scanning legality question

[n4voxgill]

Question for Mozilla, where in the Florida law that prohibits installation of a scanner does it require that it be turned on?

gill

 

[K5MAR]

I hold a GMRS license, I wonder if that would qualify?

The law only exempts amateur radio license holders.

I would debate this a bit.

I Think the wording is such as stations licensed by the FCC and Amature Radio Operaters. A GMRS license is a FCC issued license.


Same as a GROL General Radiotelephone Operator License. Its a FCC License and is issued by the FCC.

This is the exemption paragraph taken from the FL Scanner law.

This section shall not apply to any holder of a valid amateur
radio operator or station license issued by the Federal
Communications Commission or to any recognized newspaper or news
publication engaged in covering the news on a full-time basis or
any alarm system contractor certified pursuant to Part II of
Chapter 489, Operating a Central Monitoring System.

You are taking it out of context. It is:

any holder of a valid amateur radio operator or station license

. Yes, there is an amateur radio station license. See FCC Rules & Regulations Part 97.5 Station License Required, which is seperate from Part 97.7 Operator License. Specifically:

97.5(b) The types of station license grants are:

(1) An operator/primary station licensee.
(2) A club station licensee.
(3) A military recreation station license.
(4) A Races station license grant.

I trimmed the license details from the above, and it goes on to specify who may hold a station license grant. As an example, the radio club I'm a member of holds station licenses for the local American Red Cross and Salvation Army chapters with which we are affiliated, as well as the city EOC. Here is a link to the Part 97 rules:
http://www.arrl.org/FandES/field/regulations/news/part97/

Mark S.

 

[EMS12]

Taking it out of context?

Read what it says.

This section shall not apply to any holder of a valid amateur
radio operator or station license issued by the Federal
Communications Commission or to any recognized newspaper or news
publication engaged in covering the news on a full-time basis or
any alarm system contractor certified pursuant to Part II of
Chapter 489, Operating a Central Monitoring System.


To a holder of a valid amature radio operator OR a station license issued by the FCC.

Now a station license is a number of things. A GMRS is a station license. As is a GROL as it permitts operation on land mobile and Maritime STATIONS.

The amature radio license is not the only station license issued by the FCC. There are several that the FCC issues.

 

[EMS12]

Taking it out of context?

Read what it says.

This section shall not apply to any holder of a valid amateur
radio operator or station license issued by the Federal
Communications Commission or to any recognized newspaper or news
publication engaged in covering the news on a full-time basis or
any alarm system contractor certified pursuant to Part II of
Chapter 489, Operating a Central Monitoring System.


To a holder of a valid amature radio operator OR a station license issued by the FCC.

Now a station license is a number of things. A GMRS is a station license. As is a GROL as it permitts operation on land mobile and Maritime STATIONS.

The example you give are station grants in the Amature Radio Service. As I said there are other station grants in other services.

The amature radio license is not the only station license issued by the FCC. There are several that the FCC issues.

 

[crayon]

To a holder of a valid amature radio operator OR a station license issued by the FCC.

Your misquoting the law.

"... OR a station license .. " would in fact indicate the intent is to group all station licenses into one catagory for exemption.

However, the law reads: "To a holder of a valid amateur radio operator or station license issued by the FCC."

Clearly, either the opterator or the station must be in the amateur class.

 

[SCPD]

Clumping all the posts together....shakes his has and mumbles to self...no wonder lawyers are making so much money.

I agree with mciupa though...
Be discrete and don't attract attention and you should be fine.

You'd be in a heap of trouble if you were say roaming around darkened businesses in the middle of the night with the scanner humming along beside you and you got pulled over. Might be we'd see you on the next episode of COPS. Good news is your scanner would be available at police auction. :roll:

 

[EMS12]

Your missing the point.

Lets look at just this point.

or station license issued by the FCC

Do you think the only station license issued by the FCC is a amature radio license?

Do a search on the FCC web site and see how the FCC defines a station license. A station license is a license issued by the commision to operate a station.

So a holder of a GMRS license is a holder of a station license issued by the FCC. A licensed GMRS operator has authorizon to use his station same as a amature radio operator.

The News media are issued a station license to brodcast on the air. WTVJ Miami. That is why there exempt. Not beacuse they do a service by monitoring scanners and chassing ambulances. But beacuse they have a station license issued by the FCC.

Amature radio operator or station license issued by the FCC. Station license as defined above.

THis all comes down to the wording Station license As stated the FCC defines a station license as a grant to operate a station. A license issued by the FCC is a station license. And amature radio is not the only station license the FCC issues.

 

[loumaag]

Clearly, either the opterator or the station must be in the amateur class.

Crayon is correct. The wording of the law is quite plain.

Amateur radio licenses, as issued to individuals are both an "Operator" license and a "Station" license. On the actual license those two sections are seperate and each has a classification in it. To legally operate a amateur radio, you must possess a valid operators permit allowing the use of the frequency being used and the station must be licensed. For individuals, your primary station address is used as the station license location. It is possible for an entity to possess only a "Station" license, such as clubs, etc.; no operator privilege is granted via the station license however.

 

[loumaag]

Your missing the point.

No, you are missing the point by reading things into the statement that are not there.

Lets look at just this point.

or station license issued by the FCC

Do you think the only station license issued by the FCC is a amature radio license?

No; no one thinks that the only class of station licensed by the FCC is an amateur class, nor did anyone say that. You; however, are taking the statement out of context. As has been pointed out several times already.

So a holder of a GMRS license is a holder of a station license issued by the FCC. A licensed GMRS operator has authorizon to use his station same as a amature radio operator.

