----- Original Message -----
From: "Joe Subich, W4TV" <k4ik@subich.com>
To: "'George Henry'" <ka3hsw@earthlink.net>; <rtty@contesting.com>
Sent: Sunday, January 15, 2006 5:08 PM
Subject: RE: [RTTY] ARRL Bandwidth Proposal - FCC Invites Comments
> I am simply saying that in order for the Amateur Service to
> be effectively self- (or peer-) policing, the Commission has
> every right (and the duty) to permit the use of only protocols
> and modulation for which freely available software is available.
>
WRONG, WRONG, WRONG!
You seem to be forgetting that amateur radio is an INTERNATIONAL hobby...
The requirement that digital protocols be publicly documented is an ITU
rule, echoed in the FCC rules. ONLY the ITU can impose a rule which is
binding on ALL amateurs. The Federal Communications Commission has NO
authority under international law to regulate the actions of amateurs
outside of the U.S.
FACT: Virtually every new digital protocol introduced in the last several
years came from non-US hams.
FACT: Virtually all of the software for decoding said protocols was
developed by non-US hams.
Therefore, what you are proposing is both impossible, and impractical.
> If a manufacturer believes a market exists for his product, he
> will must make the software available in order to sell his
> product into the amateur market. If he is not willing to make
> software available to support use of the product/protocol - it
> has no place on the amateur bands.
>
And it is ENTIRELY UP TO THEM to decide whether to supply that market for
free, or
for a price, and NOT up to the FCC. (And, given all the recent free trade
agreements and
digital copyright treaties meant to foster technological development, no way
will the ITU
go there, either!)
> There is no "taking" involved ... simply a requirement that all
> protocols/modulation methods can be freely monitored by the
> average amateur. To do otherwise would risk permanent damage
> to the Amateur Service and particularly the HF allocations. It
> would be tantamount to turning large sections of Yellowstone
> or Grand Teton National Park into a "private club" where anything
> goes and the rest of the public are locked out.
>
Sorry.... THE FCC CANNOT DO WHAT YOU ARE PROPOSING.
PERIOD!
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