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Re: Topband: Legality of Circumventing Commercial Maritime ISP Services?

To: topband@contesting.com
Subject: Re: Topband: Legality of Circumventing Commercial Maritime ISP Services??
From: Herbert Schonbohm <herbert.schoenbohm@gmail.com>
Date: Sun, 16 Mar 2014 17:48:08 -0400
List-post: <topband@contesting.com">mailto:topband@contesting.com>
Mike,


The issue with "cruisers" using the ham bands is that so many are not even legally licensed or if they are have no permit to operate in the ports and harbors where they are visiting. Most of the islands in the Eastern Caribbean do not permit third party traffic of any kind. So the cruiser scofflaws falsely claim they are "Micky Mouse" to avoid suspicion. Across the Caribbean island you can leave the territorial waters of one country and cross into the territorial waters of another. When you hear amateurs in the states running a marine radio service on any band you normally hear a litany of illegal practices. Just listen to the content of the phone patches and you will quickly see this is true.

When you follow the narrative on the link below you see that EL0BF is not a valid amateur license but rather a pirate call. This raises another issue as the sale boat "Fiesty Lady" is a U.S. Registered vessel under the flag and laws of the U.S. The mere idea of just self assigning an amateur sounding call for your sailing experiences is wrong. But in this case we have someone who is not by his own admission in immediate danger but rather chooses to use amateur radio as his communications for a trans-Atlantic crossing. This not only places him in peril for not having the proper communications equipment for such a journey but deprives him of a vast world wide system of marine communications on frequencies that are monitor by other boats that may be only a hour away. IMHO amateur respecting their hobby must not be enablers of this nonsense.

Regards,

Herb Schoenbohm, KV4FZ








On 3/16/2014 12:13 PM, Michael St. Angelo wrote:
Dan,

If the traffic is limited to health and welfare informational messages to
family and friends I don't see any issue with cruisers using the ham bands.

It also depends on your interpretion of FCC Part 97.113.

Since we now have online buy and sell and trade services does this mean that
these activities are prohibited on the Ham Bands?

The same goes with mobile operation. Is this now prohibited since we can
communicate with cellphones?

I believe it is a carryover for the days of Maritime Coastal Stations
lobbying but those stations are gone.

Mike N2MS

-----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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