Specific legality issues have arisen over the NWSAMD's use in amateur radio. The September issue of QST, the American Radio Relay League's formal publication, ran a question-and-answer format in the Washington Mailbox column. One of the questions asked for the legality on the automated retransmission of NOAA/NWS emergency messages which are disseminated with both SAME and 1050hz encoding. Many people have built 1050hz decoder equipment to interface these messages to their repeater or other amateur transmitter. We are, as best we can tell, the first to make available a SAME decoder to make this process even easier and more reliable. But this column decided to specifically target the automated broadcasts of the watches and warnings. The author specifically stated that this was a form of third-party transmission and that automated third-party transmissions were illegal. I, Carl Morris, can not find in the rules governing our hobby, where this is specifically and concretely made illegal. Worse yet, read the letter below from Jerry Morris.
In MY opinion YES... and here's how I've based that opinion.
First some background on our board. This board decodes the Specific Area Message Encoding or SAME data that precedes the 1050 hz tone (known as the alert tone.) on WX watches and warnings. The board compares this incoming data to pre-selected settings made by the repeater owners or control operators. Only after the board has a match does it activate the repeater and transmit the message. The people doing the setting have full control over what messages if any get transmitted in the following ways:
selection of the origination code (i.e. the agency that originated the message.) all EAS codes supported.
selection of the event code (the type of event like tornado warning, flood watch etc. ) here again all known EAS codes supported
entry of the FIPS based location codes for the area the repeater owners want to cover. Part of Area conventions are implemented
NOTE: All settings are retained in nonvolatile memory.
Some of the decoders we know about don't say anything about origin codes and don't allow many options with the event codes.
This board also decodes the EOM (end of message) data and ends the transmission upon receipt. The board has its own programmable timeout timer in the event that the EOM is missed or the message runs longer than desired. The board has two logic level control lines and a RS-232 port that allows easy interface with existing repeater control methods. This more than satisfies the rules for control purposes
So far I have described the amount of control the owners have over message content and the automatic device.
Section 97.113 (e) states in context that NWS weather information on an occasional basis when incident to normal amateur communications is permitted. Through the use of the control described we can limit the number of transmissions on any one repeater to a fraction of the events issued on that WX transmitter. In that most area amateurs are involved in weather related functions and are providing a public service to the NWS it is now incident. The use of 1050 hz decoders does NOT limit the messages to just those incident to that one areas operation. When an event is encoded by the NWS it is an activation of the local EAS system and is therefore an emergency of some degree.
What about one way transmissions?
section 97.111 (b) {4},{6}
Subpart 4 permits one way communications to providing emergency communications. Some groups have SOPs that cause automatic activation upon issue of a watch or warning that covers their area
Subpart 6 permits one way communications necessary to disseminate information bulletins. WX watches and warnings have always been considered bulletins and that amateurs have long been one of the NWS's informational inputs. It makes sense that we should get these.
I should point out that at no time have I mentioned anything about public receipt of these messages. I don't believe that it will ever be a problem. When people can buy a table top model they would sooner do that then listen to all our normal traffic on our repeaters and if they choose the later they are just steps away from getting a license. On the thought of "the commercialization of the amateur bands" our board does NOT retransmit the encoded data making downstream decoding impossible. We make every possible effort to prevent valid data from being transmitted and still maintain message integrity.
I've saved the best for last. Section 97.403 states and I quote:
No provision of these rules prevents the use by an amateur station of any means of radio communications at its disposal to provide essential communications needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.
How much time in a day are you away from normal communications systems and the only thing you have is a handheld? In this case your cell-phone doesn't count because it won't ring and tell you of a tornado warning ... yet! Heaven knows storms have pop up out of nowhere or changed course. Using this automatic device on our amateur repeaters may save our own lives!
There has been a lot of talk on this subject lately! I've even heard someone say that some FCC Official has said that they will not comment on it and that the rules don't need any changes. I agree and feel that prudent use of this device will not cause violation. I have had the original version of this device on a repeater I am party to since early 1994 (yea before EAS ) and have heard no negative comments nor have I seen a pink slip. It has proved its worth to us many times and has helped impress local EM Officials on the state of art of our systems.
These are MY opinions. READ THE RULES! Draw your own conclusions.
Jerald E. Morris WB0RUS
EC Dodge County ARES
MORRIS SOFTRONICS
Hooper NE 68031-0048
Does that say enough? Probably not. Some National Weather Service offices have actually been extremely interested in this product's functions for amateur radio and other SKYWARN purposes. Further more this device is not limited to NWS's SAME protocol, but also successfully decodes Emergency Alert System (EAS), the system our federal government will use to alert us of all sorts of national and state emergencies, from nuclear power plant ruptures to national defense, the EAS works to disseminate messages in the same way the NWS has been only it will be through local broadcasters. Amateur radio operators are involved in a lot more than just weather spotting. Through ARES, we provide a lot of emergency communications services, as a hobby! Both the EAS and SAME systems could very well help amateurs in providing their services. Why should such attempts be outlawed?
Dated Wednesday, November 19, 1997. If you note errors, please send corrections to msftrncs@midlands.net.