[Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications
It would be a very interesting court case in this state (Illinois). Illinois is where Air rights were established 100 years ago -- above railroad right-of-way (that railroad could and did sell). It was the communication attorneys (and FCC) that used that landmark ruling -- to permit and enforce the encryption of TVRO satellite broadcasts in early 1980s -- after the late 1970s boom in C band dishes (big 10' dishes). The FCC has set themselves up due to their deregulation boom of 1980s (breakup of ATT 1984; bow to NAB pressure and creation of GROL/reduce engineering requirements for commercial broadcast stations; passing Citizens Band enforcement service to local law enforcement). ADD to this the Patriot Act, Homeland Security and other laws quickly passed during post-9/11 reaction -- and it would be a lively debate and court case. Current anti-federal government pushes by Tea Party and conservative groups refocus on 10th amendment -- almost guarantee a mixed decision (conflicts in existing laws -- which takes precedent and in what circumstances). Yes, FCC has authority -- BUT if it is a matter of public safety -- is that the exception? While the First Amendment upholds Freedom of Speech -- it does not uphold a person that yells Fire in a crowded theatre -- causing a panic and injury -- when there was no fire! w9gb
Re: [Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications
On Sun, 21 Feb 2010, Greg Beat wrote: While the First Amendment upholds Freedom of Speech -- it does not uphold a person that yells Fire in a crowded theatre -- causing a panic and injury -- when there was no fire! w9gb Lenny Bruce made a comment about this, something to the effect of It's not OK to yell FIRE! in a theater, unless you're on stage... I actually hope this gets made law, and the FCC strikes it down. Then again, one wonders what happened to the FCC from the heydays of roving field agents checking broadcasters on a regular basis to today, where one may get by with a violation for several weeks without realizing it. -- Kris Kirby, KE4AHR Disinformation Analyst
Re: [Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications
Sorry - replied to the wrong message. Joe M. MCH wrote: I should have realized that since I think there are base frequencies below the UHF coverage that work. Regardless, it's a problem with the calculation and won't work. Thanks for the correction. Joe M. Greg Beat wrote: It would be a very interesting court case in this state (Illinois). Illinois is where Air rights were established 100 years ago -- above railroad right-of-way (that railroad could and did sell). It was the communication attorneys (and FCC) that used that landmark ruling -- to permit and enforce the encryption of TVRO satellite broadcasts in early 1980s -- after the late 1970s boom in C band dishes (big 10' dishes). The FCC has set themselves up due to their deregulation boom of 1980s (breakup of ATT 1984; bow to NAB pressure and creation of GROL/reduce engineering requirements for commercial broadcast stations; passing Citizens Band enforcement service to local law enforcement). ADD to this the Patriot Act, Homeland Security and other laws quickly passed during post-9/11 reaction -- and it would be a lively debate and court case. Current anti-federal government pushes by Tea Party and conservative groups refocus on 10th amendment -- almost guarantee a mixed decision (conflicts in existing laws -- which takes precedent and in what circumstances). Yes, FCC has authority -- BUT if it is a matter of public safety -- is that the exception? While the First Amendment upholds Freedom of Speech -- it does not uphold a person that yells Fire in a crowded theatre -- causing a panic and injury -- when there was no fire! w9gb No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.733 / Virus Database: 271.1.1/2701 - Release Date: 02/21/10 02:34:00 Yahoo! Groups Links No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.733 / Virus Database: 271.1.1/2701 - Release Date: 02/21/10 02:34:00
[Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications
What seems to be getting overlooked by everyone including the Illinois legislature is that they have NO authority to pass any law governing how the airwaves are used. The communications act gives SOLE jurisdiction over the airwaves to the FCC, period. If they pass this law and then try to prosecute someone they could be in for a world of hurt from a federal lawsuit filed by the victim, a suit that the state could not possibly win. Just one man's thoughts. Dan N8DJP Re: Unlawful in Il to Rebroadcast Public Safety Communications Posted by: Walter H walter.howard...@gmail.com ka1jfy Date: Fri Feb 19, 2010 1:33 pm ((PST)) What /I/ can add, is that the FCC has said that if you want privacy for your communications, then encrypt them. Clear voice is available to anyone with the appropriate receiver. No, I can't find my source for this, I've read all the Daily Digests for the last 5+ years, and I believe it was in a letter ruling. BTW, if you go to the url listed, you'll see that it's still in committee. Not passed by the House nor Senate, nor signed by the Governor. WalterH
[Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications
What /I/ can add, is that the FCC has said that if you want privacy for your communications, then encrypt them. Clear voice is available to anyone with the appropriate receiver. No, I can't find my source for this, I've read all the Daily Digests for the last 5+ years, and I believe it was in a letter ruling. BTW, if you go to the url listed, you'll see that it's still in committee. Not passed by the House nor Senate, nor signed by the Governor. WalterH --- In Repeater-Builder@yahoogroups.com, Eric Lowell elowell9...@... wrote: Wow! I would have thought it illegal under Federal Law. What do I know Best Regardss, de W1EL  Eric Lowell Eastern Maine Electronics Inc. 48 Loon Road Wesley ME 04686 eme@... www.satnetmaine.com From: ka9qjg1 ka9...