[FLham] FLORIDA HAMS AT RISK OF ARREST FOR INTERFERENCE

[kd4e]

 > If the neighbor can demonstrate that the TVI happens
 > when you transmit, the police must act.  You have
 > been shown to be in violation of the law and guilty
 > of a felony.  You can go to jail.

How would they do that?

The officer is standing in their house, how does he know
that you are transmitting?

A second officer?

How may Hams are so dumb that they'd risk arrest by really
transmitting with a police officer standing over them with
a radio talking to the other officer saying "OK, now he is
going to transmit and if you see TVI then I am going to
throw the cuffs on him."?

Also, you are never "guilty" only suspected and subject
to potential prosecution.  The definition of guilt is
with the courts, not the police.

Besides, the FEDERAL regs trump STATE law.  They say that
the device must resist receiving signals from sources not
on the design frequency.  The FED regs also say that a Ham
"may" offer assistance but that the responsibility is at
the door of the device manufacturer, not the Ham.  Case
closed.

Any prosecution for legal FEDERALLY licensed transmissions
based on a poorly written STATE law will be immediately
tossed in any court as unconstitutional.

Again, the solution is not the FCC (other than someone
showing the FCC regs to a FL State Rep so they know
they need to amend the law to recognize that there is a
superior FEDERAL boundary protecting Hams) -- the
solution is for the FL Legislature to amend the law
through the normative process.

Even if I agree that it is worth the effort, which I am
not convinced it is, the ARRL is taking the incorrect path
on this one.

Have they even bothered to speak with the authors of the
FL State legislation and the Governor's Office who allowed
it into law?

-- 
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Thanks! & 73, doc kd4e

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