On Thu, 9 Sep 2004 18:08:25 -0400, "Mr Ham Radio"
wrote:



K1MAN's schedule is also widely known, and is within the bounds of the
rules.

Your understanding is incorrect, as usual.

If W1AW can "broadcast", so can K1MAN. If you don't like the content of
K1MAN's broadcast, start your own. But for now, SHUT THE HELL UP.

I refuse to be drawn into a flame war, sir. Ovbiously I know
enough about Part 97 of the RULES to know that K1MAN is violating
them. I supposed I shall have to take the time here to bolster my
opinion with a few cold hard facts as stated in the commission rules.
§97.113(b) states "An amateur station shall not engage in any
form of broadcasting, nor may an amateur station transmit one-way
communications except as specifically provided in these rules; nor
shall an amateur station engage in any activity related to program
production or news gathering for broadcasting purposes, except that
communications directly related to the immediate safety of human life
or the protection of property may be provided by amateur stations to
broadcasters for dissemination to the public where no other means of
communication is reasonably available before or at the time of the
event." Is K1MAN violating this section of the rules...According to
Riley, that's a yes.
The commission rules also state that frequencies are open to
all licensed amateurs, correct? No one has the right to demand
someone depart the frequency because a person wished to use it.
Standard amateur practice ssays that an Amateur liosten to the
frequency and make a short question asking if the freq is in use.
Does K1MAN bother or just say "Get off MY frequency!"
§97.111(b) states "(b) In addition to one-way transmissions
specifically authorized elsewhere in this Part, an amateur station may
transmit the following types of one-way communications:


(1) Brief transmissions necessary to make adjustments to the station;
(2) Brief transmissions necessary to establishing two-way
communications with other stations;

(3) Telecommand;

(4) Transmissions necessary to providing emergency communications;

(5) Transmissions necessary to assisting persons learning, or
improving proficiency in, the international Morse code;

(6) Transmissions necessary to disseminate information bulletins;

(7) Transmissions of telemetry. "

W1AW falls under Sub-Paragraphs 5 and 6 in that they issue
daily code practice runs as well as weekly bulletins or even relays
the word that the FCC is suspending the rules due to an emergency
situation. Tat's covered under sub-paragraph 4. All done in
accordance with the rules. buddy.
Does K1MAN do daily code practice sessions? Does K1MAN relay
information bulleting? and does K1MAN engage in transmissions to aid
emergency communications?
From what FCC is saying. the answer to all three is "No", but,
he stays just far enough below the FCC "radar" that nothing's being
done that people would want done.
Now...I've made the case here. Find a reason to knock it
down...if you dare.

--
Dan, KD8AGU
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