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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. KA5ETX

    KA5ETX XML Subscriber QRZ Page

  2. KF5JOT

    KF5JOT Ham Member QRZ Page

    Unless I'm reading it incorrectly, the bill defines " wireless communications device" as:

    means a device
    through which personal wireless services, as defined by 47 U.S.C.
    Section 332(c)(7)(C)(i), are transmitted. The term does not include
    a device that is only a global navigation satellite system receiver
    used for positioning, emergency notification, or navigation

    When you pull up Section 332(c)(7)(i), this is what it says:

    (C) Definitions For purposes of this paragraph— (i) the term ‘‘personal wireless services’’ means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; (ii) the term ‘‘personal wireless service facilities’’ means facilities for the provision of personal wireless services; and (iii) the term ‘‘unlicensed wireless service’’ means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in section 303(v) of this title).

    Don't see it having any effect on us.
    W6SAE, N5QBX, W8LGZ and 5 others like this.
  3. N2SUB

    N2SUB Premium Subscriber QRZ Page

    Tell it to the judge. ;)
    K6PFG and NE1U like this.
  4. WB8VLC

    WB8VLC Ham Member QRZ Page

    'Don't see it having any effect on us.'

    Don't just assume that it will not effect you because it will, from experience I can guarantee you that it will in one way or another.

    We have similar wording in Oregon but you forget that the police are not well versed in judging if your device is a gps, a ham radio or a cellular device.

    As a result, especially at night if police even see a glimmer of a light that appears to be from any type of personal electronic device, be it a gps, a ham mobile mounted in your vehicle or a cell phone they still stop people first and ask questions later.

    Unfortunately with police they still like to have their time accounting for something of which they can put on their report and the stop is the first thing that leads to further findings and lost time for you.

    As I see it , either way the cats out of the bag, once these laws are passed and on the books then the police can stop you for anything and then go from there in finding their own interpretation of what falls into a personal wireless device category and citing you.

    In fact they can still cite you at the officers judgement for having a personal electronic device and then leave it up to a judge do the final ruling as to if it is a ham radio, a gps or a cellular device.

    Either way because of the recklessness of cell phones users and cell companies you are in for a fun drive and not entirely 100% immune.

    The inconvenience of being continuously stopped and having to report to a judge is lost time on mine and others parts and as a result many hams are now taking the direction of not running anything mobile anymore.
    W6MJS, KE4YMX, KA5ETX and 1 other person like this.
  5. AE5GT

    AE5GT Ham Member QRZ Page

    Have you forwarded this to N5AUS ? I believe he was involved in writing the original exemption.
  6. KA9UCE

    KA9UCE Ham Member QRZ Page

    Since amateur radio is national, by design, it falls under FEDERAL regulations, not state.
    Texas holds NO authority to regulate anything federal by nature or law, making the Texas law, null and void.
    Cellphones are not the same, and if the employees are exempt, then so must everybody else, as once again, the LAW, is to be applied
    EQUALLY TO ALL...NO exceptions!
    KF4LQT, K4XJ, WR5C and 4 others like this.
  7. KA9UCE

    KA9UCE Ham Member QRZ Page

    When all cell towers are dead because of storms, tornadoes, hurricanes and the like, who are they going to look to, for EMERGENCY communications?
    This is one area that has NO's the hams that have the ability to communicate worldwide.
    I do believe this will be a dead issue, as there must be ONE active brain cell in the state legislature that can see through the trash here.

    If this is your officials working for you, then it's time to fire them!
    K7SWT, WR5C, WW5RM and 1 other person like this.
  8. ND6M

    ND6M Ham Member QRZ Page

    Thats not correct, many groups of individuals are exempt from certain laws that others still have to comply with.
    W0DMH likes this.
  9. GARY1227

    GARY1227 QRZ Member

    Don't talk while driving.
    VA7UO and WA7PRC like this.
  10. K3FHP

    K3FHP XML Subscriber QRZ Page

    Sorry , you are wrong. They are NOT making a device restriction, but a DRIVING restriction, for which the state does indeed have the authority to make.
    W0DMH, AG6QR, WR5C and 9 others like this.

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