ARLA/CLUSTER: FCC rejeita petição para "encriptação" de comunicações nas bandas de amador mesmo durante emergências

[João Costa > CT1FBF]

FCC dismisses 'Encryption' petition

The FCC has dismissed a Petition for Rulemaking (RM-11699) from a
Massachusetts ham, that sought to amend the Part 97 Amateur Service
rules to permit the encryption of certain amateur communications
during emergency operations or related training exercises.

The FCC put the petition filed by Don Rolph, AB1PH, of East Walpole on
public notice in June. Rolph requested an additional exception to
§97.113, which currently prohibits "messages encoded for the purpose
of obscuring their meaning," but the FCC said in a September 18 Order
that it's not persuaded his petition provides sufficient reasons to
support the change.

The September 18 Order can be found in PDF format on the web at,
http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0918/DA-13-1918A1.pdf.

"[W]e conclude that the record does not support Mr Rolph's assertion
that the prohibition on encrypted amateur communications is impairing
the ability of the Amateur Radio community to provide effective
support to public safety agencies during emergencies," the FCC said.

The FCC said it received more than 300 comments on Rolph's petition,
and those opposing the change outnumbered supporters two to one.

In his petition Rolph suggested excepting "intercommunications when
participating in emergency services operations or related training
exercises which may involve information covered by HIPAA, medical
privacy requirements, or other sensitive data, such as logistical
information concerning medical supplies, personnel movement, other
relief supplies or any other data designated by Federal authorities
managing relief or training efforts."

The ARRL had called on the FCC to deny Rolph's petition. "While Mr
Rolph has concisely stated his argument, it is ARRL's considered view
that there is no factual or legal basis for the assumption that
encryption of transmissions...is necessary in order to continue and
enhance the utility of Amateur Radio emergency and disaster relief
communications," the League said in its comments filed July 8 with the
FCC.

The ARRL also turned away Rolph's assertion that the current
prohibition in §97.113 "has impacted the relationship of Amateur
Radio volunteers and served agencies and significantly limited the
effectiveness of amateurs in supporting emergency communications."

In denying the petition, the FCC concluded, "Thus, while the proposal
could advance one purpose of the Amateur Radio Service - value to the
public as a voluntary noncommercial communication service,
particularly with respect to providing emergency communications - it
would undermine other characteristics and purposes of the service.
Therefore, we agree with the comments that say, in various ways, that
amending the rules to allow encryption to obscure the meaning of
messages transmitted during emergency services operations and related
training exercises would not improve or enhance the operation of
Amateur Service stations or otherwise be in the public interest."

In its comments in the proceeding, the ARRL also said that should it
become necessary in the future for radio amateurs to protect the
privacy of individuals whose medical data may be transmitted by
Amateur Radio during or after an emergency or disaster, "the
Commission may be asked to revisit this matter."

Source: ARRL