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Re: Topband: Foreign stns using NA remotes for K1N

To: "topband" <topband@contesting.com>
Subject: Re: Topband: Foreign stns using NA remotes for K1N
From: "Paul Christensen" <w9ac@arrl.net>
Date: Thu, 5 Feb 2015 11:07:01 -0500
List-post: <topband@contesting.com">mailto:topband@contesting.com>
"that has a radio. Sad, but true. Maybe it's time the amateur community try
to get Part 97 changed. I doubt anyone had this in mind when the original
regs were drafted."

Larry,

Wow, that's not an opinion I would ever provide to a client unless: (1) it's squarely backed-up by on-point case law - which it likely is if rendered by a competent attorney; and (2) I ensured that my professional liability insurance policy was up-to-date. Even the most prominent legal counsel is not 100% right.
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.
Paul, W9AC 

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