Barry Wilson KA0BBQ wrote:

>> We are a self regulating service but that doesn't 
>> give any operator the right to dictate what others 
>> do because they interpret the rules differently unless 
>> they are the radio trustee.

The last bit there is the most important part:
"unless they are the radio trustee".

I believe it should be the right of the trustee or owner 
(individual or organisation) to decide if usage is within 
their guidelines ... including the interpretation of regulations.


>> Since the FCC allows you to order a pizza over the phone 
>> what difference would it be if you ordered the pizza 
>> through their web site?

Since the pizza reference is recurring ... can anyone cite
where the FCC ruled on this?  I did not see it in 
US 47 CFR 97 - Amateur Radio Service.  (I'll look a bit 
more elsewhere later.)

US FCC "Part 97" rules:
http://www.arrl.org/FandES/field/regulations/news/part97/onepage.html

Or this shorter URL:
http://tinyurl.com/9nw73m


>> So this brings up the BIG question that were not suppose 
>> to encrypt our transmissions on amateur radio. so does this 
>> mean we can't visit an https: site?  Some would say no you 
>> can't because it's encrypted.

Cite Part 97:

>> §97.113 Prohibited transmissions
>> (a) No amateur station shall transmit:
>> (4) ... messages encoded for the purpose of obscuring their meaning
>>     except as otherwise provided herein; ...

My connotation is one form of obscuring would be 
the SSL encryption used with HTTPS.

Note that Part 97 Subpart C does include a number of
exceptions where it is acceptable to obscure messages
(reference space telecommand station).

FWIW: I don't have the D-STAR gateway v2 systems
open to public HTTPS or anything else ... 
since the Apache install on the gateway is not
patched up-to-date it is vulnerable to attack and
I feel shouldn't be generally accessible on the Internet.
(We have the admins doing the registrations behind the scenes.)


Emergency situations:

My feeling is that emergency situations trump just
about all rules in support of the "safety of life
and protection of property".

§97.403 states:
>> No provision of these rules prevents the use 
>> by an amateur station of any means of 
>> radiocommunication at its disposal to provide 
>> essential communication needs in connection 
>> with the immediate safety of human life and 
>> immediate protection of property when normal 
>> communication systems are not available.

And §97.111 (a)(3) allows for Amateurs to actually
exchange messages "with a station in another FCC-
regulated service while providing emergency communications".


>> Again the rules were born out of common sense
>> and written on paper, not rock tablets.  The 
>> intent of the rules is more not to run your cab 
>> company using amateur radios vice commercial radio, 
>> not to prevent you personally from calling a cab 
>> for a ride home!

As pointed out earlier in this thread ...
the Amateur service (in most countries) 
is self policing ... and additionally ...
often the rules lag technology.

But just because rules don't seem to fit the
technology of the day that is not justification
(in my mind) to bend or ignore them.
(I may be a bit more conservative than others.)

It is probably time to give some serious thought
(in the US) for a petition for rulemaking seeking
changes to the Commission's Part 97 rules to 
accommodate current and future needs.

(Apology to non-US subscribers to this list
for the country specific focus of this sub-
thread discussion.)

Bob W1QA


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