In my opinion, this is absolutely WRONG. I have said this here before,
it all comes down to what is considered "data".

The new restrictions only cover content type "D", which is "Data,
telemetry or telecommand". It does *NOT* include type "B", which is
"telegraphy for automatic reception". It is already established that
RTTY is content type "B" in common use. Therefore, the same type of
traffic being sent with a mode like Olivia, MT63, Pactor-III, etc. must
be considered type "B" as well, the modulation scheme is irrelevant to that.

My interpretation, which is as good as any at this point, is that
"telegraphy" is plain text to be read and interpreted by a human
operator on the spot, whereas "data" is information (including plain
text) which was or is intended to be stored as a file or interpreted by
a computer. Thus:

Keyboard-to-keyboard QSO: Telegraphy (J2B)
Automated exchange of QSO information: Data (J2D)
MultiPSK's Reed-Solomon mode ID feature: Data (J2D)
Loading and sending a text file: Data (J2D)
Manually delivering/forwarding NTS traffic: Telegraphy (J2B)
Automatically forwarding NTS traffic: Data (J2D)
Forwarding mail: Data (J2D)
Reading mail: Data (J2D) (it was stored in a file on the BBS)
Sending a PDF/ODF/etc: Data (J2D)
Sending a JPG/PNG/etc: Image/Fax (J2C)
Sending a MNG/animated GIF/etc: Television (J2F)

So, if you're simply having a keyboard-to-keyboard QSO, a 1 or 2
kHz-wide mode is legal.

As an aside, as long as you don't send any text (other than the Pic:
statement), the MFSK16 image mode is legal to use in the phone bands
right now. Though it does send a little incidental digital text,
consider the VIS codes in wide SSTV, and the QSO data burst that MMSSTV
sends. No one has ever lost their ticket over that...

-Joe, N8FQ

Andrew O'Brien wrote:
> When I read the rules a few weeks ago I did not think too much about them, 
> if I am reading this correctly...some sub-modes of Olivia , MT63, and 
> Dominoex would not be legal ??????????
> 
> Andy K3UK

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