Trevor,
Just to clarify, the FCC defines modes by emission types and other
things, such as if SS is allowed, and where. It is the operator who
must follow the FCC regulations, and he has no legal right to decide
whether or not HIS judgement is the one to follow, or if he follows the
regulations or not. He MUST simply follow the regulations. If he cannot
determine if he will legally emit with a certain mode, the ARRL is the
one who has their technical experts provide guidance, but the ARRL does
not make the rules! The FCC may or may not look at a particular mode's
emissions - they usually only look at emissions on the air and determine
if the operator is out of compliance or not. Probably similar to the
enforcement vans that roam London looking for illegal TV and radio
emissions, as I am told they did in the past, if they still do that.
73, Skip KH6TY
That's interesting, the FCC have said they they did not give judgments
on individual data modes, it's up to the operator to decide.
73 Trevor M5AKA