[AMRadio] k1man fined

[Mike Sawyer]

No kidding Pete?! Is it my responsibility to check the ARRgghhL web site for 
their transmissions? Some may visit it more than others but I do not (nor do 
I care). In reference to the broadcasting, this is what I said: "I don't 
have a rule book in front of  me but I thought that one-way transmissions, 
in and of their self was prohibited by the FCC until this issue came up." 
Clue: read the last part of my statement carefully.
Personally, I think that the ARRgghhL should cease and desist with their 
one-way transmissions since they never check the frequency to see if it is 
in use. I hold them in the same low esteem as K1(wo)MAN. To me that is 
intentional QRM and is subject to the same set of rules that you cite. Their 
best bet would be to get permission or licensing to broadcast just outside 
of the ham bands and not cause any problems to anyone.
Mod-U-Lator,
Mike(y)
W3SLK

----- Original Message ----- 
From: "Peter Markavage" <manualman at juno.com>
To: <amradio at mailman.qth.net>
Sent: Saturday, April 01, 2006 10:57 PM
Subject: Re: [AMRadio] k1man fined


Slk said, " As a non-member of the ARRgghhL, I do not get their reports
or broadcasting (since it is a single transmission to the masses)
schedule."

Any of this information is available off the ARRL Web Site whether
you're a member or not. The complete W1AW bulletin schedule and
frequencies are
available off the their web site.

One way information bulletins are not illegal on the Amateur Bands.

See 97.111 (b)(6)
 97.111 Authorized transmissions.
 (b)  In addition to one-way transmissions specifically authorized
elsewhere in this Part, an amateur  station may transmit the following
types of one-way communications:

(1) Brief transmissions necessary to make adjustments to the station;
 (2) Brief transmissions necessary to establishing two-way
communications with  other stations;
 (3) Telecommand;
 (4) Transmissions necessary to providing emergency communications;
 (5) Transmissions necessary to assisting persons learning, or  improving
proficiency  in, the international Morse code;
 (6) Transmissions necessary to disseminate information bulletins;
 (7) Transmissions of telemetry.

AND See 97.113 (b)

 97.113 Prohibited transmissions.
 (a) No amateur station shall transmit:
(1) Communications specifically prohibited elsewhere in this Part;
(2) Communications for hire or for material compensation, direct or
indirect, paid  or promised, except as otherwise provided in these rules;
(3) Communications in which the station licensee or control operator  has
a  pecuniary interest, including communications on behalf of an
employer.
 Amateur operators may, however, notify other amateur operators 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;
(4) Music using a phone emission except as specifically provided
elsewhere in this  Section; communications intended to facilitate a
criminal act; messages in codes  or ciphers intended to obscure the
meaning thereof, except as  otherwise  provided herein; obscene or
indecent words or language; or false or deceptive  messages, signals or
identification;
(5) Communications, on a regular basis, which could reasonably be
furnished  alternatively through other radio services.
(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 news gathering
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.

Pete, wa2cwa