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Author Topic: FCC Proposals to Reallocate 3.4 & 5.8 GHz Bands  (Read 398 times)

KB8VUL

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Re: FCC Proposals to Reallocate 3.4 & 5.8 GHz Bands
« Reply #15 on: March 16, 2020, 04:51:43 PM »

So if an Emcom group of Hams coordinate a repeater, build it and get it on the air for their use, they should not be able to restrict it to the purpose it was built for? Not to mention restrict who uses it?

How about a repeater that allows only a membership to use it?

Seems to me there is enough room these days for specialized repeaters as well as open general usage repeaters. Seems to be rather simple to understand that if you don't want to participate in a special purpose group, then you just use other repeaters and avoid interference with the group members.

No, if a groups puts up a closed repeater, then it's a closed group repeater.  If it is ONLY for EMCOMM, again they paid for it, and agreed to it so again that's fine.  Problem is when you as a group leader tell your HAM's that if they use ham radio in general, not specifically that repeater, but other repeaters in town, HF radio, or ANY forum of ham radio for ANY use other than EMCOMM specifically then they will be tossed out of the EMCOMM group. 
I never saw where it was an EMCOMM group.  It was a SAR group I dealt with that the group leader had directed the members to get a ham license but if they used ham radio for ANY reason other than SAR operations, they would be removed from the group.  This was NOT a HAM group or club, it was a SAR group.  That is improper and in my opinion illegal use of ham radio for a basically commercial purpose.  I never heard if the SAR groups was a paid group.  But according to everything I have ever heard, a cup of coffee at an activation or training put on by an agency, not the group, was payment.  I know there are some specific holes in the rules for hams that are paid hospital and EMA employees during training to TEST while being paid by their employer.  And there again, I have no issue with that. 

My issue is with people in general getting licenses for some reason other than hobby radio, which is still the primary function of ham radio.
Yes, EMCOMM is part of ham radio.  But when a group is faced with spending a few hundred dollars for a regional or a national itinerant commercial license and buying some form of commercial radio new or used, I don't care the brand.  Or, getting a ham license, and buying a Baofeng, and then ACTING like it's a commercial radio system that everyone has to stay off of unless there is some emergency, INCLUDING other hams, then I have a serious issue with this.  It's using ham radio for a commercial purpose.  And using ham radio for commerical purposes is illegal.  Remember, it's not even legal to order a pizza via an autopatch, or to have an advertisement run on the hold music while you are on an autopatch.  So, when you choose to get a license to fulfill a communications need that should obviously be done with a commercial SMR license and commercial radios then it's a problem.  Get on an open repeater, some time and have some wacker tell you that you shouldn't be on the repeater because it's for emergency use only and then maybe you will have a better understanding of what I am saying.
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N2KD

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  • Posts: 69
Re: FCC Proposals to Reallocate 3.4 & 5.8 GHz Bands
« Reply #16 on: April 09, 2020, 02:37:00 PM »

While I agree with many of your points, I would take exception with one of them:

" Remember, it's not even legal to order a pizza via an autopatch, or to have an advertisement run on the hold music while you are on an autopatch"

It may not be something you or I want to see, it may not be popular, but it is no longer illegal to order a pizza
via ham radio.

"Between 1972 and 1993, the FCC laid down stringent “no business” rules. Talk-ins to conventions and hamfests weren’t legal, among many other things! Effective September 13, 1993, the “no business communications” language was replaced with a prohibition on communications for compensation on behalf of one’s employer, or in which the amateur has a pecuniary interest [97.113(a)(2), (3)]. The current language is almost, but not quite, as relaxed as the pre-1972 rules. Now, instead of a flat prohibition on providing an alternative to other radio services, there is a less restrictive one against doing so on a regular basis [97.113(a)(5)]."


 It's not legal for the owner to use ham radio to take orders, as he would have a pecuniary interest.
He would also be using amateur radio for communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.

 .. but its perfectly legal for a individual ham to occasionally order via amateur radio. It may not be something I'd
do or even think is proper, but its legal.





https://new-ham-radio.blogspot.com/2010/07/i-would-like-to-use-autopatch-of-our.html

https://www.ecfr.gov/cgi-bin/text-idx?SID=d4b3c60d2d60000a147f885bdee88264&mc=true&node=pt47.5.97&rgn=div5#se47.5.97_1113
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