N7CAL.COM

Running ESSB can be a challenge. Not only because of the technology but also due to the controversy surrounding it. In the 90's when ESSB, in its infancy, started to gain a toehold in the hobby there was little to garner enough attention to develope a controversy. The radios in use were of the standard variety and modifications had not yet developed to widen signals out much beyond standard bandwidths. As more and more operators turned their attention to ESSB, the on air R&D started to gain the attention of other operators on the bands and the spark was lit.

ESSB does have its detractors. And as ESSB operators did what any good ham does, innovate, modify and evolve, ESSB started to take the hit as the outlaw mode. Meaning that there were those who thought it illegal. In all actuality it was, and still is legal. And done right it can still fall within the auspice of "Good amateur practice".

A petition was filed with the FCC in an effort to limit bandwidth and the following is the language pulled directly from the denial of the petition:

FCC-DA-04-3661A1 Ruling on RM-10470

The FCC Rules on Occupied Bandwidth:

The following is an exerpt taken directly from the FCC ruling "FCC-DA-04-3661A1" regarding the ruling on "RM-10470" that was a petition filed by W4MDL (ex W0YR) and W6FDR who wanted a ruling made that would limit SSB bandwidth at 2.8kHz and AM at 5.4kHz. The FCC response was as follows:

I. BACKGROUND

9. We have carefully considered all comments filed, including comments filed in support of the Petition, and some alternative proposals. We conclude that Petitioners' request for an amendment of our rules is inconsistent with the Commission's objective of encouraging the experimental aspects of amateur radio service. The Petition also fails to demonstrate that a deviation from the Commission's longstanding practice of allowing operating flexibility within the amateur service community is either warranted or necessary. In this regard, we note that most operators use the amateur service spectrum in a manner consistent with the basic purpose of the amateur service. Further, we believe that our existing rules -- including the provisions that no amateur station transmission shall occupy more bandwidth than necessary for the information rate and emission type being transmitted, in accordance with good amateur practice, and that emissions outside the necessary bandwidth must not cause interference to operations on adjacent frequencies -- are adequate to address any noncompliant practices by amateur operators.

10. Regarding Petitioner's request that amateur stations transmitting emission type A3E not be authorized to occupy more than 5.6 KHz bandwidth on amateur frequencies below 28.8 MHz, we agree with commenters who note Petitioners have not demonstrated there to be a particular problem with stations that transmit AM emissions. Moreover, the Commission has previously declined to restrict bandwidth for AM because to do so would be inconsistent with the basic purpose of amateur service and our desire to offer amateur operators the opportunity to experiment with various types.

11. We continue to encourage amateur operators to act in good faith in the exercise of their operations as required by Section 97.101(d) of the Commission's rules,41 which provides that no amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal. The Commission's Enforcement Bureau will continue to monitor nonconforming activities of operators not abiding by the Commission rules through its complaint process. In instances of willful and malicious interference, the Enforcement Bureau will not hesitate to take appropriate action. In sum, we are not persuaded by Petitioner's claims that bandwidth restrictions are necessary, and, therefore, deny the Petition.

12. IT IS ORDERED that the Petition for Rulemaking, RM-10740, submitted by Michael D. Lonneke and Melvin J. Ladisky on May 27, 2003, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331.

FEDERAL COMMUNICATIONS COMMISSION

Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau