Don Fanning don at
Thu Sep 10 20:28:06 PDT 2009

Wow... touchy.

But if you want to be technical...

Part 97.113

(a)(4) Music using a phone emission except as specifically provided
elsewhere in this section; communications intended to facilitate a
criminal act; messages encoded for the purpose of obscuring their
meaning, except as otherwise provided
herein; obscene or indecent words or language; or false or deceptive
messages, signals or identification;

(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 manned spacecraft and its associated
Earth stations. Prior approval for manned spacecraft communications
retransmissions must be obtained from the National Aeronautics and Space
Administration. Such retransmissions must be for the exclusive use of
amateur radio operators. Propagation, weather forecasts, and manned
spacecraft communications retransmissions may not be conducted on a
regular basis, but only occasionally, as an incident of normal amateur
radio communications.

So unless you got permission from NASA to rebroadcast a transmission of
them playing the Great Satchmo, you're still out of luck because you'd
still be obscuring the meaning of the transmission.  Additionally (a)(5)
specifically states that "Communications, [...] which could reasonably
be furnished alternatively through other radio services." which would
mean radio, satellite radio, 802.11 ISM, etc.. Technically, that would
also include packet to internet gateways (as it's provided by cell phone
companies and wimax providers) but being a cheap bastard.. one can
stretch the word "reasonably"...

And thankfully, we're all into experimenting... right?

But thanks for playing.

-Don (KL7EET)

Christopher Osburn wrote:
> 97.113 Prohibited Transmissions
> (a)(4) Music using a phone emission, except as specifically provided
> elsewhere in this section....
> data != phone.
> done.
> This list isn't for arguing rules, but for talking about what we *can*
> do.
> 73 de KD7DVD
> Chris
> On 2009 Sep 10, at 19:52:48, Don Fanning wrote:
>> Steve Stroh wrote:
>>> Of course, if music happened to be encapsulated into the bitstream,
>>> it's perfectly OK on Amateur Radio because you're not transmitting
>>> "music", you're transmitting "bits".
>> Err... not really.  Because Part 97 categorizes transmissions not only
>> by emission type but content (CW/Data or Phone/Image) you'd still be
>> bound to the no music rule.  However I don't see the problem of
>> transferring files that are zipped data files which contain mp3 file
>> types.
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