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Every time I check into a net, there is a short "tune" before the net to announce the net is starting on a repeater. Here is a recording:

http://kd0whb.duckdns.org/id/preamble.m4a

After hearing the preamble, I just made an ID using the variation of tones and occasionally air it on my repeater locally. Are there any legal issues with the following ID? I don't know if it is considered "music" or not, it is just a short sequence of sine wave tones.

http://kd0whb.duckdns.org/id/musicid.wav

marked as duplicate by natevw - AF7TB, Kevin Reid AG6YO Jun 28 at 14:48

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    My opinion is that is a musical melody. Some others may have a different one. – Mike Waters May 17 at 2:37
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    I think that it is a reasonable question to ask whether the FCC has taken any position or there are any generally accepted principles regarding the difference between "music" and "tones rather than speech used for communication over a phone mode". @Skyler440 I might suggest that you edit your question to be more like that instead of "Is this kind of music-like thing legal?" – Kevin Reid AG6YO May 17 at 13:51
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    (For cross-reference, we've also had the question ham.stackexchange.com/questions/2360/… but that one does not address the specific issue of things that are like music which is called out in the regulations.) – Kevin Reid AG6YO May 17 at 13:53
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    A Part 97 Fundamentalist would take exception to it. Whether it's "music" is one question (I can't define it, but I'll know it when I hear it.) It's also a one-way transmission that is not intended to begin or end communication or relay information to a general amateur radio audience. (Where I grew up, the locals would get mad if the music in the background from the car radio bled through the microphone audio while you were talking.) Although I'm not a Part 97 Fundamentalist, I wouldn't use it on the air, but I wouldn't report anyone who did. – Duston May 17 at 14:09
  • Create a custom multi-tone FSK demodulator that converts your tone sequence into data carrying some information about your station (callsign?). – hotpaw2 May 17 at 16:06

Here are the two search occurrences of "music" from the FCC amateur rules from http://www.arrl.org/part-97-text.

§97.113 Prohibited transmissions.

(4) Music using a phone emission except as specifically provided elsewhere in this section;

(c) No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, except propagation and weather forecast information intended for use by the general public and originated from United States Government stations, and communications, including incidental music, ...

[bold text mine]

Here is how Merriam-Webster defines music:

a : the science or art of ordering tones or sounds in succession, in combination, and in temporal relationships to produce a composition having unity and continuity

b : vocal, instrumental, or mechanical sounds having rhythm, melody, or harmony ...

I think those tones fit this definition, don't you?

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    A nice answer. It is also worth noting that if the owner / trustee of the repeater grows tired of the jingle, the person can legally be denied use of the repeater. The FCC has repeatedly re-enforced the ability of the owner / trustee to take this action. – Glenn W9IQ May 17 at 21:20
  • @GlennW9IQ this is my repeater which I am trustee and owner – Skyler 440 May 17 at 21:37
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    @Skyler440 That is fortunate for you but my comment is applicable to the question in general. Quite honestly, if I had to listen to that jingle (which is not an ID), I would put that repeater on memory skip. – Glenn W9IQ May 17 at 21:40
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    @Skyler440 sounds like you've already decided you'll have a musical ID, and are now seeking a way to validate that decision with some pretty far-fetched reasoning. – Phil Frost - W8II May 18 at 19:41
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    Yeah, if it were a short random collection of tones, then it could be considered just a preamble. The OP's recording on the other hand has a melody, which makes it music to me. – rclocher3 May 21 at 20:58

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