Thank you. Does the Vertex repeater actually have receive capability to monitor the output frequency and enact BCLO when there is a simplex user on said output frequency? Since "... why are repeaters given a pass stepping on users who might be simplex on the outputs?.." was your complaint, that would appear to be required to solve the issue. If it will, that is much easier than adding an auxiliary receiver and the associated changes to do so with other brands.
Wow, it just dawned on me that the duplexer would notch out the output frequency so it likely works as you were describing. I withdraw the assertion that repeaters now can listen on the output and inhibit transmission if there is signal on the output frequency.
However, that does not change the fact that, per the regulations, repeaters should not be interfering with simplex traffic anymore than simplex traffic, per the regulations, should be interfering with repeater traffic. Again, that is the way it is written. Technical shortcomings of the repeater equipment do not negate the way the regulations are written.
And THAT was my original point and not the abilities of repeater equipment; the regulations do not provide for a repeater to interfere with a simplex communication. There is not priority. as far as I am aware, in the language of Part 95.
In reality, exactly how it is now is fine with me regarding priority. I have no problem when a repeater interferes with my simplex traffic as there are enough alternative channels for me to use. On the flip-side, with the way the regulations are currently written, I do not support the complaint that these data bursts shouldn't be allowed the same latitude that repeaters are allowed with no written exception for those repeaters. I was preferring BCLO on those data bursts and would've supported that requirement and am glad to now see that it was already in the proposal. In short, I believe it to be hypocritical to condemn the proposal because of potential intrusion into other simplex traffic whilst repeaters are ignored doing the exact same thing with no exemption written for them in the regulations.