-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

In John Smith I writes:

Paul W. Schleck wrote:

...

I certainly hope Paul is an attorney, as if he speaks about the
reservation, I hope he speaks with knowledge.

I am not a lawyer. When faced with legal questions about my own
operation, or when trying to help keep apparently honest and sincere
people like "Eternal Squire" stay out of trouble, I defer to the true
experts. Existing, compiled, and expert advice like that provided at
the ARRL TIS site I previously mentioned would seem to be a good place
to start. I also value the insight provided here by Usenet participants
who are attorneys with experience in communications law. I would
certainly defer to their input on this matter, if offered (*).

I also ask myself if I am obeying the spirit as well as the letter of
any law or regulation. I don't feel it's within the scope of good
amateur practice, personal ethical conduct, or even just overall "good
neighbor" guidelines to be focusing on alleged loopholes such as being
on a Native American Reservation, in international waters, or an
"educational project." Often such excuses are transparent,
self-serving, and not borne out in actual legal practice, regulations,
treaties, enforcement, etc. Unless I had a lot of legal resources at my
disposal (pro bono counsel, etc.), I would probably not seek to try and
make myself a legal test case, as some on the newsgroups seem bent on
doing.

I would hope that "Eternal Squire", whose post implies that he is a
licensed radio amateur, is thinking along these same lines, also. I
offered my layperson's advice in that context.

Here is a paper which will demonstrate there is "quite a bit of
controversy" over legality of 97 and 15 on reservations:

http://www.fcc.gov/sptf/files/0801fcc.pdf

I read the above transcript you provided. I note with interest that my
friend, fellow ham, and Usenet peer Carl Stevenson (WK3C) was a member
of this workshop. I'd certainly defer to his technical expertise.
However, the gist I got from the transcript, and from asking legal
experts, is that case law is mixed on the subject of whether what
happens on a reservation is strictly an internal, tribal matter. That
no one present at the workshop wanted to venture an authoritative answer
doesn't meant that there aren't those involved in enforcement who could
give one. Radio transmitters and casinos are given as principal
examples where case law, practice, and jurisdictional agreements go
against the assertion that on a reservation, U.S. law does not apply.

Course, with some, an amateur license immediately makes them an
authority in all areas ...

It was a question about amateur radio, asked in an amateur radio
newsgroup. I suggested that he seek expert advice, such as that
summarized at the ARRL TIS web site I linked previously. No more, and
no less.

Warmest regards,
JS

(*) I did ask one of the experts in communications law that I know
personally. He offered the following observations:

"I would add something to the extent that you have been advised
by a communications attorney with over 50 years' experience in
FCC regulatory matters that unless there is a specific treaty
granting a tribe authority to regulate amateur radio
transmissions on a reservation, and there isn't, FCC law and
jurisdiction prevail. There are agreements giving tribes
authority to determine who may operate a broadcast station
from a reservation, but the FCC must regulate the technical
parameters (frequency, power, location) to be observed and
grant the callsign and make all necessary international
notifications.

Similarly, in international waters or airspace, the country of
registration of the vessel or aircraft retains jurisdiction,
and any country may lodge a complaint of violation of the
International Radio Regulations with the country of registration
if that is the case. If the vessel or aircraft is 'unregistered',
any country has the authority to blast it out of the water or the
air, although that is a drastic measure. The International
Radio Regulations do, however. oblige all countries to not
condone or support any radio (or TV) broadcasting from
international waters or airspace."

As this seems to be drifting into a *.policy area, and not *.homebrew,
I've set followups as appropriate. Feel free to override my default if
you must.

- --
Paul W. Schleck, K3FU

http://www.novia.net/~pschleck/
Finger for PGP Public Key

-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.5 (SunOS)

iD8DBQFFuuMd6Pj0az779o4RAidgAJ4tmvrsIgefuGREQz/Eqw20LljowACfRg1f
glmhM6RbiJJcbgT3quj9GmM=
=Dai7
-----END PGP SIGNATURE-----