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Re: Topband: Legality of Circumventing Commercial MaritimeISP Services??

To: topband@contesting.com
Subject: Re: Topband: Legality of Circumventing Commercial MaritimeISP Services??
From: "Joe Subich, W4TV" <lists@subich.com>
Date: Sun, 16 Mar 2014 11:52:41 -0400
List-post: <topband@contesting.com">mailto:topband@contesting.com>

> If the communications are strictly personal then the emails would
> qualify...no?

No!  If the e-mails - even personal e-mail - happen many times a day
or a week, the *total volume* justifies a commercial service.  If
someone is sending or receiving a message or two a month, it may not
justify "commercial" services.  However, many of the individuals
involved are sending and receiving dozens of e-mails a day.

Is that any different than the traffic nets used on the hambands
since the 20's or earlier? They were also accused of circumventing
MaBell.

Formal message traffic did not circumvent Ma Bell - the phone patch
abuse by these same maritime and missionary interests certainly did.
There are (or at least were) tapes of certain "missionaries" dealing
with "offering levels" and other truly business traffic back in the
day.  Again, traffic nets are no commercial where one amateur may
send an occasional birthday greeting to a family member or note of
congratulations to another amateur.  However, if anyone were sending
several dozen messages per day to family and business contacts it
would certainly be "commercial traffic" and would justify use of the
mail, or Western Union back in the day.

73,

   ... Joe, W4TV


On 3/16/2014 10:55 AM, Carl wrote:
Is that any different than the traffic nets used on the hambands since
the 20's or earlier?  They were also accused of circumventing MaBell.

If the communications are strictly personal then the emails would
qualify...no? IMO that should be the dividing line and if it is work
related then pay the going rate.

OTOH if someone can afford just the fuel for a yatch then a mere $250 a
year shouldnt be a hardship (-;

Carl
KM1H




----- Original Message ----- From: "Charlie Cunningham"
<charlie-cunningham@nc.rr.com>
To: <W5DNT@arrl.net>; <topband@contesting.com>
Sent: Saturday, March 15, 2014 11:37 PM
Subject: Re: Topband: Legality of Circumventing Commercial MaritimeISP
Services??


Well, that is exactly what it's all about, Dan!!

Some of us need to press those points really hard with FCC and ARRL!
They
are trying to usurp our amateur spectrum for commercial and monetary
purposes

And it really IS about the maritime services!! They are wanting to
provide
Internet services in the amateur bands for commercial and monetary
purposes.

73,
Charlie, K4OTV

-----Original Message-----
From: Topband [mailto:topband-bounces@contesting.com] On Behalf Of Dan
White
Sent: Saturday, March 15, 2014 10:49 PM
To: topband@contesting.com
Subject: Topband: Legality of Circumventing Commercial Maritime ISP
Services??


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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