Sec.  97.115   Third party communications.

   (a) An amateur station may transmit messages for a third party to:

   (1) Any station within the jurisdiction of the United States.

   (2) Any station within the jurisdiction of any foreign government when
   transmitting emergency or disaster relief communications and any station
   within the jurisdiction of any foreign government whose administration has
   made arrangements with the United States to allow amateur stations to be
   used  for transmitting international communications on behalf of third
   parties. No station shall transmit messages for a third party to any station
   within the jurisdiction of any foreign government whose administration has
   not made such an arrangement. This prohibition does not apply to a message
   for any third party who is eligible to be a control operator of the station.

   (b) The third party may participate in stating the message where:

   (1) The control operator is present at the control point and is continuously
   monitoring and supervising the third party's participation; and

   (2) The third party is not a prior amateur service licensee whose license
   was revoked or not renewed after hearing and re-licensing has not taken
   place; suspended for less than the balance of the license term and the
   suspension is still in effect; suspended for the balance of the license term
   and  re-licensing has not taken place; or surrendered for cancellation
   following  notice  of  revocation,  suspension  or monetary forfeiture
   proceedings. The third party may not be the subject of a cease and desist
   order which relates to amateur service operation and which is still in
   effect.

   (c)  No  station  may  transmit third party communications while being
   automatically  controlled except a station transmitting a RTTY or data
   emission.

   [ 54 FR 25857 , June 20, 1989;  54 FR 39535 , Sept. 27, 1989, as amended at  71 FR 25982 , May 3, 2006;  71 FR 66462 , Nov. 15, 2006]