[amsat-bb] FCC Part 97 Regulations on transmission of music

Bruce kk5do at amsat.org
Sun Aug 21 19:37:08 UTC 2016


This is all a moot point as the BIRDS satellites are not built, owned, 
or operated by United States hams. No FCC regulation can govern their 
operation. Is this not similar to pirate radio stations that sit just 
outside the U.S. territorial waters and transmit their radio shows that 
can be heard stateside? They are only governed by ITU rules and not FCC 
rules.

Rules around the world are different and what is allowed in one country 
may not be allowed in another. That's just the way it is. The BIRDS can 
do whatever is legal in their country and if they really wanted to make 
it unavailable while over the United States to appease the FCC, they can 
put an on/off switch based on GPS coordinates and then we would miss out 
on the fun of receiving the satellite.

Could you just imagine if every builder of a satellite had to abide by 
the rules of every country in the world that their satellite will pass 
over or be in range to hear it? What a nightmare that would become.

73...bruce

On 8/21/2016 2:17 PM, Tony Stone wrote:
> I have edited out all non music related parts.
>
>
> Part 97 : Sec. 97.113 Prohibited transmissions
> (a) No amateur station shall transmit:
>
>
>
>
>
>
> (4) Music using a phone emission except as specifically provided
> elsewhere in this section; communications intended to facilitate
> a criminal act; messages encoded for the purpose of obscuring their
>   meaning, except as otherwise provided herein; obscene or indecent
> words or language; or false or deceptive messages, signals or
> identification.
>
>
>
>
> (c) No station shall retransmit programs or signals emanating from
> any type of radio station other than an amateur station, except
> propagation and weather forecast information intended for use by
> the general public and originated from United States Government
> stations, and communications, including incidental music,
> originating on United States Government frequencies between a
> manned spacecraft and its associated Earth stations. Prior approval
> for manned spacecraft communications retransmissions must be obtained
> from the National Aeronautics and Space Administration. Such
> retransmissions must be for the exclusive use of amateur radio
> operators. Propagation, weather forecasts, and manned spacecraft
> communications retransmissions may not be conducted on a regular
> basis, but only occasionally, as an incident of normal amateur
> radio communications.
>
>
>
>
> [58 FR 43072, Aug. 13, 1993; 58 FR 47219, Sept. 8, 1993, as amended
> at 71 FR 25982, May 3, 2006; 71 FR 66462, Nov. 15, 2006; 75 FR 46857,
> Aug. 4, 2010]
>
>
>
>
> Tony Stone
> w4tas at gte.net
>
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-- 

Bruce Paige, KK5DO
                      
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