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-   -   build-it-yourself cb illegal? (https://www.radiobanter.com/cb/132617-build-yourself-cb-illegal.html)

[email protected] April 16th 08 08:51 PM

build-it-yourself cb illegal?
 
From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.

So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?

I don't have that kit anymore though, or what was built with it.

The posts here had me thinking it was illegal to use.

Until I saw another post somewhere that made me realize it was
probably a part 15 device.

Which I think is completely legal to use on the 40 cb channels.

If not, then those kits weren't legal even though Radio Shack sold
them all over the country.

Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.

I highly doubt that they were full power though. I think they were
probably part 15.

But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.

Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.

Some of the older kits said on all 23 channels.

If only I still had mine, which I don't anymore.

So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.





..

an_old_friend April 16th 08 10:56 PM

build-it-yourself cb illegal?
 
On Apr 16, 3:51*pm, wrote:
From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.

So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?

I don't have that kit anymore though, or what was built with it.

The posts here had me thinking it was illegal to use.


the old kit built one are legal as i understand the matter grandfather


Until I saw another post somewhere that made me realize it was
probably a part 15 device.

Which I think is completely legal to use on the 40 cb channels.

If not, then those kits weren't legal even though Radio Shack sold
them all over the country.

Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.

I highly doubt that they were full power though. I think they were
probably part 15.

But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.

Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.

Some of the older kits said on all 23 channels.

If only I still had mine, which I don't anymore.

So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.

.

a number of the older unit are legal but you can't build a new one

[email protected] April 17th 08 12:12 AM

build-it-yourself cb illegal?
 
On Apr 16, 5:56*pm, an_old_friend wrote:
On Apr 16, 3:51*pm, wrote:

From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.


So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?


I don't have that kit anymore though, or what was built with it.


The posts here had me thinking it was illegal to use.


the old kit built one are legal as i understand the matter grandfather







Until I saw another post somewhere that made me realize it was
probably a part 15 device.


Which I think is completely legal to use on the 40 cb channels.


If not, then those kits weren't legal even though Radio Shack sold
them all over the country.


Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.


I highly doubt that they were full power though. I think they were
probably part 15.


But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.


Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.


Some of the older kits said on all 23 channels.


If only I still had mine, which I don't anymore.


So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.


.


a number of the older unit are legal but you can't build a new one- Hide quoted text -

- Show quoted text -


This is just theortical since I don't have the kit anymore anyways,
unless I come across one in a secondhand shop or something (highly
doubtful), but what if
I had an old kit from back then that was perfectly legal back then,
but never started putting it together until today.

Would it be legal to use or not?

Would it be grandfathered or not?

The radio built from it would only be being built recently.

Even though the kit and parts to build it are both from back then when
it was legal.

With the instructions to build it from that kit (included in the kit)
are also from back then.










an_old_friend April 17th 08 01:30 AM

build-it-yourself cb illegal?
 
On Apr 16, 7:12*pm, wrote:
On Apr 16, 5:56*pm, an_old_friend wrote:





On Apr 16, 3:51*pm, wrote:


From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.


So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?


I don't have that kit anymore though, or what was built with it.


The posts here had me thinking it was illegal to use.


the old kit built one are legal as i understand the matter grandfather


Until I saw another post somewhere that made me realize it was
probably a part 15 device.


Which I think is completely legal to use on the 40 cb channels.


If not, then those kits weren't legal even though Radio Shack sold
them all over the country.


Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.


I highly doubt that they were full power though. I think they were
probably part 15.


But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.


Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.


Some of the older kits said on all 23 channels.


If only I still had mine, which I don't anymore.


So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.


.


a number of the older unit are legal but you can't build a new one- Hide quoted text -


- Show quoted text -


This is just theortical since I don't have the kit anymore anyways,
unless I come across one in a secondhand shop or something (highly
doubtful), but what if
I had an old kit from back then that was perfectly legal back then,
but never started putting it together until today.

Would it be legal to use or not?


hmmm honestly I don't know

it is is in the range that I would say you could get away with it
since you could have refubished it recently likeanything

it might be technicaly a bit beyond the pale

Would it be grandfathered or not?

The radio built from it would only be being built recently.

Even though the kit and parts to build it are both from back then when
it was legal.

With the instructions to build it from that kit (included in the kit)
are also from back then.-


[email protected] April 17th 08 01:50 AM

build-it-yourself cb illegal?
 
On Apr 16, 8:30*pm, an_old_friend wrote:
On Apr 16, 7:12*pm, wrote:





On Apr 16, 5:56*pm, an_old_friend wrote:


On Apr 16, 3:51*pm, wrote:


From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.


So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?


I don't have that kit anymore though, or what was built with it.


The posts here had me thinking it was illegal to use.


the old kit built one are legal as i understand the matter grandfather


Until I saw another post somewhere that made me realize it was
probably a part 15 device.


Which I think is completely legal to use on the 40 cb channels.


If not, then those kits weren't legal even though Radio Shack sold
them all over the country.


Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.


I highly doubt that they were full power though. I think they were
probably part 15.


But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.


Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.


Some of the older kits said on all 23 channels.


If only I still had mine, which I don't anymore.


So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.


