As a Judge, I find you not guilty if you are present, licensed and monitoring
the 3rd party traffic. I doubt if you allow your unlicensed daughter or Dary
allows his unlicensed Wife to operate under his license, either using direct
communication or repeaters. As far as I know the BSA allows scouts to operate
only when a licensed control operator is present when the 3rd party traffic is
being generated. I think that none of you have reason to fear the FCC. What
would be illegal is for an autopatch to be installed where an unlicensed person
can access it and in turn access a telephone line. Nowadays, a cell phone is
much more ubiquous, cheaper, easier and more effective and is legal to operate
by an unlicensed person, so there is no reason to have an autopatch. Rules
last much longer than technology. so put away your striped clothing and you
guilt trips as long as the digital relay of third party traffic is tolerated.
Willis 'Cookie' Cooke, TDXS DX Chairman
K5EWJ & Trustee N5BPS, USS Cavalla, USS Stewart
On Friday, October 17, 2014 12:30 PM, Michael Wrenn via BVARC <[email protected]>
wrote:
I was thinking along a similar line so I did some research this morning. The
repeater is considered in automatic control if it does not have an operator
physically present at its operating point. If the repeater is being controlled
by software then it is under automatic control. The other options are remote
control, via a phone line or rf link, and local control, which means a human
operator is physically located at the machine.
The rules, not so simply, state that no automatically controlled radio may
transmit third party traffic.
So I'm guilty of putting my daughter on the air, Daryl is guilty of putting his
wife on the air and the Boy Scouts of America commit this crime every year
right about this weekend with JOTA.
Seven Three,
Michael - K5WRN
http://www.qrz.com/db/K5WRN
On Fri, Oct 17, 2014 at 10:33 AM, Eddie Runner via BVARC <[email protected]>
wrote:
a repeater is not neccissarily AUTOMATIC CONTROL..
>Automatic control is like when a repeater automaticly keys up to send its ID.
>
>When one if us keys the repeater from our car or HT that is NOT automatic
>contol.
>
>I think someone may be missinterpretting this a bit.
>
>Part 97 is of course a bunch of legal talk, ha ha,
>not easily interpreted by most of us.. (including me)
>
>but it does have definitions of automatic, control operator, repeater and
>third party.
>
>the way I read it if you want to let your unlicensed buddy, child or wife,
>talk through
>your microphone while you are in control of the rig, through a local repeater,
>it is ok.
>
>Eddie (NU5K)
>
>From:BVARC [mailto:[email protected]] On Behalf Of Travis Burgess via
>BVARC
>Sent: Thursday, October 16, 2014 7:24 PM
>To: [email protected]
>Subject: [BVARC] I didn't know that!
>
>From the Ham Test Online Extra study material:
>
>
>Automatically Controlled Stations and Third-Party Communications
>There are a couple of quirky laws about third party communications and
>automatically controlled stations. The FCC is trying to make sure that
>amateur radio doesn't compete with any commercial services.
> * Automatically controlled stations are not allowed to originate third
> party communications.
>
> * Automatically controlled stations are only allowed to retransmit
> third party communications if they are RTTY or data. In other words, if you
> pass third party traffic by voice on a repeater, or let your unlicensed
> friend talk on a repeater, and there is no control operator monitoring the
> repeater at that time, the repeater is violating the regulations! Most hams
> don't know this rule, or simply ignore it, but it is the law.
>
>
>-------
>
>Travis
>K5HTB
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>
>
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