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Pages: [1]
1  eHam Forums / Misc / RE: Rules and Regs; Recent FCC enforcement, query ? on: April 29, 2013, 09:14:04 AM
If an unlicensed person comes on the repeater and a licensed ham has a QSO with him/her, the ham is in violation. Using the repeater does NOT give the ham some sort of immunity/

The repeater trustee could be in violation if s/he knows what's going on and does nothing to stop it.

Of course, in a genuine life-or-death emergency, if there is no alternative, anybody can use any radio facilities available to summon help. But that's not the case here.

The bigger question is:

Why do you ask?
73 de Jim, N2EY

Hello James,
I have noticed the latter on the local repeater, on several occasions, (146.64) and there are others that think differently.  (Sometimes in a real heated demeanor).  Others are thinking differently in a sense that the trustee of the repeater is solely responsible and not the licensed Amateur that is having the conversation.  I would suspect that if the FCC did warrent action that BOTH (the licensed Amateur and the repeater trustee) along with the unlicensed operator would be in violation of several Part 97 sections.  Wink

Appreciated your opinion and candor!
--Ron (WD8MNX)  Cool
2  eHam Forums / Misc / Rules and Regs; Recent FCC enforcement, query ? on: April 29, 2013, 08:08:59 AM
I have been reading some of the recent FCC enforcement actions that pertain to communications with others on our Amateur frequencies with those that are not licensed.   I fully understand under FCC rules and regulations Part 97.111(a)(1) that point to point (simplex op like on 146.52MHz) communications with an unlicensed individual would be in violation.    Shocked This is very clear.

The QUESTION that I have is when a licensed Amateur communicates with an unlicensed individual over a 2 meter repeater?   A) Is the licensed Amateur that is in communication with the unlicensed individual in violation of Part 97 or B) is the Trustee of the local repeater (by allowing such communications by taking no action) in violation, or C) both are in violation and can be fined or have some FCC action brought upon them?   Roll Eyes

73, --Ron (WD8MNX)
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