NYU Files Petition for Declaratory Ruling to Clarify 97.113(a)4 of the Commission's Rules

Discussion in 'Ham Radio Discussions' started by W6EM, Oct 25, 2019.

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  1. N4QX

    N4QX Premium Subscriber QRZ Page

    It is beyond laughable for the symbol rate status quo brigade to complain about late filed comments given the history of related proceedings.
  2. W6EM

    W6EM Ham Member QRZ Page

    Another in a long series of inaccuracies from the "esoteric modem" crowd. I've never advocated for 300 baud to continue. And, an official complaint isn't out of the cards. A Motion to discard all untimely Comments and any Replies to Replies is under consideration. Especially where not properly filed as Ex Parte. Again, lemmings march over the cliff......to their demise.
  3. N9LYA

    N9LYA Ham Member QRZ Page

    I still do not think the FCC will rule in your favor.. Not happening.. My Official Prediction.. End of discussion.. You and Ron are returning to the ignore status.. Thought we could have a conversation, but this Lemming says Nor folk n way pal.

    See you on the other side.. Ill bring you the tissues..
  4. K0IDT

    K0IDT Ham Member QRZ Page

    Winners know when they're winning. Keep the tissues.
  5. N1FM

    N1FM Premium Subscriber QRZ Page


    Bruce Perens writes:

    "FCC is currently processing a request for rule-making, RM-11699, that would allow the use of Amateur frequencies in the U.S. for private, digitally-encrypted messages. Encryption is a potential disaster for ham radio because it defeats its self-policing nature. If hams can't decode messages, they can't identify if the communication even belongs on ham radio. A potentially worse problem is that encryption destroys the harmless nature of Amateur radio. There's no reason for governments to believe that encrypted communications are harmless."




    The FCC is inviting public comments on a proposal from a Massachusetts ham to amend the Part 97 Amateur Service rules to permit the encryption of certain amateur communications during emergency operations or related training exercises. On June 7 the FCC accepted for filing a Petition for Rulemaking (RM-11699) from Don Rolph, AB1PH, and put it on public notice. It will remain open for comment until July 7. Rolph, of E Walpole, petitioned the Commission in March to suggest an additional exception to §97.113, which currently prohibits “messages encoded for the purpose of obscuring their meaning.”

    March 28, 2013



    The Purpose is What Matters

    The key here is that the purpose of encrypting is not to obscure meaning. It is to secure the network from unauthorized access. Let's take a look at Section 97.113(a)(4) again, which states that no amateur station shall transmit "...messages encoded for the purpose of obscuring their meaning...." The key word here is purpose. This rule is not regulating a method or practice; it regulates a purpose or intent. For the communications purposes we are discussing-network security and access control, emergency communications, and practice for same—our purposes in using encryption are the security of the network and the privacy of third-party information. In either case, the purpose is noT to obscure meaning. We have to assume that the rules were written very carefully, and they mean what they say. It might seem kind of odd that the rules deal with intent, rather than practice, but they are what they are: If the purpose of encryption is not to obscure meaning, then it is permitted.

    CQ Magazine, August 2006.

    https://www.qsl.net/kb9mwr/projects/wireless/Data Encryption is Legal.pdf



    Another interesting post on this subject comes from Bob K0NR:

    … but I am also worried about opening the door to significant use of encryption on the ham bands. The problem with encrypted messages is that…wait for it…you can’t decode the messages. So how do we maintain that self-policing thing? The fear seems to be that if we open the door at all to encryption, it will enable virtually anyone (amateur license or not) to transmit encrypted messages for unknown and inappropriate purposes.

    My opinion, for what it’s worth: I still think it serves no purpose and opens the door to abuse. The last thing you should worry about during a disaster is how many people can listen in. Your listeners could even save the day by helping out with expertise you’re looking for.

    JUNE, 2013, By Hans PD0AC




    "Today, there is an HF BBS service that allows you to pick up your mail anywhere in the world. The system is called WinLink 2000 and it has a backbone network on the Internet, which allows all participating WinLink mailbox operation (MBO) stations to share their message databases. Therefore, a user can connect to any participating WinLink MBO in the world to send or retrieve mail—doing away with the necessity of having a home BBS."

    QST March, 2000, p. 90


    Background -- there are situations when the Amateur Radio Emergency Service (ARES) must have the capability to pass message traffic across the nation quickly and accurately, and future expectations of ARES for such a nationwide capability will likely increase, with the ARRL's Citizens Corps partnership with the Department for Homeland Security. This capability is not currently available to ARES.

    Winlink 2000, a Worldwide Amateur Radio Digital Radio Email Network, will allow delivery of message traffic anywhere in the World where Internet services are active, or amateur Winlink Participating Network stations (PMBOs) are operating. The delivery of these messages may be accomplished automatically in a matter of minutes using simple SMTP email formatting. The momentum is moving strongly in favor of our recommended digital message source. Based solely on its own merits, and on positive word-of-mouth publicity, Winlink 2000 is already a mature established worldwide network, which is currently experiencing a tremendous growth.

    For five years, [SINCE 1999] the Winlink 2000 system has been successfully serving its users in the boating and RV areas 24x7. We aren't recreating the wheel. We are simply attempting to adapt an already proven communications network to meet the needs of the public service agencies and the needs of all organizations involved in providing disaster communications. This is currently being accomplished at the local levels with many of our Sections, and with the full cooperation and assistance of the Winlink Development Team. The digital network will provide a value added service for ARES and will continue to be viewed very positively by our served agencies. This allows ARES to be viewed as modern and necessary instead of antiquated and invasive.

    ARRL Digital Cmte Report, July, 2004

    http://www.arrl.org/files/file/About ARRL/Committee Reports/2004/July/ARESCOM.pdf
    KX4O likes this.
  6. KX4O

    KX4O Ham Member QRZ Page

    Good review. Thanks.
  7. N4QX

    N4QX Premium Subscriber QRZ Page

    Ok, fine. I'll reclassify you to the "I hate symbol rate restrictions but not so much that I won't spend years griping about an effort to get rid of them" crowd.

    Complaining about late filed comments is still laughable given this proceeding's history.
  8. K0IDT

    K0IDT Ham Member QRZ Page

    I agree on the symbol rate restrictions, but the resistance to removal of same was more toward why it was requested, who or what was behind the move, and the totally corrupt process that got us here. Look at the comments in support,
    we want/need P4 for whatever, and we want as much spectrum as we can get away with grabbing--preferably exclusive use to keep the riff-raff out. Comments dripping with arrogant elitism abound in the comments, it doesn't help.

    Did you stop to think that the "late filed" comment, and a few others, was maybe a troll for the less stable lemmings to keep them chasing down yet another dead end rabbit hole? It seems to have worked :)
    ND6M likes this.
  9. KX4O

    KX4O Ham Member QRZ Page

    W6EM, K7JEM and N9LYA like this.
  10. N3HGB

    N3HGB Ham Member QRZ Page

    I am trying to imagine what the FCC thinks about all this and all I can come up with is "We really hope someone with some cash wants HF spectrum soon or we'll be reading this crap until we retire" :rolleyes:
    N9LYA and KX4O like this.

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