WSPR is a ground-breaking mode that, for the first time in amateur radio, allows objective assessments of signal paths and antenna performance, free of human bias.
As I have written previously, WSPR arrived on the scene only recently, and as such, has adopted 'standard' frequencies towards the lower, digital end of the bands, without any coordination or assigning of protection such as is required by continusously-operating beacon-type modes.
Whilst most operators are aware of beacon modes, many are not. A large number tune, hear a faint pure tone, assume it's just noise or something of no interest to them, and start operating some other mode, most commonly, RTTY. Because RTTY uses LSB, the emissions frequently appear within the beacon segments.
Of course, for the most part, there is no 'correct' or 'legal' allocation to any particular mode, unless it's specificially included in the licence terms. However, there is a wide, catch-all clause (section 7(3)) in the UK's Wireless and Telegraphy Act that prohibits interference, and in this legal context, 'interference' means just that - to interfere with other transmissions, whether on the amateur bands or otherwise.
During a recent incident where SSB was destroying WSPR modes on 5MHz, I politely contacted one of the operators, simply to advise he had stamped on on-going transmissions by WSPR stations.
The response wasn't favourable!
Whilst the person involved was of fairly advanced years, his aggressive defence, largely borne of feeling silly, I think, broke down into three basic parts:
(1) Ignorance of WSPR, and that he couldn't hear anything on the frequency.
(2) There was no breach of the licence or NoV terms, because the bandplan is voluntary.
(3) There was no other frequency available to use.
Let's take them in reverse order:
It is possible that (3) is true, but I did in fact listen across the band, and with S9+40 signals from the southern England station in question, it seems much more likely that other frequencies were, in fact, clear at the time.
(2) looks appealing, but without recourse to close legal argument, it's clear that simple protocol and the ability to use the ham frequencies effectively means that one operator should not 'stamp' (interfere) with an ongoing transmission. WSPR operates continuously, and so commencing a transmission when one or several are already underway would appear to be, or could certainly be argued to be, a breach of s7(3).
(1) Is simply a non-starter. Ignorance of a mode is perhaps understandable. But amateurs are granted licences on the basis, like all citizens, that they keep themselves abreast of new laws and regulations, and that they do not breach them by causing interference. So, ignorance of WSPR is no real defence.
If, as appeared to be the case after a couple of bun-type exchanges on e-mail, the operator still won't accept any error, then a question must be asked. Is he saying that I can just jump on a frequency, claim ignorance of SSB because I'm a CW or digimodes-only operator, and then start transmitting away over an ongoing QSO, without any legitimate cause for complaint from anyone? That, in fact, is precisely what he was trying to argue, ladled heavily with a value judgement on modes other than his own as being undetectable and of less worth.
It is true that WSPR, to the uninitiated, can be somewhat difficult, at times, to detect by ear alone. But mostly, WSPR signals are strong, and readily detected as some form of digital transmission. It is a new, but not that new a mode. It is clearly allocated to a narrow segment of the 60m band, as part of the beacon modes, although it is not legally a beacon mode in itself. That issue itself needs attention, because it's obvious that many, if not most operators transmit WSPR signals whilst unattended, and do so 24/7/365.
WSPR is a mode, because of its immense and universal utility, that needs a special allocation where it may not be interefered with by those who can't be bothered to listen, watch, or pay due respect to a crucially-important digital mode. I have argued this case to the RSGB and IARU, to no real avial thus far...
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