Thanks Andy.  Good read....finally.

The whole issue goes away with the removal of a couple of words and a
resubmit by the Author.   No one sees "SS" and unless it's checked
BY CHANCE, we can all run ROS contests and shut down RTTY for the 
weekends now, secure in the knowledge we are clean 'cause nowhere are
the words Spread Spectrum mentioned.

What?  Don't Ask, Don't Tell....??  Well, much of this country isn't very
transparent in its dealings, no reason why something mundane like Ham Radio
needs to be in this country either.  Not with some "Diplomats Without Portfolio"
expressing words of pity for the U.S. Ham.  We'll just apply a li'l White Out, 
adapt
and overcome and nobody would be the wiser.   

Howard W6IDS
Richmond, IN EM79NV
  ----- Original Message ----- 
  From: Andy obrien 
  To: [email protected] 
  Sent: Tuesday, February 23, 2010 5:48 PM
  Subject: Re: [digitalradio] Re: Consensus? Is ROS Legal in US?`




  The FCC has stated , today, that IF the author describes it as spread 
spectrum, the USA ham is responsible for determining the accuracy of this 
claim.  They also affirmed that SS is not legal below 220 Mhz.  The ARRL 
technical folks said today that , based on the description available, they 
believe it is SS and not legal in the USA below 220 Mhz.

  So the ARRL seems pretty clear.  The FCC leaves some wiggle room for the ham 
that feels confident enough to withstand a potential future challenge from the 
FCC.  Logic would dictate that if the FCC comes knocking, it world be hard to 
say it is NOT SS...if the author AND the FCC decide that it is.

  e,g.  If  I came out with a "new" mode that was just CW,  but claimed it was 
SS, the average ham would be able to easily prove my claim wrong IF the FCC 
ever tried to take action against someone for using it.  However, if a new mode 
appeared  technically close to SS, it would be hard to prove the FCC wrong.  If 
Jose re-wrote his description and dropped any reference to spread spectrum and 
frequency hopping, those USA hams using it would be safe unless the FCC decided 
for some odd reason to investigate the mode formally and make a ruling.  If 
Jose maintains his description, the mode is not likely to get any use in the 
USA.


  Andy K3UK


  On Tue, Feb 23, 2010 at 5:15 PM, wd4kpd <[email protected]> wrote:

    --- In [email protected], "ocypret" <n5...@...> wrote:
    >
    > So what's the consensus, is ROS legal in the US or not?
    >



    it seems to be whatever you want !

    david/wd4kpd


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