ROS on HF outside scope of US Amateur Radio license

An email from the ARRL Regulatory Information Manager indicates the use of the new data mode ROS on HF, 6m and 2m is not allowed by the US Amateur Radio license.

Although ROS only occupies a bandwidth of about 2.2 kHz it is technically a Spread Spectrum mode and the FCC only permits Spread Spectrum on frequencies above 222 MHz.
The mode is used on HF by Amateurs in countries around the world without any problems, the USA seems to be the only country where it is an issue.

In 2005 the ARRL tried unsuccessfully to get the FCC to adopt band planning by bandwidth instead of the current restrictive band planning by mode. It is to be hoped that the situation with ROS will clearly highlight the inadequacy of the current US license regulations and will lead to a renewed move to change them.

The email from the ARRL was posted on the Digital Radio Yahoo group and reads:

From: Henderson, Dan N1ND
Subject: RE: Spread Spectrum
Date: Tuesday, February 23, 2010, 7:13 AM

Hi

I ran this by our technical experts. They concur that ROS is a spread spectrum mode and as such is not allowed by the FCC on bands below 222 MHz. Remember that approved emissions vary from IARU Region at times as well as between countries. So while the IARU Band Plan for Region 2 would allow it, SS is not permitted on the HF bands by the FCC/

Thanks and 73

Dan Henderson, N1ND

Regulatory Information Manager
ARRL, the national association for Amateur Radio™

Amateur Radio data mode ROS proving popular
http://www.southgatearc.org/news/february2010/
ros_proving_popular.htm

2005 ARRL Petition For Rule Making
http://www.arrl.org/announce/regulatory/bandwidth/
Bandwidth-Minute-64-Petition-FINAL.pdf

Digital Radio Yahoo Group
http://groups.yahoo.com/group/digitalradio/