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Texas HAMS Alert - SB 43 Pending in Texas Senate

Discussion in 'Amateur Radio News' started by KA5ETX, Jan 11, 2019.

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  1. K4KWH

    K4KWH Ham Member QRZ Page

    Here we go again! It is exactly the reason I have asked for a Declaratory Ruling from FCC. On the surface (and the way THIS is written in Texas), they cannot arbitrarily supercede Federal law that now DOES give amateurs and commercial operators the right to operate our mobile radios. I am waiting for Scott Stone, of the Wireless Bureau to respond. He has replied that my request HAS been recorded and is being reviewed at this time.

    Paragraph C of the Texas proposal seems to refer to "individual licenses", so it may not ultimately affect us. I am firmly of the opinion that FCC is the sole grantor of "permission" to operate mobile two way radio, and a Ruling from them IS the way to forestall such laws from gaining traction.
     
  2. K4KWH

    K4KWH Ham Member QRZ Page

    But, as we have argued before, the operation of a two way radio is a completely different animal from "a consumer electronic device". It has history, precedent, and FCC regulations that SAY that the operation of a two way radio is 1) permissible,. 2) and that such operation is allowed and encouraged. The operation of a two way radio is only minutely distracting.
     
  3. K4KWH

    K4KWH Ham Member QRZ Page

    And that is also what I've been saying. IF these ignorant *&^%$#$'es want to ticket me for using my licensed two way radio, then I will be damned if I'm gonna come help them in a disaster! Y'all kin just drop dead. And this will also get sticky when it comes to the use of non-FCC authorized radio services. Some of us operate within NTIA, Coast Guard AUX, and USAF authorizations. The state cannot restrict US military comms. Period. It is NONE OF THEIR BUSINESS!
     
    KC4V, KC5SAS and KD5INM like this.
  4. KV6O

    KV6O Ham Member QRZ Page

    Good grief...

    Where, exactly, does this bill restrict military communications?

    Write your state Representative asking for the bill to clearly exclude Amateur Radio (it does so, but not explicitly).
     
  5. AK0AK

    AK0AK Ham Member QRZ Page

    I love it when people quote a section of our constitution. How about you quote that to the officer when he is standing at your window.
    Your argument is only good when used in a court of law. Even then it will only do you any good in two courts. Those being a federal district court and the supreme court. To get to these courts you have to wade through the loser courts. Takes a lot and I mean a lot of money and time and determination. Even then neither of these courts have to agree to hear your argument.
    So to wrap it up.....good luck with that...
     
  6. WB8LBZ

    WB8LBZ XML Subscriber QRZ Page

    I asked N5AUS and K5RAV and was told that there has been contact with the senator that drew up the bill. Also - A local ham here in El Paso was stopped by a city police officer and given a warning. The ham told the officer to give him the ticket and he would see him in court. The ham took a copy of the law to court and the judge threw it out.

    73, Larry WB8LBZ
    El Paso, TX
     
    KG5YEJ and KC4V like this.
  7. KD5INM

    KD5INM Ham Member QRZ Page


    In the new proposed law, the current law passage is crossed out that exempts FCC licensed radio operators. So the new proposed SB43 will apply to Amateur Radio Operators.
     
    KC4V likes this.
  8. KD5INM

    KD5INM Ham Member QRZ Page

    A an operator of a commercial motor vehicle, other than a school bus with a minor passenger on the bus, who uses a portable wireless communication device while acting in the scope of the operator ’s employment and the use is allowed under federal motor carrier safety regulations, as defined by Section 644.001 [an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a portable wireless communication device].

    The portion above in brackets is crossed through, eliminating it as an exemption. See page 4 of the document linked here
    https://capitol.texas.gov/tlodocs/86R/billtext/pdf/SB00043I.pdf#navpanes=0
     
  9. ND6M

    ND6M Ham Member QRZ Page

    The wording in a prior law has nothing to do with this proposed law.

    It simply means that a SPECIFIC class is no longer listed as being exempt.
    It doesn't mean that class is not exempt.
     
  10. KD5INM

    KD5INM Ham Member QRZ Page


    If Amateur radio operators are not exempted in the new law specifically then law enforcement will pull radio operators over and give them a citation. The lack of wording in the new proposed law will have much to do with how radio amateurs are treated. The author of the bill has changed and crossed out many passages of the proposed law to intentionally include prohibition of radio operation while in a moving vehicle.
     
    KC4V likes this.

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