[BC] Pirates...Aaarghh!

Wed Jul 6 18:59:03 CDT 2005

My town (Saint Charles Illinois) is in the process of completely revising 
the municipal code for zoning, building etc.  First time its been worked 
over since 1960.   A Zoning Commission draft code was posted to the city 
website a few months ago (the revision is ongoing with numerous Commission 
public meetings, then a revised draft, then meetings about that, then 
another revision to go to the City Council for approval etc.) and i 
downloaded and immediately went over it.

Among other alarms, was a one or two sentence proposed municipal ordinance 
buried in the code that said that no electromagnetic device shall radiate in 
such a way that it causes interference to any electric device located beyond 
the property lines of the lot on which the radiating device is located.

I at once imagined an irate neighbor getting the cops to raid some ham's 
station (me!); the ham trying to explain part 15 devices to the law.

this was obviously written by some well intentioned but uninformed gov't 
staff member with a city planning degree or some such.   Another ham and I 
showed up at one of the public meetings and he (not me; I'm not a diplomat) 
politely informed the Commission that RFI issues are the sole jurisdiction 
of the FCC; not municipalities.  They immediately agreed to strike the 
ordinance.
Of course it's not over yet--we're continuing to monitor the process; there 
are also some other issues having to do with antennas we're working on.

rob atkinson/k5uj

From: "Ron Castro" <ronc at sonic.net>
Reply-To: Broadcast Radio Mailing List <broadcast at radiolists.net>
To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
Subject: Re: [BC] Pirates...Aaarghh!
Date: Wed, 6 Jul 2005 10:03:26 -0700

I'm not up in arms because I agreed to be bound by the law when I got my 
licenses, both ham and commercial.  Nobody put a gun to my head.  Same as 
when I got a driver's license.  Transmitting an electromagnetic signal was 
never a 'right' put into the Constitution, and as a conservative, I am a 
'strict constructionist'.  It's also 'well settled' law that the police have 
a right to arrest you for interfering with their radios, whether you have a 
license or not.

Ron Castro
Chief Technical Officer
Results Radio, LLC

----- Original Message ----- From: "DANA PUOPOLO" <dpuopolo at usa.net>
To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
Sent: Wednesday, July 06, 2005 9:42 AM
Subject: Re: [BC] Pirates...Aaarghh!

>Why should a ham operator - an FCC LICENSED person - have to go to court or
>show ANYTHING (but his ID) to a police officer?
>This is local and state governmment intrusion at its worst. Ron, as a
>conservative you should be UP IN ARMS over this!
>
>Why aren't you?
>
>D
>
>
>------ Original Message ------
>Received: Wed, 06 Jul 2005 09:36:52 AM PDT
>From: "Ron Castro" <ronc at sonic.net>
>To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
>Subject: Re: [BC] Pirates...Aaarghh!
>
>One of the Florida pirates that was busted a few years ago *was* a ham. He
>got caught when his ham callsign was displayed in a picture somewhere.
>
>If I understand the state regulation, all a ham would have to do is show 
>his
>ham license.  If that didn't work, he would certainly have his day in court
>to show that it was his neighbor's crappy radio that was the problem. Cops
>generally aren't as dumb as the media likes to make them out to be.
>
>Ron Castro
>Chief Technical Officer
>Results Radio, LLC
>
>
>----- Original Message ----- From: "Jerry Mathis" <thebeaver32 at hotmail.com>
>To: <broadcast at radiolists.net>
>Sent: Tuesday, July 05, 2005 10:43 PM
>Subject: RE: [BC] Pirates...Aaarghh!
>
>
>>
>>HOPEFULLY, they are smart enough to know the difference between a ham
>>station and a broadcast pirate. Anything is possible, though.
>>
>>
>>
>>Jerry Mathis
>>Clear Channel Radio, Tupelo & Meridian MS
>>
>>
>>
>>
>>>From: "Keith Hammond" <monsterfm at monsterfm.com>
>>>Reply-To: Broadcast Radio Mailing List <broadcast at radiolists.net>
>>>To: "'Broadcast Radio Mailing List'" <broadcast at radiolists.net>
>>>Subject: RE: [BC] Pirates...Aaarghh!
>>>Date: Tue, 5 Jul 2005 22:11:30 -0500
>>>
>>>Bruce Doerle said:
>>>
>>>
>>> > Paul,
>>> >
>>> > I don't agree.  The Florida law does not usurp the federal
>>> > but parallels the law.  There is nothing to prevent the FCC
>>> > from enforcing the Communications Act.  Nor does the law
>>> > contridict the fedaral laws or regulations.  If it did, you
>>> > might have a point.  But there are many cases where the state
>>> > and feds have laws that coexist nicely and allows for federal
>>> > or state procescution or both.
>>>
>>>
>>>   But, I'd hate to be the poor (licensed) amateur operator who just
>>>happens to fire up his 2kw. Rig at the wrong time and finds cops beating
>>>in his door shortly after the little old lady from next door reports
>>>that a strange voice is coming from the heating elements in her electric
>>>blanket...
>>>
>>>   True, this is an attempt at humor but, has anyone taken this
>>>possibility into consideration? I can see MANY potential avenues leading
>>>toward potential abuse of power (or pure ignorance) on this matter! It's
>>>downright scary! Especially when a legal operator could potentially be
>>>arrested due to simply living near a faulty receiver. (Do you REALLY
>>>think the local detective squad can determine the difference in a
>>>"clean" or "dirty" transmitter and/or a poorly designed receiver that is
>>>prone to intermod and signal overload? Give me a break!
>>>
>>>
>>>Keith Hammond
>>>
>>>KBKH-FM (Shamrock, Texas) - Looking to buy a Pizza Hut to support the
>>>station!
>>>
>>>(806) 256-1221
>>>
>>>
>>>
>>>_______________________________________________
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>>
>>
>>
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>>
>
>
>_______________________________________________
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>
>
>
>
>
>_______________________________________________
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>To send to the list, email: broadcast at radiolists.net
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>http://www.radiolists.net/
>

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