.


a number of the older unit are legal but you can't build a new one- Hide quoted text -


- Show quoted text -


This is just theortical since I don't have the kit anymore anyways,
unless I come across one in a secondhand shop or something (highly
doubtful), but what if
I had an old kit from back then that was perfectly legal back then,
but never started putting it together until today.


Would it be legal to use or not?


hmmm honestly I don't know

it is is in the range that I would say you could get away with it
since you could have refubished it recently likeanything

it might be technicaly a bit beyond the pale





Would it be grandfathered or not?


The radio built from it would only be being built recently.


Even though the kit and parts to build it are both from back then when
it was legal.


With the instructions to build it from that kit (included in the kit)
are also from back then.-- Hide quoted text -


- Show quoted text -- Hide quoted text -

- Show quoted text -



I think it would be legal since the kits were legal when sold.

Otherwise, it would be the government violating the ex-post-facto
provisions of the U.S. constitution, the whole reason grandfathering
radios and other things
came about in the first place.

It wasn't just willy-nilly deciding what does and doesn't get to be
grandfathered. Althoigh it seems like the FCC thinks it can today.

Grandfathering came about because it would be a violation of the laws
otherwwise.

The government wasn't legally allowed to not grandfather older radios.

Too many people today are forgetting how the laws came about. And the
reasons for them.















an_old_friend April 17th 08 03:13 AM

build-it-yourself cb illegal?
 
On Apr 16, 8:50*pm, wrote:
On Apr 16, 8:30*pm, an_old_friend wrote:





On Apr 16, 7:12*pm, wrote:


On Apr 16, 5:56*pm, an_old_friend wrote:


On Apr 16, 3:51*pm, wrote:


From the posts here and in the other radio newsgroups such as the ham
and frs groups, I seen posts saying it
was illegal to use a cb transmitter you built yourself.


So does this mean it's illegal to use my Radio Shack CB kit that was
sold in the 1970's and 1980's to
transmit on the cb channels?


I don't have that kit anymore though, or what was built with it.


The posts here had me thinking it was illegal to use.


the old kit built one are legal as i understand the matter grandfather


Until I saw another post somewhere that made me realize it was
probably a part 15 device.


Which I think is completely legal to use on the 40 cb channels.


If not, then those kits weren't legal even though Radio Shack sold
them all over the country.


Whether they were part 15 or full power, since they were completely
legal at the time they were sold, not
allowing them to be used on the legal 40 cb channels is a violation of
the ex-post-facto laws of the
U.S. Constitution, the supreme law of the land.


I highly doubt that they were full power though. I think they were
probably part 15.


But then again, some people say it's not part 15 either unless it's
been certified as part 15 by the FCC.


Either the way, the kits were sold as being legal to use on "all 40 cb
channels" in the U.S.


Some of the older kits said on all 23 channels.


If only I still had mine, which I don't anymore.


So basically some of these licensed users are saying that people who
built these cb kits in the 70's and 80's
and were using them aren't allowed to use them anymore (even though
they didn't build them today) even
though prohibiting such use is a violation of the law.


.


a number of the older unit are legal but you can't build a new one- Hide quoted text -


- Show quoted text -


This is just theortical since I don't have the kit anymore anyways,
unless I come across one in a secondhand shop or something (highly
doubtful), but what if
I had an old kit from back then that was perfectly legal back then,
but never started putting it together until today.


Would it be legal to use or not?


hmmm honestly I don't know


it is is in the range that I would say you could get away with it
since you could have refubished it recently likeanything


it might be technicaly a bit beyond the pale


Would it be grandfathered or not?


The radio built from it would only be being built recently.


Even though the kit and parts to build it are both from back then when
it was legal.


With the instructions to build it from that kit (included in the kit)
are also from back then.-- Hide quoted text -


- Show quoted text -- Hide quoted text -


- Show quoted text -


I think it would be legal since the kits were legal when sold.


was going to disagree with you but you catch it later

Otherwise, it would be the government violating the ex-post-facto
provisions of the U.S. constitution, the whole reason grandfathering
radios and other things
*came about in the first place.

It wasn't just willy-nilly deciding what does and doesn't get to be
grandfathered. *Althoigh it seems like the FCC thinks it can today.


you do put your nail on the rub

Grandfathering came about because it would be a violation of the laws
otherwwise.

The government wasn't legally allowed to not grandfather older radios.

Too many people today are forgetting how the laws came about. And the
reasons for them.- Hide

god again I would like to call you a lair for that remark but you aint
lying sad to say

james April 18th 08 12:47 PM

build-it-yourself cb illegal?
 
On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:

|Whether they were part 15 or full power, since they were completely
|legal at the time they were sold, not
|allowing them to be used on the legal 40 cb channels is a violation of
|the ex-post-facto laws of the
|U.S. Constitution, the supreme law of the land.
|
|----------------------

Boy did you flunk Civics 102.

The Supreme Law of the Land is the US Cde of Federal regulations. The
Constitution is there as a guideline for making laws and determining
whather laws violate or follow its intent. Then again intent is all
based on interpretation.

james

james April 18th 08 01:09 PM

build-it-yourself cb illegal?
 
