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Retailers Breakin the Law?

The issue isn't NTIA standards, or any other agency standards, and whether or not it's legal to use a radio for certain purposes, government or otherwise. The issue is that a branch of the government bought radios that are illegal to sell or market in the U.S. As we have discussed ad nauseum, that makes them illegal to purchase by anyone, as well. We all already know that if the government or hams want to use them, they can. I was just pointing out the irony in how the government itself chooses to use the "black market" when it deems necessary.

And as far as illegal usage on 10 meters, I don't condone that and never have. Those individuals should be told politely first that they're using frequencies that require an FCC license and that they can be fined if they don't cease. If they continue, then find them if you have the time and report them.
 
AudioShockwav said:
CW Are you calling me a lier, or John Mahony?
The Man told me this himself, this is not internet chit-chat bullshit.
Whats the problem, can`t face the fact that the goverment is capable of breaking there own rules?
Oh thats right...they make them up as they go along.
Click to expand...

I just TOLD you the reason why a Federal agency has such leeway. FEMA-is-not-governed-by-FCC-regulations. I don't KNOW a John Mahoney, and it doesn't make any difference. It is a moot point since FCC has doodly squat to do with what FEMA or any OTHER F E D E R A L agency does with regard to communications. *I* have nothing to do with this, and it does not affect me. There is no reason for *me* to give a hoot since the FCC rules have not a durned thing to do with it.
Instead arguing with ME, google National Telecommunications & Information Agency and read about their responsibilities and
jurisdiction. If FEMA wants to use a "certain" radio to meet its requirements, they CAN and that's all there is to it. There is a very big difference in CIVILIAN communications and FEDERAL comm. operations, and there is no contradition whatever.

CWM
 
Apparently, federal agencies do not come under jurisdiction of each other. It appears to be that that is status-quo. I have been looking for any sort of situation where this is written down and have not found it yet. But I HAVE found indications that federal agencies are not under any other agency's domain.

It may actually be FCC's rules and regulations do NOT come into effect with any other federal agency.. But I've not found anything specific that says this yet.
 
Hopefully they did not transport them by truck.......what an "Evil " conspiracy that would have been :wink: :wink: ...

There is enough "Heat" in here right now to "warm" a "Yankee's " bones 8) 8) ....



Snoope back hiding in the snow......Ho-Ho-Ho
 
I'm sort of confused that it is legal for a Gov. agency to allow itself to break a Federal law and it be legal .My understanding is that those radios fall under a Federal Customs law not just an FCC rule.
 
CWM, you should give a hoot, because our government officials are expected to follow the same laws as the citizens, unless specific exemptions are provided. That goes for government agencies following other agencies' regulations, as well. It is just as illegal for FEMA to purchase illegal radios as it is for them to buy crack off a dealer on the street corner.

It is also utterly unreasonable to say out of one side of one's mouth that we should follow laws "because they are the laws" and then out the other side of the mouth say it's OK for our government to ignore the laws "because they can".
 
frmboybuck said:
CW, who were you talking to on 28.085??
Click to expand...

Why? Since this is an open newsgroup, I will not bring others into it. What I did was to call "CQ CQ CQ CQ De K***** on Morse Code which is one of the modes allowed on that frequency. A trucker complained to his other illegal friend that "some b*****d was f***ing up the 'channel'. GOOD! I'm glad I was messing him up since he was not allowed to be there to start with! :evil:

CWM
 
Moleculo said:
CWM, you should give a hoot, because our government officials are expected to follow the same laws as the citizens, unless specific exemptions are provided. That goes for government agencies following other agencies' regulations, as well. It is just as illegal for FEMA to purchase illegal radios as it is for them to buy crack off a dealer on the street corner.

It is also utterly unreasonable to say out of one side of one's mouth that we should follow laws "because they are the laws" and then out the other side of the mouth say it's OK for our government to ignore the laws "because they can".
Click to expand...

NO! I am not defending anything as there is nothing contradictory about it. The NTIA regulations have been effect for many years. Equipment used by NTIA-governed agencies does NOT, nor has it ever had to , have to conform to FCC regulations. There has been no change.
Again, the equipment rules for FEDERAL agencies and that of CIVILIAN(s) or such FCC-controlled are totally different and always have been. *I* didn't make it that way and it behooves anyone who wants to challenge this to take it up with NTIA, not me.

I have no evidence before me, other than hearsay from third parties, that such purchases occurred anyway. If they DID, it has nothing to do with FCC regulations and never has. The Federal Government can purchase spark gap transmitters if they want to, as I understand it. :)

We as civilians have been taught to think of FCC as the fearsome, all-seeing, all-governing agency WRT radio, but it is not. That's because we normally don't DEAL with government regulations and internal rules they have that we may think are contradictory or wrong.

73

CWM
 
Thats no attitude to have CW. Just curious who you were talking with. It is also illegal to broadcast test or dead transmissions on your part even if it does interfere with an illegal station AND I believe it is illegal for you to talk to them since they arent hams but I am sure you already knew that
 
(This one Hams don't even agree on)

Sec. 97.101 General standards.

(d) No amateur operator shall willfully or maliciously interfere
with or cause interference to any radio communication or signal.


CWM, I have read where you have said that you have intentionally sent CW over the illegal ops to run them off.


"When may you deliberately interfere with another station's communications?"

1. Only if the station is operating illegally

(does not state if the station is licensed or not)

2. Never

Answer is 2

Now before you go and start giving a speech about it talking about a licensed station I have a question for you to ponder. How do you know it is not a licensed station operating illegally ??? If it is the rules state you CANNOT deliberately interfere even though they are operating illegally. You may try to locate the station and report them but you are not allowed to cause deliberate interference. You are not allowed to become a vigilante.

And if for some reason you do know it is unlicensed are your "Phantom" cq's breaking the following rules ? If you admit to sending CQ's to get them off and not truly seeking a 2-way conversation it seems your INTENT for doing so is not legal. You can claim to give the "appearance" of seeking a qso but have admitted it not being the true intent for doing so.


Q. What types of one-way communications are amateur stations authorized to transmit?

A. Section 97.111(b) provides for one-way communications. In summary, auxiliary, beacon, space and stations in distress are specifically authorized to make certain one-way transmissions. Additionally, an amateur station may transmit the following types of one-way communications:

1.

Brief transmissions necessary to make adjustments to the station;

2.

Brief transmissions necessary for establishing two-way communications with other stations;

3.

Telecommand;

4.

Transmissions necessary to providing emergency communications;

5.

Transmissions necessary to assisting persons learning, or improving proficiency in, the international Morse code;

6.

Transmissions necessary to disseminate an information bulletin; and

7.

Telemetry.
Click to expand...

I know the last time we had this discussion you became a little upset but in all honesty I am sincere in hearing an answer. Please don't give a rushed answer . Please carefully read each question and try to answer civily. You have continually come here demanding of following rules and laws yet I don't corelate your actions with the above rules. I have seen this debated among Hams on Ham forums so I know that not all Hams agree this is legal.
 
I have seen this debated among Hams on Ham forums
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That's funny Sonwatcher...because most of us in this thread having the discussion ARE hams, and WE don't all agree! LOL

It's a good discussion, though.....
 

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