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

To: topband@contesting.com
Subject: Re: Topband: Legality of Circumventing Commercial MaritimeISP Services??
From: Herbert Schonbohm <herbert.schoenbohm@gmail.com>
Date: Sun, 16 Mar 2014 13:19:42 -0400
List-post: <topband@contesting.com">mailto:topband@contesting.com>
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" the 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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