On Wed, 16 Apr 2008 17:50:00 -0700 (PDT), wrote:

|On Apr 16, 8:30*pm, an_old_friend wrote:
| On Apr 16, 7:12*pm, wrote:
|
|
|
|
|
| On Apr 16, 5:56*pm, an_old_friend wrote:
|
| On Apr 16, 3:51*pm, wrote:
|
| From the posts here and in the other radio newsgroups such as the ham
| and frs groups, I seen posts saying it
| was illegal to use a cb transmitter you built yourself.
|
| So does this mean it's illegal to use my Radio Shack CB kit that was
| sold in the 1970's and 1980's to
| transmit on the cb channels?
|
| I don't have that kit anymore though, or what was built with it.
|
| The posts here had me thinking it was illegal to use.
|
| the old kit built one are legal as i understand the matter grandfather
|
| Until I saw another post somewhere that made me realize it was
| probably a part 15 device.
|
| Which I think is completely legal to use on the 40 cb channels.
|
| If not, then those kits weren't legal even though Radio Shack sold
| them all over the country.
|
| Whether they were part 15 or full power, since they were completely
| legal at the time they were sold, not
| allowing them to be used on the legal 40 cb channels is a violation of
| the ex-post-facto laws of the
| U.S. Constitution, the supreme law of the land.
|
| I highly doubt that they were full power though. I think they were
| probably part 15.
|
| But then again, some people say it's not part 15 either unless it's
| been certified as part 15 by the FCC.
|
| Either the way, the kits were sold as being legal to use on "all 40 cb
| channels" in the U.S.
|
| Some of the older kits said on all 23 channels.
|
| If only I still had mine, which I don't anymore.
|
| So basically some of these licensed users are saying that people who
| built these cb kits in the 70's and 80's
| and were using them aren't allowed to use them anymore (even though
| they didn't build them today) even
| though prohibiting such use is a violation of the law.
|
| .
|
| a number of the older unit are legal but you can't build a new one- Hide quoted text -
|
| - Show quoted text -
|
| This is just theortical since I don't have the kit anymore anyways,
| unless I come across one in a secondhand shop or something (highly
| doubtful), but what if
| I had an old kit from back then that was perfectly legal back then,
| but never started putting it together until today.
|
| Would it be legal to use or not?
|
| hmmm honestly I don't know
|
| it is is in the range that I would say you could get away with it
| since you could have refubished it recently likeanything
|
| it might be technicaly a bit beyond the pale
|
|
|
|
|
| Would it be grandfathered or not?
|
| The radio built from it would only be being built recently.
|
| Even though the kit and parts to build it are both from back then when
| it was legal.
|
| With the instructions to build it from that kit (included in the kit)
| are also from back then.-- Hide quoted text -
|
| - Show quoted text -- Hide quoted text -
|
| - Show quoted text -
|
|
|I think it would be legal since the kits were legal when sold.
|
|Otherwise, it would be the government violating the ex-post-facto
|provisions of the U.S. constitution, the whole reason grandfathering
|radios and other things
| came about in the first place.
|
|It wasn't just willy-nilly deciding what does and doesn't get to be
|grandfathered. Althoigh it seems like the FCC thinks it can today.
|
|Grandfathering came about because it would be a violation of the laws
|otherwwise.
|
|The government wasn't legally allowed to not grandfather older radios.
|
|Too many people today are forgetting how the laws came about. And the
|reasons for them.
|
|-----------------------


First off the Communications Act of 1934 empowers the FCC to regulate
and determine standards for all transmitters used by the general
public. So whether they grandfather one specific model or not is not a
violation of any Law or the Constitution. During WW2 the US Congress
suspended "ALL" none essential Communications traffic in the US. That
included amature radio. Only Public safety, and broadcast radio were
not affected. It took an act in 1947, if my memory serves me
correctly, to reinstate the amature radio service.

In 1976 the FCC changed the rules for Type Acceptance of CB radios.
Any radio that met type acceptance prior to that date was allowed to
be used but their sale was made illegal. As for your question, if it
was a type accepted kit prior to 1976 and unassembled and you obtained
in a sale on or before January of 1976 then it would be legal to build
and use. If you obtained the kit not through a sale it also would be
legal to build.

In reality, today if you were find one and build it and it met these
criteria:

1) caused no TVI to your neighbors
2) transmitted less the 5 watts output

then for most part the FCC probably wont bother you.

Those old radios are good for nostalgia purposes. Their receivers lack
today in comparision to even the cheapest of CB sets. I had an old
Radio Shack Knight Kit CB radio back in the early 70's. The main
complaint I had of it was selectivity.


james

an_old_friend April 18th 08 04:57 PM

build-it-yourself cb illegal?
 
On Apr 18, 7:47*am, james wrote:
On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:

|Whether they were part 15 or full power, since they were completely
|legal at the time they were sold, not
|allowing them to be used on the legal 40 cb channels is a violation of
|the ex-post-facto laws of the
|U.S. Constitution, the supreme law of the land.
|
|----------------------

Boy did you flunk Civics 102.

The Supreme Law of the Land is the US Cde of Federal regulations. The
Constitution is there as a guideline for making laws and determining
whather laws violate or follow its intent. Then again intent is all
based on interpretation.

james


not according to the constitution

[email protected] April 18th 08 05:28 PM

build-it-yourself cb illegal?
 

