The bandplans are made by Hams, not the FCC and there are many of them.  
California has both low in/hi out and hi in/low out repeater pairs on UHF.  
Some states use 20 kHz on 146-148 with most using 15.  Same on 144.5-145.5.

Someone can have good engineering practice using what some band plans call 
simplex frequencies for a repeater.  Not using avialable frequencies that have 
little or no usage would not.

The respect for bandplans comes primarily for interfernce causing problems.

73, ron, n9ee/r



>From: Glenn Shaw <[EMAIL PROTECTED]>
>Date: 2007/10/14 Sun AM 09:07:31 CDT
>To: [email protected]
>Subject: RE: Re: [Bulk] RE: [Repeater-Builder] RAIN Report: D-STAR Repeater 
>Trustee,  K6B

>                  
>Sorry but band plans are very much supported by the FCC as being in
>conformance with Part 97.
>
>" Section 97.101(a) of the Amateur Radio Service rules refers to "good
>engineering and good amateur practice"--considered to refer to maintaining
>the highest standards of engineering and on-the-air comportment.
>
>According to FCC Special Counsel Riley Hollingsworth, good amateur practice
>means: Among other things "respecting band plans..." 
>
>This is not a mere gentlemans agreement as it were.
>
>-----Original Message-----
>From: [email protected]
>[mailto:[EMAIL PROTECTED] On Behalf Of Ron Wright
>Sent: Sunday, October 14, 2007 1:24 AM
>To: [email protected]
>Subject: Re: Re: [Bulk] RE: [Repeater-Builder] RAIN Report: D-STAR Repeater
>Trustee, K6B
>
>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] <mailto:nate%40natetech.com> >
>>Date: 2007/10/13 Sat PM 11:17:19 CDT
>>To: [email protected] 
>><mailto:Repeater-Builder%40yahoogroups.com>
>>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 
>><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] <mailto:nate%40natetech.com>
>>
>> 
>
>Ron Wright, N9EE
>727-376-6575
>MICRO COMPUTER CONCEPTS
>Owner 146.64 repeater Tampa Bay, FL
>No tone, all are welcome.
>
>No virus found in this incoming message.
>Checked by AVG.
>Version: 7.5.488 / Virus Database: 269.14.9/1069 - Release Date: 10/13/2007
>7:26 PM
>
>            


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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