Thousands sign online petition asking FCC to shut down Mud Duck

Thank you for proving my point. Non-enforcement is effectively saying the law doesn't matter, we don't care.

 

Or it could say we don't have the resources to enforce it.

I mean would you say that speeding doesn't matter because so many get away with it and only a handful are actually caught? Of course not. Not every violator can be caught, that takes resources. But I can show numerous HUGE fines of people violating FCC rules. So while enforcement might be few and far between, it DOES exist.

 

The only problem is that the FCC doesn't have the power to allow any state or local (county) entity to enforce the regulations (not laws), only Congress can but won't. Counties can think they can do what they want but the courts have been very clear on the issue.

I was pulled over a while back for using a handheld device, I was handed a ticket with a $100 fine and 8 hours of community service punishment attached to it. I went to court and said the device in question was not a phone, it was an HT and I am a licensed amateur radio operator. I explained that under federal law, states can not ticket or fine me for using related ham equipment because states are forbidden to regulate federally licensed operators or equipment. Before they amended MCL 257.602b, they stepped on the fed's toes to the point that the FCC sent them a little reminder that they only regulate two-way radios and gave a lot of examples of what that meant. Now the amended MCL 257.602b has one flaw in it which I am ignoring, I have been using my cell phone as a remote for my radio setup at home, and I have a custom app for remote operation.

 

It does still happen, but with millions of illegals in the USA the Immigration Customs Enforcement service is a little short on numbers to really make that much of a difference. Hey is a Mud Duck a duck that lives in the mud or is it just a duck with mud on it? Or just an annoying Ham radio operator?

 

I remember when the "law" or policy or whatever came down. Everybody around here laughed at it and dismissed it. The discussion in our office lasted about 5 minutes and the topic was never thought of again. Law Enforcement has better things to do, especially these days.

 

The FCC won’t do anything about him. I don’t think they’re worried about CB at all. It’s really annoying to hear him on channel 19 talking about how great he and his radios are, putting down everyone else and saying “back to the bench.” Where’s this bench he has to get back to? In the back of that raggedy camper? Maybe if he spent more time at the “bench” and less time jamming channel 19 his customers would be able to get their radios in less than 2 years. Thankfully I never fell for his snake oil he’s selling. If his radios are so great, why don’t more people have them?
My truck has a CB in it (belongs to my slip seat) but I almost never use it mainly because I get tired of hearing “back to the bench” every few seconds. I even decided against a CB and put a GMRS radio in my personal truck so I don’t have to hear that nonsense.

 

Very good argument. You are absolutely right. They CANNOT ban you from using a 2 way radio in a vehicle. That law is protected by the feds. That's because it's operation is the movement or touching of a single button, the PTT button, so it qualifies. As a HAM operator, I am immune to the cell phone laws if I use my HAM radio, however, where it gets funky is if I'm using my phone with the HAM radio app "echolink" and transmitting using a single button on the phone. Then the phone becomes the 2 way radio. I'm not sure how cops would interpret that.

You'd most likely get the ticket, but if you had a knowledgeable judge or DA they would throw it out.

 

Yep, but here is the thing the cops don't interpret the law, they are there to enforce it.

They have to depend on the courts to decide of how to interpret the law and what it means.

The feds have said this several times can't regulate the use of two-way radios, there is a supremacy clause that gives the right to regulate two-way radio through the appended Communications Act of 1934, but before that it was open to who regulated what.