While "Radio Communication" is not the same as ³Communication,² the USC definition, if construed as Communication is actually damning for toll remote services. It includes the *transmission by radio ofincluding all instrumentalities, facilities, apparatusand delivery of communication...and incidental to such transmission,* and not just the message or content.
I hope folks can more clearly see why it¹s not some slam-dunk to reach a conclusion on a definition. While some attorneys can make the legal argument that without a definition in Part 97, Communication is simply a message, it would not be difficult to take the opposing view that Communication as used in 97.113 (but not actually defined as such) is, and was, intentionally drafted to be interpreted as "Radio Communication.² If you read through all the communication definitions under USC 153, each one mentions the communication OR transmission of content (e.g., Wire Communications, Interstate Communication). Paul, W9AC -----Original Message----- From: Michael Adams <m...@n1en.org> Date: Thursday, February 5, 2015 at 1:21 PM To: "topband@contesting.com" <topband@contesting.com> Subject: Re: Topband: Foreign stns using NA remotes for K1N (Disclaimer: I am not a lawyer.) Keep in mind that "radio communication" already has a statutory definition; incorporating it into Part 97 might make Part 97 clearer...but I think it would take an act of Congress to actually change the definition for amateur radio purposes. >From 47 U.S. Code § 153: +++ (40) Radio communication The term "radio communication" or "communication by radio" means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. -- Michael Adams | N1EN | m...@n1en.org -----Original Message de W9AC----- Apart from that, one could otherwise make the legal argument in Part 97 that "communication" is not only the message but the act of information transfer. I specifically mention Part 97 because otherwise, the interpretation would have far-reaching implications in other wireless services. Back to my original post: It's definitely time for a PRM, and to add a clear definition of "communication" in 97.3. Today, that definition does not exist in Part 97. _________________ Topband Reflector Archives - http://www.contesting.com/_topband _________________ Topband Reflector Archives - http://www.contesting.com/_topband