This will be interesting.......

Discussion in 'CB Radio Forum' started by Hardlyevr, May 16, 2013.

  1. Hardlyevr

    Hardlyevr Road Train Member

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  3. MsJamie

    MsJamie Road Train Member

    "Quiet hours" were not at all unusual in the pre-cable days. They were imposed when a station (usually Amateur) was causing TV interference to neighbors.

    Those restrictions were usually from like 7-11 PM.
     
  4. Turbo-T

    Turbo-T Road Train Member

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    Sounds like this was/is one of the many you hear on the superbowl aka ch. 6, bleeding over adjacent channels.
     
  5. Child of God

    Child of God Light Load Member

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    This is what happens when you let a monkey with a screw driver tune your setup! I know of a few guys who run the bowl with massive power and they don't bleed on anyone no matter how close they are. But that is because they set em up to be clean and they run quality stuff.
     
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  6. Hardlyevr

    Hardlyevr Road Train Member

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    If only more folks could figure out that they can get better performance from an accurate rifle, instead of the scattergun they are now using......
     
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  7. Gadfly

    Gadfly Medium Load Member

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    One of the problems here is simple ignorance that starts when uninformed persons first pick up a mike. Seems that very act embues the person with a false sense of "big and badness" caused by not only NOT knowing the rules, but how to operate the station. People misinterpret what they DO read (if they read anything at all), and turn it all around backwards. This guy may even believe he has "shown the FCC where to get off" because he is actually that ignorant, and he has also confused Constitutional laws regarding Search and Seizure. These things are TWO SEPERATE AND DISTINCT THINGS, and have nothing to do with each other. FCC CAN and WILL inspect any radio or TV station and anything that emits a signal. You cannot tell them to "take a hike" because I've got my Constitutional rights". Yes, you may refuse them entry into your house. But there's a catch. First of all, this is NOT a criminal search where they go thru all your things. They are there because they have reason to believe that your station is the source of interference to other communications (based on measurements and complaints from others). You have ALREADY agreed, under what is "Administrative Law" to ALLOW your station to be inspected simply by the act of transmitting. If people ACTUALLY READ the Part 95 rules, they would KNOW that. It is NOT the refusal to allow them to enter your house that generates the fine, but the refusal to permit inspection of your CB station, and, no, they do not have to obtain a warrant to inspect. So, if you refuse the inspection, you can be fined like this gentleman is. Your mistaken "constitutional 'rights'" then become CONSTI-PA-TION-AL.:biggrin_2559::biggrin_2559:

    Think you can ignore FCC? It sounds like this gentleman *may* get a lesson he'll never forget when/if the agents, accompanied by US Marshals break down his door and rattle a real SEARCH WARRANT in his face!:biggrin_2556:

    I'm not sympathetic to people who create interference to other legitimate stations, then think they are above the law ("ah've got mah rah'ts, ya know!") So do those OTHER stations!
     
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  8. Eaton18

    Eaton18 Road Train Member

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    Gadfly, I agree that the FCC is not held to the constitution. It's a regulatory agency. This is how the big bad government back-doors our constitution, and bill of rights. If they can not control something or someone directly, then they make regulations, appoint a group to oversee or enforce these regulations. The only way to keep them out, is to not use anything that they regulate, which is getting extremely difficult nowadays, since we keep showing more and more we can not govern ourselves.

    I think that any branch, affiliate, arm of the government should never, ever be allowed into our castles, ie; home without due process, ie; a warrant issued by a judge. The FCC not being required to obtain a warrant to enter someone's house is an example of government out of control. They should have never been granted this much power. Since they have been, then we all must bow down to the almighty communication gods if we desire to communicate by means other than smoke signals. Just think of it that way... Nice to have a government that can shut you up if you they choose to. If we had a tyrannical leader, that did not want the people to communicate with each other, what a better way to control them, hum......

    That said, they are there and have been for a long time. We the people were asleep and allowed them to be born, so now we must follow their rules, and must surrender one of the most cherished rights, the right to keep the government out of our houses. If we choose to use a communication device, then this right goes out the window. One of the main reasons why I will not set up a "station" in my house.
     
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  9. Gadfly

    Gadfly Medium Load Member

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    So, then, what you would want is a situation of chaos where ONLY those who are "big and bad", can flaunt the law to the detriment of everyone else, right? We want protection of somebody (in this case, government: police, fire, etc) if someone breaks the laws that say entering our homes a criminal offense, BUT if WE shirk responsibility and do things that are detrimental to others, OH! That's "different". If someone like this particular "gentleman" is creating interference to other stations, for whom those same laws work as well, how, pray tell, is "somebody" (in this case, FCC) going to stop such detrimental activities for those who have just as much a privilege to operate a radio station as the offending station? FCC is NOT an "out of control" agency, and, in fact, it takes a LOT to get them involved in activities of CBers. By the same token, it is this one basically miniminally regulated radio "service" that causes more problems than all the rest of them combined, save the pirate broadcasters, who feel that it is OK to "jam" other legitimate stations (and listeners) with unwanted(?) music or political diatribe 24/7. This deprives licensed broadcast stations of their privileges, too. We somehow want governance of activities of others, but the law shouldn't apply to ME! I'm different! I'm special! ;)

