@Nick Copeland you are correct that only quoting the last sentence of §97.205 (e) “Limiting the use of a repeater to only certain user stations is permissible” is misleading. The first sentence says “Ancillary functions of a repeater that are available to users on the input channel are not considered remotely controlled functions of the station.” One could reasonably argue that that second statement doesn’t mean closed repeaters are allowed, only that things like closed autopatchs are. However, the FCC has a long history of enforcement that not only allows closed repeaters, but also allows trustees and control operators to ban anyone from a given repeater for any reason – or even no reason – at all.
Take for example the warning notice found at:
http://transition.fcc.gov/eb/AmateurActions/files/Anoth13_09_23_5358.html:
Control operators may take whatever steps they deem appropriate to ensure compliance with the repeater rules, including limiting the repeater use to certain users, converting the repeater to a closed repeater or taking it off the air entirely.Please be advised that the Commission expects you to abide by the request of the control operator that you stay off of K9KAO - and any other similar requests to cease operations on any other repeaters by any other repeater licensees, control operators or trustees.
There are dozens of other warning letters with similar wording. The FCC has repeatly taken the stance that while the frequency belongs to the public (§97.101 (d) “No frequency will be assigned for the exclusive use of any station”), the repeater equipment is private and the control operator can restrict who uses it. While they can’t keep you from transmitting on the input frequency, if you use the repeater’s PL tone you can be found in violation after repeated notices to stay off.
There is an exception found in §97.403 that says “No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.” While this rule is often quoted as allowing any licensee to make a emergency report, it is important to note that the last sentence that says “when normal communication systems are not available”.
As Nick noted, ARES Skywarn nets are directed nets. The concept of a directed net is not mentioned in Part 97. However, it is amateur radio custom in a directed net that the net controller coordinates who can talk and in what turn. As Phil Frost posts out in a well written post at
http://ham.stackexchange.com/questions/4878/, not following “good amateur practice” is itself a violation of § 97.101 (a).
I suspect that Wichita County ARES would argue that chasers that transmit on “their” frequency are causing interfere in violation of §97.101 (d) because chasers are endangering “the functioning of … safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations” (definition of Harmful interference in § 97.3 (23) ).
I should also note that while most ARES nets are open to all licensed amateurs, not all ARES nets are. Each local ARES group can set its own requirements for participation in their nets. According to
http://www.arrl.org/ares : “The Amateur Radio Emergency Service (ARES) consists of licensed amateurs who have voluntarily registered their qualifications and equipment, with their local ARES leadership, for communications duty in the public service when disaster strikes.” Checking into a net isn’t considered “registering”. Some local ARES groups have rules very similar to RACES groups and require registration, background checks, and specialized training. At the start of the Wichita County ARES net in question one can tell they even have a trainee requirement where new members have to be paired up with experienced members before they can participate in a Skywarn net solo.
The concept of closed repeaters and nets is rehashed over and over again on the internet. I’m not trying to defend what the net controller for Wichita County ARES did. I strongly disagree with closed repeaters and I strongly believe that all Skywarn nets should take emergency reports. I’m simply trying to say no matter how much we dislike it or how we interpret the FCC rules, closed repeaters and nets are allowed under current FCC rules. If we don’t like it, we need to start lobbying the FCC and Congress to change that.
I hope Daniel will reconsider and keep reporting. We need all the knowledgeable chasers and spotters we can. For every net that doesn’t want Daniel’s reports, there are many other that do.