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Old January 15th 09, 11:11 PM posted to rec.radio.amateur.policy,rec.radio.cb,alt.radio.family,rec.radio.shortwave,misc.legal
radioguy radioguy is offline
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First recorded activity by RadioBanter: Nov 2008
Posts: 159
Default FCC Consumer Facts : Communicating During Emergencies -&-Emergency Alert System (EAS)

On Jan 15, 3:07 pm, RHF wrote:
On Jan 15, 12:31 am, radioguy wrote:





On Jan 11, 7:58 pm, Mike wrote:


On Sun, 11 Jan 2009 17:30:47 -0500, wrote:


Some of us hams use radios that are WIDE OPEN!
Try talking to FEMA with FRS.


Which is illegal as your hammy radios are not FCC type accepted for
operation outside of the hammy bands.


The EMS service in my area uses one of the frs-only channels


Both for dspatch and communications.


And the.police use one of the frs-only


For communicationm\ns involving following vehicles and reading the
license plate numbers of the vehicles over the air.


Is it illegal for me to possess my frs.gmrs radios since they are
capable of transmtting on frequencie used by the police and ems??


Is it illegal for me to transmit on those frs-only channels since
they're police and ems channels?????


The federal FCC rules say they are shared channels that anyone may
use.


However, there have already been people in other cities and other
states arrested for illegally transmitting over police channels when
those police
channels were on the frs channels.


It seems like federal law did not trump local and state law in those
cases despite what 99.99 percent of the hams on here have said.


And even when people can get out of it, it still costs them in court
costs and lawyers fees.


The kind of money that I do not have and would not be able to get out
of in such a case.


So yes you can be fined, found guilty and put in jail for legally
transmitting on your frs/gmrs radio even when you don't hear anyone
else transmitting
on that channel since you are illegally transmitting on a police
channel or ems channel by doing so (as far as local police, local
government and some states are concerned).


Even if it is one of the frs-only channels (eight through fourteen on
the radios I've seen).


I'm not sure if what I heard is my local town or one of the other
towns very close to me.


However, the police and ems are definitely using the frs-only channels
as a police channel and an ems channel. (two different channels, one
each that I have heard so far).


According to the FCC rules I've read, that is legal for them to use as
such since frs may be used by anyone including businesses or by anyone
period.


Bt once again, (concerning the arrests of people for transmitting on
frs-only channels) what happened to federal law always trumps local
and state law???


RadioGuy,
More Ham Radio This and Ham Radio That
- - - yada, Yada. YADA !

The-Bottom-Line : It is Clearly Illegal for 'you' to
knowingly Interfere with Official Public Service
Radio Operations on Any Frequency [.]
- - - Being an Amateur Radio Operator has it limits.

Plus - It is Clearly Illegal for you to knowingly
Interfere with {get-in-the-way-of} Official Public
Service Operations at Any Location [.]
- - - Being an Involved Citizen has it limits.

now go and enjoy your radios ~ RHF
-ps- please stay-out of the way of public
service employees doing their jobs.
.- Hide quoted text -

- Show quoted text -


I did not say it's legal to interfere with the police. It's not. I
even said the FCC rules say that we're not allowed to interfere with
the police.

However, I do not consider transmitting on a frs channel that no one
else is talking on at the time as "interfering with the police" even
if the police
say so because they think the shared frs channels are their own
private police channels.

What if I had never heard them on there in the first place, which
could have happened since I very rarely have my frs radios on.

I turn to frs channel 8, hear no one talking, so transmit to the other
person I'm talking to, and get arrested for "illegally transmitting on
a police channel".

I try to get out of it by truthfully saying I didn't know it's a
police channel.

They and the court then come back with "Ignorance of the law is no
excuse".

But wait, the federal FCC rules says the channels are for everyone as
long as no interference is caused.

However, even though the police were not talking at the time, but were
listening, they consider it as interference being caused to their own
private
family radio servvice police channel.

While I consider it as interference not happening since no
conversations were on the channel at the time I was listening and
transmitting.

Once again, what happened to federal law trumps all local and state
laws?

I'm no rich enough to fight it in court.

So you're basically saying that no one in the general public is
allowed to use the frs-only channels even though the fedeal FCC says
the can, since
a number of public safety agencies inclding the police and ems have
decided to use the frs-only channels as their own private publicv
safety channels.

EMS channel 8. Police channel 14. Etcetera.

This forces the general public to illegally use channels 1-7 and 15
throguh 22, since they can't use channels 7 through 14 without getting
arrested by
the police for illegally using police channels.

I wonder what John Wilkerson would say about that.

Of course, the public would also be fined and arrested by the FCC and
federal marshalls for illegally using channela 1 through 7 and 15
through 22.