You would go to Jail.
Apr 29, 2010 05:11:58 PM, Repeater-Builder@yahoogroups.com wrote: So if I had a UHF Saber, and programmed it to a Police frequency for the purposes of TX EMERGENCY info only like 911, then its required to have authorization? What if I was involved in a wreck and my radio was the only thing in reach over my cell? John Hymes La Rue Communications 10 S. Aurora Street Stockton, CA 95202 http://tinyurl.com/2dtngmn ----- Original Message ----- From: kd6aaj To: Repeater-Builder@yahoogroups.com Sent: Thursday, April 29, 2010 9:58 AM Subject: [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers Strange, considering the GMRS can come with radios you buy, before you even have the license. I guess you have to be one of the BIG boys to sell radios preprogrammed with those freqs. and there is an EXCEPTION: Title 47: Telecommunication PART 90PRIVATE LAND MOBILE RADIO SERVICES Subpart NOperating Requirements § 90.427 Precautions against unauthorized operation. (a) Each transmitter shall be so installed and protected that it is not accessible to or capable of operation by persons other than those duly authorized by and under the control of the licensee. Provisions of this part authorizing certain unlicensed persons to operate stations, or authorizing unattended operation of stations in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of station licensees to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations and transmitter units in accordance with the terms of the licenses of those stations. (b) Except for frequencies used in accordance with §90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized. and: § 90.417 Interstation communication. top (a) Any station licensed under this part may communicate with any other station without restriction as to type, service, or licensee when the communications involved relate directly to the imminent safety-of-life or property. (b) Any station licensed under this part may communicate with any other station licensed under this part, with U.S. Government stations, and with foreign stations, in connection with mutual activities, provided that where the communication involves foreign stations prior approval of the Commission must be obtained, and such communication must be permitted by the government that authorizes the foreign station. Communications by Public Safety Pool eligibles with foreign stations will be approved only to be conducted in accordance with Article 5 of the Inter-American Radio Agreement, Washington, DC, 1949, the provisions of which are set forth in §90.20(b). [43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18933, Apr. 17, 1997] -------------------------------end of CFR regs--------------- So, what's to stop someone from saying they programmed a freq for emergency use only? Why else have the exception, unless you are expected to have an "unauthorized" frequency programed in your radio? So, the exception (90.417) clearly makes 90.427 un-enforceable UNLESS you can prove intent to operate on the "unauthorized" frequency for NON-emergency communications. The school was operating on the frequency, but they don't say what kind of communication was involved. --- In Repeater-Builder@yahoogroups.com, wd8chl wrote: > > In February, a large two-way radio dealer was issued a Notice Of > Violation (NOV) by the FCC for adding a frequency into radios that the > customer was not licensed for. The Notice stated that Section 90.427(b) > prohibits programming into a transmitter frequencies the licensee using > the transmitter is not authorized for. > > Make sure your customers are licensed for the frequencies you put in > radios you sell! > > Information from Mission Critical Magazine, May 2010. FCC enforcement > case NOV 201032900008. > --------------------- > Jim Barbour > Transcore >
