"that has a radio. Sad, but true. Maybe it's time the amateur community
try
to get Part 97 changed. I doubt anyone had this in mind when the original
regs were drafted."
Larry,
Wow, that's not an opinion I would ever provide to a client unless: (1) it's
squarely backed-up by on-point case law - which it likely is if rendered by
a competent attorney; and (2) I ensured that my professional liability
insurance policy was up-to-date. Even the most prominent legal counsel is
not 100% right.
Apart from that, one could otherwise make the legal argument in Part 97 that
"communication" is not only the message but the act of information transfer.
I specifically mention Part 97 because otherwise, the interpretation would
have far-reaching implications in other wireless services.
Back to my original post: It's definitely time for a PRM, and to add a clear
definition of "communication" in 97.3. Today, that definition does not
exist in Part 97.
Paul, W9AC
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