Actually, the FCC has upheld local bandplans, so it does have a legal basis.
Joe M. Ron Wright wrote: > > 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. > > > Yahoo! Groups Links > > >
