The FCC has only enforced that which is clearly spelled out in the
standards and nothing else. No regional or splintered band plans exist.
There may be mitigating circumstances such a pavepaws etc that can have
a detrimental effect on continued operation or putting up a repeater.
That in no way is dictated by or imposed by by anyone but the FCC.
I have already communicated with the FCC and they have acknowledged that
only those standards clearly set forth in the applicable regulations
apply. Anything else is voluntary. Of course there can develop
situations and circumstances that may affect the future operation of any
transmitter. They are a case by case basis and the validity of those is
determined by and enforced by only the FCC.
The local coordination group also clearly has clearly reflected this.
the Vice President in charge of coordination is directly quoted in the
following blurb. That is from direct communications with him in
official response to a local clubs inquiries relative to the possible
setup and activation of THREE new local repeaters:
It is Dave.
I suggest that you form a club, nail down the best possible location, either
gather or document the equipment you will use (do NOT scrimp on the hard-line)
and be ready to go on the air. If you have the opportunity to put it up
without incurring too much cost, by all means do so. If it works out, try to
coordinate. But DO NOT get all hung up on it should we disagree with you.
MCH wrote:
That's odd, as the FCC HAS enforced local bandplans in the past. Feel
free to tell them they didn't have the authority to do so.
They cited the persons under the "good engineering practice" rule.
As for your statements about not being coordinated, read my post again.
I addressed that, and said that AS LONG AS there is no problem, the FCC
likely will not get invovled, but IF there is, they will get involved
and will side with the user following the local bandplan (all else being
equal).
No matter how big your font, that does not make what you type correct.
Joe M.
Dave wrote:
You are incorrect. The local coordinating body will tell you the only
band plan is that which is authorized in the applicable FEDERAL
regulations. NO band plan other than that is enforceable. The ARRL is in
NO WAY A GOVERNMENTAL BODY OR AN OFFICIAL REGULATORY AGENCY! IT CANNOT
BE CONSTRUED AS SUCH BY ANY STRETCH OF THE IMAGINATION.
No coordinating body is an official governmental body or enforcing
agency. The adhearance to any unofficial nonregulatory 'Band Plan" is
strictly voluntary. ANY licensed amateur radio operator may put up a
repeater in a spectrum area as authorized under their license class
authorizations. The FCC licenses the operator NOT the repeater.
Yes the FCC has backed governing bodies in certain situations. That is
only because that body was highlighting applicable FCC standards. NO one
other entity other than the FCC can direct or order any radio
transmitter or operator to do anything else. There exists NO splintered
or regional band plan!
There are local repeaters here that are on the air without coordination
and have been for years. The local repeater coordination group has
absolutely NO authority over them. At present there is a local group
putting up a 6 meter repeater and it has just gone 'on the air with a 1
meg split. They are not now coordinated and may never be so. As long as
no interfearnce issues (as in any spectrum area hf or higher) there is
only operator license regulation required.
MCH wrote:
Not true. The FCC has upheld local bandplans. Coordinated or not - they
apply to everyone. It doesn't even have to be a repeater issue.
True, as long as no interference is created, they likely won't get
involved, but if there is, and one user is operating according to the
bandplan and the other is not, they will side with the one operating
according to the bandplan. Coordination should not be an issue since any
operation contrary to the bandplan should not be coordinated (unless
it's grandfathered).
Joe M.
Dave wrote:
That is only true if you choose to get a coordination. It is not
mandatory. Only if some kind of interference complaint surfaces does the
fcc place creedance of any kind to the coordination thing.
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