COLIN LAMB wrote:
"OK, I'm not trying to argue with you, but I'd wager in a court of law,
the FCC rules would take precidence over an aprs website wiki. Of
course, individual interpretation of FCC rules has always existed. I
have not used aprs, so I need to ask a question. Does an amateur radio
callsign need to be supplied to the aprs software? If so, I assume that
is the call sent out in the packets. If so, the person that holds that
callsign is responsible for the transmission. Would you be willing to
have your call in use with hundreds of aprs installations in gliders (or
anywhere else) being operated by unlicensed individuals? Not me!"

Certainly the FCC rules take precedence. And, as I explained in another
post, there can be some gray areas, depending upon how they are implemented.
The FCC knows what is going on and has inpliedly consented by doing nothing.
There must be a control operator and his or her callsign would be embedded
in each digital transmission. That would be the callsign of the control
operator. If there is any violation, it is the control operator that gets
called on the carpet.

Exactly. That is why I wondered if you had objections to the
possibility of having your call used by Joe Public so to speak.

Certain rules are inflexible for hams. First, they cannot charge for their
activities. So, any installation would have to be unconpensated on the part
of the amateur. Secondly, it could not be used in a commercial activity.
Both of these rules could be met in most sailplane installations. The
amateur would have to be familiar with the rules and decide how much control
he or she wanted. Control could be fairly simple. Your neighbor ham could
install and turn it on as you left for the airport, it could go into sleep
mode when you finished your flight and he could turn it off when you
returned home. In the meantime, your wife could watch your flight on the
internet on www.findu.com The soaring pilot might find this so useful, he
could become a ham so he could control things himself.

We have tried APRS in our search operation and I have sent out unlicensed
searchers with my call embedded in their transmitter. We actually have a
number of hams who are SAR members, so we are never far away from a control
operator.

I would not and do not intend to let hundeds of installations use my call in
APRS installations, but under the right circumstances would have no problem
installing the equipment in selected gliders at the appropraite time.

As to my ability to interpret the FCC rules, I am also a lawyer and am
comfortable dealing with "gray" areas - especially when there is public
benefit.

OK, but to me PERSONALLY, I take "gray areas" as "indeterminate and
intermediate in character" (Webster's Universal College Dictionary)
meaning that while something may not be specifically illegal, it may not
necessarily be specifically legal either. This is the area where
lawyers dwell (as noted in an old Don Henley song). It sounds to me
that gray areas tend to be used by people that are after something that
is good for them rather than good for the public in general.

I'm not saying you can't do this, but my conscience says it's not the
intent of the FCC rules to let any Tom, Dick or Harry use amateur
frequncies on a continuing basis without obtaining a proper license. We
could debate this for decades, but would end up in the same spot in the
end (unless the FCC ever decides this is an abuse of license privileges
and specifically spells it out as legal or illegal). The wiki source
you provided suggests asking the ARRL for guidance and NOT to ask the
FCC. This is their way of saying "Let a sleeping dog lie." And this
implies to me that they are suggesting operating on the fringe of the
law. I think allowing non-hams to operate in the ham bands is not a
good thing for the amateur service, but that's just my opinion. After
all, it's not hard to get a license these days.

Scott
N0EDV

Colin Lamb