Purely hypothetical. Not even close to thinking of doing that. :-)
John Hymes
La Rue Communications
10 S. Aurora Street
Stockton, CA 95202
http://tinyurl.com/2dtngmn
----- Original Message -----
From: Maire-Radios
To: [email protected]
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: [email protected]
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
----- Original Message -----
From: kd6aaj
To: [email protected]
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 [email protected], wd8chl <wd8...@...> 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
>
