Cops or police officers have no jurisdiction on two way communications unless you causing a danger with your antenna system. Cops are not educated on this topic they don’t understand the federal laws of communications (FCC). My neighbor call the cops on me one day 30 years ago for RFI. Cop made up a wild charge of noise complain, I told him RFI is not noise and that communications is not within his jurisdiction. I indicated he (my neighbor) would have to submit a complain thru the fcc office and the complaint is a federal issue not a local issue. After barging into my house I told him(the cop) and his partner that they are trespassing and to kindly leave my property. They left but with a threat that anymore complains they would come back to arrest me. They never came back.
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police problems
- Thread starter weemanspain
- Start date
- Status
You're not entirely correct. Depending on the situation at the time, they can push the issue and consult with the states attorney for their county and upon their advise can make an arrest to assist a federal agency. Hence the FCC in this case.
It's been done here in Ill. in the past. :wink:
73,
n9zas
Stephen
Member
Wow peter your so brave to tell them that. On another note you are incorrect, many states have laws regarding wireless communication, whether it be communicating threats, causing harm to other systems, or accessing system owned or operated by others. I am glad you are there to tell the police where their jurisdiction ends and starts, because without you they would be so lost.
At one time it was true that local or state enforcement agencies had no jurisdiction. For CB radio that's not true anymore, the FCC has delegated that complaint thingy to local/state agencies. If there's no federal license involved then it's not federally preemptive anymore. Don't remember when that happened but it's been a while.
- 'Doc
- 'Doc
The police are lost! they are in a territory so unfamiliar to them they are not educated in this field. Arresting a radio operator for RFI is false arrest and a future law suit without knowing all the facts. There was an article back in the 80s on CQ magazine that state 90% of most RFI is not the fault of the radio operator or his equipment. But the fcc wanted the radio operator to take care of this mess. So you see where I stand on this issue. Yes cops would invade your home handcuff you make all kinds of noise like if they know the federal law and drag you to jail on some made up charge. You have two options in this scenario. you could either let the local police trample your rights shut off your radio and be intimidate, speak out fight the system and wind up with legal bills and hope to recuperate funds on a law suit. I’m poor but is hard to imagine a cop walking into my home and arrest me for BS. i live in new york city and yes laws have change in 30 years and with the 911 murders. i would like to hear more police incidents on this particular topic.
CaptDan
Member
Now there is a stupid idea if I ever heard one. Not able to tell if you were being sarcastic or not.
rapidcharger
Member
Consider the source.
Token
Member
See H.R. 2346 (106th Congress, 2000) and Title 47, USC 302a, (f)(1). States do have the authority to enforce and police CB if they have given themselves such authroity.
“(f) State and local enforcement of FCC regulations on use of citizens band radio equipment
(1) Except as provided in paragraph (2), a State or local government may enact a statute or ordinance that prohibits a violation of the following regulations of the Commission under this section:
(A) A regulation that prohibits a use of citizens band radio equipment not authorized by the Commission.
(B) A regulation that prohibits the unauthorized operation of citizens band radio equipment on a frequency between 24 MHz and 35 MHz.”
Since CB is licensed by rule, any violation of the rules would be “unauthorized operation”. Although I can’t find specifics right now I remember reading in the past that several states have passed laws concerning CB enforcement.
T!
milkman21218
Member
WHERE HAVE YOU BEEN? Bill Clinton signed that into LAW. ALL STATES CAN ENFORCE THIS. And Maryland uses it to make money. Maryland has been doing this for several years. A truck crosses the scales and DOT looks into the truck. They see a 10 meter/Export/Amateur radio. Then they ask if you have a license to operate that radio. If you do have one it will cost you a $7,500 fine and up. This is what made me get my Ham ticket.
Q: Does the bill HR 2346 give local law enforcment the juridition to monito cb radio interferance. Cb and HAM was the jurisdiction of the FCC. I just read an article that said it was passed. The gov. was trying to add that part in it. Did it get put in?
A: the FCC shall "provide technical guidance to state and local governments regarding... violations"
President Bill Clinton has signed legislation that permits the enforcement of certain FCC Citizens Band regulations by state and local governments. Amateur Radio operators are exempt from the provisions of the law, now PL 106-521.
Congressional lawmakers saw the measure as a way to give a voice to those experiencing radio frequency interference resulting from illegal CB radio operation. The FCC will not yield its authority to regulate Citizens Band or other radio services, however.
