Analogy
Let's use an analogy here:
§97.311 SS emission types.
(a) SS emission transmissions by an amateur station are authorized only for communications between points within areas where the amateur service is regulated by the FCC and between an area where the amateur service is regulated by the FCC and an amateur station in another country that permits such communications. SS emission transmissions must not be used for the purpose of obscuring the meaning of any communication.
(b) A station transmitting SS emissions must not cause harmful interference to stations employing other authorized emissions, and must accept all interference caused by stations employing other authorized emissions.
(c) When deemed necessary by a District Director to assure compliance with this part, a station licensee must:
(1) Cease SS emission transmissions;
(2) Restrict SS emission transmissions to the extent instructed; and
(3) Maintain a record, convertible to the original information (voice, text, image, etc.) of all spread spectrum communications transmitted.
[64 FR 51471, Sept. 23, 1999, as amended at 76 FR 17569, Mar. 30, 2011]
Ok, enough Title 18 legalese:
There are two important points here:
1. The intent to obscure or obfuscate the meaning of a communications is the MENS REA that makes it prohibited.
2. Spread Spectrum communications does not even have a definition here for identity of the control and/or station license to be transmitted.
A pair of amateurs construct their own UHF SS transceivers. They operate in the 420 to 440 MHz band carefully avoiding the weak signal satellite segments. How would they ID?
1. Go to 446.000000 Mhz in FM and ID
2. Add a control plane signal that identifies their call sign
3. Don't ID at all?
What is the best answer?
2. Add an imbedded signal that identifies their call sign.
All stations are required to ID except for space operation telecommand and remote control vehicles.
So some method must be utilized for compliance with the rules.
Listening to an analog radio can you discern the call sign of any digital communications by ear? No you can't although you might be able to ascertain the protocol type by sound.
If the call sign is included in the digital stream, then that is an efficacious ID.
DStar IDs in the control plane repeatedly, so when you key the mike you are transmitting an ID.
Here are the points:
1. Are you attempting to obscure the meaning of your transmissions? If so it is prohibited, no matter how you spin it.
2. Communications in any language or protocol are OK if you DO NOT HAVE THE INTENT of obscuring the meaning of the communications.
3. You may ID by the methods listed in the rules and the call sign must be in ENGLISH (phone or CW) if it is telephony.
4. Languages other than ENGLISH are currently permissible for US amateurs, as long as the call sign is in ENGLISH or imbedded in the content and/or control plane in the case of a digital mode.
That OO needs remedial training.
Craig
