San Jacinto Radio Ham arrested

Discussion in 'Amateur Radio News' started by G4TUT, May 3, 2010.

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  1. K7JEM

    K7JEM Ham Member QRZ Page

    Really, the two things are worlds apart. This woman knowingly and repeatedly transmitted interferring messages on PS channels. I'm not sure the other guy is guilty of anything, other than doing a dumb thing.

    Last I checked, stupidity wasn't a crime.

    Joe
     
  2. WB2WIK

    WB2WIK Platinum Subscriber Platinum Subscriber QRZ Page

    I thought that, too.


    Actually, I first thought, "How nice of her to post a photograph of her mother here.":)
     
  3. KE5EUA

    KE5EUA Platinum Subscriber Platinum Subscriber QRZ Page

    No that's funny. I looked her up a few hours ago when I first saw this thread when there was only one page of comments. Looked again and everything has been removed.

    Not like she is hiding anything..to late for that..

    Michael
    KE5EUA
     
  4. AF6LJ

    AF6LJ Ham Member QRZ Page

    yes that is legal;
    They then petition the FCC for revocation and the FCC will likely revoke her license.

    You break any of the communications laws and you risk loosing your license.
     
  5. WX0DX

    WX0DX Ham Member QRZ Page

    Sad

    The sad truth is she isn't a true Ham just because she has a license. A true ham wouldn't sit around doing the type of stupid acts she has performed. The truth is she is more than likely a CB'er lot Lizard who got a ticket to try and cover her illegal acts. I also know people with a drivers license but they can't drive either :D
     
  6. AE6JM

    AE6JM Ham Member QRZ Page

    They don't petition" for anything....

    Worked with these guys, they will turn over their file to a federal agency, if they haven't notified them already. I'm sure she is already on enforcement's radar. Its unfortunate that CAL-FIRE's radio system is 40 years old, vhf analog, and some local PDs like Hemet still use the same. The Sheriff and other departments are on newer 800mhz digital systems, much harder and more expensive to get at.
     
  7. W6EM

    W6EM Ham Member QRZ Page

    Not so sure. Quoting the back of my license: "Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Commmmmunications Act of 1934, as amended. See Section 47 USC 310 (d). (Follows)

    d) Assignment and transfer of construction permit or station license

    No construction permit or station license, or any rights thereunder,
    shall be transferred, assigned, or disposed of in any manner,
    voluntarily or involuntarily
    , directly or indirectly, or by transfer of
    control of any corporation holding such permit or license, to any person
    except upon application to the Commission and upon finding by the
    Commission that the public interest, convenience, and necessity will be
    served thereby.


    There is no process allowing for a local government to file an application to revoke an amateur license. Moreover, it appears the Hemet PD may have violated the Communications Act in confiscating her license.

    The Enforcement Bureau could investigate, and upon hearing of evidence, decide for itself if punishment is in order and what that might be. But, it took many letters from amateurs and one to the United States Attorney to get some federal enforcement action.

    CA has a law that may in and of itself be preempted by the Communications Act. The CA statute prohibits use of radio equipment that interferes with public safety radio and considers it to be a felony, as I recall. Gerritsen was convicted under it and served time.

    I'm not defending the behavior, only that what is a misdemeanor in the Communications Act is considered a felony by a state, and state statutes are clearly inferior to federal law.

    Perhaps there's a "leagueal beagle" in the house (W4PG, where are you?)
     
  8. W6EM

    W6EM Ham Member QRZ Page

    Yes, the same concept that failed the whole New Orleans area in Katrina's aftermath and elsewhere.

    Its also a poor performer in ridge and valley areas.

    Analog VHF is more robust, but it can more readily be interferred with.
     
  9. NN3W

    NN3W Ham Member QRZ Page

  10. AF6LJ

    AF6LJ Ham Member QRZ Page

    You brought up a number of very good points.
    Where the rubber meets the road;
    The police can seize her license, why because a challenge can't be made outside of court. They may have overstepped their bounds. If she has a copy of her license she can operate until the FCC says she can't.

    For all we know the FCC was contacted before the seizure occurred and authorization may have been given to seize her license.

    We don't know what "actually happened" all we have is second hand reports.
     
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