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.

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 ??

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.....

--
73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon