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Re: Topband: Foreign stns using NA remotes for K1N

To: "topband@contesting.com" <topband@contesting.com>
Subject: Re: Topband: Foreign stns using NA remotes for K1N
From: Michael Adams <mda@n1en.org>
Date: Thu, 5 Feb 2015 18:21:40 +0000
List-post: <topband@contesting.com">mailto:topband@contesting.com>
(Disclaimer: I am not a lawyer.)

Keep in mind that "radio communication" already has a statutory definition; 
incorporating it into Part 97 might make Part 97 clearer...but I think it would 
take an act of Congress to actually change the definition for amateur radio 
purposes.

>From 47 U.S. Code § 153:
+++
(40) Radio communication

The term "radio communication" or "communication by radio" means the 
transmission by radio of writing, signs, signals, pictures, and sounds of all 
kinds, including all instrumentalities, facilities, apparatus, and services 
(among other things, the receipt, forwarding, and delivery of communications) 
incidental to such transmission.

-- 
Michael Adams | N1EN | mda@n1en.org

-----Original Message de W9AC-----

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.

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