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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? And on Tue, 16 Sep 2003 22:09:22 -0700 (PDT), Phil Kane wrote: 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. FCC PR Docket No. 91-36 MO&O Released September 3, 1993. V. CONCLUSION [Emphasis added] 13. We hold that state and local laws that preclude the possession in vehicles or elsewhere of amateur radio service transceivers by amateur operators merely on the basis that the transceivers are capable of the RECEPTION of public safety, special emergency, or other radio service frequencies, the RECEPTION of which is not prohibited by federal law, are inconsistent with the federal objectives of facilitating and promoting the amateur radio service and, more fundamentally, with the federal interest in amateur operators' being able to transmit and receive on authorized amateur service frequencies. We therefore hold that such state and local laws are preempted by federal law. Footnotes 33. The rules, however, do prohibit amateur service transmissions outside of the allocated amateur service bands. 47 C.F.R. Sec. 97.307(b); Public Notice, Extended Coverage Transceivers in the Amateur Radio Service, mimeo no. 4114 (July 21, 1987)(noting that "[i]t is a violation of the Commission's regulations to . . . transmit on a frequency allocated to a licensed service without the appropriate Commission-issued station license."). The above proceedings are very clear that it covers only "out of band" reception and does not cover equipment that has "out of band" transmit capability. Not being a real lawyer, although you try to play one, you may not accept the fact that in FCC practice, situations which are not specifically mentioned for preemption are not preempted. Adminsitrative Practice 101. There has not been any challenge to this ruling, therefore it stands as effective law until overturned. Administrative Practice 102. -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel |
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