[RTTY] FW: Legality of Circumventing Commercial Maritime ISP Services??

[Terry]

Crosspost -  Question about Winlink automated packet robots that are causing
so much QRM on the RTTY sub bands and 40 meter SSB. 



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