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 [email protected]

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Sent via [email protected]. AMSAT-NA makes this open forum available to all interested persons worldwide without requiring membership. Opinions expressed are solely those of the author, and do not reflect the official views of AMSAT-NA. Not an AMSAT-NA member? Join now to support the amateur satellite program! Subscription settings: http://www.amsat.org/mailman/listinfo/amsat-bb

A couple of things to keep in mind.

First, satellites are not governed by the rules of the Amateur Radio Service. (ARS) They are governed by the Amateur Satellite Service. (ASS) Really!

Second, FCC or Ofcom rules are irrelevant if the satellite is registered in another country. In that case, they are governed by their National Regulatory Agency, and any applicable international treaties.

In other words, while researching this, make very certain you are looking at relevant sources. This very issue came up 20-25 years ago, raised a loud ruckus, and was at the time perfectly legal.

73s,

Alan WA4SCA