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Old April 22nd 06, 04:41 PM posted to rec.radio.amateur.policy
 
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Default FCC, Forfeiture Orders and Pending Applications

Hmmm.. About the automated station vrs remote controlled station.

The configuration you describe for your station seems legal to me.
There obviously is no rule that says that you have to be able to
actually touch the transmitter or anything. My understanding is that
you simply must be monitoring and controlling the station in real time
unless the station qualifies for automatic control. I don't believe
that a bulletin transmission on HF under part 97 does not qualify for
being automatically controlled.

Specifically the FCC sites an example of this when on December 19, 2004
the station automation apparently failed, and when finally went off the
air did not properly ID. The apparent conclusions drawn is that Baxter
did not have the proper control of his station at this time. It's
possible that he *was* exercising proper control but had a technical
problem or equipment malfunction, but in order to show that he would
have to explain the details of his station and show how he maintains
proper control. He has declined to provide details.

From his own descriptions of the "control method", it seems that he can

stop the station's operation from any phone. I don't think that being
able to turn it off qualifies as proper control. The FCC asked for
details about the method he uses to control his station, attempted to
inspect this station but have been unable to establish that his method
of "control" meets the requirements of Part 97.

My theory is that what he has, (or had) in the way of automation is the
equivalent of a timer that would start his station up to transmit his
"bulletin" at the published time. Baxter simply loads the audio
programming into some play back device (I assume it is a computer with
a sound card, given the descriptions of certain failure modes), set's
the timer to transmit at the specified time and heads to town in his
car. I would assume he carries a receiver so he can "monitor" his
station and turn it off should he detect a malfunction. However, this
type of control is really "automatic" control, which is not allowed on
HF phone.

I dare say your remote station control is a whole lot less "automatic"
and very interactive and qualifies as acceptable, though it is a bit
risky. Should your station misbehave while under this remote control,
or start transmission while you are not actively monitoring it you risk
having to answer the FCC's questions. However, if you show that you
where having a technical malfunction in the interactive remote control
of your station, the FCC would be very likely to drop the matter if you
are open about your control method and what went wrong. (Assuming the
design of your station is attempting to do the right thing according to
the rules in part 97.)

The problem here is that even broadcasters on the AM and FM bands
cannot legally do what I think Baxter did. They are required to have a
"Control operator" too and they are specifically not allowed to be
"automatically controlled". Their programming may be pre-recorded and
automated, but they have to have somebody who is monitoring the
equipment's operation and can exercise control over it (say shut it off
in case of a malfunction). A guy with a portable FM receiver and a
cell phone does not qualify as a control operator in this case. Baxter
has apparently worked in a radio station, he should know this.