I believe that your analysis of part 97 is correct. 

  73,

     Dave, AA6YQ

--- In digitalradio@yahoogroups.com, Rick <[EMAIL PROTECTED]> wrote:
>
> Andy has some very good points,
> 
> If you are a human operator and listen on the frequency for a 
period of 
> time, ideally at least a few minutes if you do not use QRL or a 
voice 
> equivalent, and do not hear any other activity, you may be fairly 
safe 
> in assuming the frequency is not in use. It is not 100%, of course, 
> since the hidden station could be transmitting and you can not 
detect 
> that station.
> 
> Unlike voice or CW, the 12 seconds (or whatever you have the 
parameter 
> set to in the program), is quite a lengthy period of time. One 
partial 
> solution would be to have a shorter QRL type of mode. In fact, it 
could 
> even be QRL? in CW, since that is the only mode that can be used on 
all 
> frequencies that digital modes can be used in the voice/image and 
text 
> digital portions of the bands. Similarly, there would have to be 
some 
> way for other stations to respond immediately that the frequency is 
in 
> use and that would be very difficult to do without some major 
design 
> changes in our digital programs. But it could be done if it was 
mandated.
> 
> Incidentally, this is one of the benefits of ARQ operation between 
two 
> stations. A third station will hear one of the two sides of the 
> conversation so they know that the frequency is in use, even if 
they can 
> not monitor the content.
> 
> Unattended operation is considered illegal by the FCC here in the 
U.S. 
> and this seems to be glossed over by the proponents of these kinds 
of 
> automatic modes. As the FCC enforcement folks have said that all 
> stations must have a control operator even if they are not at the 
> control point. Mr. Hollingsworth has stated:
> 
>  "Furthermore, "automatic" control does not mean "unattended" 
> operation." and also "Unattended operation is not authorized under 
the 
> rules." And this is referring to repeater operation which many of 
us 
> think of as being basically unattended much of the time. What he 
seems 
> to really mean is that even if you are not directly controlling at 
the 
> control point, you are always held responsible for your station 
> activities because you are still the control operator.
> 
> But realistically, there are "unattended" operations. Even ARRL has 
uses 
> the word, even if the FCC does not. (There is no such thing as 
> unattended operation in Part 97.) Some may think of beacon 
operation as 
> being "unattended." But beacons are normally not legal under Part 
97, 
> below 28.0 MHz,  even though an increasing number of stations are 
> effectively operating as beacons if they are transmitting without a 
> human operator present and are doing it for such things as 
propagation 
> studies.
> 
> 97.3(a)(9)/ Beacon/. An amateur station transmitting communications 
for 
> the purposes of observation of propagation and reception or other 
> related experimental activities.
> 
> This is exactly what PropNet and part of the time what ALE is 
doing, is 
> it not?
> 
> 97.203 (d) A beacon may be automatically controlled while it is 
> transmitting on the 28.20-28.30 MHz, 50.06-50.08 MHz, 144.275-
144.300 
> MHz, 222.05-222.06 MHz, or 432.300-432.400 MHz segments, or on the 
33 cm 
> and shorter wavelength bands.
> 
> There are no lower frequencies where automatically controlled 
beacons 
> are permitted by licensed radio amateurs in the U.S. If the control 
> operator is present, then it is not automatically controlled and 
could 
> be legal, as long as you listen before transmitting to insure the 
> frequency is not in use.
> 
> I have developed a number of questions that I will be forwarding to 
the 
> FCC for help in understanding how the rules are being applied (or 
not 
> being applied?). Before doing that, I have forwarded these 
questions to 
> ARRL Regulatory Branch as of this morning, for their help in 
> understanding why there seems to be a discrepancy between the rules 
and 
> what is actually happening on the ham bands as of late. Depending 
upon 
> their response, I will then contact FCC enforcement and find out 
their 
> understanding.
> 
> If a group member believes that I am not understanding Part 97 
> correctly, then please point out my error(s). I have asked this 
several 
> times, and except for private e-mails on the subject, no one seems 
to 
> want to deal with this issue.
> 
> 73,
> 
> Rick, KV9U
> 
> 
> 
> Andrew O'Brien wrote:
> > PC-ALE , and I assume Multipsk ALE, is designed to work in 
attended 
> > mode for almost all applications other than two likely scenarios.
> >
> > 1.  Soundings:  This now referred to as "station ID" by the 
HFLINK web 
> > site ( http://hflink.net/qso/).  I think this is a fair 
description, 
> > since it simply sends the callsign "this is K3UK" for a 12 second 
> > period (approximately).  It is likely that the station's ID will 
be 
> > sent , once, on all HF bands over a 5 minute period, usually once 
per 
> > hour
> >
> >
> > 2. Individual Call:  A station manually initiates a call to a 
station 
> > but PC_ALE uses look-up tables to determine which band to start 
on , 
> > and moves up or down the bands until al link is found , or all 
bands 
> > have been tried once and the attempt is ended.   This is a longer 
> > call,  similar yo a voice station sending "P5DX de K3UK" for a 20-
30 
> > second period .
> >
> >
> > Both scenarios are likely unattended.  When I do this I am 
actually in 
> > the shack and usually need to make sure the SWR on all bands 
is "good" 
> > while I am calling.  I am guilty of sometimes heading to the  
kitchen 
> > for a quick snack and arrive back at the shack to find that I 
have 
> > already transmitted on a couple of bands.
> >
> > As Bonnie  mentioned last week, ALE has no busy detect for none 
ALE 
> > signals.  So yes, Soundings and certain other aspects of ALE  
cause 
> > QRM.  However, what is the  REAL difference between sending your 
> > callsign a few times via ALE , versus picking up the Mic and 
asking 
> > "is this frequency in use" ?  I wonder if ALE soundings consisted 
of 
> > "QRL?  QRL ? de K3UK  K3UK K3UK K "  and then stopped , would we 
object?
> >
> > Andy.
> >
> >
> > On 10/1/07, *Rick* <[EMAIL PROTECTED] 
> > <mailto:[EMAIL PROTECTED]>> wrote:
> >
> >     After the contact, I switched over to ALE 141A and listened 
for quite
> >     some time in unproto mode. Later on I heard an eastern station
> >     calling
> >     the HFN, which must be the HFLink Network. This can not be an
> >     automatic
> >     station as it was outside the automatic subband. I am not 
suggesting
> >     that it was the eastern station since I could not monitor ALE
> >     while in
> >     Olivia mode.
> >
> >     This frequency turns out to be Channel 21, which is one of 
the 40 HF
> >     "channels" that is claimed by the HFLink group.
> >
> >     It is still possible for the first operator to hear a mode 
being
> >     used on
> >     a given frequency and then when the second operator turns it 
over
> >     to the
> >     third operator, and the first operator can not hear the third
> >     operator,
> >     they may incorrectly assume that the frequency is not in use. 
This is
> >     one of the fairly downsides to having many digital modes that 
can not
> >     understand the content of most other modes (except for CW and 
voice).
> >     Even having an identifier would not help if they do not 
realize
> >     that the
> >     two stations are having a QSO.
> >
> >     73,
> >
> >     Rick, KV9U
> >
>


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