Interesting. I'm an 'FCC licensed amateur radio operator'. Does that mean that I can still legally use the CB in DE?
No CB talking permitted
Discussion in 'CB Radio Forum' started by dougs5300, Sep 17, 2013.
Page 6 of 7
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I read the article regarding the idiot on CB. If you read carefully it says that he interfered with the 10 mtr band and that he was running illegal power.
What I stated was that the 11 mtr band (CB) was de-regulated meaning that there is no longer a license requirement or annual fee for such entitlement anymore.
Back in the hayday of Citizens Band in the 70's you needed a license and had to pay an annual dues to the governing bodies. You were not even allowed to buy a radio without a license, but stores like Radio Shack still sold radios to anyone who had cash. All of that nonsense is gone by the wayside and the FCC and Industry Canada no longer enforce rules in the CB portion of the 11mtr band as there are just too many people out there behaving badly and they do not have the manpower to police that band.
In small exceptions like the case quoted the individual was interfering with the Amateur Spectrum and YES... the FCC will follow this through with a vengeance. -
bigdogdriver said: ↑Gadfly said: ↑Taken to the next step by a good communications lawyer, it can be pointed out that CB, as well as Amateur Radio, are licensed and governed by FCC--NOT by the state, county or city! QUOTE]
Not to rain on your parade...your incorrect about the 11mtr band (CB) being regulated by the FCC.
The 11mtr band which includes the 40 regular channels and 20 below and 60 above, was de-regulated back in 1991 and no longer need a license or is monitored by the FCC in the U.S. and Canada.
I am a licensed Amateur Radio Operator and have been for over a quarter century. I drive long haul and talk on my radios all the time to make the long miles shorter.
In Canada the "Radio Amateurs of Canada" better known as "RAC" which is the governing body overseeing radio in the Dominion, was quick to act when this cellphone fiasco started a decade ago. Before the law was passed in Canada RAC made sure there was a paragraph in the law which excluded Ham Radio Operators with "FIXED" radios from the legislation making it legal for us to operate mobile. It's clearly presented:
13. (1) Drivers who hold a valid radio operator certificate issued under the Radiocommunication Act (Canada) may drive a motor vehicle on a highway while holding or using a two-way radio. O. Reg. 366/09, s. 13 (1), O. Reg. 253/12, s. 3 (1)..
In the U.S there is a similar entity called the ARRL (American Radio Relay League) which also had a good government affiliation. I cannot quote the exact law per say, but I know that a "FIXED MOBILE" which includes Cb as they are fixed in position, is exempt from the "Hands Free Law"
You can operate a CB without consequence.Click to expand...
The issue of "Hands Free" of course, applies to mobiles which states and locals have, in the past, attempted to stop totally with their OWN regulations and ordinances. They have been stopped by challenges to their local laws by individuals, by their own legal counsels, OR by Federal preemption. I believe, as said, in the US, under current law, CB radio, Amateur radio, and commercial two way radio cannot be 'regulated' locally without a change to Federal law. Historically, FCC has not permitted local preemption of their regulations. I don't believe states CAN do so now. It may take a challenge in Federal Court, but as is, they can't do it.
Respectfully,
GadflyClick to expand... -
bigdogdriver said: ↑I read the article regarding the idiot on CB. If you read carefully it says that he interfered with the 10 mtr band and that he was running illegal power.
What I stated was that the 11 mtr band (CB) was de-regulated meaning that there is no longer a license requirement or annual fee for such entitlement anymore.
Back in the hayday of Citizens Band in the 70's you needed a license and had to pay an annual dues to the governing bodies. You were not even allowed to buy a radio without a license, but stores like Radio Shack still sold radios to anyone who had cash. All of that nonsense is gone by the wayside and the FCC and Industry Canada no longer enforce rules in the CB portion of the 11mtr band as there are just too many people out there behaving badly and they do not have the manpower to police that band.
In small exceptions like the case quoted the individual was interfering with the Amateur Spectrum and YES... the FCC will follow this through with a vengeance.Click to expand...
You said:You were not even allowed to buy a radio without a license, but stores like Radio Shack still sold radios to anyone who had cash.
Having been a Radio Shack manager back in the mid '60 every new CB sold by Radio Shack included, in the box, a license application. Now maybe in Canada that was not the case. If I recall there was a short period a $5.00 was fee was required. In fact I was a license CB operator along with my Ham license. But was short lived for both a Ham as well as the CB.
Had you read the other examples the ARRL showed the FCC will take action. Also, the second address to the FCC site I listed showed what rules a person must follow to not run afoul with them.
I concede the FCC manpower does not allow a full force action, nor have they ever had such a manpower.
kc0iv
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Well I haven't read part 97 of the FCC act in a few decades but I'm sure the info is still in there to clarify this.
In Canada few years ago when we still had Radio Shacks (they're all gone now)they were illegally selling HTX202's and 404's to just anyone and we had a hayday here in our area with repeater intruders (unlicensed Hams). A bunch of us got together and wrote a petition to get Industry Canada to act on this and finally all stores got a letter from the feds telling them to not sell unless a proper Amateur radio License was exhibited before the purchase. -
Pilgrim007 said: ↑I neither agreed or disagreed, the facts are inattention is the leading cause of RTA's. It is easier to ban all devices, than to try and single out one device and one of its many usages.
The other top causes of RTA's are in order,
2. Speeding
3. Fatigue.
4. Not enough space between vehicles.
5. DUI, from Alcohol and or Drugs including marijuana.
So how many of you who think its a ridiculous ruling? Continue to Speed, Follow to close and are constantly tired? And no doubt some over .04 even the morning after??
Add to those texting, changing channels or adjusting the squelch or even dialing a phone number and the odds are against you.
Personally, I can understand a company initiating this rule if it reduces Insurance costs. I can also see in the not too distant future other companies doing the same.
PS; A Bluetooth affects hearing! Weren't you checked for hearing on your DOT physicals?Click to expand... -
Turbo-T;3544052 But to tell someone "[I said:you better not get tired or you're fired[/I]".....Click to expand...
Right in my state's drivers' handbook, it states one of the leading causes of accidents is fatigue. and in it it says to prevent accidents, turn the radio on and talk.
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