New HA product development

[gwhite]

Joel Kolstad wrote:

"gwhite" <rank@crank.com> wrote in message news:42BA0C35.102355C9@crank.com...
Ah, well TRANSMITTING on the police bands is another issue. That
certainly is
illegal (for your friend).
I believe true maydays are never illegal on any band.

Yes, I meant "transmitting on the police bands in general." Sorry for the
confusion.

The point is that context itself can define criminality.

In general I agree with you, but I think that modifying a radio to transmit on
police bands -- and then using it to do so -- is a pretty cut and dry case of
breaking the law.

Outside of emergency, you're correct.

I thought I read that it was originally modified for the purpose of
RX'ing, not TX'ing. Depending upon the radio topology, simply modifying
to RX on another band might "bring TX along with it," even though that
was not the prime intent. That wouldn't satisfy the FCC's rules,
however, and they might confiscate if they know the radio exists.

Although I would say that, if the modification were
made on the spur of the moment (e.g., you're out in the middle of nowhere in a
cabin that happens to have a ham radio, you break your leg, and if somehow you
can't manage to bring up another ham , you instead modify the radio to
transmit out of band), the violation would likely be overlooked.

Well yes, except I would say again that it may not even be a "violation"
because of mayday context. Again, I dunno the details like a lawyer
specializing in these regulations would.

 

[keith]

On Thu, 23 Jun 2005 02:42:00 +0000, BruceR wrote:

Gentlemen, Please stop copying comp.home.automation on your
conversation. Thanks.

Why? Isn't fleen one of your ilk? Why don't you take him back and we'll
all be happy.

--
Keith

 

[Mac]

On Thu, 23 Jun 2005 01:11:18 +0000, gwhite wrote:

Joel Kolstad wrote:


Ah, well TRANSMITTING on the police bands is another issue. That
certainly is illegal (for your friend).

I believe true maydays are never illegal on any band. Note you do not
claim he was arrested for illegal operation. (I admit it has been over
25 years since I took the license exams.)

But note that the FCC confiscated the device specifically because it
was modified and therefore no longer type accepted...

As I wrote, seizure of a non-type accepted radio, that has been legally
used, is different than saying the particular mayday use itself was
illegal.

See, in particular:

§97.403 Safety of life and protection of property.
No provision of these rules prevents the use by an amateur station of
any means of radiocommunication at its disposal to provide essential
communication needs in connection with the immediate safety of human life
and immediate protection of property when normal communication systems are
not available.

Also:
§97.111 Authorized transmissions.
(a) An amateur station may transmit the following types of two-way
communications:
(1)[...]
(2) Transmissions necessary to exchange messages with a station in another
FCC-regulated service while providing emergency communications;

As I understand it, (and I am not a ham) in a real emergency, and when
there is no other alternative, a ham may use any power, any band, and any
modulation necessary.

--Mac

 

[Mike Monett]

Mac wrote:

On Thu, 23 Jun 2005 01:11:18 +0000, gwhite wrote:

Joel Kolstad wrote:


Ah, well TRANSMITTING on the police bands is another issue. That
certainly is illegal (for your friend).

I believe true maydays are never illegal on any band. Note you do not
claim he was arrested for illegal operation. (I admit it has been over
25 years since I took the license exams.)

But note that the FCC confiscated the device specifically because it
was modified and therefore no longer type accepted...

As I wrote, seizure of a non-type accepted radio, that has been legally
used, is different than saying the particular mayday use itself was
illegal.

See, in particular:

§97.403 Safety of life and protection of property.

No provision of these rules prevents the use by an amateur station of
any means of radiocommunication at its disposal to provide essential
communication needs in connection with the immediate safety of human life
and immediate protection of property when normal communication systems are
not available.

Also:
§97.111 Authorized transmissions.

(a) An amateur station may transmit the following types of two-way
communications:

(1)[...]

(2) Transmissions necessary to exchange messages with a station in another
FCC-regulated service while providing emergency communications;

As I understand it, (and I am not a ham) in a real emergency, and when
there is no other alternative, a ham may use any power, any band, and any
modulation necessary.

Mac

That's what kept him out of jail for transmitting on an emergency frequency.

But he is still lucky he wasn't prosecuted for the illegal modifications to the
transmitter.

Mike Monett