First off the Communications Act of 1934 empowers the FCC to regulate
and determine standards for all transmitters used by the general
public. So whether they grandfather one specific model or not is not a
violation of any Law or the Constitution. During WW2 the US Congress
suspended "ALL" none essential Communications traffic in the US. That
included amature radio. Only Public safety, and broadcast radio were
not affected. It took an act in 1947, if my memory serves me
correctly, to reinstate the amature radio service.


It's legal for them to do that during wartime, but not during
peacetime.

In 1976 the FCC changed the rules for Type Acceptance of CB radios.
Any radio that met type acceptance prior to that date was allowed to
be used but their sale was made illegal. As for your question, if it
was a type accepted kit prior to 1976 and unassembled and you obtained
in a sale on or before January of 1976 then it would be legal to build
and use. If you obtained the kit not through a sale it also would be
legal to build.



In reality, today if you were find one and build it and it met these
criteria:

1) caused no TVI to your neighbors
2) transmitted less the 5 watts output

then for most part the FCC probably wont bother you.


Although I doubt if there's any of those kits left, I do know that
there are some people who can only afford to shop in secondhand shops.

And might run across one today, although it's probably much more
likely they would find an actual full power 23 chanel cb.

Those old radios are good for nostalgia purposes. Their receivers lack
today in comparision to even the cheapest of CB sets. I had an old
Radio Shack Knight Kit CB radio back in the early 70's. The main
complaint I had of it was selectivity.

james


yes. Those kits did lack sensitivity. And aren't as good as real cb
radios today.

And they probably weren't as good as real cb radios back then, either.

The old broadcast AM radios have better sensitivity than today's
radios on the AM band.

Even the old AM/FM radios have better sensitivity on the AM band than
today's AM/FM radios.

Today's radios seem to have better sensitivity on the FM band than the
older AM/FM radios do.

At least, that's been my experience.

Back to CB, the last time I looked, which was recently (2007), one of
the Radio Shacks near here is selling a channel CB walkie-talkie.
Which uses crystals the
user is supposed to put in himself for the channels he wants to
operate on.

However, these crystals are easily switched around by any user to
transmit out of band. Just by switching the transmit and recieve
crystals around.

It is a FCC-approved radio.

However, the FCC rules also say it's not a FCC-approved radio.

Even though there is an FCC approved notice either on a sticker on the
radio or engraved into the radio itself, if I recall correctly.

I believe it's engraved.

Screwed up government at work once again.







At least, that's been my experience.

[email protected] April 18th 08 05:47 PM

build-it-yourself cb illegal?
 
On Apr 18, 7:47*am, james wrote:
On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:

|Whether they were part 15 or full power, since they were completely
|legal at the time they were sold, not
|allowing them to be used on the legal 40 cb channels is a violation of
|the ex-post-facto laws of the
|U.S. Constitution, the supreme law of the land.
|
|----------------------

Boy did you flunk Civics 102.

The Supreme Law of the Land is the US Cde of Federal regulations. The
Constitution is there as a guideline for making laws and determining
whather laws violate or follow its intent. Then again intent is all
based on interpretation.

james



No, the "everything in the U.S. cconstitution is only interpretation"
is promoted by extreme liberals who want to destroy the U.S.
Constitution for their own
purposes.


You probably fell for that line, as so many people today do.

When I was in school, decades ago, we were definitely taught that it
is the supreme law of the land and not interpretation.

Such as all the powers that the U.S. constitution does not list as
being given to the federal government is reserved to the states.

The first and second amendments, and the rest of them, are also law,
not interpretation.

Although the U.S. Supreme Court has the right to interpret the laws in
how they think what it means..

But even in that remark, it was called "laws", not interpretation.

However, the U.S. Supreme Court does not have the right to make laws,
only the right to interpret what laws are already there.

There IS a difference.










[email protected] April 18th 08 07:05 PM

build-it-yourself cb illegal?
 
In 1976 the FCC changed the rules for Type Acceptance of CB radios.
Any radio that met type acceptance prior to that date was allowed to
be used but their sale was made illegal.


yes, I remember the sale of 23 channels being made illegal.

However, I'm still not sure that it was even legal for the FCC to do
so.

Although they did so, anyways.

From what I learned in school, which was before that happened, it's
illegal for the FCC to do so.

Or the mandatory transition to digital tv (although it was a past
Congress who decided to do that instead of the FCC)

Or them busting the CB shops for selling 10 meter radios today they
bbought before the new FCC rules prohibiting selling them went into
effect.

You can still legally get scanners wih cell phone coverage, if you can
find one, as long as they were manufactured before a certain date.

So the salee of those are still legal. So why not the sale of 23
channel CBs?

I thought all analog tv had to be shut off next year, but last night,
I seen the tv station run a crawl explaining thatonly full power tv
stations have to switch, and
explained that low power tv stations and tv translators are both
allowed to continue broadcasting in analog after that date.

We don't have any LPTV we can pick up over the air here, so over the
air tv will effectively be gone from here, since indoor antennas,
stationary roof antennas,
roof antennas with rotors all didn't work to get clear digital tv
reception. Digital tv reception didn't even work through the cable tv
company even though they
have the best reception equipment and location allowed around here. It
still frequently breaks up into blocks with audio cutting out when it
does so.

Unwatchable.

And neighbors with a lot better lot more expensive equipment than we
can afford who also had digital tv capability couldn't get any
watchable digital tv reception,
even though there's several digital tv stations around here.

The analog versions of those same stations are completely fine around
here.

