[PBARC] Prohibited Amateur Transmissions

[WOLF, EARNEST G]

Section 97.113

(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.
 
(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) The 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 intended for use by the general public and originated from United States Government stations and communications, including incidental music, originating on United States Government frequencies between a space shuttle and its associated Earth stations. Prior approval for shuttle 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 an auxiliary, repeater, or space station, may automatically retransmit the radio signals of other amateur station.

 
[58 FR 43072, Aug. 13, 1993; 58 FR 47219, Sept. 8, 1993] 

This is interesting for a couple of reasons.  

I've been following a thread on the legalities of broadcasting NWS transmissions over a repeater.  Supposedly, one ham contacted Hollingsworth and asked him about the legality of said broadcasts.  Based on this email discussion and this ham conversation with Hollingsworth, it is ok to broadcast NWM weather as long as there is a "weather event" in the area.  Continually broadcasting is not allowed.  This seems to be supported by 97.113-5e.

In my mind, 97.113 - 5 implies that you shouldn't because the broadcast of this information is already being provided (and is available to the public by an relatively inexpensive receiver) by another radio service.  I do recall in previous copies of the FCC Rule book, it specifically discussed the broadcasting of NWS information and at that time the prevailing opinion was that it wasn't legal. 

Honestly, how many radios now days can't be programmed to pick up the NWS?

glenn