Yes, a GMRS license holder may operate his GMRS licensed station in accordance with the rules. However, the state of Florida has not issued an exemption them. If they did, there would be a sentence somewhere in the law that read like:
This section shall not apply to any holder of a valid GMRS operator or station license issued by the Federal Communications Commission, or amateur radio operator or station license issued by the Federal Communications Commission or to any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to Part II of Chapter 489, Operating a Central Monitoring System.
Which you will note it does not read like.

The News media are issued a station license to brodcast on the air. WTVJ Miami. That is why there exempt. Not beacuse they do a service by monitoring scanners and chassing ambulances. But beacuse they have a station license issued by the FCC.

Wrong, they are exempt because the law exempts news organizations. You will note that the law does not exempt the station, but rather just the news gathering part of any entity covering the news on a full time basis. It also exempts the alarm companies, but it does not exempt taxi cabs, tow truck operators, buses, or anyone else who may hold a FCC operation permit/station license.

THis all comes down to the wording Station license As stated the FCC defines a station license as a grant to operate a station. A license issued by the FCC is a station license. And amature radio is not the only station license the FCC issues.

Everything you say in this quote block is correct; however, your interpretation of the Florida law is not. If you think it is, why don't put your GMRS license in your pocket, put a note in your back window saying something like, "I have a police scanner in operation in my car.", and drive down the street. See if your argument holds water in court.

 

[EMS12]

Well I do not have a GMRS license.

Its all in the interpretation of what is written.

A station license is just that a license to operate a station. It's issued by the FCC to operate a station.

The law leaves a lot to be interpreted. A station license is a broad range of license issued by the FCC. In fact a GMRS license a GROL license a Broadcast license are all station license issued by the FCC. That placement of OR is big and changes the meaning. Amature Radio Operater OR a station license issued by the FCC.

As I said its the defintion of a station license that opens its up to interpretation.

I am reading it different I guess. It seems to me that it exempts Amature Radio Operators and those issued a station license by the FCC.

 

[Videokid]

GMRS is commercial in nature.

Wrong.

http://wireless.fcc.gov/services/personal/generalmobile/licensing/eligibility.html

Tom

You're right.

 

[scooby750]

I believe this has been answerd correctly but I will follow up on it a little more basicaly being I am not a lawyer. I live in Okaloosa county Fla and the law states here that no scanner may be hardwired to a vehicle. I.e not too the battery of a vehicle , plugged into cigaret lighter, or using any form of power from a vehicle. The home is an allowable listening area. Vehicle listening is allowed if you are using batteries and the radio is not set into a fixed holding device such as a phone holder or clamping device.

Hope this brief answer helps. And good listening.

Scooby

 

[colheli]

Bryan,

The problem here is that you are adding an a to the equation, right in front of station license. There is no "a station license", it's "amateur operator or station license". In other words, if you have either A) an amateur operator license, or B) an amateur station license, then you are exempt. As I read it, the station license must be an amateur station license, or you are sunk. But, I could be wrong...........as someone else said.........if you are so sure of your interpretation, run around town holding up a big sign, and see how far you get.

 

[SCPD]

Another idea:
Have you thought of actually asking the local PD about it? Just stop by a station at some point and just put it to them. There must be a public relations person that will either be able to answer the question or point you in the direction of someone who can. After all, it is not like you are trying to hide something, sounds like you want to try and respect the law and I don't think they'd be upset with you for that.

 

[loumaag]

... Amature Radio Operater OR a station license issued by the FCC. ...

Part of the problem is you keep adding words in the sentence that are not there in reality. Try saying this a few times then read the law again:

• ...valid amateur radio operator or station license...

:lol:

 

[N_Jay]

Send it to your high school english teacher to interpret.

 

[EMS12]

LOL


Well yeah in that reguard I did put an a in there. But the gist of it still holds a bit of water.

If you were going to argue the case and say I have a "station license" issued by the FCC. Its not a amature radio station license but it is a station license and its issued by the FCC there for I am exempt.

The thing that still sticks out in my mind is "Amature Radio Operater or station license issued by the FCC. Why would they say the same thing twice? A amature radio license is a station license same as a PG or a GMRS.

Its just to vauge as a lot of our laws are.

 

[Mozilla]

Florida law

Question for Mozilla, where in the Florida law that prohibits installation of a scanner does it require that it be turned on?

gill

If its installed and would be capable of rx on the frequency types specified in the statute whether its on or not does not seem to matter. The focus /intent is on the install... I posted a question to a legal advisor requesting an updated ...it will probably be early next week before I get an answer.

 

[colheli]

LOL


Well yeah in that reguard I did put an a in there. But the gist of it still holds a bit of water.

If you were going to argue the case and say I have a "station license" issued by the FCC. Its not a amature radio station license but it is a station license and its issued by the FCC there for I am exempt.

The thing that still sticks out in my mind is "Amature Radio Operater or station license issued by the FCC. Why would they say the same thing twice? A amature radio license is a station license same as a PG or a GMRS.

Its just to vauge as a lot of our laws are.

If it meant what you interpret it to mean, it would be probably be worded more like "an Amateur Radio Operator license or a station license issued by the FCC". The fact that there is no "license" after "amateur radio operator" indicates that they lump the operator and station together, both in the amateur class.

 

[n4voxgill]

Up until a few years ago, when you got your amatuer license there was a large license that had your name and address and in big letters said station license, then there was a small one to carry in your wallet that on one half said station license that had your address and the other side did not and that was your operating license that was valid in all of the United States.

Way back in olden days, the Dept. Of commerce issued tha ham statioj license and the FCC the operating license.

When reading the statute on scanners, you can't seperate the two parts of the sentence.