And other people than just me also noticed the analog cable tv
breaking up into blocks since the cable company picks up the cable tv
stations' digitally and
retransmits them as analog.

Once all the full power broadcast stations switch over to digital,
they'll be unwatchable even on analog cable tv from the digital signal
breaking up at the cable tv
companiy's reception point and retransmitting it over analog cable tv.

From what I learned in school, obviously before it ever happened, the
FCC's busting of the CB shops for selling today 10 meter radios they
bought before the
FCC changed the rules is completely illegal.

If it's legal, then ham radios have to be certified by the FCC to
legally be used on the ham bands.

And hams say ham radios don't have to be certified to be used on the
ham bands.

But if those hams are correct, then the 10 meter radios are perfectly
legal.

however, the FCC says they aren't legal

And if they are not legal,

then ham radios do have to be certified by the FCC before they're
allowed to be used on the ham bands.

Which makes almost every ham radio that exists today completely
illegal to use on the ham bands.

Beccause according to what the FCC has been doing recently, it doesn't
matter how old those radios are.

According to the FCC rules, old ham radios are illegal since they're
channelized radios which can easily be used on the cb band.







[email protected] April 18th 08 07:26 PM

build-it-yourself cb illegal?
 
On Apr 18, 2:05*pm, wrote:
In 1976 the FCC changed the rules for Type Acceptance of CB radios.
Any radio that met type acceptance prior to that date was allowed to
be used but their sale was made illegal.


yes, I remember the sale of 23 channels being made illegal.

However, I'm still not sure that it was even legal for the FCC to do
so.

Although they did so, anyways.

From what I learned in school, which was before that happened, it's
illegal for the FCC to do so.

Or the mandatory transition to digital tv (although it was a past
Congress who decided to do that instead of the FCC)

Or them busting the CB shops for selling 10 meter radios today they
bbought before the new FCC rules prohibiting selling them went into
effect.

You can still legally get scanners wih cell phone coverage, if you can
find one, as long as they were manufactured before a certain date.

So the salee of those are still legal. So why not the sale of 23
channel CBs?

I thought all analog tv had to be shut off next year, but last night,
I seen the tv station run a crawl explaining thatonly full power tv
stations have to switch, and
*explained that low power tv stations and tv translators are both
allowed to continue broadcasting in analog after that date.

We don't have any LPTV we can pick up over the air here, so over the
air tv will effectively be gone from here, since indoor antennas,
stationary roof antennas,
*roof antennas with rotors all didn't work to get clear digital tv
reception. *Digital tv reception didn't even work through the cable tv
company even though they
have the best reception equipment and location allowed around here. It
still frequently breaks up into blocks with audio cutting out when it
does so.

Unwatchable.

And neighbors with a lot better lot more expensive equipment than we
can afford who also had digital tv capability couldn't get any
watchable digital tv reception,
*even though there's several digital tv stations around here.

The analog versions of those same stations are completely fine around
here.

And other people than just me also noticed the analog cable tv
breaking up into blocks since the cable company picks up the cable tv
stations' digitally and
retransmits them as analog.

Once all the full power broadcast stations switch over to digital,
they'll be unwatchable even on analog cable tv from the digital signal
breaking up at the cable tv
companiy's reception point and retransmitting it over analog cable tv.

From what I learned in school, obviously before it ever happened, the
FCC's busting of the CB shops for selling today 10 meter radios they
bought before the
FCC changed the rules *is completely illegal.

If it's legal, then ham radios have to be certified by the FCC to
legally be used on the ham bands.

And hams say ham radios don't have to be certified to be used on the
ham bands.

But if those hams are correct, then the 10 meter radios are perfectly
legal.

however, the FCC says they aren't legal

And if they are not legal,

then ham radios do have to be certified by the FCC before they're
allowed to be used on the ham bands.

Which makes almost every ham radio that exists today completely
illegal to use on the ham bands.

Beccause according to what the FCC has been doing recently, it doesn't
matter how old those radios are.

According to the FCC rules, old ham radios are illegal since they're
channelized radios which can easily be used on the cb band.


From the way I learned it, which was ven before the FCC prohibited the
sale of 23 channel CB radios.

The FCC is allowed to prohibit the sale of 23 channel cb radios and 10
meter radios

But they're not allowed to prevent the sale of 23 channel cb radiosd
and 10 meter radios if those radios were bought before the new FCC
laws went into effect.

If the FCC says "no 10 meter radios allowed for sale after january 1,
2005"

they are not legally allowed to bust a shop for selling any 10 meter
radio after that date if the shop had bought all of their 10 meter
radios before that date.

Only if the shop continued to buy those radios after January 1, 2005

The above dates are only examples. I don't know what real date was
set, if any. I don't think any was in the case of 10 meter radios,
just in the case of 23 channel
cb radios).

But as I recall, the 23 channel CBs were gone from the shops by the
date the FCC said.

What a waste throwing all of those good CB radios out.

Off course, any company or store who tries to defend their legal
rights in such cases ends up paying a lot of money in legal fees which
they shouldn't have to
in that case since they weren't breaking any laws anyway.

The FCC claiming that it's breaking the law just goes to show that
either 1. The FCC doesn't know the law. o 2. The FCC is purposely
ignoring the law.

