December 12, 2019

To Marlene H Dortch, secretary, FCC, 445 12th St SW, Washington DC 20554

National Instruments (NI) is an engineering company that builds hardware and software products to help engineers solve the world’s biggest engineering challenges. NI makes a software defined radio (SDR) product, the USRP, which is the de-facto hardware platform for wireless communications prototyping in both industry and academia. Many SDR users get their start in wireless communications in the hobby of amateur radio. This is a small but passionate community who believe in the openness of software solutions, approaches, and spectrum for the benefit of learning, experimentation, and sharing knowledge. NI and other US based engineering companies aim to hire the best and the brightest, and one way to start a passion for engineering in younger generations is through amateur radio.

NI is writing in this reply to specifically comment against the ARRL, ARSFI and RRI filings all dated Dec 2, 2019, and in favor of: (1) NYU’s petition for openness and in favor of NYU’s ex parte comments dated Dec 2, 2019, (2) in support of modem expert Nelson Sollenberger who showed in his Nov. 18, 2019 report that Pactor and Winlink data modes are not properly documented, and “nearly impossible“ to intercept for meaning. Sollenberger also shows that Pactor 4 is spread spectrum, and the potential beginning of much more wideband data aggression that the ARRL, ARSFI, and RRI are likely positioning  for, and (3) in support  of the Marcus Spectrum Solutions filing of Dec. 2, 2019 in favor of NYU’s petition where Marcus explains why there is an urgent need for the FCC to address the current problem with the Part 97 rules, the effectively encrypted data, and the well- documented improper bypassing of other radio email services today.

It is unfortunate to see that ARRL, ARSFI, and RRI are advocating for a lack of clarity in FCC rules (Section 97.113) which are vital for keeping the hobby open, accessible, and collaborative. We do not believe it is proper to use HF ham radio for private, closed email systems, ignoring the pleas from hams and experts dating back almost two decades. We believe the FCC part 97 rules were meant to clearly maintain a non-commercial, open, and transparent use of the valuable amateur radio spectrum. NYU, and many other technical experts explain this clearly in this proceeding, as well as in RM-11828, RM-11831, RM-11759, and RM-11708.

We believe that any government may choose to modify or adopt/execute different, or more stringent, language than the verbatim ITU treaty language- and we believe the FCC is fully aware of this this. ARRL’s view on this point is surprising.

Most countries of the world do not allow ACDS systems or obscured data such as that used by Winlink to be used in ham radio, due to 3rd party regulations and due to other government’s own interpretations of the ITU wording about “obscured transmissions” in ham radio. There has been at least one widely publicized 150-page example of massive rules violations provided to the FCC’s Enforcement Bureau - an action sent to Laura Smith at the FCC-  and many public filings to the FCC over the last two decades of interference and many other rule violations, as well as documented reports by technical experts that the data modes used by Winlink with dynamic compression and ARQ cannot be intercepted  over the air by others for meaning. We urge the FCC to adopt NYU’s declaratory petition for

rulemaking so as to clarify that openness and transparency must be maintained for all data modes present and future. We note that dynamic compression offers very little improvement in data throughput or efficiency over open, static compression methods used by the vast other data modes that can be intercepted for meaning by others.

ARRL, ARSFI and RRI seem to be lobbying the FCC for wideband, effectively encrypted email and file transfer modes, and we note that this posture in front of the Commission has persisted since the ARRL Ad-Hoc HF digital committee in 2003 that selected Winlink/ARSFI approaches rather than Amtor’s inventor and the PSK31 digipan inventor. NI believes that an open and transparent amateur radio service is important to continue to foster engineering passion with young engineers. We note that the widespread ham radio population in RM-11306 and more recently in RM-11708 and WT Docket No. 16-239, have spoken out against the use of effectively encrypted emails and file transfers that cannot be listened to for meaning over the air by others. The Commission needs to clarify that “intent” alone is toothless for keeping amateur radio bands open so all may be active in this community.

Thank you for considering this reply for comments. Again, we urge the commission to adopt NYUs petition for declaratory rulemaking and urge support for RM-11831. Please do not enact any of the other ARRL rulemaking petitions until this vital aspect of amateur radio is addressed.

Sincerely,

Sarah YostSenior Product Marketing Manager | Software Defined RadioNational Instruments