[KYHAM] FW: Ron, please put on KYHAM

[Ron Dodson]

Per his request, here is a message from Bob Stephens, WA4CMO re: HB 9.

73, 
Ron, KA4MAP

-----Original Message-----
From: Stephens, Bob L MR NGKY [mailto:robert.stephens at ky.ngb.army.mil] 
Sent: Monday, January 23, 2006 4:37 PM
To: Meade Co. - (EMA)
Subject: Ron, please put on KYHAM

Attached is a copy of an email that I sent to Rep. Marcotte's office
this PM.  

Bob Stephens, WA4CMO


Dear Rep. Marcotte:
I respectfully request that the wording of HB 9 be changed to read
[exempt “Land Mobile Radio,”  “Amateur Radio,” “Citizens Band Radio,”
Satellite Push to Talk Two-Way Radio, and Push to Talk Cellular Radios]
instead of the term “Citizens Band Radio” only.

The current language of HB 9 exempts "Citizens Band Radio" only and is
not inclusive of all other types of two-way radio communications systems
and devices.  CB is a specific service that is "not" licensed and does
not represent or characterize the body of two-way radio by definition
and scope.  First and foremost, the language does not exempt the
thousands of Kentucky users of "Land Mobile Radio" by contractors, taxi
cabs, trucks, school busses, local and city governments public works,
factories, mines, coal haulers, airlines, helicopters, and all other
forms of commerce that use communications in the same manner that a
Public Safety Agency would.  These devices are characterized as a mobile
radio or a portable unit with a microphone that you could pick up and
speak into after pressing a "push to talk" button.  Push to talk mobile
radio as used in many parts of commerce in Kentucky and nationwide more
robust, more critical to business and are dissimilar to CB Radio. 
Furthermore, many new cellular phones operate in the same manner as a
two-way radio such as the "walkie-talkie" Nextel and Cingular phones. 
If you exempt CB then you may be required to defend the legislation
against the Cingulars and Nextels that sell "push to talk" phones that
work like a CB?  

It is my opinion that the bill as written may be difficult to enforce
and may require arbitrary law enforcement in an attempt to use common
sense by law enforcement.  Most law enforcement officers have CB's in
their vehicle and are able to ID a CB easily during a traffic stop.  A
CB radio is a 5 Watt AM Two-Way radio that operates on 28 MHz.  Based on
the exemption, an officer might cite the commercial user/driver for
using a Motorola 110 watt FM mobile radio on 155.0 MHz as being in
violation of the law.  The microphones look the same but the radios are
very distinguishable from each other.  There is no difference in the
operation of a CB or other land mobile radio and a Nextel or Cingular
Cell Phone in the push to talk mode.  So when the law enforcement
officer cites a driver for using a cell phone the driver may say that he
was using it in "Citizens Band" mode.  Further clouding this issue is
the Satellite Phone that many citizens now carry in their vehicles such
as On-Star.  Is this to be considered a CB or an exempt “land mobile
radio”?  Blackberry is a brand name of a specific device.  If a citizen
is using a device similar to a Blackberry in function but it is a
Motorola device sold by Nextel instead of Cingular, would it be exempt
because it is not named specifically?

It is my opinion that there will be many unintended negative
consequences resulting from HB 9 as written with most creating problems
for industry and commerce that do not use "Citizens Band" but use
sophisticated land mobile radio systems and push to talk cellular
phones.
 
I respectfully request that the wording of HB 9 be changed to exempt
“Land Mobile Radio,”  “Amateur Radio,” “Citizens Band Radio,” Satellite
Push to Talk Two-Way Radio, and Push to Talk Cellular Radios instead of
the term “Citizens Band Radio” only.

Bob Stephens
WA4CMO
Trustee Capital Amateur Radio Society
Frankfort, KY
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