Compliance and Labelling arrangements. Further information regarding these arrangements is available at: http://www.acma.gov.au/WEB/STANDARD/pc=PC_2754

Normally, an amateur radio transceiver will not meet the equipment standards requirements of the Apparatus Licence conditions for the Land Mobile Service.

Your email makes reference to a number of interference investigations and awareness activities currently underway. This response will not make particular reference to any of those individual activities, however I can advise you that the following non-compliance issues have been discovered:


• Amateur radio equipment modified to allow transmission on Land Mobile frequencies
• Land Mobile equipment that does not meet the requirements of the Equipment Compliance and Labelling arrangements {See answer 8 and Land Mobile information above}
• Land Mobile equipment with transmit operation enabled, for which a licence or authority is not held (including emergency service frequencies)
• Operators with appropriate amateur radio qualifications and equipment who have been unable to demonstrate compliance with their licence conditions (e.g. determining power output where the licence type requires a power output lower than what the equipment is capable of)
• Use of amateur radio equipment on CB bands, that does not comply with the CB class licence conditions

1. Is it legal for a person with a “foundation license” to own a transceiver capable of transmitting on bands not authorised for use by a foundation license?

The Amateur LCD outlines the conditions of each licence option. These conditions relate to frequencies, emissions types and modes, transmission powers and other restrictions that the licensee must comply with when operating his / her station.

An amateur radio licence does not permit the operation or possession of equipment that is programmed or configured to transmit on frequencies that are subject to the requirements of other non-amateur licence types, such as a Land Mobile apparatus licence.

A licensee may possess amateur radio equipment for which it is possible to make transmissions on amateur bands or at power levels other than permitted by their particular licence type, provided these are not programmed or configured to operate outside of the amateur band requirements generally. However, the licensee should be able to demonstrate that he / she can operate within the conditions of their applicable licence.

2. Is it legal for a person holding a “standard license” to own a transceiver capable of transmitting on bands not authorised for a standard license?

A licensee may possess amateur radio equipment for which it is possible to make transmissions on amateur bands or at power levels other than permitted by the licence. However, the licensee should be able to demonstrate that he / she can operate within the conditions of their licence.

3. Is it legal for a person with a “standard license” to own a transceiver capable of transmitting across the entire 6m band (50-54MHZ) when their licence stipulates that they cannot transmit below 52MHZ?

A licensee may possess amateur radio equipment for which it is possible to make transmissions on amateur bands or at power levels other than permitted by the licence. However, the licensee should be able to demonstrate that he / she can operate within the conditions of their licence.

4. Is it legal for a person with an “advanced license” and living in Queensland, a transceiver capable of operating across the entire 6m band when there are frequency restrictions in place in Queensland?


A licensee may possess amateur radio equipment for which it is possible to make transmissions on amateur bands or at power levels other than permitted by the licence. However, the licensee should be able to demonstrate that he / she can operate within the conditions of their licence.

5. Is it legal for a person holding an advanced license to own an older VFO-controlled transceiver that is capable of transmitting up to 3.9MHZ (and in some cases 4.0MHZ) which is beyond the upper edge of the Australian 80m amateur band (3.5 -3.7 and 3.776 – 3.8MHZ)?

The compliance issues with amateur radio equipment discovered by the ACMA recently have related to deliberate modifications to amateur equipment to allow operation beyond the amateur bands. For example, amateur equipment modified to transmit over the range normally permitted by the “general coverage receive” feature of the radio, from 1.6 MHz to 30 MHz in the case of a HF transceiver and 420 MHz – 470 MHz in the case of a UHF radio.

With regard to possible compliance action relating to older amateur equipment, the licensee should be able to demonstrate that the equipment has not been modified to transmit beyond the amateur band. When determining whether to take compliance action the ACMA would look at all the relevant circumstances. This would include but not be limited to whether the specifications page of the owner’s manual supports the frequency range of operation of the device.

6. Is it legal for a person holding an advanced license to own and use on authorized frequencies only, an older VFO-controlled transceiver that is capable of transmitting on the now-deleted 11m amateur band (approximately 26.5MHZ )?

This is essentially the same as the answer above. However, removal of unauthorised bands should be done where possible to ensure there is no exposure to the possession elements of the Radiocommunications Act 1992 (see below).

7. Is it legal for a person who holds an advanced license to own HF, VHF, or UHF radios brought on the surplus market and presently capable of transmitting on non-amateur frequencies, with the express purpose of converting these radios for use on amateur bands when part of the conversion process would be to disable any ability to transmit on non-amateur frequencies?

