I have a packet digital radio transceiver that is completely compliant with both Part 15 (unlicensed radio devices) and Part 97 (amateur radio) regulations. I can send information in a way that complies with either or both sets of rules.
For any individual transmission, what determines which regulations apply? It operates on a frequency that is both ISM and amateur. Can I say "this transmission was under Part 15, so it's okay that it was encrypted, but this one that was sent a few milliseconds later was under Part 97, so it's okay that it was relayed to someone else by an automatic amateur radio digital message forwarder station that I operate"?
Would including my amateur call sign in a packet prove I intended it to be an amateur transmission? If I send an encrypted packet that would otherwise be a legal Part 15 transmission, but add my amateur call sign, does this make it an illegal Part 97 transmission?
