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It it's not switched off, then it must be switched on, and hence is "operating".
Shaggy, if I read this correctly, it appears to say, relating to your question about the DR800, that unless "the operator of the aircraft has determined [that it] will not cause interference with the navigation or communication system of the aircraft on which it is to be used." then you are probably committing a Federal crime in taking it onto the aircraft in the first place?
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