craig
Supporting Sponsor, Overland Certified OC0018
I disagree. They are two separate sentences.
(e) No station may be automatically controlled while transmitting third party communications, except a station transmitting a RTTY or data emission. All messages that are retransmitted must originate at a station that is being locally or remotely controlled.
The first sentence addresses the transmission of 3rd party communications when automatically controlled, including ORIGINATING transmissions. There is nothing in that first sentence to indicate otherwise. It doesn't even make sense if it is assumed to be an automatically controlled station such as a repeater. You are welcome to disagree, but my understanding here is that this sentence clearly states that automatically controlled stations can originate data transmissions. E.g. For example a weather station or a tracker.
The second sentence addresses retransmissions, such as a repeater and has no bearing on the discussion at hand.
I also don't agree that it is a 3rd party communication. The person driving the truck cannot specify the lat/lon being broadcast. They aren't contacting me with their lat/lon and having me then send out their lat/lon for them. They aren't interacting with the unit to control their lat/lon. There is NO THIRD PARTY involved in the chain of communication. Sending out lat/lon data is no different than sending out "weather" data. If the unit could be opened and the 3rd person could specify their lat/lon I would agree with you, but that isn't the case with this setup.
Anyway, this is clearly a widely debated subject. At the end of the day the proof is in the pudding. Automated trackers like these have been used by all sorts of people for over 30 years now and the FCC doesn't care. The FCC lead counsel stated that he doesn't have a problem with it. Even if there is some sort of letter of the law interpretation that prevents this sort of activity, which I don't believe there is, the FCC itself doesn't care.
My understanding is that the FCC is really only concerned with equipment that is misbehaving and insuring that it doesn't clobber everyone else. If I'm using one on the trail and someone asks me to shut it down I can have it shut down within 1 minute by calling someone on the radio near the offending truck and have it powered down. We are in the middle of the woods where we don't interfere with anything. I highly doubt the FCC is going to have an issue with us and our 5w trackers in the middle of nowhere.
I think all of this gets back to the *why*, or spirit of the law. The FCC just wants to make sure the radio waves are used properly. There is no reason to think that a Byonics tracker in a convoy is going to cause a problem that can't be addressed quickly in the field by me, the licensed operator.
Craig
(e) No station may be automatically controlled while transmitting third party communications, except a station transmitting a RTTY or data emission. All messages that are retransmitted must originate at a station that is being locally or remotely controlled.
The first sentence addresses the transmission of 3rd party communications when automatically controlled, including ORIGINATING transmissions. There is nothing in that first sentence to indicate otherwise. It doesn't even make sense if it is assumed to be an automatically controlled station such as a repeater. You are welcome to disagree, but my understanding here is that this sentence clearly states that automatically controlled stations can originate data transmissions. E.g. For example a weather station or a tracker.
The second sentence addresses retransmissions, such as a repeater and has no bearing on the discussion at hand.
I also don't agree that it is a 3rd party communication. The person driving the truck cannot specify the lat/lon being broadcast. They aren't contacting me with their lat/lon and having me then send out their lat/lon for them. They aren't interacting with the unit to control their lat/lon. There is NO THIRD PARTY involved in the chain of communication. Sending out lat/lon data is no different than sending out "weather" data. If the unit could be opened and the 3rd person could specify their lat/lon I would agree with you, but that isn't the case with this setup.
Anyway, this is clearly a widely debated subject. At the end of the day the proof is in the pudding. Automated trackers like these have been used by all sorts of people for over 30 years now and the FCC doesn't care. The FCC lead counsel stated that he doesn't have a problem with it. Even if there is some sort of letter of the law interpretation that prevents this sort of activity, which I don't believe there is, the FCC itself doesn't care.
My understanding is that the FCC is really only concerned with equipment that is misbehaving and insuring that it doesn't clobber everyone else. If I'm using one on the trail and someone asks me to shut it down I can have it shut down within 1 minute by calling someone on the radio near the offending truck and have it powered down. We are in the middle of the woods where we don't interfere with anything. I highly doubt the FCC is going to have an issue with us and our 5w trackers in the middle of nowhere.
I think all of this gets back to the *why*, or spirit of the law. The FCC just wants to make sure the radio waves are used properly. There is no reason to think that a Byonics tracker in a convoy is going to cause a problem that can't be addressed quickly in the field by me, the licensed operator.
Craig
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