Band plans have 2 requirements...FCC part 97 and gentlemens agreements.  The 
latter has no legal basis.

on 2 m repeaters can by FCC 97 use 144.5-145.5 and 146-148.  The gentlemens 
agreement may make some freqs simplex or for repeater operation, but still one 
can use for repeaters.  Simplex is use so little in many areas and 146.52 and 
maybe a few others in most areas might be used, but are perfectly legal for 
repeater use.

It looks as if the 146.400/147.435 would be acceptable by most and certainly by 
FCC 97.  If it works for the community it is in it is for the better.

73, ron, n9ee/r



>From: Nate Duehr <[EMAIL PROTECTED]>
>Date: 2007/10/13 Sat PM 11:17:19 CDT
>To: [email protected]
>Subject: Re: [Bulk] RE: [Repeater-Builder] RAIN Report: D-STAR Repeater 
>Trustee,  K6BIV, Responds to NFCC Letter to the FCC

>                  
>
>On Oct 13, 2007, at 8:27 PM, kk2ed wrote:
>
>> I'm not condoning such operations, but a Band Plan is just that - a
>> band plan. If the emitter is otherwise within regulations, a repeater
>> on simplex channels may be legal, provided it is under proper
>> control. It is similar to an uncoordinated repeater. Unless it is
>> causing willful interference, it is not illegal.
>>
>> Such practices may not be very popular among the local hams. Bad
>> practice, yes.  Illegal, no.
>
>Wrong. Review FCC Part 97.205(b).
>
>http://www.arrl.org/FandES/field/regulations/news/part97/c.html#205
>
>Repeaters have specific frequencies they are allowed to operate on,  
>and are one of the only types of Amateur Stations with an  
>"exclusionary" rule in Part 97 saying that they can only operate in  
>specific frequency allocations.
>
>If those "simplex" channels fall outside the frequencies in 97.205 
>(b), the owner is treading on unstable legal ground.
>
>I didn't look at the frequencies the two gentlemen were talking about  
>in their messages back and forth (since it looked like they were just  
>dragging their local mud into a public forum -- usually not worth  
>reading) but in most areas of the country, local bandplans place  
>"simplex" operation in an area of (whatever) band that is restricted  
>to not allowing repeater operation.
>
>I have no other comment on the thread, other than that... simplex  
>frequencies in a local bandplan are usually outside of the bounds of  
>where repeaters are allowed to operate by law.
>
>--
>Nate Duehr, WY0X
>[EMAIL PROTECTED]
>
>            


Ron Wright, N9EE
727-376-6575
MICRO COMPUTER CONCEPTS
Owner 146.64 repeater Tampa Bay, FL
No tone, all are welcome.


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