Illegal radio use

[Ilikeradiostuff]

Hello, I have already decided how to handle the situation, but a business is illegally transmitting with no license on the amateur radio bands, what laws are they specifically breaking? I know it’s illegal but would like the exact section to quote, thank for any help, much appreciated, KO4PZB

 

[Hit_Factor]

Amateur Radio Service

About Rule Part 47 C.F.R, Part 97 Radio Service Code(s) HA - Amateur HV - Amateur Vanity

www.fcc.gov

 

[mass-man]

Yep...Part 97

 

[dlwtrunked]

Hello, I have already decided how to handle the situation, but a business is illegally transmitting with no license on the amateur radio bands, what laws are they specifically breaking? I know it’s illegal but would like the exact section to quote, thank for any help, much appreciated, KO4PZB

You do not need to quote anything...report it to the FCC. If you talk to them, they will just move to another frequency and illegally transmit. I would talk to the ARRL and ask them who to complain to as the FCC site is mostly set up for complaint involving phone service.

 

[vagrant]

I would just tell them about the error and provide them with frequencies they should be using, or radios they could be using, if applicable. People make mistakes and a company using it for business doesn't seem to be using it to interfere. Help them to know and use the correct frequency. You know...treat them like you would like to be treated. Also, why wait for the FCC? A friendly conversation without veiled threats goes a long way. It is easy to escalate, but usually unnecessary. Going in with a helpful attitude and a list of valid frequencies for them to use versus quoting or a providing a printout of Part 97 seems prudent for an initial contact.

Happy Thursday everyone.

 

[mass-man]

Freakin great advice!!!

 

[bharvey2]

I've encountered the same problem but they were using GMRS frequencies (not FRS which they'd be entitled to use.) It took a couple of contacts to get them to understand what they were doing (and the potential consequences) but they eventually stopped as near as I could tell. Just be friendly and helpful. You know what they say about flies and honey.

 

[rescuecomm]

I predicted this when the FCC required imported radios to be locked into the ham bands if that is what they are advertised as. Now anyone who orders four walkie talkies to use at work or play is on two meters or 440. Just frigging wonderful.

 

[bharvey2]

I predicted this when the FCC required imported radios to be locked into the ham bands if that is what they are advertised as. Now anyone who orders four walkie talkies to use at work or play is on two meters or 440. Just frigging wonderful.

I think "unprogrammed" should be the default. That would require the user to make at least some effort to determine a proper frequency, at least in theory. The FCC never consults me though.

 

[SmitHans]

I think "unprogrammed" should be the default. That would require the user to make at least some effort to determine a proper frequency, at least in theory. The FCC never consults me though.

I also think a valid license for the desired band/service should be required to buy a radio that transmits on that service.

 

[a417]

You do not need to quote anything...report it to the FCC. If you talk to them, they will just move to another frequency and illegally transmit. I would talk to the ARRL and ask them who to complain to as the FCC site is mostly set up for complaint involving phone service.

This.

Let the radio police be the radio police.

 

[vagrant]

If a business was using 146.520 MHz in your area, you would prefer to wait for the FCC versus a friendly heads up? Honest question. I also honestly wonder how long it would actually take the FCC to handle it. Does anyone know of an instance and the timeframe where the FCC did that for the amateur bands? I guess if they are quick to jump then I would probably agree, but what is "quick" to the FCC? ( I am not being sarcastic here )

Let the radio police be the radio police.

 

[K6GBW]

Most businesses don't know anything about radios. They just want to get their work done and buy them without knowing what they're doing. Just let them know they are on ham frequencies and I bet they stop immediately because they don't want trouble.

 

[chrismol1]

Whats the 1st channel/freq of these ham locked CCR? 144.000, 144.025, 144.075?? 440?

