I know it doesn't directly apply, but there is precedent in Amateur Radio. I'm surprised I remembered this from 20 years ago
http://www.w5yi.org/page.php?id=122
Part 97 : 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 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(2) The third party is not a prior amateur service licensee whose license was revoked; suspended for less than the balance of the license term and the suspension is still in effect; suspended for the balance of the license term and relicensing 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) At the end of an exchange of international third party communications, the station must also transmit in the station identification procedure the call sign of the station with which a third party message was exchanged.
(d) No station may be automatically controlled while transmitting third party communications, except a station transmitting a RTTY or data emission. All messages that are retransmitted must originate at a station that is being locally or remotely controlled.
[54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989]
Is there, in fact, a
FAR governing who can use an aviation band radio?
Here we go. . .
FCC 87.89 Minimum operator requirements.
87.89 Minimum operator requirements.
top
(a) A station operator must hold a commercial radio operator license or permit, except as listed in paragraph (d).
(b) The minimum operator license or permit required for operation of each specific classification is:
Minimum Operator License or Permit
Land stations, all classes
—All frequencies except VHF telephony transmitters providing domestic serviceRP
Aircraft stations, all classes
—Frequencies below 30 MHz allocated exclusively to aeronautical mobile servicesRP—Frequencies below 30 MHz not allocated exclusively to aeronautical mobile servicesMP or higher—Frequencies above 30 MHz not allocated exclusively to aeronautical mobile services and assigned for international useMP or higher—Frequencies above 30 MHz not assigned for international usenone—Frequencies not used solely for telephone or exceeding 250 watts carrier power or 1000 watts peak envelope powerG or higher
(c) The operator of a telephony station must directly supervise and be responsible for any other person who transmits from the station, and must ensure that such communications are in accordance with the station license.
(d) No operator license is required to:
(1) Operate an aircraft radar set, radio altimeter, transponder or other aircraft automatic radionavigation transmitter by flight personnel;
(2) Test an emergency locator transmitter or a survival craft station used solely for survival purposes;
(3) Operate an aeronautical enroute station which automatically transmits digital communications to aircraft stations;
(4) Operate a VHF telephony transmitter providing domestic service or used on domestic flights.
Don't know what the PEP of JFK tower radios might be, so this may not apply.