Topband: Foreign stns using NA remotes for K1N

[Paul Christensen]

While "Radio Communication" is not the same as ³Communication,² the USC
definition, if construed as Communication is actually damning for toll
remote services.  It includes the *transmission by radio ofŠincluding all
instrumentalities, facilities, apparatusŠand delivery of
communication...and incidental to such transmission,* and not just the
message or content.

I hope folks can more clearly see why it¹s not some slam-dunk to reach a
conclusion on a definition.    While some attorneys can make the legal
argument that without a definition in Part 97, Communication is simply a
message, it would not be difficult to take the opposing view that
Communication as used in 97.113 (but not actually defined as such) is, and
was, intentionally drafted to be interpreted as "Radio Communication.²  If
you read through all the communication definitions under USC 153, each one
mentions the communication OR transmission of content (e.g., Wire
Communications, Interstate Communication).

Paul, W9AC   

-----Original Message-----
From: Michael Adams <mda at n1en.org>
Date: Thursday, February 5, 2015 at 1:21 PM
To: "topband at contesting.com" <topband at contesting.com>
Subject: Re: Topband: Foreign stns using NA remotes for K1N

(Disclaimer: I am not a lawyer.)

Keep in mind that "radio communication" already has a statutory
definition; incorporating it into Part 97 might make Part 97 clearer...but
I think it would take an act of Congress to actually change the definition
for amateur radio purposes.

>From 47 U.S. Code § 153:
+++
(40) Radio communication

The term "radio communication" or "communication by radio" means the
transmission by radio of writing, signs, signals, pictures, and sounds of
all kinds, including all instrumentalities, facilities, apparatus, and
services (among other things, the receipt, forwarding, and delivery of
communications) incidental to such transmission.

-- 
Michael Adams | N1EN | mda at n1en.org

-----Original Message de W9AC-----

Apart from that, one could otherwise make the legal argument in Part 97
that "communication" is not only the message but the act of information
transfer. 
I specifically mention Part 97 because otherwise, the interpretation would
have far-reaching implications in other wireless services.

Back to my original post: It's definitely time for a PRM, and to add a
clear definition of "communication" in 97.3.  Today, that definition does
not exist in Part 97.

_________________
Topband Reflector Archives - http://www.contesting.com/_topband