 

[DeoVindice]

If a business was using 146.520 MHz in your area, you would prefer to wait for the FCC versus a friendly heads up? Honest question. I also honestly wonder how long it would actually take the FCC to handle it. Does anyone know of an instance and the timeframe where the FCC did that for the amateur bands? I guess if they are quick to jump then I would probably agree, but what is "quick" to the FCC? ( I am not being sarcastic here )

If a business was using 146.520 near me, they'd essentially have exclusive use of it!

 

[jeepsandradios]

Been dealing with this in GMRS and business bands for years. Glad the hams get to partake in the fun finally....

 

[bharvey2]

I also think a valid license for the desired band/service should be required to buy a radio that transmits on that service.

I've always been "on the fence" on this one. The end user is responsible for his or her own actions and the seller shouldn't need to police those. Under the "need a license" scenario, my wife would be unable to buy me a radio as a gift. (Why would I want to discourage that?) If the seller sells a product (radio) that requires deliberate effort (programming) by the end user before that radio can be used (for good or for evil) that seems sufficient due diligence to me. Others may disagree but hey, this is just a forum. I won't lose sleep over it.

 

[Token]

I also think a valid license for the desired band/service should be required to buy a radio that transmits on that service.

I absolutely, vehemently, disagree. Even if you could make it work for new radio sales (and I still disagree with that) how would you handle used radios? And what about home brew or kit built radios, how would those fall in such a regulated acquisition market?

If I sell a radio to Joe Bag Of Donuts and he shows me a fake license (anyone can print one), should I be held legally responsible for selling to an unlicensed person? Should we also do background checks to confirm license status before we sell used radios? Perhaps we should only allow radio sales, new and used, at and through a licensed radio dealer to insure compliance?

It is already illegal to transmit on a frequency or in a service for which you are not licensed. Adding another level of regulation would not make it any more illegal, it would only increase average cost and procurement complexity.

How many ham radio operators have purchased a radio while studying for the test and before they were licensed? How many have been kept curious by monitoring the radio? Sure, a few bootleg before they are licensed, and a few more never get licensed at all, but in general being able to buy radio gear without a license has encouraged many people to the hobby.

I know I built my first transmitter before I had a license, while I was studying for my Novice ticket. If I had not built it I would have bought one, either a kit or pre-built, during the same time period. Having that station waiting was something that spurred me along in my studies and practice. When my paper license arrived I was ready to go, and made my first contact that night.

One of the basics of US law and history is that generally you are responsible for your actions. This means we are free to own many things that citizens of some other nations require permission to own. You can buy a car without having a drivers license, it is up to you to not break the law by driving without a license. You can buy a semi truck without a CDL, it is up to you to know if you can drive it or not. You can buy an airplane without a pilots license, it is on you if you try to fly it illegally.

The end user is responsible for his/her actions, not the person selling them the hardware.

T!

 

[vagrant]

Other than a CB and 49MHz gear, my first “transceiver” was a Baofeng handheld in the summer of 2012 and I was not licensed. Shortly after receipt of the radio I figured I should get licensed if I needed to use it on the Amateur bands. Within a month I had my General license. Again, I was initially licensed just in case and never intended to use it.

Well, I learned quite a bit and stretched my legs on the bands that same year. My first contact was via SO-50 using that Baofeng. I also jumped right in on local HF nets and ragchew sessions, along with SSTV, contesting, PSK31 and a truckload of other aspects the hobby offers. It was all due to that $20 Baofeng, the gateway radio. Plenty has been spent on better radios since then, but that was the start and it has been fun ever since.

While I knew better about licensing, I can see where others are unsure or even unaware about licensing and what frequencies are available to them. If I had to be licensed first, I am unsure/doubtful I would have moved forward. I didn’t even get my GMRS license until a few years ago.

I also think a valid license for the desired band/service should be required to buy a radio that transmits on that service.

 

[bharvey2]

If you're willing to initiate a face to face, you can demonstrate that their comms aren't private. That really tends to shock a lot of people who are unfamiliar with radios. That is often a good motivator to get a part 90 radio that CAN be encrypted. Furthermore, it might demonstrate to them that you have their interests in mind and aren't just being a "Karen".