@... To: Repeater-Builder@yahoogroups.com Sent: Thu, February 18, 2010 9:27:44 PM Subject: [Repeater-Builder] Unlawful in Il to Rebroadcast Public Safety Communications  FYI It is now Against the Law in Il To Rebroadcast Public safety Communications including radio or Internet I know most of us in this Hobby are aware of all the Scanner Type Communications being linked d to the Internet. I always wondered about the legality of doing this especially living in one of the Few States that have an Anti Scanner Law against mobiles and Handhelds unless one is exempt. I always liked the idea of seeing something big on the News and finding a site from that area to listen to it Live . Well it looks like Il has put together a law against doing this I do not know about other states . Or how this is going to stop the On Line Scanner stations. Also as written unless I have permission it looks like I cannot rebroadcast the Amber Alerts which come out over My Emerg Weather Receive on My Repeaters I am sure others have this on the Repeters too This will be interesting to see if anyone is a actually charged with this Don KA9QJG Statutes Amended In Order of Appearance 20 ILCS 2615/11 new 20 ILCS 2615/12 new Synopsis As Introduced Amends the State Police Radio Act. Provides that a person receiving public safety voice or data communication transmitted via the facilities of the State's public safety radio system by wire or radio shall not, without the written authority of the originator of the communication, rebroadcast the communication via any means, including radio or Internet, or otherwise divulge or publish the existence, contents, substance, purport, effect, or meaning thereof. Provides that this provision does not apply to the public safety radio communication transmitted by any system station for the use of the general public, including Amber Alerts and other communications specifically intended for rebroadcast to the public. Provides that radio access to the public safety radio system within the State may only be accomplished upon receipt of written authorization granted by the appropriately licensed authority. Provides that a violation of these provisions is a Class A misdemeanor. Effective immediately. http://tinyurl. com/yf3on2y
OT RE: [Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications
It looks like it EXCLUDES Amber alerts because they are meant for public broadcast. Provides that this provision does not apply to the public safety radio communication transmitted by any system station for the use of the general public, including Amber Alerts and other communications specifically intended for rebroadcast to the public. But if you look closer at this line Provides that radio access to the public safety radio system within the State may only be accomplished upon receipt of written authorization granted by the appropriately licensed authority. This could prohibit anyone from using a scanner to receive their broadcasts unless you have permission. I would think federal public airwaves law would supersede this part though, but I am no expert or even close to one. Interesting ruling though FWIW, YMMV - Rob From: Repeater-Builder@yahoogroups.com [mailto:repeater-buil...@yahoogroups.com] On Behalf Of Walter H Sent: Friday, February 19, 2010 4:32 PM To: Repeater-Builder@yahoogroups.com Subject: [Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications What /I/ can add, is that the FCC has said that if you want privacy for your communications, then encrypt them. Clear voice is available to anyone with the appropriate receiver. No, I can't find my source for this, I've read all the Daily Digests for the last 5+ years, and I believe it was in a letter ruling. BTW, if you go to the url listed, you'll see that it's still in committee. Not passed by the House nor Senate, nor signed by the Governor. WalterH --- In Repeater-Builder@yahoogroups.com mailto:Repeater-Builder%40yahoogroups.com , Eric Lowell elowell9...@... wrote: Wow! I would have thought it illegal under Federal Law. What do I know Best Regardss, de W1EL  Eric Lowell Eastern Maine Electronics Inc. 48 Loon Road Wesley ME 04686 eme@... www.satnetmaine.com From: ka9qjg1 ka9...@... To: Repeater-Builder@yahoogroups.com mailto:Repeater-Builder%40yahoogroups.com Sent: Thu, February 18, 2010 9:27:44 PM Subject: [Repeater-Builder] Unlawful in Il to Rebroadcast Public Safety Communications  FYI It is now Against the Law in Il To Rebroadcast Public safety Communications including radio or Internet I know most of us in this Hobby are aware of all the Scanner Type Communications being linked d to the Internet. I always wondered about the legality of doing this especially living in one of the Few States that have an Anti Scanner Law against mobiles and Handhelds unless one is exempt. I always liked the idea of seeing something big on the News and finding a site from that area to listen to it Live . Well it looks like Il has put together a law against doing this I do not know about other states . Or how this is going to stop the On Line Scanner stations. Also as written unless I have permission it looks like I cannot rebroadcast the Amber Alerts which come out over My Emerg Weather Receive on My Repeaters I am sure others have this on the Repeters too This will be interesting to see if anyone is a actually charged with this Don KA9QJG Statutes Amended In Order of Appearance 20 ILCS 2615/11 new 20 ILCS 2615/12 new Synopsis As Introduced Amends the State Police Radio Act. Provides that a person receiving public safety voice or data communication transmitted via the facilities of the State's public safety radio system by wire or radio shall not, without the written authority of the originator of the communication, rebroadcast the communication via any means, including radio or Internet, or otherwise divulge or publish the existence, contents, substance, purport, effect, or meaning thereof. Provides that this provision does not apply to the public safety radio communication transmitted by any system station for the use of the general public, including Amber Alerts and other communications specifically intended for rebroadcast to the public. Provides that radio access to the public safety radio system within the State may only be accomplished upon receipt of written authorization granted by the appropriately licensed authority. Provides that a violation of these provisions is a Class A misdemeanor. Effective immediately. http://tinyurl. com/yf3on2y Since 1974, the award-winning Alpert JFCS has helped families of all faiths throughout most of Palm Beach County, FL, via counseling, seniors services, residences for the disabled, mentoring children, support groups and a lot more. SOLUTIONS FOR LIVING www.JFCSonline.com Please take note of our new website and E-Mail Addresses. Please update your contacts ASAP. . NOTICE: This e-mail message and all attachments transmitted with it are intended solely for the use
