The specifics of the station received in this thread, its power level, location, and service, can be found here:
ULS License - Broadcast Auxiliary Remote Pickup License - KMK282 - SACRAMENTO TELEVISION STATIONS, INC - Frequencies Summary
First, do I believe it is wrong to listen to such stations? Nope, not at all. Is it legal to listen to such stations? This is where I get very unsure. This argument comes up periodically, and sometimes people say it is legal and sometimes they say it is not. I don’t know. But, there are no videos on my YouTube channel of such stations
Now…my log book might be a different story…
Seriously, even if this is technically illegal (to monitor a broadcast ultimately intended for public consumption but NOT on a frequency intended for public use) do the appropriate authorities have nothing better to do than go after a half a dozen radio hobbyist? Are there no more important things for them to be pursuing? I rather doubt anyone will spend time going after someone for listening to these links.
What I have seen is this:
18 U.S.C. (s) 2510 (16)
“readily accessible to the general public” means, with respect to a radio communications, that such communications is not –
(E) transmitted on frequencies allocated under part 25, subpart D, E, or F of Part 74, or Part 95 of the Rules of the Federal Communications Commission, unless, in the case of communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communications is a two way voice communication by radio;
I think, but am not sure, that the above says it is technically illegal to monitor these auxiliary broadcast links.
Simplified, as I read it, something is deemed
not readily accessible to the public, and so it cannot legally be listened to, if it is transmitted on a frequency allocated under Part 25, subparts D,E, or F of Part 74, or Part 95, and if the transmission is
not a two way communication by radio.
To me this means if it is transmitted on one of these specific frequencies and it is a two way radio communication and it is not encrypted it is fair game, but other than that it gets a little less cut and dried. These auxiliary stations are not two way radio communications. And, these RP stations are indeed allocated under subpart D of Part 74. Section 74.402 (a)(2) clearly defines the frequencies (specific channelized frequencies from 25.87 to 26.47), including specifically 26.11 MHz.
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