Since it's clearly a violation of the ex-post-facto provisions of the
U.S. Constitution.

No one can legally be found guilty today or tomorrow for a crime they
comitted yesterday or before that was not a crime yesterdasy or
before, at the time it was
comitted.

As I understand it from what I read, the FCC has been busting and
fining some places and people for mere "posession" of those radios
even if the people bought them before their new rules defining them as
"illegal" were made and went into effect.

I don't own one anyways.




their new rules defining them as illegal went into effect.


[email protected] April 18th 08 10:13 PM

build-it-yourself cb illegal?
 
On Apr 18, 11:57*am, an_old_friend wrote:
On Apr 18, 7:47*am, james wrote:





On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:


|Whether they were part 15 or full power, since they were completely
|legal at the time they were sold, not
|allowing them to be used on the legal 40 cb channels is a violation of
|the ex-post-facto laws of the
|U.S. Constitution, the supreme law of the land.
|
|----------------------


Boy did you flunk Civics 102.


The Supreme Law of the Land is the US Cde of Federal regulations. The
Constitution is there as a guideline for making laws and determining
whather laws violate or follow its intent. Then again intent is all
based on interpretation.


james


not according to the constitution- Hide quoted text -

- Show quoted text -


correct.

If the U.S. Constitution is only interpretation and not law, then the
things about ex-post-facto in it are not law either which means you as
U.S. citizens have no
guarantee that you won't be put in jail tomorow for something that is
a crime tomorrow but not a crime today when you commit it.

Nor even have the right to not be put in jail tomorrow for doing
somethinng today that is a crime tomorrow but not a crime today

This means that if the FCC decides in 2011 to give thee 27 mhzCB band
back to the ham operators and says that non-hams aren't allowed to
transmit anywhere
in what was the 27 mhz CB band, they can legally put you, a non-ham in
jail in 2012 for transmitting on CB channel 19 in 2008 even if you
never transmitted there after 2008.

Think that can't happen? As recently as last year (2007), I seen some
posts by some hams wanting and trying to get the FCC to give back the
27 mhz CB band
that the CBers "stole" from them.

And they would also be able to legally put you, a ham, in jail in 2008
for transmitting on the 11 meter band in 1955 with more power than is
allowed to be transmitted on the
11 meter band in 2008.

If the U.S. Constitution is law, which it is, and not interpretation,
then you as U.S. citizens are guaranteed that you can't legally be put
in jail or fined tomorrow for
doing today something that is a crime tomorrow but not a crime today
at the time you do it.


The U.S. Constitution is the supreme law of the U.S.
















[email protected] April 18th 08 10:32 PM

build-it-yourself cb illegal?
 
On Apr 18, 5:13*pm, wrote:
On Apr 18, 11:57*am, an_old_friend wrote:





On Apr 18, 7:47*am, james wrote:


On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:


|Whether they were part 15 or full power, since they were completely
|legal at the time they were sold, not
|allowing them to be used on the legal 40 cb channels is a violation of
|the ex-post-facto laws of the
|U.S. Constitution, the supreme law of the land.
|
|----------------------


Boy did you flunk Civics 102.


The Supreme Law of the Land is the US Cde of Federal regulations. The
Constitution is there as a guideline for making laws and determining
whather laws violate or follow its intent. Then again intent is all
based on interpretation.


james


not according to the constitution- Hide quoted text -


- Show quoted text -


correct.

If the U.S. Constitution is only interpretation and not law, then the
things about ex-post-facto in it are not law either which means you as
U.S. citizens have no
guarantee that you won't be put in jail tomorow for something that is
a crime tomorrow but not a crime today when you commit it.

Nor even have the right to not be put in jail tomorrow for doing
somethinng today that is a crime tomorrow but not a crime today

This means that if the FCC decides in 2011 to give thee 27 mhzCB band
back to the ham operators and says that non-hams aren't allowed to
transmit anywhere
in what was the 27 mhz CB band, they can legally put you, a non-ham in
jail in 2012 for transmitting on CB channel 19 *in 2008 even if you
never transmitted there after 2008.

Think that can't happen? As recently as last year (2007), I seen some
posts by some hams wanting and trying to get the FCC to give back the
27 mhz CB band
that the CBers "stole" from them.

And they would also be able to legally put you, a ham, in jail in 2008
for transmitting on the 11 meter band in 1955 with more power than is
allowed to be transmitted on the
11 meter band in 2008.

If the U.S. Constitution is law, which it is, and not interpretation,
then you as U.S. citizens are guaranteed that you can't legally be put
in jail or fined tomorrow for
doing today something that is a crime tomorrow but not a crime today
at the time you do it.

The U.S. Constitution is the supreme law of the U.S.

*.- Hide quoted text -

- Show quoted text -


Besides what was mentioned in this thread, this in my opinion also
explains why beer advertising is still allowed on tv after cigarette
advertising was no longer
allowed.



http://www.usconstitution.net/const.html

james April 20th 08 02:47 AM

build-it-yourself cb illegal?
 
On Fri, 18 Apr 2008 11:05:01 -0700 (PDT), wrote:

|yes, I remember the sale of 23 channels being made illegal.
|
|However, I'm still not sure that it was even legal for the FCC to do
|so.
|-------------------

Yes it was perfectly legal. The standards for type acceptance changed.
Therefore, the older units no longer met type acceptance.

james

james April 20th 08 02:53 AM

build-it-yourself cb illegal?
 
