> So Ed - a hobbyist playing with a 150 watt "linyer" and a
> modified CB rig on 26.1
> MHz AM is perfectly acceptable to the D.O.C. up there?


No! Not at all!  Sorry you misinterpreted my meaning.

If an amateur is in possession of equipment capable of operating on 26.1
MHz, but NO intent is demonstrated to operate there, then it's legal.

If an unlicensed person is found in possession of gear suitable of operating
on 26.1, but it's NOT found in operable condition, (turned on, antenna and
mic connected), then it's legal.

If an unlicensed person is found in possession of gear suitable of operating
on 26.1, and it's found in operable condition, constituting a fully
operation transmitting installation, then it's illegal.

If the government pays a visit, and sees clear intention of "Freebanding"
without the benefit of any other interest in Ham radio (evidence of code &
theory class attendance, ham club membership, ham license manuals, etc),
then he's toast.  If there is any evidence of serious interest in Ham radio,
the Freebander is warned sternly, and encouraged to continue his Ham license
pursuit. The Inspector may even pay a follow-up visit.

The government considers "intent" the key factor as to whether a station is
illegal, or merely possessing various electronic equipment.

Ed

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