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

To: Herbert Schonbohm <herbert.schoenbohm@gmail.com>
Subject: Re: Topband: Legality of Circumventing Commercial MaritimeISP Services??
From: W2PM <w2pm@aol.com>
Date: Sun, 16 Mar 2014 15:51:17 -0400
List-post: <topband@contesting.com">mailto:topband@contesting.com>
The fact of the matter is in many cases in this country- ham radio "emergency" 
communications is not much more than a half step above water boy - very much 
marginalized and often the help thought of as wanna be authority figures.  In 
lesser developed places it's different but the Arrl emergency communications 
banter is bogus and sadly somewhat of a joke to professional public safety 
officials. 

Sent from my iPhone

> On Mar 16, 2014, at 1:19 PM, Herbert Schonbohm <herbert.schoenbohm@gmail.com> 
> wrote:
> 
> The majority of sailboat and powerboat cruising crowd (some call them 
> yachtsmen) are to busy when they are at the helm to do internet.  However 
> when they pull into a port or harbor and drop the anchor and pour two fingers 
> of Dewer's White Lable it is then they wish to catch up with their stock 
> broker or divorce attorney and in many cases , unfortunately, amateur radio 
> operators can't wait to help them.  In each island there are vast internet 
> services they can subscribe to as well as roaming cell phone service where 
> their I-Phone or Android are functioning and legal to use.  But no...they are 
> taking advantage of the fact that some in the amateur community are enablers 
> of this practice and even make money outfiting the boats with amateur rather 
> than commercial equipment.  This shows disrespect for the laws and the 
> territorial integrity of the countries this scofflaws are visiting,  Carl 
> most of the so called traffic is "important" to them and by virtue of this 
> "importance" th
 e rules say no.  Also operating radios for any purpose in the territorial 
waters of a country with out the requisite permit to do so is a violation of 
international law and treaty.  Most if not all French and former British 
islands do not allow the transmission of any third party messages which we call 
"traffic."  Additionally these boat people do not seem to care about the 
requirement that once they clear in to a foreign port they must abide by the 
rules of that country. Today this is serious business when you are anchored in 
the territorial waters an do not clear in legally, you can have your boat 
confiscated and the U.S. consulate won't be of much help if you clearly 
violated that country's laws.
> 
> In the U.S. which permits third party  "traffic" the only allowable message 
> is that by virtue of its *unimportance* recourse to regular 
> telecommunications services is not justified. We seem to forget this or 
> disregafrd this completely. So anything *important* is not permitted except 
> in a real emergency, Period. Also I would think it is about time that the 
> ARRL stop pushing this traffic concept.  Sure during certain emergencies 
> amateur radio is crucial but the old fashioned ARRL message routine is truly 
> old school. Yet the even make this part of the popular SS contests and many 
> wonder why.  New technologies, data, mesh networks, digital DMR, D-star, and 
> hand held sat phones, have rendered the Brass Pounders League no longer as 
> valuable as it used to be years ago.
> 
> 
> Herb Schoenbohm, KV4FZ
> 
> Chasing ham radio pirates sure beats chasing fishing beacons on 160
> 
> 
> 
> 
>> 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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>>> 
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>> 
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