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COLIN LAMB wrote:
"OK, I'm not trying to argue with you, but I'd wager in a court of law, the FCC rules would take precidence over an aprs website wiki. Of course, individual interpretation of FCC rules has always existed. I have not used aprs, so I need to ask a question. Does an amateur radio callsign need to be supplied to the aprs software? If so, I assume that is the call sent out in the packets. If so, the person that holds that callsign is responsible for the transmission. Would you be willing to have your call in use with hundreds of aprs installations in gliders (or anywhere else) being operated by unlicensed individuals? Not me!" Certainly the FCC rules take precedence. And, as I explained in another post, there can be some gray areas, depending upon how they are implemented. The FCC knows what is going on and has inpliedly consented by doing nothing. There must be a control operator and his or her callsign would be embedded in each digital transmission. That would be the callsign of the control operator. If there is any violation, it is the control operator that gets called on the carpet. Exactly. That is why I wondered if you had objections to the possibility of having your call used by Joe Public so to speak. Certain rules are inflexible for hams. First, they cannot charge for their activities. So, any installation would have to be unconpensated on the part of the amateur. Secondly, it could not be used in a commercial activity. Both of these rules could be met in most sailplane installations. The amateur would have to be familiar with the rules and decide how much control he or she wanted. Control could be fairly simple. Your neighbor ham could install and turn it on as you left for the airport, it could go into sleep mode when you finished your flight and he could turn it off when you returned home. In the meantime, your wife could watch your flight on the internet on www.findu.com The soaring pilot might find this so useful, he could become a ham so he could control things himself. We have tried APRS in our search operation and I have sent out unlicensed searchers with my call embedded in their transmitter. We actually have a number of hams who are SAR members, so we are never far away from a control operator. I would not and do not intend to let hundeds of installations use my call in APRS installations, but under the right circumstances would have no problem installing the equipment in selected gliders at the appropraite time. As to my ability to interpret the FCC rules, I am also a lawyer and am comfortable dealing with "gray" areas - especially when there is public benefit. OK, but to me PERSONALLY, I take "gray areas" as "indeterminate and intermediate in character" (Webster's Universal College Dictionary) meaning that while something may not be specifically illegal, it may not necessarily be specifically legal either. This is the area where lawyers dwell (as noted in an old Don Henley song). It sounds to me that gray areas tend to be used by people that are after something that is good for them rather than good for the public in general. I'm not saying you can't do this, but my conscience says it's not the intent of the FCC rules to let any Tom, Dick or Harry use amateur frequncies on a continuing basis without obtaining a proper license. We could debate this for decades, but would end up in the same spot in the end (unless the FCC ever decides this is an abuse of license privileges and specifically spells it out as legal or illegal). The wiki source you provided suggests asking the ARRL for guidance and NOT to ask the FCC. This is their way of saying "Let a sleeping dog lie." And this implies to me that they are suggesting operating on the fringe of the law. I think allowing non-hams to operate in the ham bands is not a good thing for the amateur service, but that's just my opinion. After all, it's not hard to get a license these days. Scott N0EDV Colin Lamb |
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