From: bobw@col.hp.com (Bob Witte)
Subject: Re: Text of FCC PR Docket 92-136, Relaxation of "No-Business" Rule
Date: Thu, 27 Aug 1992 14:48:38 GMT
Organization: HP Colorado Springs Division

  [stuff deleted]

>      1.  The authority citation for Part 97 would continue to read as
> follows:
> 
> Authority citation: 48 Stat. 1066, 1082, as amended; 47 USC 154, 303.
> Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 USC
> 151-155, 301, 609, unless otherwise noted.
> 
>      2.  Section 97.113 would be revised to read as follows:
> 
>      97.113 Prohibited transmissions.
> 
>      (a) No amateur station shall transmit:
>      (1) Communications for hire or for material compensation, direct or
> indirect, paid or promised, except as otherwide provided in these rules;
>      (2) Communications in which the station licensee or control
> operator have a pecuniary interest, including communications on behalf
> of an employer.  Amateur operators may, however, notify other amateurs
> of the availability for sale or trade, of apparatus normally used in an
> amateur station, provided that such activity is not conducted on a
> regular basis;
>      (3) Music; Communications intended to facilitate a criminal act;
> Messages in codes or ciphers intended to obscure the meaning thereof,
> except as otherwise provided herein;  Obscene, indecent, or profane
> words or langauge; or false or deceptive messages, signals, or
> identification;
>      (4) Communications, on a regular basis, which could reasonable be
> furnished alternatively through other radio services.
   
    This last paragraph seems like a perfect catalyst for years of 
    armchair lawyer discussions. What does "be furnished alternatively
    through other radio services" mean? No autopatch because that could
    be done via cellular telephones? No chitchat on 2M because that
    could be accomplished via Citizens Band? 

    I am sure that's not the FCC intent, but the wording seems very
    open ended.

    Bob KB0CY

    P.S. Other that this nit, it seems the FCC is headed in the right
         direction.




>      (b) An amateur station shall not engage in any form of
> broadcasting, nor may an amateur station transmit one-way communications
> except as specifically provided in these rules;  nor shall an amateur
> station engage in any activity related to program production or
> newsgathering for broadcasting purposes, except that communications
> directly related to the immediate safety of human life or the protection
> of property may be provided by amateur stations to broadcasters for
> dissemination to the public where no other means of communication is
> reasonably available before or at the time of the event.
>      (c) A control operator may accept compensation as an incident of a
> teaching position during periods of time when an amateur station is used
> by that teacher as a part of classroom instruction at an educational
> institution.
>      (d) A control operator of a club station may accept compensation
> for the periods of time when the station is transmitting telegraphy
> practice or information bulletins, provided that the station transmits
> such telegraphy practice and bulletins for at least 40 hours per week;
> schedules operations on at least six amateur service MF and HF bands
> using reasonable measures to maximize coverage;  where the schedule of
> normal operating times and frequencies is published at least 30 days in
> advance of the actual transmissions;  and where the control operator
> does not accept any direct or indirect compensation for any other
> service as a control operator.
>      (e) 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 originating from United
> States Government stations, and communications originating on United
> States Government frequencies between a space shuttle and its associated
> Earth stations.  Prior approval for such retransmissions must be
> obtained from the National Aeronautics and Space Administration.  Such
> retransmissions must be for the exclusive use of amateur operators.
> Propagation, weather forecasts, and shuttle retransmissions may not be
> conducted on a regular basis, but only occasionally, as an incident of
> normal amateur radio communications.
>      (f) No amateur station, except in auxilliary, repeater, or space
> operation, may automatically retransmit the radio signals of other
> amateur stations.
> 
> Notes:
> 
> (1)  Petitions were received from Michael R. Reynolds (RM-7849) and
> Henry B. Ruh on behalf of Amateur Television Quarterly Magazine
> (RM-7896).  The letter was received from the Americal Radio Relay
> League, Inc. (League).  Because of the detail it contains, it is treated
> as a petition (RM-7895).
> 
> (2)  Section 97.113 prohibits amateur stations from transmitting any
> communications the purpose of which is to facilitate the business or
> commercial affairs of any party.  It prohibits amateur stations from
> transmitting communications as an alternative to other authorized radio
> services.  It also prohibits the transmission of music; communications
> in connection with any activity that is contrary to law; encrypted
> messages; words, language or meaning that is obscene, indecent, or
> profane; and false or deceptive messages or signals.  This rule
> provides, however, exceptions for providing emergency communications,
> facilitating the public's safe observation of public gatherings, selling
> amateur station apparatus, and conveying news information.
> 
> (3)  RM-7895 at 2.
> 
> (4)  Id. at 1.
> 
> (5)  Id. at 11.
>  
> (6)  Id. at 10.
> 
> (7)  Id. at 10-11.  The League's proposed revision is based upon the
> principles that (a) amateur operators should not conduct communications
> in exchange for compensation or for the benefit of their employers, (b)
> amateur operators should not transmit communications in which the
> operator has a pecuniary interest, and (c) amateur operators should not
> use amateur service frequencies regularly as a substitute for other
> licesned radio services.  The yardstick the amateur operators would use
> for determining pecuniary interest would be the business implication of
> the licensee intitiating the communication, not the recipient.
> 
> (8)  Id. (Attachment) at 1.
> 
> (9)  RM-7849 at 3 and RM-7896 at 1.
> 
> (10) RM-7849 at 1, 3, and RM-7896 at 2.  The League also proposes
> eliminating this prohibition.  See RM-7895 at 14.
> 
> (11) RM-7849 at 2, RM-7896 at 2.
> 
> (12) RM-7896 at 1-2.
> 
> (13) See The National Amateur Radio Association's _The Amateur Radio
> Communicator_, October, 1991, 18-20: comment of Gay James at 3, 
> _Worldradio_ January, 1992, 1,3; QST February, 1992, 23; QST May, 1991,
> 14.
> 
> (14) See The National Amateur Radio Association's _The Amateur Radio
> Communicator_, November, 1991, 22-24, Worldradio, Marcy, 1992, 26-27,
> QST, July, 1991, 69.
> 
> (15) Letter from Mr. C. Murray Robinson to Chief, Personal Radio Branch
> (September 10, 1991).
> 
> (16) Comment of Hood County Amateur Radio Club at 2.
> 
> (17) Comment of A. Prose Walker at 1, Comments of American Amateur Radio
> Council (AARC) at 5.  The late filed AARC Comments were accompanied by a
> request for acceptance.  We have accepted and considered AARC's Comments
> in the interest of developing as complete a record as possible on this
> issue.
> 
> (18) Comment of Steve Lund at 1, Jon Book at 1, Southeast Louisiana
> Amateur Radio Club at 1.
> 
Newsgroups: rec.radio.amateur.policy,acm.forum.comm,uno.radio