9 Jul
2013
9 Jul
'13
6:59 p.m.
Lynwood,
Good discussion. Thanks for challenging this. I really hope I'm wrong.
I'd hate to unnecessarily limit what we can do.
But I think you've made a few misinterpretations. To wit:
Perhaps I'm missing your point regarding email, automatic control and Part
97 regarding data emissions; in addition, I wasn't clear that you were
referencing BBS software instead of standard email or webmail.
97.115(c) permits automatic 3rd party communications via data or RTTY.
Right, but believe it or not, 1200 baud AFSK packet is not "data". See the
definitions section, 97.3(b)(2), where "data" is defined as ". emissions
having designators with A, C, D, F, G, H, J or R as the first symbol; 1 as
the second symbol; D as the third symbol; and emission J2D. Only a digital
code of the type specifically authorized in this part may be transmitted."
Unless I'm mistaken, 1200 baud AFSK is emission designator F2D. ("F" for
FM, "2" for AFSK, "D" for Data, telemetry, telecommand). That's
not listed
in the definition for "data." And, the definition for data is specifically
exclusive . i.e. "only these things and nothing else".
So, back to 97.109(c): "No station may be automatically controlled while
transmitting third party communications, except a station transmitting a
RTTY or data emission." And, as clarified above, 1200 baud AFSK packet is
not a "data" emission as defined in part 97.
Continuing with 97.109(c): "All messages that are retransmitted must
originate at a station that is being locally or remotely controlled." If I
log into my BBS, I'm locally controlling that communication. This is how
WL2K works. But if BBS B is the email gateway and is retransmitting to BBS
A automatically, then BBS B is certainly not being locally or remotely
controlled at the time.
There's also this:
97.115(b): The third party may participate in stating the message where:
97.115(b)(1): The control operator is present at the control point is
continuously monitoring and supervising the third party's participation; and
."
Certainly, there is no control operator present to monitor and supervise the
3rd party as they create the email that causes the automatic transmission
over amateur frequencies.
Another killer is:
97.219(d) "For stations participating in a message forwarding system, the
control operator of the first forwarding station must: ."
97.219(d)(1) "Authenticate the identity of the station from which it accepts
communications on behalf of the system; or ."
97.291(d)(2) "Accept accountability for any violation of the rules in this
part contained in messages it retransmits to the system."
The way I read that is that whoever is the trustee for the gateway must make
sure that incoming messages which will be forwarded between BBSs over
amateur frequencies are not violating any of the other rules, like which
countries and which individuals we can exchange 3rd party communications
with, message content, etc. And that's virtually impossible to do in any
practical way. But if the gateway is the same machine that I log into, then
as I log in, that communication is under my control and I'm responsible.
Again, that's how WL2K works.
The only instance where your idea would not be allowed
I believe you're incorrect, see above. But continuing .
is if the 3rd party picked up email from a server whose Internet path could
only be reached via an Amateur RF link (e.g. a POP3 or IMAP server
[email-for-pickup] located in an Amateur SATERN communications mobile). In
this case, you're providing email service to non-amateurs over RF, which is
not allowed anyway.
Yes, that would be an obvious violation - a non-ham directly using a ham
frequency.
SMTP, or transmission of email is automatic, and therefore allowed, if it is
a non-amateur sending the email, care must be made that the first leg is not
via Part 97 RF (e.g. a local LAN at an EOC connected to AMPR).
I think I've shown above that it is NOT allowed, even if the first leg is
not part 97 RF. But if I'm mistaken, please show me where.
Your example of BBS B receiving the message on standard Internet, then
sending that message automatically to BBS A via Amateur RF is allowed per
97.115(c).
Um, 97.115(c) relates to stations sending an ID. I think you mean 97.109(c)
which I've already covered above.
In order for a 3rd party communication to enter AMPR, in all occasions, must
be at some gateway between the commodity Internet and AMPR, as the
non-amateur should not have direct access to AMPR anyway.
Yes, of course. But I think I've show above that automatic forwarding (at
least using AFSK) is specifically NOT allowed.
I also noted that you refer to Consumer/Off-the-shelf equipment as
non-amateur; that is not entirely the case, it somewhat implies that if one
end of the communication is Part 97, it can link to Part 15 equipment; such
would not be the case, unless it's first converted the data path to non-RF
for the final leg (e.g. wired Ethernet).
No such implication was intended. I'm aware that many off-the-shelf
products are modified to work on amateur frequencies. But, once modified,
they are no longer "off-the-shelf" and would, of course, be governed by part
97.
Final note: I would love it if someone can show me where I'm wrong.
Really!
Michael
N6MEF