Possession of equipment programmed or configured to operate on Land Mobile frequencies is not permitted unless a licence or authority is held for that frequency. Section 47 of the Radiocommunications Act 1992 (the Act) states:

47 Unlawful possession of radiocommunications devices

(1) Subject to section 49, a person must not have a radiocommunications device in his or her possession for the purpose of operating the device otherwise than as authorised by:

(a) a spectrum licence; or
(b) an apparatus licence; or
(c) a class licence.

Penalty:

(a) if the radiocommunications device is a radiocommunications transmitter:

(i) if the offender is an individual—imprisonment for 2 years; or
(ii) otherwise—1,500 penalty units; or

(b) if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable
excuse.

Note: A defendant bears an evidential burden in relation to the matter in
subsection (2) (see subsection 13.3(3) of the Criminal Code).

Having a radiocommunications device in your possession for the purpose of operation is clarified further in Section 48 of the Act.

48 Additional provisions about possession of radiocommunications
devices

(1) Without limiting section 47, a person is taken, for the purposes of that section, to have a radiocommunications device in his or her possession for the purpose of operation if it is in his or her possession, otherwise than for the purpose of supply to another person, and can be operated merely by doing one or more of the following:
(a) connecting the device to an electric power supply by means of an electric plug or other electrical connection;
(b) connecting a microphone to the device by inserting a microphone plug into the device;
(c) switching on the device;
(d) switching on any other equipment relevant to the device’s operation;
(e) adjusting settings by manipulating the device’s external switches, dials or other controls;
(f) connecting the device to an antenna.

(2) Subsection (1) only applies in the absence of any evidence to the contrary.

(3) A reference in this Division to a person having a radiocommunications device in his or her possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the actual possession or custody of it.

It therefore follows that if a modification more substantial than those listed in s48(1) was required to operate the radio outside the authorisation under the licence, the person may not be considered to possess the radio for the purposes of s47. If it was not a matter of simply reprogramming the radio and more significant modification was required, this could be commenced soon after obtaining the radio. For example, in the case of modifying a VHF midband radio to the 6 metre band, where modification to the VCO is required, the VCO could be removed before the device is placed into storage.

8. Is it legal for a person with an amateur licence to own a newly-manufactured, commercially-produced VHF or UHF transceiver that is capable of transmitting outside of the Australian amateur bands (such as those currently available from China) without taking steps to ensure that transmitting outside the amateur bands is not possible?

Please note that I am asking about the legality of owning the equipment and if it is legal to own it, is legal to use it to transmit on the frequencies authorised by the licence class. I realise that any transmission on non-authorised frequencies is illegal.

The equipment that you are referring to available from China is often marketed via online auction sites as “Two way radios” or “transceiver radio walkie talkies”. Generally, these radios are front panel programmable and may transmit 136 – 174 MHz and 400 – 520 MHz without modification. Because this equipment is not restricted to amateur bands, this equipment cannot be classified as amateur radio equipment.

Equipment meeting this description is subject to the requirements of the Land Mobile LCD. In our experience, this equipment has not been tested nor labelled to indicate compliance with the Equipment Compliance and Labelling arrangements. A Land Mobile licensee operating this equipment would be subject to Section 113 of the Act which relates to Contravention of Licence conditions.

An amateur operator possessing this equipment without a licence authorising the frequencies for which it can operate would be subject to section 47 of the Act.

A number of Australian retailers provide similar equipment which has been modified to only operate on amateur frequencies. Amateur operators should ensure that these devices operate in accordance with the conditions of the amateur LCD before purchasing this equipment.


As discussed today, I hope that this response settles some of the concern in the community. Should any party which to discuss this matter further the best form of contact is via the email address interference@acma.gov.au. In saying that, the above response has been worded to assist your colleagues to look at the legislation and their licence conditions and satisfy themselves that they are familiar with their responsibilities as amateur operators.

END OF ACMA response.

[VK4WDM]

I have also received a reply to my email to WIA director Peter Young. He says that the WIA is aware of the ACMA inspections and the concerns raised by the AR community. Discussions are taking place with the ACMA, and the WIA will issue a statement in due course. He also pointed out that the slower-than expected response time was due to the closure of the national office.

There has been many positive things come out of this. We have shown that we can hold a rational discussion and passionate viewpoints with out the annoying aggro that spoils a lot of good debate. Full marks to the "F calls" who had to cope with a visit from "the man", defend some of their actions via this forum, and offer some very interesting fresh views.

OK, maybe I will have time tomorrow to get my 6m yagi back up!

73

Wayne VK4WDM