I thought the FCC rules say during an emergency with immediate threat to
life and property you may use any means at your disposal considering good
operating practices and as long as there are no FCC imposed communication
 restrictions you may use any frequency that you would be most likely to
elicit help.

Paraphrased of course!

On May 1, 2010, at 8:47 AM, Richard Fletcher <rickfle...@yahoo.com> wrote:



 J. C. and the rest.

 Yes I am going to say this because it seems to have been missed. When John
asked is there a "frequency monitored by law enforcement" And to JC who said
he "going to use any frequency that I have to get help" (Not to bright of a
statement there JC, from where do you get this grand sense of entitlement
anyway?) You guys do know that in the US there is still available "CB Radio"
Right? Chanel 9 used to be monitored prior to Cellular and  there on the 40
CB channels  you can "Legally" communicate to your hearts content. As well
as on the FRS devices. And with the flood of cell phones out there now, the
CB Band is very clear. Now I do have radio equipment capable of almost any
freq out there, but since I am not licensed on it I would not even concede
transmitting on it. Only exception where I did was when I was at a GE Radio
shop from 1980 to 1995 where I would call in to the PD and Fire Dispatcher
(And government bands) to confirm transmission. and all was done
professionally while in maintaining of that agency's radio equipment.
 I find it quite strange that any Ham (if you actually are one) would think
that just because you have a radio capable of transmitting anywhere would
think that he was entitled to do so. And no I am not a Ham, but I do listen!
I am license on GMRS, and most folks there are in some cases more
professional than that of some of the childish HAM conversations I have
heard (usually on simplex freqs)

 Now I bet this will get things stirred up now won't they?

Richard



 ------------------------------
*From:* J C <jcar...@k9nzf.com>
*To:* Repeater-Builder@yahoogroups.com
*Sent:* Sat, May 1, 2010 12:30:08 AM
*Subject:* [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers



If my life is in danger, I am going to use any frequency that I have to get
help. I don't care if it is a remote broadcast link frequency for a radio
station! But that's me.

--- In Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com>,
"La Rue Communications" <laruec...@. ..> wrote:
>
> I forgot to add something, kind of crucial to my point at the end back
there..... if my life was in jeopardy then. Is there a frequency that Law
Enforcement monitors for non emergency situations? For the public sector? Or
would it be any officer who knows how to build their own scanners? Let me
reclarify - if I was in an accident, and my radio was in reach over my cell
(i.e. my cell was in my pocket, or got knocked under the seat), and I had a
life threatening injury, what kind of response would that evoke?
>
> John Hymes
> La Rue Communications
> 10 S. Aurora Street
> Stockton, CA 95202
> http://tinyurl. com/2dtngmn <http://tinyurl.com/2dtngmn>
> ----- Original Message -----
> From: Maire-Radios
> To: Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com>
> Sent: Thursday, April 29, 2010 10:30 AM
> Subject: Re: [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers
>
>
>
>
> you should not even think of doing that.
>
>
> ----- Original Message -----
> From: La Rue Communications
> To: Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com>
> Sent: Thursday, April 29, 2010 1:10 PM
> Subject: Re: [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers
>
>
>
>
> 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 <http://tinyurl.com/2dtngmn>
> ----- Original Message -----
> From: kd6aaj
> To: Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.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 90-PRIVATE LAND MOBILE RADIO SERVICES
> Subpart N-Operating 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<Repeater-Builder%40yahoogroups.com>,
wd8chl <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
> >
>


 

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