Re: [somewhat OT] binary modules agaaaain

[Andrew McGregor]

--On Friday, 23 April 2004 8:29 a.m. -0400 "Richard B. Johnson" 
<root@xxxxxxxxxxxxxxxxxx> wrote:

> On Fri, 23 Apr 2004, Andrew McGregor wrote:
>
> > And it must, if only because there are laws that require some device
> > drivers to be binary only.
>
>
> WRONG.  I work in the industry. There are no such rule(s). In fact,
> it's quite the opposite. Anything that is FCC Type Accepted or
> Type Approved has, as a matter of law, its complete design
> information, to the extent required for FCC Type Acceptance,
> available for public inspection in the Public Reference Room.
> Therefore, it can't be hidden as something "proprietary".

I was aware of that much, but does that actually include the code of the 
drivers?

By the way, there are examples outside wireless as well, but they are very 
exotic.

> > I kid you not, take a look at the FCC software radio rules.  Some
> > wireless cards fall into their definition.
>
> The requirement that the devices "not be modified" has been interpreted
> by some to mean that software can't be supplied to the end-user. This
> is an interpretation and, in fact, an invalid one.

That is very good news.  I'll have to get an opinion myself, of course, but 
I think it is good to get this clarified in public.

> If a user were to modify the device, (presumably by changing the
> software) it is no longer Type Approved in the case of receivers,
> and, if a transmitter the modification must be done in accordance
> with "good standards of engineering practice" under the authority
> of a holder of a General Radiotelephone (or Radiotelegraph) License.
>
> The operation of a receiver that is not "Type Approved" is not
> unlawful unless it produces "harmful interference". Type Approval
> was necessary to SELL a device that generates radio frequency
> energy, not to use it.
>
> FYI Amateur Radio Operators make receivers and transmitters. They
> are not Type Approved. Holders of FCC Radiotelephone licenses are
> allowed to make or modify even 50,000 watt broadcast transmitters.

I was aware of the situation regarding license holders.

> Cheers,
> Dick Johnson

Thanks for pointing this out,

Andrew


---------
Andrew McGregor
Director, Scientific Advisor
IndraNet Technologies Ltd
http://www.indranet-technologies.com/
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