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January 28th 13, 07:13 PM
posted to rec.radio.amateur.moderated
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Portable Microwave units for Emergency Communications
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. |
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