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Topband: Legality of Circumventing Commercial Maritime ISP Services??

To: topband@contesting.com
Subject: Topband: Legality of Circumventing Commercial Maritime ISP Services??
From: Dan White <hdwhite@charter.net>
Reply-to: W5DNT@arrl.net
Date: Sat, 15 Mar 2014 21:49:00 -0500
List-post: <topband@contesting.com">mailto:topband@contesting.com>

Yachtsmen may be using amateur radio in order to avoid paying the fees for more expensive maritime email systems, perhaps such as http://www.sailmail.com/ , which charges an annual vessel fee of $250. This is most certainly a "radio service".

Winlink on the other hand, operates under Part 97 of FCC Regulations. They market themselves to boat owners for maritime use. See http://www.winlink.org/node/233 for details.

My question is simple and legitimate. After reading FCC Part 97.113 which deals with Prohibited Amateur Communications, the rules specifically state routine communications are prohibited in cases where other radio services are available. Are the yachtsmen using email servers operating within our amateur spectrum in compliance with FCC Part 97.113?

FCC Part 97.113 a: No amateur station shall transmit, (5)Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.

73,
Dan
W5DNT
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