"Phil Kane" wrote in message
et...
On Tue, 16 Sep 2003 01:03:16 GMT, Keith wrote:

Of course, if the amateur op doesn't have his license with him, the
officer has reasonable cause to believe that the pre-emption does
not cover him even though it still does, and if the rig has been
modified so that it is capable of TRANSMITTING on the police
frequency, the pre-emption is not valid even if the operator is a
licensed amateur (per the FCC Public Notice on this matter many
years ago).

Please cite case law that supports your position that modified ham
radios
do not have the same exemption as all ham radios?

That was the deal that the League worked out with the FCC - if the
radio did not transmit "out of band" then the preemption covered.
The intent was to exclude VHF/UHF transceivers which have been
"opened up".

I'll dig out the Public Notice if I can find it. It was many years
ago.

I read that when it was initially out and have no recollection
of the "out-of-band" transmit aspect. The issue always was
focused on amteur rigs that could also recieve (i.e. listen to)
police broadcasts from an automobile.

If I add 5 MHz capability to a radio do I now lose all protection of
Federal laws?

Does your HF transceivertransmit on public safety VHF/UHF
frequencies? Does your VHF/UHF amateur transceiver transmit on 5
MHz ??

Today there are several HF/VHF rigs that can do so. IC-706
has 6m and 2m, several other HF rigs now cover HF plus 6, 2 and 440.
In all the cases of harrased hams (harassed by police) in states with
laws forbidding listening to police transmissions, the issue was
always listening to..not transmitting on, police frequencies.
Here in NJ we finally changed the old state law around 1994.

What about if I build a kit or use a land mobile radio in the ham bands?

If you have the installed capability of transmitting on a non-amateur
frequency and do not have a license for such operation, it is not
covered under the preemption and it's your job to talk yourself out of
the jam. You're on your own.....

I truly don't recall that to be the case at all...for kits and or
commercial ham transcievers modified to allow non-ham
frequencies (e.g. MARS) or modified to do so because
there is a NEW ham set of frequencies (e.g. 5MHz)
..
Cheers,
Bill K2UNK