We are a nation of Statutes and Regulations that use the Constitution
as a guide for what can and cannot be written into those statutes. We
passed into Statutory Law a long time ago.

Break a law and they don't cite the Constitution. They cite Statutes.
It is for lawyers and judges to determine if statutues meet
Constitutional merit and thus legal.

Again, the Constitution is there to provide a means of whether
Statutes and Regualtions meet the intent of the COnstitution. The
Constitution perse is not Law but rather the Supreme guideline in
which Regulations and Statutes are deemed permissable.


james

On Fri, 18 Apr 2008 14:13:48 -0700 (PDT), wrote:

|On Apr 18, 11:57*am, an_old_friend wrote:
| On Apr 18, 7:47*am, james wrote:
|
|
|
|
|
| On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:
|
| |Whether they were part 15 or full power, since they were completely
| |legal at the time they were sold, not
| |allowing them to be used on the legal 40 cb channels is a violation of
| |the ex-post-facto laws of the
| |U.S. Constitution, the supreme law of the land.
| |
| |----------------------
|
| Boy did you flunk Civics 102.
|
| The Supreme Law of the Land is the US Cde of Federal regulations. The
| Constitution is there as a guideline for making laws and determining
| whather laws violate or follow its intent. Then again intent is all
| based on interpretation.
|
| james
|
| not according to the constitution- Hide quoted text -
|
| - Show quoted text -
|
|correct.
|
|If the U.S. Constitution is only interpretation and not law, then the
|things about ex-post-facto in it are not law either which means you as
|U.S. citizens have no
|guarantee that you won't be put in jail tomorow for something that is
|a crime tomorrow but not a crime today when you commit it.
|
|Nor even have the right to not be put in jail tomorrow for doing
|somethinng today that is a crime tomorrow but not a crime today
|
|This means that if the FCC decides in 2011 to give thee 27 mhzCB band
|back to the ham operators and says that non-hams aren't allowed to
|transmit anywhere
|in what was the 27 mhz CB band, they can legally put you, a non-ham in
|jail in 2012 for transmitting on CB channel 19 in 2008 even if you
|never transmitted there after 2008.
|
|Think that can't happen? As recently as last year (2007), I seen some
|posts by some hams wanting and trying to get the FCC to give back the
|27 mhz CB band
|that the CBers "stole" from them.
|
|And they would also be able to legally put you, a ham, in jail in 2008
|for transmitting on the 11 meter band in 1955 with more power than is
|allowed to be transmitted on the
|11 meter band in 2008.
|
|If the U.S. Constitution is law, which it is, and not interpretation,
|then you as U.S. citizens are guaranteed that you can't legally be put
|in jail or fined tomorrow for
|doing today something that is a crime tomorrow but not a crime today
|at the time you do it.
|
|
|The U.S. Constitution is the supreme law of the U.S.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| .


james April 20th 08 02:57 AM

build-it-yourself cb illegal?
 
On Fri, 18 Apr 2008 14:32:40 -0700 (PDT), wrote:

|On Apr 18, 5:13*pm, wrote:
| On Apr 18, 11:57*am, an_old_friend wrote:
|
|
|
|
|
| On Apr 18, 7:47*am, james wrote:
|
| On Wed, 16 Apr 2008 12:51:52 -0700 (PDT), wrote:
|
| |Whether they were part 15 or full power, since they were completely
| |legal at the time they were sold, not
| |allowing them to be used on the legal 40 cb channels is a violation of
| |the ex-post-facto laws of the
| |U.S. Constitution, the supreme law of the land.
| |
| |----------------------
|
| Boy did you flunk Civics 102.
|
| The Supreme Law of the Land is the US Cde of Federal regulations. The
| Constitution is there as a guideline for making laws and determining
| whather laws violate or follow its intent. Then again intent is all
| based on interpretation.
|
| james
|
| not according to the constitution- Hide quoted text -
|
| - Show quoted text -
|
| correct.
|
| If the U.S. Constitution is only interpretation and not law, then the
| things about ex-post-facto in it are not law either which means you as
| U.S. citizens have no
| guarantee that you won't be put in jail tomorow for something that is
| a crime tomorrow but not a crime today when you commit it.
|
| Nor even have the right to not be put in jail tomorrow for doing
| somethinng today that is a crime tomorrow but not a crime today
|
| This means that if the FCC decides in 2011 to give thee 27 mhzCB band
| back to the ham operators and says that non-hams aren't allowed to
| transmit anywhere
| in what was the 27 mhz CB band, they can legally put you, a non-ham in
| jail in 2012 for transmitting on CB channel 19 *in 2008 even if you
| never transmitted there after 2008.
|
| Think that can't happen? As recently as last year (2007), I seen some
| posts by some hams wanting and trying to get the FCC to give back the
| 27 mhz CB band
| that the CBers "stole" from them.
|
| And they would also be able to legally put you, a ham, in jail in 2008
| for transmitting on the 11 meter band in 1955 with more power than is
| allowed to be transmitted on the
| 11 meter band in 2008.
|
| If the U.S. Constitution is law, which it is, and not interpretation,
| then you as U.S. citizens are guaranteed that you can't legally be put
| in jail or fined tomorrow for
| doing today something that is a crime tomorrow but not a crime today
| at the time you do it.
|
| The U.S. Constitution is the supreme law of the U.S.
|
| *.- Hide quoted text -
|
| - Show quoted text -
|
|Besides what was mentioned in this thread, this in my opinion also
|explains why beer advertising is still allowed on tv after cigarette
|advertising was no longer
|allowed.
|
|
|
|
http://www.usconstitution.net/const.html
|---------------

