[ARRL-OK] Information needed

Wed, 20 Aug 2003 13:59:53 -0500

I believe that the problem lies in the specifications a radio must meet for 
certain services.  As long as these radios aren't being used in the Amateur 
service by non-Amateurs, then the problem isn't modified ham gear: the 
problem is that the gear being used doesn't meet the specifications for the 
service and license.  Radio gear used for other services must be certified 
for those service, and this gear isn't certified for use in these services.

However, I doubt that anyone will get fined for this.  *ANYONE* may own a 
ham radio transceiver, modified in any way they choose, and carry it 
anywhere they want. It is illegal for then to *transmit* with it on the ham 
bands, or in any service for which the radio is not specifically certified. 
That said, the FCC typically takes an interest when a complaint is 
filed.  So, if this gear were causing interference to adjacent channels, 
other services, or causing troubles within the service, and someone 
complained, then the FCC will start investigating.

I'm not quite sure, though, exactly what the non-hams are doing with the 
gear.  If all they want is receive capability, then a scanner will work 
just fine.  Hams who are also law enforcement officers or firemen, and want 
a do-everything radio probably have a legitimate reason for this, even if 
it's illegal on a strictly-interpreted basis.

There is commercial-grade gear available that can be programmed for the ham 
bands, which is perfectly legal.  If all they need is receive capability 
for a couple of frequencies, the commercial grade gear would probably work 
fine and wouldn't cost much (if any) more than the ham gear, and all 
worries of FCC regulations violations would be assuaged.

Kim Elmore, N5OP

At 08:04 AM 8/20/2003 -0500, w5taz wrote:
>Hello, I need some information. I tried to find the information I needed 
>on the FCC web page but was unable to do so.
>
>   I am a member of the Emergency Management here in Okmulgee County. 
> Several hams are also members. Other EM members are buying Ham radios 
> that are modified to operate out of band.
>
>   Those who are buying these radios are not hams. Most are law 
> inforcement, Firemen and such. I just had one call me for some 
> information on the legalities of him not having a Amateur liscense and 
> him owning this radio. He stated to me another officer told him he could 
> get a $5000 fine for having this radio in his patrol car.
>
>   These guys down here are all fine people and would not operate 
> illegally. But they are concerned about this situation. I have tried to 
> find information on this at the FCC web page but have been unsuccessfull 
> thus far. I even could not find it in my FCC rule book for hams.
>
>Can you help me?
>
>Is it illegal for non hams to own and use ham radios that are modified to 
>operate on frequencies that they are able to talk on?
>
>If you could help me or direct me to the proper place or person to ask it 
>would be appreciated. Thank you and I look forward to your reply's.
>
>Dave Lugo, W5TAZ
>
>--- StripMime Report -- processed MIME parts ---
>multipart/alternative
>   text/plain (text body -- kept)
>   text/html
>The reason this message is shown is because the post was in HTML
>or had an attachment.  Attachments are not allowed.  To learn how
>to post in Plain-Text go to: http://www.expita.com/nomime.html  ---
>______________________________________________________
>___________________ Information __________________________
>ARRL Oklahoma Section Manager - John Thomason, WB5SYT [email protected]
>Oklahoma Section Web page http://members.cox.net/arrl-ok
>______________________________________________________
>
>ARRL-Ok mailing list
>Home: http://mailman.qth.net/mailman/listinfo/arrl-ok
>Help: http://mailman.qth.net/faq.htm
>Post: mailto:[email protected]

                           Kim Elmore, Ph.D.
                        University of Oklahoma
         Cooperative Institute for Mesoscale Meteorological Studies
"All of weather is divided into three parts: Yes, No, and Maybe. The
greatest of these is Maybe" The original Latin appears to be garbled.