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#7
July 15th 03, 01:05 AM
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"Brian Kelly" wrote in message om... (K0HB) wrote in message . com... I was under the impression (apparently mistaken?) that a licensed amateur could possess any sort of equipment (commercial, homebrew, converted surplus) or whatever. I know of no rule against MODIFICATION of equipment, even if that modification permits operation outside the amateur bands. The rules properly speak to signal purity, staying inside the assigned bands, etc., etc., but do NOT seem to prohibit modifications of factory-built equipment. (In fact, I could probably make an argument that the FCC rules ENCOURAGE tinkering and experimentation of this sort!) However I note the FCC has required at least one licensed ham, Michael V. Swift, KG6QOB, to restore a rig to "original manufacturer's specifications". ("You are directed to have the transceiver returned to the original manufacturer's specifications by reinstalling the jumper wire which the cutting or removal of permits operation outside the amateur bands. The jumper wire must be repaired or installed, and encapsulated with epoxy or similar material to preclude future modification. After the repair is completed you are directed to bring the transceiver to this office so that the repair can be confirmed and related technical measurements can be made. You have until July 7, 2003 to respond to this inquiry and to provide the repaired transceiver for inspection.") While I understand the reason for the action (malicious interference and false distress signals on marine frequencies), it strikes me that this particular remedy is not supported by the law, and might set a precedent for de facto "type acceptance" in the Amateur Radio service. Riley cut the dweeb a break. Cops have that option. Riley could have really lowered the boom on the guy, the perp would have to be out of his gourd if he didn't jump on his soddering arn and epoxy, serve his "sentence" and walk. The whole thing however is goofy as hell and prolly sets some kinda record for plea bargains gone whacky. Maybe Riley needs a vacation. What say, ye lawyerly types? 73, de Hans, K0HB w3rv Remember also that according to the FCC rules, the FCC has the authority to modify the operator/station license in just about anyway they see fit. Making him return the radio to manufacturer's spec might fall under that authority. Dee D. Flint, N8UZE |
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