The FCC has stated , today, that IF the author describes it as spread spectrum, the USA ham is responsible for determining the accuracy of this claim. They also affirmed that SS is not legal below 220 Mhz. The ARRL technical folks said today that , based on the description available, they believe it is SS and not legal in the USA below 220 Mhz.
So the ARRL seems pretty clear. The FCC leaves some wiggle room for the ham that feels confident enough to withstand a potential future challenge from the FCC. Logic would dictate that if the FCC comes knocking, it world be hard to say it is NOT SS...if the author AND the FCC decide that it is. e,g. If I came out with a "new" mode that was just CW, but claimed it was SS, the average ham would be able to easily prove my claim wrong IF the FCC ever tried to take action against someone for using it. However, if a new mode appeared technically close to SS, it would be hard to prove the FCC wrong. If Jose re-wrote his description and dropped any reference to spread spectrum and frequency hopping, those USA hams using it would be safe unless the FCC decided for some odd reason to investigate the mode formally and make a ruling. If Jose maintains his description, the mode is not likely to get any use in the USA. Andy K3UK On Tue, Feb 23, 2010 at 5:15 PM, wd4kpd <wd4...@suddenlink.net> wrote: > > > > > --- In digitalradio@yahoogroups.com <digitalradio%40yahoogroups.com>, > "ocypret" <n5...@...> wrote: > > > > So what's the consensus, is ROS legal in the US or not? > > > > it seems to be whatever you want ! > > david/wd4kpd > > >
