Topband: Legality of Circumventing Commercial MaritimeISP Services??

[Joe Subich, W4TV]

 > 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 at nc.rr.com>
> To: <W5DNT at arrl.net>; <topband at 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 at contesting.com] On Behalf Of Dan
>> White
>> Sent: Saturday, March 15, 2014 10:49 PM
>> To: topband at 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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