How does DCS comply with Part 95 "No Digital Data" on 467Mhz?

[Suburbazine]

So I noticed a flare up up people wanting to use digital data (the actually interfering kind) on GMRS locally, and the resulting backlash that it's illegal, etc. So I kind of dug into the Part 95 rules that specify that only certain handhelds on 462mhz are permitted to pass any form of digital data via simplex. So this leads to the big question, the elephant in the room per se...

How does Digitally Coded Squelch pass muster under these rules, especially on 467mhz? I cannot find an exemption for it. Any DCS privacy code is literally a continuous 130+ bits per second data stream the radio broadcasts on the lower 300hz, which is continuous for the transmission duration. If there isn't an exemption, why is it permitted? And if there IS an exemption hiding somewhere (probably in another part?), what's to stop someone from further signaling digital data via alternating DCS tones? Seems like a blind spot in Part 95.

[Hoppyjr]

So I noticed a flare up up people wanting to use digital data (the actually interfering kind) on GMRS locally, and the resulting backlash that it's illegal, etc. So I kind of dug into the Part 95 rules that specify that only certain handhelds on 462mhz are permitted to pass any form of digital data via simplex. So this leads to the big question, the elephant in the room per se...
How does Digitally Coded Squelch pass muster under these rules, especially on 467mhz? I cannot find an exemption for it. Any DCS privacy code is literally a continuous 130+ bits per second data stream the radio broadcasts on the lower 300hz, which is continuous for the transmission duration. If there isn't an exemption, why is it permitted? And if there IS an exemption hiding somewhere (probably in another part?), what's to stop someone from further signaling digital data via alternating DCS tones? Seems like a blind spot in Part 95.

It’s not “data” it’s an access tone. By data they mean like a modem would transmit back in the day. Two different things.

[nokones]

4 hours ago, Suburbazine said:

So I noticed a flare up up people wanting to use digital data (the actually interfering kind) on GMRS locally, and the resulting backlash that it's illegal, etc. So I kind of dug into the Part 95 rules that specify that only certain handhelds on 462mhz are permitted to pass any form of digital data via simplex. So this leads to the big question, the elephant in the room per se...

How does Digitally Coded Squelch pass muster under these rules, especially on 467mhz? I cannot find an exemption for it. If there isn't an exemption, why is it permitted?

DPL/DCS is not passing digital data (messages). DPL is a digital subaudio function/activation tone that the FCC says it is permitted/allowed, pursuant to Part 95.1777,  otherwise any radio that has that capability would never be Part 95, subpart E Type-Accepted/ Compliant.

[SteveShannon]

Also 95.377 specifically says tones or other signals:

§ 95.377 Tones and signals.

Personal Radio Service stations that transmit voice emissions may also transmit audible or subaudible tones or other signals for the purpose of selective calling and/or receiver squelch activation. These tones and signals are ancillary to voice communications and are considered to be included within the voice emission types, e.g., A3E, F3E, and G3E.

(a) Tones that are audible (having a frequency higher than 300 Hertz), must last no longer than 15 seconds at one time.

(b) Tones that are subaudible (having a frequency of 300 Hertz or less), may be transmitted continuously during a communication session.

 

[WRUE951]

Not only digital data but a growing trend of people using DMR on GMRS.. I've noticed the 4 Wheelers like to use digital down here in the desert..   GMRS has turned into a hotbed of 'lets do whatever we want'   

[Hoppyjr]

Also 95.377 specifically says tones or other signals:

§ 95.377 Tones and signals.

Personal Radio Service stations that transmit voice emissions may also transmit audible or subaudible tones or other signals for the purpose of selective calling and/or receiver squelch activation. These tones and signals are ancillary to voice communications and are considered to be included within the voice emission types, e.g., A3E, F3E, and G3E.
(a) Tones that are audible (having a frequency higher than 300 Hertz), must last no longer than 15 seconds at one time.
( Tones that are subaudible (having a frequency of 300 Hertz or less), may be transmitted continuously during a communication session.
 

This is the by product of government regulators who make rules for the sake of making rules. I’m sure they don’t have an issue with what we’re talking about.

Just another reason to cut government in pretty much every area.