FCC nationwide rule compliance

Discussion in 'Ham Radio Discussions' started by K0UO, Sep 10, 2021.

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  1. K0IDT

    K0IDT Ham Member QRZ Page

    Tom, I found one instance of many scattered throughout 47 USC.
    https://www.law.cornell.edu/uscode/text/47/153

    (3) Amateur station
    The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.

    and following the Hyperlink "person" gives this result

    "person

    The term “person” includes an individual, partnership, association, joint-stock company, trust, or corporation."

    Have fun with that. Winlink supporters love to claim the internet is not a "person" and therefore not a 3rd party. It's convoluted thinking on a major scale :)
     
    1 person likes this.
  2. K7JEM

    K7JEM Ham Member QRZ Page

    It's not a one way transmission, and it's not intended for the general public.
     
  3. N1FM

    N1FM Ham Member QRZ Page

    Thanks Lee, I guess that's my question; at this point.

    if it was news originally intended for the genderal public, I guess it might be more of a relay, or a re-broadcast?

    Something requiring an answer from our regulatory partners.

    That's my thinking, because you're interrogating a Gateway and getting an answer in return (2 ways) and the news is for your reading pleasure, not that of the general public.... but if it originally emanated from a commercial station and was originally intended for the general public, I could see someone at the Commish getting bent over that.
     
  4. KP4SX

    KP4SX Premium Subscriber QRZ Page

    What if it were something more specific than routine news headlines like stock tickers with ads for boat sales drawn from the internet? Where is the line?
     
  5. K7JEM

    K7JEM Ham Member QRZ Page

    Can you point out the rule that would be violated if a random ad for a boat was sent via ham radio?
     
  6. W6EM

    W6EM Ham Member QRZ Page

    You’re clearly tilting windmills, as usual. First off, a Linker pulsing an ACDS is not a two-way conversation. It’s one way. Even Linker Central claims that the remote station that initiates the ACDS connection is the control operator. So, one control operator in control is not a two-way conversation, so long as he’s connected to receive stored data via the Internet. The link was established to access/download data.

    If someone keyed up your machine and actuates an option to play the latest Newsline recording, it becomes a one way broadcast relevant to amateur radio, not the general public.

    Receiving email, or a text file from a Linker’s ACDS is a one-way transmission. If that text file is “news copy designed for the public,” it then fits the definition of 97.3(a) as cited. And, amateur radio content is required to not be obscured so all can monitor.
     
  7. K7JEM

    K7JEM Ham Member QRZ Page

    By definition, on hf you can't have a station controlled as you explain. There has to be a control operator of the station, even though it is operating under automatic control. Control links are never permitted on hf.
     
  8. K0IDT

    K0IDT Ham Member QRZ Page

    §97.113 (a) (2) Communications for hire or for material compensation, direct or indirect, paid or promised,
    except as otherwise provided in these rules;

    Real world examples filed with the FCC EB included 6 figure real estate deals, car dealership multi-page ad, ads for Ebay and Amazon. The list of commercial content was quite extensive
     
  9. K7JEM

    K7JEM Ham Member QRZ Page

    Those are not "communications for hire". I'll let you figure out why.
     
  10. W6EM

    W6EM Ham Member QRZ Page

    The operative word is "or." Let's see if you can figure that out.
     

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