Getting caught illegal...

So by citing CB radio, this judge rules that New York law doesn't affect either CBers or Hams from using our equipment while mobile? Just clarifying or attempting to here.

New York law doesn't surprise me- usually disconnect and hide my scanners since mobile scanners are illegal there- ham license or no. Don't know what the heck they are afraid of- if it's the people then one has to wonder why.

Mark
Aprs k7tkr-14

 

The cop issused the Ham a ticket for talking on a HT. Saying it and a cell phone are the same thing really should be released. Because he's way to stupid to do the job. And the DE lawmakers need to join him.

 

CB operators, MURS, and FRS are licensed only by rule (no application or fee required).
GMRS operators are licensed by rule, an application, a fee, and a paper license.
Amateurs are licensed by rule, an application, a test, a fee, and a paper license.
Commerical operators are licensed by rule, an application, a fee, and a paper license.
All have their own rules to follow.

Cellphones are not licensed. They are a common carrier utility and aside from the radio aspect of it, no different from a telephone or DSL/cable line. The provider has a license to operate a public subscriber system.

Scanners are not licensed.

Politicians who make up such laws are so ignorant and so lazy that they can't be bothered to have one of their minions do some research and report on the differences between licensed services and non-licensed services. Its easier for them to knee-jerk just stamp everything 'illegal', it's for -your protection-.. (vomit) Do it for the children! It makes the streets safe!

Telling a cop that the CB is a federally licensed service not subject to states' restrictions, only to those of the FCC, won't be productive. A cop does not want facts because he has the local yokel lawbook in hand. He might understand that the law is stupid or maybe even a federally-illegal law, but he only wants to get the Citizen's money and go on to harass the next Citizen. Harassing productive Citizens is much more profitable than enforcing laws against dangerous criminals, and the fascist law gives policemen a way to do their duty and help fill the coffers of the yokel government at a time where every business is hurting resulting in tax revenues that are below target. The Mayor's wife needs a new Volvo.

CBers have paid no license fee to the federal government, have not paid the mafia for protection from the police. CB administration is an expense.

This is not meant in a pessimistic or negative way.

 

There is not a license fee for ham. The VECs- the hams that do the actual testing may charge a nominal fee for their time but there is no fee for the actual license excepting a vanity call sign.

And I think you miss the point of all this. We are not discussing the legality of the service, we are discussing the actual use of hardware while in a mobile situation or, using a mike while driving. As you are aware, using a cell phone's handset while driving is illegal. The question is, does this pertain to radio equipment was well. Big_M here has come up with some interesting articles that show, at least in 2 states, that apparently it does.

Also, in passing, Verizon, Att and all the others are licenced to operate radio equipment of a certain type on a certain chunk of spectrum. Never heard of a "public subscriber" license issued by the FCC. There is a bureau within the FCC that that both monitors and regulates wireline and wireless carriers but the actual license is for equipment, emission, and spectrum usage. The rules and regulations governing this are 47 CFR part 22.

A comment on scanners. Correct, they are not licensed but they are controlled by the FCC. A scanner sold here in the US must and are required to meet a set of standards-mostly they may not be able to receive signals on certain blocks of spectrum ie the US cellular band. The states have the right to regulate when and where scanners are used- such as New York's and Indianna's laws on mobile scanner use.

One last note, you mentioned DSL and cable. These are also regulated by the FCC in some manner. Just about anything that throws of RF energy, you'll find the FCC involved in. Take the merger between Sirius and XM radio for example.

As a ham and monitoring enthusiast, I am always involved in something regulated by the FCC and it is amazing to me the reach they have.

Mark

 

I'd posted to answer it but now dumped it because none of this matters, it seems IL has changed their words as indicated. Beside, it's OT, was : getting caught illegal.

 

Couple of items of interest.

Cable-

FCC rules for cable 47 CFR part 76
Cable Communications act of 1984
Telecommunications Act of 1996

DSL-
FCC order 98-292

CB-

Absolutely correct regarding the rules you listed. You can operate your CB rig in accordance with those rules. However, the issue is whether or not physically operating a hand held mike while driving is the same as operating a hand held cell phone while driving which, two states apparently think is the case. The states have the right- the duty in fact to enact laws which protect public safety. The issue and discussion here is, do those laws make sense in regard to a microphone regardless the service it's attached transceiver operates in.

Personally speaking, I think it's crap. For handheld phone use as well. First because there are already laws on the books regarding negligent driving and two, because no one seems to care, even with the extreme penalties. And three, because mikes have been use for years and years and there is no evidence that they cause distracted driving when in use. And this is only an issue now that handheld phone use laws are on the books and some states think that sets a precedent.

Whew! A little long winded there.

Mark

Ps- the law does not grant a license to use a CB. There is no license required. That law grants the authority to use one in accordance with the rules. License and authority are not the same thing. My ham license gives me the authority to operate on ham bands but only those authorised under the class of my license. A driver's license grants one the authority to drive a vehicle but not a truck or motorcycle- got to have the license with the proper authority. In Arizona, the law grants me the authority to carry a gun- no license required.

 

There's at least one FCC document containing their reply that it was licensed by rule. It may have been a reply to a public comment. I can't find it right now.

 

Right in the rules it reads as authority. Personally I think that is FCC lingo for " we give up". The CB thing exploded back in the day and they lost all control of it. Same thing happened again with GMARS. Mostly because of these "bubble pack" radios put out by Uniden and Cobra.

Mark

 

I don't know. I have heard it both ways. And now there is talk of banning cell phone use completely when driving. My gut feeling is that you have a good point there however.

Mark