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Old May 12th 05, 03:34 PM
I AmnotGeorgeBush
 
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From: (Dave=A0Hall)
On Wed, 11 May 2005 11:06:41 -0400,
(I
AmnotGeorgeBush) wrote:
From:
(Dave=A0Hall)
On Tue, 10 May 2005 16:03:16 -0400,
(I
AmnotGeorgeBush) wrote:
(So you have been mistakenly telling us for years, yet, there is no
damper affecting those of us who play on it regularly for free or a few
paltry bucks..)

Illegally. Just as there are people who


trespass on private or otherwise posted land,


and never get caught either.


Physical trespass can carry a *criminal* charge..talking on the freeband
can not.

There are criminal provisions in the


communications act of 1934.


We are speaking of freebanders on the eleven meter band.

Who are radio pirates, operating unauthorized


radio transmitters. The provisions in the


communications act of 1934 do not


differentiate which bands unauthorized


transmitters can incur criminal penalties. If the


FCC chose to do so, freebanders can be


charged criminally. The fact that they have not
chosen to do any more than sporadic


citations, does not diminish the fact that they


could if they chose to.



Whoaaa.....you are invoking what does not take place, only what you
pontificate can take place. Reality is,,it doesn't take place. End of
story.

But the point is that nothing will happen if you


are never caught. But the fact that you are not


likely to get caught does not diminish the


illegality


No one ever said it did.

=A0=A0and societal irresponsibility of


engaging in the acts.

=A0
In order for you to claim such a "societal irresponsibility" exists,
there first must exist a "societal responsibility" somehwere other than
your mind regarding such (cb radio)....can you cite it?

Societal responsibility goes far beyond CB


radio. It goes hand in hand with morality,


consideration, and just plain old fashioned


good manners.



Try again.....in regards to cb radio, please cite this non-existent
"societal responsibility" concept that has you confounded.


The FCC rules do carry criminal as well as


civil penalties should they choose to apply


them, if the case warrants it.


Please cite these criminal penalties referring the freeband or simple
dx.

Please refer to the communications act of


1934 and related parts.



I went to the source. I see no criminal charges, merely civil charges.
Can you cite this exception of which you speak?

_
I would hedge zero times have you actually
confronted a real criminal or law breaker in the act and in person.

I certainly would if the opportunity presented


itself.


It presents itself daily to you in the form of speeders,,an act that can
cause physical damage or death when violated, which carry real criminal
pealties, unlike dxing or freebanding. When was the last time you
confronted one and how was it done?

If I were to confront one speeder, I'd have to


confront all of them,



A fallacy.

and I cannot do that.



There is a mitigating difference between "can't" and "won't". Even
so...keeping with your claim,,..how is it you confront all freebanders
and lawbreakers regarding cb and freebanding?

I have, on occasion, prevented speeding by


paralleling someone in the right lane holding


the legal speed limit.



A massive ticket here in Florida, AND in Pa from what I read. A perfect
example of you hypocritically breaking the law to commit an act of what
you mistakenly believe upholds another.

Besides, speeding is not a criminal offense,


it's a simple summary offense.



And the cb infractions are civil in nature, not criminal.

What it may or may not lead to is irrelevant,


and calls for speculation.



...except when you invoked the possibilities of cbers running huge power
interfering with emergency communications in a long ago conversation.
Speculation is acceptable only when invoked by yourself to suppport your
hypocrisy.

or on bands where public access is


set aside.


Or not. Don't forget many of the freqs that have been abandoned.

Abandoned does not mean "open".


Right,,,it means not being used.To use your analogy regarding physical
property,,,,if a lot or property is abandoned, and one tends the ground,
takes care of it, and pays the tax on it for x amount of years, the
often land becomes the property of the caretaker who has been taking
care of it and paying the taxes.

Squatters rights. And interesting angle.



And a valid one.

I wonder if someone has tried that tactic on


the FCC in regard to the freeband area of 11


meters. The principle is similar.



Only to your misguided education or beliefs or whatever is responsible
for you not grasping such a concept. It has not been tried with the FCC
because even the lowly cbers seem to comprehend the spectrum is 1) not
owned by the FCC and 2) not tangible property.

There are many abandoned buildings around.


But you are still not allowed to trespass there.


Yet, many people use these abandon buildings on a regular basis with
immunity. Bums,,,vagrants, crackheads,

.... Freebanders. I see the similarities.


You really have a low opinion of yourself, Dave.
I always said you had a serious ego and self-esteem problem. The mere
admittance that you held yourself in such company confirms such.
_
See above for examples of a form of citizen eminent domain.

Yes, and I'm waiting to see someone attempt


to use this reasoning to obtain the legal


authorization of the freeband



Only you could.
_
I'll
reiterate what you already found in google on many
occasion,,,,,education is the key.

Much like a public park.


Nothing like a public park, as breaking the law you speak of (trespass)
can result in criminal charges, unlike talking on the freeband.

Look at FCC regs again. There are certainly


criminal penalties associated with them.


There is,,,but not with simple dx or freebanding.
Again, the regs do not differentiate which


bands will carry those criminal penalties for


unauthorized use. Simple dx on the legal 40


channels is a nothing citation.


But couple it


with running on unauthorized freqs, and the


severity increases.




Your words: "What it may or may not lead to is irrelevant,


The only thing you have in your favor is that


the FCC is not motivated enough to do much


about it.


You have nothing in your favor. It's all blatant hypocrisy.

It's not that it's any less illegal, it's only that


they don't care enough.



Because it is rightly a non-issue to the majority, of which you clearly
do not belong, leading to the fact that you are a minority wishing to
dictate your beliefs to the masses. Doesn't work that way.