In short, the measure authorizes states and localities to enact laws that prohibit the use of unauthorized CB equipment--consistent with FCC regulations. This would include the use of high-power linear amplifiers or equipment that was not FCC-certificated (formerly called "type-accepted").
Specifically, the bill enables state or local regulation over the "use of Citizens Band radio equipment not authorized by the Commission" and "the unauthorized operation of Citizens Band radio equipment" between 24 and 35 MHz. FCC-licensed stations in any radio service--including the Amateur Service--are excluded from such state or local enforcement, and state or local laws enacted under this legislation must identify this exemption.
Anyone affected by the enforcement of such legislation could appeal to the FCC if they believed the state or local government had overstepped its authority under the new law. Any applicable state or local law would not preclude the FCC from enforcing regulations in a given case at the same time.
The new law also says the FCC shall "provide technical guidance to state and local governments regarding the detection and determination of violations" of any regulations localities might enact.
The bill--HR.2346 is the House version; it was S.2767 in the Senate--actually is the old Senate "Feingold bill" from several sessions ago. After introducing his original version a few years back, Wisconsin Sen Russell Feingold requested assistance from the ARRL to rewrite the measure to ensure that licensed hams could not be affected, that the bill featured a wealth of "due process" provisions, and that the concept of federal preemption over telecommunication activities wouldn't be compromised. The bill signed by the President is nearly identical to the Feingold bill.
The bill's sponsor, Rep Vernon Ehlers of Michigan said Amateur Radio operators encouraged him to introduce the measure in the House last year. Ehlers maintained that the local hams asked him to support the bill because of the bad rap they were getting from illegal CBers using high-power linear amplifiers that resulted in TV and telephone interference while the CBers involved hid behind federal preemption.
Last edited:
milkman21218
Member
President Signs CB Enforcement Bill
NEWINGTON, CT, Nov 29, 2000--President Bill Clinton has signed legislation that permits the enforcement of certain FCC Citizens Band regulations by state and local governments. Amateur Radio operators are exempt from the provisions of the law, now PL 106-521.
Congressional lawmakers saw the measure as a way to give a voice to those experiencing radio frequency interference resulting from illegal CB radio operation. The FCC will not yield its authority to regulate Citizens Band or other radio services, however.
In short, the measure authorizes states and localities to enact laws that prohibit the use of unauthorized CB equipment--consistent with FCC regulations. This would include the use of high-power linear amplifiers or equipment that was not FCC-certificated (formerly called "type-accepted").
Specifically, the bill enables state or local regulation over the "use of Citizens Band radio equipment not authorized by the Commission" and "the unauthorized operation of Citizens Band radio equipment" between 24 and 35 MHz. FCC-licensed stations in any radio service--including the Amateur Service--are excluded from such state or local enforcement, and state or local laws enacted under this legislation must identify this exemption.
Anyone affected by the enforcement of such legislation could appeal to the FCC if they believed the state or local government had overstepped its authority under the new law. Any applicable state or local law would not preclude the FCC from enforcing regulations in a given case at the same time.
The new law also says the FCC shall "provide technical guidance to state and local governments regarding the detection and determination of violations" of any regulations localities might enact.
The bill--HR.2346 is the House version; it was S.2767 in the Senate--actually is the old Senate "Feingold bill" from several sessions ago. After introducing his original version a few years back, Wisconsin Sen Russell Feingold requested assistance from the ARRL to rewrite the measure to ensure that licensed hams could not be affected, that the bill featured a wealth of "due process" provisions, and that the concept of federal preemption over telecommunication activities wouldn't be compromised. The bill signed by the President is nearly identical to the Feingold bill.
The bill's sponsor, Rep Vernon Ehlers of Michigan said Amateur Radio operators encouraged him to introduce the measure in the House last year. Ehlers maintained that the local hams asked him to support the bill because of the bad rap they were getting from illegal CBers using high-power linear amplifiers that resulted in TV and telephone interference while the CBers involved hid behind federal preemption.
Ehlers says that when he was contacted initially by a frustrated constituent who had been experiencing TV, radio and cordless telephone interference, he thought the problem was an isolated incident. The CBer in question was using an illegal 100-W amplifier, he said, and the FCC told his constituent that it did not have the personnel to enforce CB lawbreakers around the country. Ehlers says he introduced his bill as a result.
As did Feingold before him, Ehlers asked the ARRL to review his measure to ensure that it would not unintentionally harm Amateur Radio.
