Swen_out_west had a really bad go of it. I remember when he first started posting about his experiences. They were apparently brutal to him in his location. I felt genuinely bad for the guy. Nobody should have to endure that, IMHO.
On the flip-side
, I personally see setting a tone and then just transmitting with high power without regard for existing traffic on a channel as negligent interference. If someone does it to get other traffic to move channels, I would consider that malicious interference. I always consider FRS users as on equal access entitlement as GMRS (of course, with repeaters, that's almost impossible due to many current FRS low power transmit). It's a judgement call for myself and those in my family. I trained them to open squelch or watch the busy light before transmitting with tone squelch set. I almost set busy channel lockout on our repeater for the same reason but realized that with some of the local jammers, they would quickly use it to make the repeater useless.
I tried not commenting on this but it's not in my nature.
So you're saying that a 2 watt FRS radio has the same rights as a licensed GMRS user legally allowed to run 50 watts and trying to be as respectful and legal as possible. I do open the squelch up as much as possible and as I have mentioned in the past I have many users legitimately using FRS radios on the same channel and make room for them as much as possible.
The hypocrisy and double standards I have met with is amazing. I just love the comment I had with one of the top Hams in town a couple of months back regarding the two who come on and harass, purposely jam and spout White Supremacy B.S, using their ham rigs running 50 watts (no they do not have a GMRS license, they still believe their HAM license allows them to), 'GMRS/FRS is a good place for them would you rather have them acting like that on HAM frequencies." The answer is yes, GMRS is a licensed service just like Amateur and Business Band frequencies.
But yes, there are times that I have to enable DCS and just go. Between frick and frack, as well as, the garbage from the FRS kids I shouldn't have to stop using to make way for them. I am using one out of 8 channels and have intentionally stayed on one and only one. There are 7 others they can play on. not to mention 14 other FRS channels. But it isn't an issue of using that channel, it's an issue of wanting to harass and act like idiots and the best way I have discovered to stop it is to enable CTCSS/DCS and just roll on. I daily change codes on my repeater to keep them off track.
I am not doing anything illegal by doing it, it was actually suggested by the FCC. It took a while (over a year) but eventually the tactic of "Don't feed the trolls" worked. Now I can actually turn my DCS off at times and listen for legitimate users.