[DARC] Fw: Delaware House Bill 40

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--------- Forwarded message ----------
From: "ARRL DE Section" 
Date: Thu, 19 Mar 2009 10:02:07 -0400 (EDT)
Subject: Delaware House Bill 40

To All Delaware Section Members:

Here is the latest information in regard to Delaware House Bill 40 The
Hands Free Cell Phone Bill. As of March 18th 2009 this House Bill 40
has been tabled by the House Public Safety Committee amid concerns
about its impact on businessmen, state workers and farmers.

The original text of the legislation painted a broad interpretation
with the language "or other electronic devices" the Amateur
Radio community asked for an amendment to exempt FCC Licensed Radio
Amateurs from this bill as to remove the possibility of a law
enforcement officer interpreting Amateur Radio operation while mobile
as a cell phone.

The result of this request has met with opposition from Representative
Daniel Short and Representative Joseph Miro the sponsor of the bill
with an amendment that specifically adds language that includes Amateur
Radio under the following restrictions:

AMEND House Bill No. 40 by inserting the following between lines 19 and
20:
"c.           Use of an amateur radio in a radio-equipped vehicle
by an
FCC-licensed amateur radio operator in the time of a natural or
man-made emergency.

I have received the following instructions from ARRL Regulatory
Management

This amendment really is a problem in that it extends provisions of
the
bill to now apply to amateur radio communications.  As amended amateur
radio can now only be used while mobile in an emergency.  

Do whatever you need to do to get the amendment removed.  As stated in
the previous email, the basic bill was not a problem.

That said, if the bill was tabled, let the sleeping dog lay.  But keep
an eye on it in case it is removed from the table.  

Thanks and 73

Dan Henderson, N1ND
Regulatory Information Manager
ARRL - The National Association for Amateur Radio



I am requesting that all members please pass all communications in
regard to House Bill 40 through me in order that we can common unified
front in responding to this proposed legislation.

Thank you,

Frank T. Filipkowski AD3M

--------------------------------------------------------------------
ARRL Delaware Section
Section Manager: Frank T. Filipkowski, AD3M
ad3m @ arrl.org
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