I have to agree with Trevor. Not only did the FCC "not" declare or rule ROS in 
any way, but the author NEVER asked for any clarification whatsoever. Also of 
note, once the author understood the difference in the way spread spectrum was 
being interpreted, he immediately changed the reference to it in ALL of his 
documentation.

AGAIN, the author NEVER approached anyone to seek ANY opinion about it. That 
was the result of someone else doing so of their own volition. 

The FCC did say they "viewed it as spread spectrum", not because of any 
technical inspection by them, but solely upon the documentation presented to 
them, and they qualified THAT by saying they assumed the author knew what he 
had written. 

There should be no further argument, and Andy asked that it stop, but it seems 
certain folks still have an axe to grind over it. Seems some want Jose to 
publish his "code". That is just plain wrong on so many levels. For someone to 
even ask that is beyond ludicrous in the first place. It is in effect 
penalizing the preacher and his sermon because the janitor asked a policeman if 
the grass was cut correctly. The two just do not belong in the same discussion.

Jose has clearly stated, and shown in the technical "specifications" this is 
NOT spread spectrum, no matter how some want to try to declare it so. Sorry 
Skip, but a spectral display does not necessarily show if a signal is spread 
spectrum or not. Jose shows that there are FEC bytes in the signal that are 
generated even if there is no signal present. He is still the author of the 
program and should know by now what the differences in spread spectrum and FSK 
are. I, for one believe that if this gentleman is intelligent enough to write 
this code, he is also savvy enough to recognize if it is spread spectrum or 
not. He has nothing to gain by falsifying it since the program and his efforts 
are free, just like many other programs out there for us hams to use and 
experiment with. 

I am having a great deal of difficulty understanding why this "The FCC has 
ruled" continues on. The FCC has NOT RULED on anything at all. PERIOD. An 
"AGENT" at the FCC answered a "request for opinion' from an individual with no 
standing in the case as yet, and was presented with unfinished documents. That 
is like asking a doctor to prescribe medications for a patient he has never 
seen or even heard of, but some friend of the patient heard a rumor that the 
patient might feel bad. How could the doctor prescribe from that?

I did not really want to get back into this but it seems certain erroneous 
parts of this discussion just will not die. If there is another agenda, please 
state it plainly for all to see. Else let's let the man try to work on his 
program rather than keep responding to these false innuendos created by folks 
with their own motives.

I have no axe to grind, no dog in this fight, no trees to burn, etc etc etc. 
But Trevor is right. The FCC did NOT rule on anything at all. It does not 
matter what WAS in Jose's original documentation. Just because his original 
documentation may have said spread spectrum did not make it so. Jose NEVER 
asked ANYONE, let alone the FCC for their opinion. If someone else fouled the 
water for him, then as was suggested earlier, I suggest that Jose file his own 
lawsuit if that seems to be what is needed. 

IMHO
John
KE5HAM 

--- In [email protected], "Trevor ." <m5...@...> wrote:
>
> --- On Fri, 26/2/10, DaveNF2G <d...@...> wrote:
> > File a federal lawsuit stating that the FCC's
> > "determination" that ROS is SS and therefore unlawful on HF
> > bands in the USA is arbitrary and capricious, based on the
> 
> My interpretation from over on this side of the Atlantic is that the FCC DID 
> NOT say ROS was unlawful on HF. In fact in the response at 
> http://groups.yahoo.com/group/digitalradio/message/34812 
> 
> they specifically do not state the Commissions View on ROS saying: 
> "The Commission does not determine if a particular mode "truly" represents 
> spread spectrum as it is defined in the rules."
> 
> The sentence: 
> "ROS" is viewed as "spread spectrum," and the creator of the system describes 
> it as that. 
> Is NOT giving the Commissions determination of the mode. They are simply 
> noting what is said in the original "Request for clarification", which was 
> basically some that Radio Amateurs view it as SS, hence the debate, and the 
> author of the mode did indeed describe it as such. 
> 
> The FCC simply say it is up to the Operator to make a decision as to whether 
> a mode is in breach of regulations. 
> 
> It is worth remembering that US Amateurs have been using CHIP64 on HF for 5 
> years, a long time. It is a Direct Sequence Spread Spectrum mode and 
> described as such on the ARRL website. I am not aware of the FCC having had a 
> problem with Amateur usage of that mode on HF. 
> 
> Out of curiosity what is the initial response of the FCC if an Amateur where 
> to breach one of the regs ? Is it to sent them a letter informing them of the 
> breach and asking them to desist ? 
> 
> Long term the solution looks like reform of the license regs but that may be 
> easier said than done. 
> 
> It's over 32 years since the FCC itself first proposed band planning by 
> bandwidth (their plan was for 350 Hz, 3.5 kHz, 7.5 kHz etc bandwidth 
> segments) and 5 years since the ARRL submitted a similar proposal. 
> 
> Perhaps a 3rd attempt at changing introducing bandwidth planning will be 
> successful ? I hope so. 
> 
> 73 Trevor M5AKA
>


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