I think they key is in the part 97 definition of Automatic control.
it reads: 96.3 Definitions (6) Automatic control. The use of devices and procedures for control of a station when it is transmitting so that compliance with the FCC Rules is achieved without the control operator being present at a control point. so, the automatic control is NOT that it automaticly keys up like a repeater without a control operator being present, the automatic control is when the radio does something automaticly to comply with the FCC rules so the operator does not need to be present to make the station comply. (like I said an automatic ID) read the whole defintion and it obviously applies to ONLY something that happens automaticly so the station will comply with FCC rules. Not every transmission. Eddie (NU5K) From: [email protected] [mailto:[email protected]] On Behalf Of Michael Wrenn Sent: Friday, October 17, 2014 12:31 PM To: Eddie Runner; BRAZOS VALLEY AMATEUR RADIO CLUB Subject: Re: [BVARC] I didn't know that! I was thinking along a similar line so I did some research this morning. The repeater is considered in automatic control if it does not have an operator physically present at its operating point. If the repeater is being controlled by software then it is under automatic control. The other options are remote control, via a phone line or rf link, and local control, which means a human operator is physically located at the machine. The rules, not so simply, state that no automatically controlled radio may transmit third party traffic. So I'm guilty of putting my daughter on the air, Daryl is guilty of putting his wife on the air and the Boy Scouts of America commit this crime every year right about this weekend with JOTA. Seven Three, Michael - K5WRN http://www.qrz.com/db/K5WRN On Fri, Oct 17, 2014 at 10:33 AM, Eddie Runner via BVARC <[email protected]> wrote: a repeater is not neccissarily AUTOMATIC CONTROL.. Automatic control is like when a repeater automaticly keys up to send its ID. When one if us keys the repeater from our car or HT that is NOT automatic contol. I think someone may be missinterpretting this a bit. Part 97 is of course a bunch of legal talk, ha ha, not easily interpreted by most of us.. (including me) but it does have definitions of automatic, control operator, repeater and third party. the way I read it if you want to let your unlicensed buddy, child or wife, talk through your microphone while you are in control of the rig, through a local repeater, it is ok. Eddie (NU5K) From: BVARC [mailto:[email protected]] On Behalf Of Travis Burgess via BVARC Sent: Thursday, October 16, 2014 7:24 PM To: [email protected] Subject: [BVARC] I didn't know that! >From the Ham Test Online Extra study material: Automatically Controlled Stations and Third-Party Communications There are a couple of quirky laws about third party communications and automatically controlled stations. The FCC is trying to make sure that amateur radio doesn't compete with any commercial services. * Automatically controlled stations are not allowed to originate third party communications. * Automatically controlled stations are only allowed to retransmit third party communications if they are RTTY or data. In other words, if you pass third party traffic by voice on a repeater, or let your unlicensed friend talk on a repeater, and there is no control operator monitoring the repeater at that time, the repeater is violating the regulations! Most hams don't know this rule, or simply ignore it, but it is the law. ------- Travis K5HTB _______________________________________________ BVARC mailing list [email protected] http://mail.bvarc.org/mailman/listinfo/bvarc_bvarc.org
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