    As you said, the way to NOT have oversight of your CB activities is to not transmit, base OR mobile. OR follow carefully crafted rules and regulations that, generally, benefit ALL users. Every rule in CB radio (and all others) has a basis in physics and long-learned practice. The problems we encounter come from allowing untrained people with no background in communications to simply buy a radio, stick up an antenna, ignore the rules (never READ them), and start polluting the airwaves with harmful, unnecessary interference and useless communications that, really, have no point other than to cause problems for others. These are the "losers" in life, the ones who come to hobby communications with nothing to contribute to the world, and they feel they must "prove" something. The only way they can do that is to stomp on other stations. This "validates" their unfortunate birth, and makes them feel "big and bad" They "know" sooooooo much about radio, ya know! (sarcasm mode ON) ;): Ya gots to have all them "bird watts" to talk, and ya gots to have 18 feet of coax to put "f'ar in th' w'ar" er yer swr'zzzzzzzzzzzzzz will be too high! LOL! Meanwhile the REST of the folks who TAKE responsibility for their radio actions (actually in all they do because they are mature, considerate people), must put up with their ****! :(
    So what would you have us do? Do away with FCC? (Chaos) Forget about being able to hear music and news on broadcast FM? Would'ja shoot people like this guy who is ignoring the law, causing trouble for the rest of the operators? :) Send a mob to jerk down his antenna? Jerk his family out of his house and whup 'em? Lynch him? :) I'm being facetious, of course. But, seriously, with all this anti-government sentiment, why do you think the ability to enforce laws within reason is so BAD? There MUST be a certain amount of regulatory law for a society to function. IMHO, we DO have too many laws, but those concerning radio are quite reasonable, IMHO. Given the ability of a "bad" operator to "hide" his stuff if he knows the Feds are onto him, FCC must have inspection authority in order to keep the radio peace. Without it, they'd never be able to catch offenders.

    How would YOU do it? I've never heard of the FCC taking 'em out and whuppin' 'em! LOL!

    GF
     
  10. Eaton18

    Eaton18 Road Train Member

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    Where in my post do you see chaos? That's what you must think if we don't have big government, telling us everything we can and can not do. I'll just leave it at that. We do have to abide by the regulations, and since part of those regulations state we must allow the government into our homes, uninvited. Doing so is never, ever, ever, a good thing. You agree that we do not have a right to privacy in our homes then? Wrong, so far I still do.

    While the FCC hasn't dragged people out of their houses and whooped them yet, what if the FCC does get corrupt leadership, that would not oppose that happening? Would you still want them with that much power? I hope not.

    The main thing that I strongly object to, is they do not need to follow common legal process. The same process when someone commits a crime. They should have to petition a court, requesting a judge issue an order to search, ie; search warrant. The FCC being allowed to just barge in, if they chose to do so, could, just because you have and use a radio. If that's ok, then why not just allow the FBI, US Marshalls, or your local LEO to come in because you're not using the brand of food they decided you should use. Far fetched??? Think again. It just takes the legislative door to be first cracked a little, then it's nudged a little farther, and a little farther until it's wide open. We didn't object to the FCC being allowed to violate our right to privacy in our homes, so they can try and use that as precedence for other things.
     
  11. Gadfly

    Gadfly Medium Load Member

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    But they don't "barge in". This implies that they ignore your rights to privacy by simply demandind to be let in the house. This they do not do. They ask for permission to inspect your CB station. You CAN refuse to permit entry. That IS perfectly within Constitutional law. BUT, according to statutory law, you have agreed to permit inspection and submit to an inspection. Refusal to permit inspection can result in a fine....NOT for not allowing them to enter your house, but for the refusal of inspection itself. Also, the use of a radio is NOT a "right". Like driving, it is a PRIVILEGE. Unreasonable search and seizure is a "right". The radio is NOT. You don't HAVE to operate a radio (privilege) to be secure in your private home (right) In both statutory law (breaking regulations you have agreed to abide by to begin with by operating a CB station) and in civil/criminal law, there is reasonable suspicion that there is an unlawful activity taking place whether its a "meth lab" or a CB station creating harmful interference to other stations. There has to be a way to deal with it lest harm is done to the rest of society. FCC agents can obtain warrants if they believe the person is going to be difficult, and sometimes police or US Marshals will accompany the agents. But they don't have to. The thing is, and what people don't understand, chances are the fine would be much less if the suspect had simply allowed the agents to inspect. IOW, he might have simply gotten a warning or a small fine. But when you attempt to defy the agents, it ticks them off, and they *may* assess the max (usually $7500 for the first offense.

    I have dealt with FCC several times in routine matters, and was inspected once (at my request). They don't frighten me. They are not unreasonable ogres---unless you act like some sort of a bad-a * *. They've put down some real "bad ones" who puffed up and said, "Ah'll show them SOB's". They showed in court in ball and chain!:biggrin_25523:

    Really. All you need do is READ the rules and abide by them. If you want more than CB allows by statute, then the way to go is the Amateur ticket. It has rules, too, but there's more leeway and a lot more privileges there. And again, READ the rules that apply.

    FCC CAN inspect radio stations. Been doing it since 1934. We may not like the rules, but they sure beat what many other countries have!:biggrin_25519:

    GF
     
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