Again you fail to see. The Constitution was setup in order to provide
guidelines on how teh government must be ran. The Bill of Rights, the
first ten amdendments are inalienable rights that Government can not
take away. Thus no government shall pass Statutes and Regulations that
remove the right spelled out in the Bill of Rights.


james

james April 20th 08 03:10 AM

build-it-yourself cb illegal?
 
On Fri, 18 Apr 2008 09:47:21 -0700 (PDT), wrote:

|There IS a difference.
|
|-----------------------

Yes in your mind and limited understanding there is more than likely a
difference.

james

Yo Mamma[_3_] April 20th 08 05:33 AM

build-it-yourself cb illegal?
 

"james" wrote in message
...
On Fri, 18 Apr 2008 14:32:40 -0700 (PDT), wrote:

|On Apr 18, 5:13 pm, wrote:
| On Apr 18, 11:57 am, an_old_friend wrote:
|
|
|
|
|
| On Apr 18, 7:47 am, james wrote:
|
| On Wed, 16 Apr 2008 12:51:52 -0700 (PDT),
wrote:
|
| |Whether they were part 15 or full power, since they were
completely
| |legal at the time they were sold, not
| |allowing them to be used on the legal 40 cb channels is a
violation of
| |the ex-post-facto laws of the
| |U.S. Constitution, the supreme law of the land.
| |
| |----------------------
|
| Boy did you flunk Civics 102.
|
| The Supreme Law of the Land is the US Cde of Federal regulations.
The
| Constitution is there as a guideline for making laws and
determining
| whather laws violate or follow its intent. Then again intent is all
| based on interpretation.
|
| james
|
| not according to the constitution- Hide quoted text -
|
| - Show quoted text -
|
| correct.
|
| If the U.S. Constitution is only interpretation and not law, then the
| things about ex-post-facto in it are not law either which means you as
| U.S. citizens have no
| guarantee that you won't be put in jail tomorow for something that is
| a crime tomorrow but not a crime today when you commit it.
|
| Nor even have the right to not be put in jail tomorrow for doing
| somethinng today that is a crime tomorrow but not a crime today
|
| This means that if the FCC decides in 2011 to give thee 27 mhzCB band
| back to the ham operators and says that non-hams aren't allowed to
| transmit anywhere
| in what was the 27 mhz CB band, they can legally put you, a non-ham in
| jail in 2012 for transmitting on CB channel 19 in 2008 even if you
| never transmitted there after 2008.
|
| Think that can't happen? As recently as last year (2007), I seen some
| posts by some hams wanting and trying to get the FCC to give back the
| 27 mhz CB band
| that the CBers "stole" from them.
|
| And they would also be able to legally put you, a ham, in jail in 2008
| for transmitting on the 11 meter band in 1955 with more power than is
| allowed to be transmitted on the
| 11 meter band in 2008.
|
| If the U.S. Constitution is law, which it is, and not interpretation,
| then you as U.S. citizens are guaranteed that you can't legally be put
| in jail or fined tomorrow for
| doing today something that is a crime tomorrow but not a crime today
| at the time you do it.
|
| The U.S. Constitution is the supreme law of the U.S.
|
| .- Hide quoted text -
|
| - Show quoted text -
|
|Besides what was mentioned in this thread, this in my opinion also
|explains why beer advertising is still allowed on tv after cigarette
|advertising was no longer
|allowed.
|
|
|
|
http://www.usconstitution.net/const.html
|---------------

Again you fail to see. The Constitution was setup in order to provide
guidelines on how teh government must be ran. The Bill of Rights, the
first ten amdendments are inalienable rights that Government can not
take away. Thus no government shall pass Statutes and Regulations that
remove the right spelled out in the Bill of Rights.


james


Dubya Bush did so with an executive order.

http://usgovinfo.about.com/od/rights...beuscorpus.htm


[email protected] April 21st 08 10:15 AM

build-it-yourself cb illegal?
 
I just came across a copy of the part 95 rules.

It is a FCC-approved CB radio that can operate on the "freeband"
without any modifications at all. Even the part 95 rules say it's not
a modification.

Finally!!! A FCC-approved CB radio that can legally operate on both
the 27 mhz CB band and the 10 meter ham band.

Since there won't be any modifications made to it,

I guess it might be time to go to Radio Shack.






Channel Cop April 21st 08 02:44 PM

build-it-yourself cb illegal?
 

wrote in message
...
I just came across a copy of the part 95 rules.

It is a FCC-approved CB radio that can operate on the "freeband"
without any modifications at all. Even the part 95 rules say it's not
a modification.

Finally!!! A FCC-approved CB radio that can legally operate on both
the 27 mhz CB band and the 10 meter ham band.

Since there won't be any modifications made to it,

I guess it might be time to go to Radio Shack.

10m - Providing you have a valid HAM License.




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