The bill was amended in the Senate, which made a specific change requested by the American Trucking Association. The final version contains language with respect to CB gear aboard a "commercial motor vehicle" (as defined in Title 49, §31101 of the US Code) requiring that state or local authorities have probable cause that the vehicle or its operator was in violation of the regulations before they attempt to enforce such a statute. On the House floor, Ehlers said truckers were "worried about perhaps being harassed by improper use of the law."
During discussion of the bill on the House floor--as reported in The Federal Register--one member spoke of "rogue operators" whose routine CB radio operation at excessive power levels left victims "helpless" to defend themselves. "When these operators boost their CB power levels, it often causes bleeding into nearby frequencies," the congressman said.
The bill passed the House under suspension in September, and passed the Senate at the end of October under unanimous consent. The measure went to President Clinton for his signature on November 14.
A copy of the new legislation is available on the ARRLWeb.
NEWINGTON, CT, Nov 29, 2000--President Bill Clinton has signed legislation that permits the enforcement of certain FCC Citizens Band regulations by state and local governments. Amateur Radio operators are exempt from the provisions of the law, now PL 106-521.
Congressional lawmakers saw the measure as a way to give a voice to those experiencing radio frequency interference resulting from illegal CB radio operation. The FCC will not yield its authority to regulate Citizens Band or other radio services, however.
In short, the measure authorizes states and localities to enact laws that prohibit the use of unauthorized CB equipment--consistent with FCC regulations. This would include the use of high-power linear amplifiers or equipment that was not FCC-certificated (formerly called "type-accepted").
Specifically, the bill enables state or local regulation over the "use of Citizens Band radio equipment not authorized by the Commission" and "the unauthorized operation of Citizens Band radio equipment" between 24 and 35 MHz. FCC-licensed stations in any radio service--including the Amateur Service--are excluded from such state or local enforcement, and state or local laws enacted under this legislation must identify this exemption.
Anyone affected by the enforcement of such legislation could appeal to the FCC if they believed the state or local government had overstepped its authority under the new law. Any applicable state or local law would not preclude the FCC from enforcing regulations in a given case at the same time.
The new law also says the FCC shall "provide technical guidance to state and local governments regarding the detection and determination of violations" of any regulations localities might enact.
The bill--HR.2346 is the House version; it was S.2767 in the Senate--actually is the old Senate "Feingold bill" from several sessions ago. After introducing his original version a few years back, Wisconsin Sen Russell Feingold requested assistance from the ARRL to rewrite the measure to ensure that licensed hams could not be affected, that the bill featured a wealth of "due process" provisions, and that the concept of federal preemption over telecommunication activities wouldn't be compromised. The bill signed by the President is nearly identical to the Feingold bill.
The bill's sponsor, Rep Vernon Ehlers of Michigan said Amateur Radio operators encouraged him to introduce the measure in the House last year. Ehlers maintained that the local hams asked him to support the bill because of the bad rap they were getting from illegal CBers using high-power linear amplifiers that resulted in TV and telephone interference while the CBers involved hid behind federal preemption.
Ehlers says that when he was contacted initially by a frustrated constituent who had been experiencing TV, radio and cordless telephone interference, he thought the problem was an isolated incident. The CBer in question was using an illegal 100-W amplifier, he said, and the FCC told his constituent that it did not have the personnel to enforce CB lawbreakers around the country. Ehlers says he introduced his bill as a result.
As did Feingold before him, Ehlers asked the ARRL to review his measure to ensure that it would not unintentionally harm Amateur Radio.
The bill was amended in the Senate, which made a specific change requested by the American Trucking Association. The final version contains language with respect to CB gear aboard a "commercial motor vehicle" (as defined in Title 49, §31101 of the US Code) requiring that state or local authorities have probable cause that the vehicle or its operator was in violation of the regulations before they attempt to enforce such a statute. On the House floor, Ehlers said truckers were "worried about perhaps being harassed by improper use of the law."
During discussion of the bill on the House floor--as reported in The Federal Register--one member spoke of "rogue operators" whose routine CB radio operation at excessive power levels left victims "helpless" to defend themselves. "When these operators boost their CB power levels, it often causes bleeding into nearby frequencies," the congressman said.
The bill passed the House under suspension in September, and passed the Senate at the end of October under unanimous consent. The measure went to President Clinton for his signature on November 14.
A copy of the new legislation is available on the ARRLWeb.
did i mention that i'm in new york city! the cops do all the shooting here. ex sean bell etc.
TheSpaceMan
Member
The only time I have seen police activity linked in any way to CB use was at truck stops. Hookers in vans connect with truckers over the air, and "illegal activities" followed!
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