Keep in mind there is no regulatory baud rate limit for digital voice or 
digital SSTV.  Any emission designators with a second symbol of 1 or 2, and 
a third symbol of E or C are considered Phone/Image respectively.  There 
are no baud limits for these emissions.  The baud limits are for emission 
designators with a second symbol of 1 or 2, and a third symbol of B or D.

PR Docket No 88-139 released in 1988 is the foundation of our current part 
97 rules.  In this docket the FCC states: "We wish to recognize and 
encourage the experimental nature of the amateur service.  It is 
appropriate to avoid, to the extent possible, placing in the rules detailed 
regulations and specifications for the configuration and operation of 
various amateur communications systems. Such regulations and specifications 
would reduce the flexibility that is a hallmark of a service free to branch 
out and follow an infinite number of paths.... This enables amateur 
operators to utilize their individual stations in creating and pioneering 
communication systems that are limited only by their personal interests, 
imagination and technical skills."  Then under advancing the radio art the 
FCC states: "It is our intent that amateur operators in the United States 
be allowed to experiment with the full range of modulation types."  They go 
on to state: " The principal use of emission designators in regulations for 
the amateur service is to relegate the transmission of certain inharmonious 
emission types to different segments of the frequency bands."

The only restriction that we have with the current regulations is that in 
the RTTY/Data subbands we cannot mix data and image emissions; and in the 
Phone/Image subbands we cannot mix data with Image and phone.  I think this 
is the biggest flaw in the current regulations and why I submitted my 
petition which is referenced in PR Docket 04-140 as the "Miller 
Petition".  It tries to remedy the flaw in the current regulations 
restricting mixing of data and image emissions.  When I use the term data, 
I am using it with reference to emissions designators.  It is interesting 
that you will not find a definition of data anywhere in Title 47 of the 
CFR.  You will find what emission designators define data, but now verbal 
definition.

73,

Mark N5RFX 



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