On 1/28/2013 1:15 AM, Phil Kane wrote:
On Sun, 27 Jan 2013 20:14:50 EST, Jerry Stuckle
wrote:

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

Sorry, Phil, but what you interpret doesn't count. It's what the FCC
interprets.

Sorry, Jerry, my error. I should have said "what the FCC has ruled
and expects those of us in the communications legal community to
spread the word when necessary". Quite often FCC rule interpretations
are buried in case decisions and advice letters.

Then again, when I was on the enforcement staff of the FCC I was one
of the people who helped formulate that specific interpretation so I
do have a "we" investment.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel


Phil,

A white paper is not the law. For Amateurs, that is Part 97.

Your interpretation is pretty meaningless. That may be how you think
the FCC is going to enforce the law today - but that's only for today.
A change in FCC staff, administration, etc. can (and in the government,
often does) change that. Heck - even pressure from Congress or other
agencies like the TSA can change that. It's happened with other
agencies all too often.

The only rules that count are Part 97.

--
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Jerry Stuckle
JDS Computer Training Corp.

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