Discussion in 'Ham Radio Discussions' started by K0UO, Sep 10, 2021.
There's no material compensation either. Some ham has to be getting paid to send that message to violate that specific rule.
By definition, huh? Tell that to Linker Leaders. No one present at the usual 24/7 ACDS.
"Automatic control" doesn't mean that no control operator is present, just that he doesn't have to be there at all times. I don't know who Linker Leaders are, but if they think the remote ham accessing an HF node is somehow a "control operator", they have that wrong.
It all goes to how a station is being controlled. Someone has to be at the control point, or away for a time (which is indeterminate, if under automatic control). Even while away, they are still the control operator.
It's called "Winspeak" or alternately "creative rules interpretation". Been down that road, it's a dead end with them, they're right and everyone else is wrong.
I like to think of the rules like this:
What can I communicate via phone, and what's the analogue for any digital mode?
Anything legal in phone, should be legal over digital -- as follows:
KP4SX to N1FM - "Hey did you check out the 42 foot Hatteras for 50 grand yet?
N1FM to KP4SX - "Didn't get a chance yet; where did you say it was?"
KP4SX to N1FM - "Ready to copy? It's at http://www.yachtworld.com/boats-for-sale/make-hatteras/model-42/
N1FM to KP4SX - "It's ok, but Scarlett Johansson is buying me the 60 footer. I'm going to Burger King; want anything?"
KP4SX to N1FM - "Yeah, wake up out of that dream, and grab me a burger, no onions, and a diet Coke, thanks!"
N1FM to KP4SX - "Okay and would you mind telling me what the headlines are on CNN right now, while I'm in line?"
KP4SX to N1FM - "Sure, we're giving our Afghan friends 65 million in aid and 2 billion in military gear and the Queen's stepping down in favor of Meghan Markle."
The reality is that, unlike in the early 20th century, communication companies today wouldn't care if ham radio operators were to send some “commercial” traffic. It would be less than microscopic compared to what they handle every second. They aren’t going to spend their legal dollars to complain to the FCC and demand enforcement, and the FCC has other concerns.
The rules about business communications were eliminated several decades ago. Now, the rules relate to getting paid for passing the traffic, or if the communications relates to you or your employer's business. Or if there is some pecuniary benefit for any control op involved. Other than that, not much restriction.
The one transaction I remember that would have been a pecuniary violation, was placing an order for boat parts over the radio using email.
Also something about grooming a pet for a homecoming celebration, but I don't think that was a violation either as it wasn't a business transaction, per se.
Maybe. But if you can order a pizza on an autopatch, could you likewise order boat parts that way? If it was for your personal use, maybe so. If it was for a commercial boat, probably not. There seems to be a clearer cut prohibition when you do something on behalf of an employer. "Ordering stuff" doesn't really seem to violate the rules, as written, since the FCC defines "pecuniary interest" as "pecuniary benefit", and you get no monetary benefit from buying a pizza or parts for your boat.