On Sat, 26 Jan 2013 20:36:49 EST, Jerry Stuckle
wrote:

As for "automatic control" - this refers to control for licensed amateur
stations. It does NOT include allowing unlicensed operators to control
ham transmitters. You will still need a control operator to key the
transmitter - which means either someone on site or someone who can
otherwise tell when the transmitter needs to be keyed.

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

On 1/27/2013 1:38 PM, Phil Kane wrote:
On Sat, 26 Jan 2013 20:36:49 EST, Jerry Stuckle
wrote:

As for "automatic control" - this refers to control for licensed amateur
stations. It does NOT include allowing unlicensed operators to control
ham transmitters. You will still need a control operator to key the
transmitter - which means either someone on site or someone who can
otherwise tell when the transmitter needs to be keyed.

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel


Sorry, Phil, but what you interpret doesn't count. It's what the FCC
interprets. However, I do agree with you that AS LONG AS A LICENSED HAM
IS IN CONTROL. This can mean "in the room and aware of what's
happening", as long as he can terminate the transmission (i.e. pull the
power switch).

Plus, if you were to read the whole thread, the comment was that there
would not have to be a ham at the location - which does match your
interpretation.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.

==================

On Sun, 27 Jan 2013 20:14:50 EST, Jerry Stuckle
wrote:

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

Sorry, Phil, but what you interpret doesn't count. It's what the FCC
interprets.

Sorry, Jerry, my error. I should have said "what the FCC has ruled
and expects those of us in the communications legal community to
spread the word when necessary". Quite often FCC rule interpretations
are buried in case decisions and advice letters.

Then again, when I was on the enforcement staff of the FCC I was one
of the people who helped formulate that specific interpretation so I
do have a "we" investment.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

On 1/28/2013 1:15 AM, Phil Kane wrote:
On Sun, 27 Jan 2013 20:14:50 EST, Jerry Stuckle
wrote:

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

Sorry, Phil, but what you interpret doesn't count. It's what the FCC
interprets.

Sorry, Jerry, my error. I should have said "what the FCC has ruled
and expects those of us in the communications legal community to
spread the word when necessary". Quite often FCC rule interpretations
are buried in case decisions and advice letters.

Then again, when I was on the enforcement staff of the FCC I was one
of the people who helped formulate that specific interpretation so I
do have a "we" investment.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel


Phil,

A white paper is not the law. For Amateurs, that is Part 97.

Your interpretation is pretty meaningless. That may be how you think
the FCC is going to enforce the law today - but that's only for today.
A change in FCC staff, administration, etc. can (and in the government,
often does) change that. Heck - even pressure from Congress or other
agencies like the TSA can change that. It's happened with other
agencies all too often.

The only rules that count are Part 97.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.

==================

Jerry Stuckle wrote:
On 1/28/2013 1:15 AM, Phil Kane wrote:
On Sun, 27 Jan 2013 20:14:50 EST, Jerry Stuckle
wrote:

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

Sorry, Phil, but what you interpret doesn't count. It's what the FCC
interprets.

Sorry, Jerry, my error. I should have said "what the FCC has ruled
and expects those of us in the communications legal community to
spread the word when necessary". Quite often FCC rule interpretations
are buried in case decisions and advice letters.

Then again, when I was on the enforcement staff of the FCC I was one
of the people who helped formulate that specific interpretation so I
do have a "we" investment.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel


Phil,

A white paper is not the law. For Amateurs, that is Part 97.

Your interpretation is pretty meaningless. That may be how you think
the FCC is going to enforce the law today - but that's only for today.
A change in FCC staff, administration, etc. can (and in the government,
often does) change that. Heck - even pressure from Congress or other
agencies like the TSA can change that. It's happened with other
agencies all too often.

The only rules that count are Part 97.

Umm, no.

Like all other law, case law also counts.