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Virginia senator wants to restrict amateur mobile more than CB

Discussion in 'Ham Radio Discussions' started by KX4O, Jan 2, 2018.

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  1. K7JEM

    K7JEM Ham Member QRZ Page

    The FCC also regulates cell phones and television. But in many jurisdictions, if you use a cell phone while driving, or watch a TV while driving, you will be stopped and issued a ticket. The fact that these things are regulated by the FCC does not prevent a state from enacting a law preventing you from doing these things while driving a motor vehicle.
     
    KK5JY likes this.
  2. WZ7U

    WZ7U Subscriber QRZ Page

    Yeah, but I don't think anyone here is advocating for watching TV while driving. Unless I missed that particular post.
     
    N4AAB likes this.
  3. NN4RH

    NN4RH Premium Subscriber QRZ Page

  4. K4KWH

    K4KWH Ham Member QRZ Page

    I will post an edited copy (for brevity) ASAP. I am also thinking of copying ARRL on this as well. In addition, a copy to Ms Kory of Virginia. She doesn't answer my polite emails. Perhaps because I am not a resident of Virginia. You may think I'm crazy, and that's fine. But I believe this is wrong if for no other reason it accomplishes not ONE thing as to distracted driving for the states, and it does not achieve the goals that FCC outlined in Docket 91-36. One does not punish the innocent along with the guilty with nonsense laws. I may lose, but it won't be for lack of sticking up for what I believe is right. Amateur/two way radio/CB is NOT the guilty party here!
     
  5. K4KWH

    K4KWH Ham Member QRZ Page

    I just noticed the "gumball" in your avatar. Neighbor has a whole slew of those trees next door. Guess where "them" blasted balls end up?
    In MY yard, daggum it!:(

    And there is where I believe it gets problematic. Cellphones are a contract device whereby the user contracts with a provider for its use. The provider then sets rules for its use; the FCC then sets the Federal guidelines (license) under which such devices may be used and the provider must abide by those rules as set forth in any license granted. Under state and local authority, the devices may be directly regulated as a consumer product. A two way radio is different because the user is directly licensed by FCC for its use. FCC, thus, has set the rules for the USER as said direct licensee then abides by those rules. Therefore, the state would have to come TO the FCC to appeal for any change in those regulations to permit local restrictions. About 10 years ago, FCC allowed local jurisdictions to become directly involved in CB interference complaints, and such involvement must involve FCC's guidance. They did NOT grant such leeway for amateur radio interference complaints, nor allow local jurisdictions to regulate Amateur Radio. Because such regulation has not yet been allowed, I believe that it is STILL FCC that must decide if ham radio is to be curtailed locally. I do not believe that that is the intent of Congress OR FCC that anything of the sort should happen.

    Traditionally Amateur Radio has been allowed to do certain things under Part 97. That includes unrestricted "transport of mobile amateur radios across state boundaries for the purpose of operating on authorized frequencies". We have history, federal regulations, technical differences, and PRECEDENT in our favor. Many of us are reading Docket #91-36 and, even despite what it says, deny the intent and purpose of Congress and FCC. The language cannot be any plainer. And if FCC's intent was "to encourage unrestricted MOBILE amateur operations and emergency communications across state boundaries" (my quote), then it is just as valid today as it was then. Why? Because it is in the permanent court record. A precedent that led to a decision to exempt Amateur Radio from state laws (with conditions) and stop unlawful equipment seizure and fines of licensed amateurs for doing what they are FEDERALLY permitted to do. Its not *just* a letter, a comment, an aside. It is a precedent, a legal part of the law. Past precedent is used in present court cases to render decisions. An attorney would be derelict in his duty if he did not research past precedent in order to win his case. WE should not ignore this one!

    I think we have an opportunity to win a victory for our hobby using history, the law, and past precedent. Restricting hams from engaging in mobile communications will NOT achieve ANYTHING for the states. It would force state and local jurisdictions to "show cause" why amateur radio is a direct cause of "distracted driving". They CANNOT because such "cause does NOT exist! It is just another useless, "feel-good" law that does nothing to curb the dangerous use of cellphones, texting, and gaming.

    Lastly, If Amateur Radio is allowed to be restricted by the states, what OTHER restrictions will they attempt to force upon us? Once they get their foot in the door, open it wider, it could ultimately slam shut on us. Now is the time to stop it once and for all! And until the states could show that WE are a cause of "distracted driving", then no further action needed UNTIL they could show FCC such cause. Lacking this needed action by FCC, we will be fighting this for years trying to ward off this threat.
     
    Last edited: Jan 11, 2018
    WZ7U likes this.
  6. K4KWH

    K4KWH Ham Member QRZ Page

    I just now discovered that Windows 7 won't LET me merely copy and paste text. Never have I seen such illogical protocols. Because I typed the letter on a Windows XP computer, one I use for the upstairs office, it won't allow me to send it to a disc, then copy and paste as text. So I printed out the letter and brought it down to the internet computer and Windows 7. Now it wants me to copy the letter and paste it as an attachment to my post and I don't know how to force it to accept plain text. Can anybody help?
     
  7. NN4RH

    NN4RH Premium Subscriber QRZ Page

    Yeah. Ive got about 200 billion of the things on my front lawn right now and the only thing you can do with them is rake them and bag them. They dont mulch or compost worth a darn.
     
  8. K4KWH

    K4KWH Ham Member QRZ Page

    Yeah.....I know, and they HURT, too, if you step on one *barefoot")!:p
     
  9. W0DV

    W0DV XML Subscriber QRZ Page

    The only thing a person should be doing while driving, is giving full attention to that task. I don't care if its a Cellphone, GPS, HT, Mobile Radio, etc.
    Do not use them unless you are not moving. If you cant comprehend this, then shouldn't have a license to drive.
    Sadly, many learn the hard way everyday.
     
  10. KT1F

    KT1F Ham Member QRZ Page

    What does it mean to put something that doesn't exist in quotes and then add (my quote)? People often do "(my bolding)" etc but I've never seen someone make something up and then say "(my quote)".

    Here's a text copy of docket #91-36. http://www.redwaveradio.com/11_7b99f40cef5cc707_1.htm Use ctrl-f or similar in your browser. That's better than the one on arrl.org which is just an image.
     
    Last edited: Jan 12, 2018

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