--- Mark Erbaugh <mark@microenh.com> wrote:
> On Sat, 2005-01-08 at 11:14, doc wrote:
> > > 3) this is nit picky, but in the US, the using an
> unlicensed device to
> > > supply transmit audio is in violation of FCC amateur
> regulations which
> > > prevent (execpt in specifically authorized cases)
> retransmission of audio
> > > from other services. Presumably this device works under
> Part 15 which
> > > constitutes another service. The same restriction
> applies to using cordless microphones.
> >
> > Once acquired by a Ham and used by a Ham on a Ham band
> does
> > it not become a Ham device? (Same as using a commercial
> UHF rig modified for 440 for repeater control?)
> >
>
> Maybe I misunderstood the intent. I thought you would still
> be using the
> modem as a Part 15 device. If you convert it to ham band
> operation
> that's a different issue. However, you would then need to
> be concerned
> about the receive audio. If, for example, you tuned in a SW
> broadcast
> signal or any other non-ham signal it would not be legal to
> transmit the
> receive audio back to the remote site as that would again
> be an illegal retranmission of another service.
I'm not sure I totally agree with this assessment and here is
my reasoning why:
Part 97.113(e) says in part:
"No station shall retransmit programs or signals emanating
from any type of radio station other than an amateur station,
except propagation and weather forecast information intended
for use by the general public and originated from United
States Government stations and communications, including
incidental music, originating on United States Government
frequencies between a space shuttle and its associated Earth
stations.
...."
It specifically states that signal emanating from any type of
radio *station* cannot be retransmitted. Then if you read the
Part 15 rules that cover cordless phones, and WiFi type gear
(47CFR15.201), nowhere does describe any of that gear as
being a "station" at any time. My contention is that even
though those types of part 15 devices are intentional
radiators they are NOT stations. Additionally as long as you
are not using the part 15 device as an uncontrolled
*originating* source but merely as a transferring medium for
your voice, CW key, RX audio etc. then it should not be a
problem. I really don't see how it is any different than
using common carrier phone lines for remote radio station
purposes (some of that link may be RF and you wouldn't even
know it).
So from a purely practical matter I don't see why it should
be any problem to use part 15 devices for wireless mics and
wireless data links and so on as long as you do not modify
the part 15 device in any way. So if the audio or data that
goes in one side comes out the other side as the part 15
device's design intended *and* the RF in between is handled
in complete compliance with part 15 then I don't see a
problem.
However as soon you modify a part 15 device in any way then
you will have violated 47CFR15.204 (assuming you don't want
operate it under part 97 rules - more below). Additionally
you still always need to satisfy the station control
requirements of 47CFR97.109, the fact that the link is part
15 vs. a physical cable shouldn't matter. Also part of
satisfying 47CFR97.109 you must be able to assure that you do
indeed have full control at all times and to not allow any
non licensed (amateur) access to that part 15 link. So it may
not be wise choice to use certain part 15 devices for that
reason alone.
If you do decide to *modify* a part 15 devices in any way,
such as more power, different antenna etc. you then must use
it *in* the ham bands and you *must* also operate it fully
under the amateur part 97 rules. So you are then faced with
*all* of the part 97 restrictions and requirements regarding
codes and ciphers, ID'ing etc. for that RF link using that
(now former) part 15 gear.
At least that's my take on it for whatever that's worth..
Duane
N9DG
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