Sticking with the USA/FCC-centric discussion, I agree with Alan KM4BA, when he 
wrote:

"If the radio stays on a single frequency in SSB mode the new mode does not 
meet the definition of spread spectrum that is restricted in HF. Many advanced 
digital protocols manage the spectrum in the SSB bandwidth to achieve 
performance. But since the implied carrier frequency is not moving, it's not 
spread spectrum in the classic sense."

It does not matter what the ROS authors write to describe it.  It isn't illegal 
in the USA because they call it SS, all that matters is how a competent 
engineer would technically describe it.  FCC rules do not say it is illegal to 
use a mode that describes itself as SS on HF, they say that SS is not allowed 
on the HF bands. And saying ROS is SS doesn't make that true.

I also agree with Andy G4JNT's point that Amateurs should be allowed to 
experiment.  Historically in the USA, the FCC has indeed allowed 
experimentation, then come along with appropriate rules once the new technology 
is better understood.

I think all this legal discussion is trying to make, as they say, a mountain 
out of a molehill.  

   Jim - K6JM 

----- Original Message ----- 
  From: Alan Barrow 
  To: [email protected] 
  Sent: Saturday, February 20, 2010 7:03 AM
  Subject: Re: [digitalradio] Re: ROS, legal in USA?

  Andy wrote:
  >
  > I find it rather amazing that 99% of the posts on ROS, and any
  > other new data mode, are related to its legality in the US. How
  > did you end up with such restrictive amateur licensing practices
  > that experimentation with any new ideas is almost regulated away?
  > Or worries the users that they make be flung in prison for
  > transmitting them :-)
  >

  Unfortunately the same way some of my brit friends found themselves in
  catch 22 regarding bio-fuels.... was not illegal. But was not taxed, so
  could not be used without paying tax. But there was no agency to pay tax
  to. IE: Bureaucracy! Big fines, court appearances, no law broken, yet
  all tangled up.

  I'll just say the US is not the only country with agencies restricting
  things based on red-tape rather than any legit reason.

  Even the FCC can be worked with if you go to the trouble to find the
  entry point, I've seen it done before more than once. But that's harder
  than having arm-chair lawyers make their declaration "It's illegal". :-)

  My read: If the radio stays on a single frequency in SSB mode the new
  mode does not meet the definition of spread spectrum that is restricted
  in HF. Many advanced digital protocols manage the spectrum in the SSB
  bandwidth to achieve performance. But since the implied carrier
  frequency is not moving, it's not spread spectrum in the classic sense.

  You might be able to argue if it's legal for use in certain band
  segments, etc. You could talk about effective symbol rate, though many
  modes are working around that as well.

  Have fun,

  Alan
  km4ba

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