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Post by thelegacy on Feb 26, 2019 7:22:01 GMT
This came in today from REC Net. You folks need to read this and let this sink deep in your heads as this is the time now to become an activist or watch your hobby go down the sewer. This is not just a rant this is the honest-to-god truth. It's come to Jesus time for you people in the part 15 radio community to wise up buck up and get a brain before your hobby goes down the toilet due to entities trying to kill Hobby Broadcasting. The following is an emergency Bulletin from REC Net.
Today, the house passed HR-583, The PIRATE Act. This bill increases the forfeitures for unauthorized operation in the broadcast bands. Intended to have pirate radio taken more seriously by the Department of Justice in their enforcement and collections processes. REC agrees with most of the language of the PIRATE Act with the exception of the removing the FCC's authority to preclude state and local laws relating to "pirate" radio operation. While this bill addresses the "user", it does not address the other two prongs of pirate radio:
- The retailers that market uncertified equipment
- The reasons why people resort to pirate broadcasting
Note that there is specific language that this law does not apply to operations that are compliant with Part 15 of the rules. This now goes to the Senate.
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Post by thelegacy on Feb 26, 2019 7:32:08 GMT
So in my reading of this it is my understanding that there is language that does not include part 15. So this means that officials could deem you as a pirate when you're not and you're in big trouble.
This is yet another monkey Ranch deliberately plotted to try to kill hobby broadcasting and we need to unite and fight because united we stand divided we will fall.
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Post by End80 on Feb 26, 2019 8:06:24 GMT
So in my reading of this it is my understanding that there is language that does not include part 15. So this means that officials could deem you as a pirate when you're not and you're in big trouble.. What? Your talking backwards. read again the last paragraph (h) Definitions...
----- Verbatim from HR5-73 (Pirate Act):----- www.congress.gov/bill/116th-congress/house-bill/583/text?r=726&s=1 ----------
“(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this section, and semi-annually thereafter, the Commission shall publish a database in a clear and legible format of all licensed radio stations operating in the AM and FM bands. The database shall be easily accessible from the Commission home page through a direct link. The database shall include the following information:
“(A) Each licensed station, listed by the assigned frequency, channel number, or Commission call letters.
“(B) All entities that have received a notice of unlicensed operation, notice of apparent liability, or forfeiture order issued by the Commission.
“(2) CLEAR IDENTIFICATION.—The Commission shall clearly identify in the database—
“(A) each licensed station as a station licensed by the Commission; and
“(B) each entity described in paragraph (1)(B) as operating without a Commission license or authorization
“(h) Definition of pirate radio broadcasting.—In this section, the term ‘pirate radio broadcasting’ means the transmission of communications on spectrum frequencies between 535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.”.
------------------------------
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Post by Admin on Feb 26, 2019 14:36:57 GMT
In past discussions it was stated the concern is when state and local authorities are allowed to police the airwaves an authorized unlicensed operation may be perceived as an illegal or "pirate" operation simply because there is no license for said operation.
The burden of proof for said operation could be devastating in terms of the expense for legal representation.
In the United States we are to be considered innocent until proven guilty. However, charges would be filed and litagation follows in order to set the record straight.
The law may have merit but the innocent may be swept up in the dragnet.
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Post by thelegacy on Feb 26, 2019 17:28:10 GMT
Bob totally gets it and this is where we have had enemies in the dead of night deliberately putting a STOP to hobby broadcasting so sneakily a layman doesn't see it. TIME TO BE ACTIVIST ABOUT THIS!!
This is where the bickering and the "It Can't Happen Club that would rather sit on the sidelines get their fannies off the couch and do something. We clearly have a mole on our hobby Radio community doing all of this. That is why their has been folks working so hard to try and discredit what New Radio Revolution has been trying to do.
A separate law for Hobby Broadcasting will assure we don't lose what we have. Some people have said that they were afraid to lose what they have if they become activist? Here is an example of what would happen if we don't all wise up.
This bill was passed WITHOUT any input from the public or organizations like REC Net why? Why was this allowed to happen? We need to unite and get this bill defunct before it sees any more light.
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Post by End80 on Feb 26, 2019 18:11:02 GMT
In past discussions it was stated the concern is when state and local authorities are allowed to police the airwaves an authorized unlicensed operation may be perceived as an illegal or "pirate" operation simply because there is no license for said operation. The burden of proof for said operation could be devastating in terms of the expense for legal representation. In the United States we are to be considered innocent until proven guilty. However, charges would be filed and litagation follows in order to set the record straight. The law may have merit but the innocent may be swept up in the dragnet.
True, which is precisely why I expressed concerns during the times pirate activity and discussing had crept into the legal unlicensed forums for periods of times, the distinction is best maintained. The issue with local authorities and police being be allowed to act as agents in regard to this is troublesome, however it is of advantage that the official Pirate Act documentation they will be utilizing clearly expresses the exceptions provided by part 15, not only in the quoted text above, but also specifically address elsewhere in the same document which clarify the exceptions of what unlicensed operations are permitted and which are not.
My point being that the H the HRS-73 document which agents and other policing forces will be using as their guide actually protects us as part 15 operators here in the U.S.
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Post by End80 on Feb 26, 2019 18:40:04 GMT
A separate law for Hobby Broadcasting will assure we don't lose what we have. Some people have said that they were afraid to lose what they have if they become activist? Here is an example of what would happen if we don't all wise up. Umm.. There already is one. The separate law for hobby broadcasting is Part 15.. Remember? |
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Post by mark on Feb 26, 2019 20:07:58 GMT
This came in today from REC Net. You folks need to read this and let this sink deep in your heads as this is the time now to become an activist or watch your hobby go down the sewer. This is not just a rant this is the honest-to-god truth. It's come to Jesus time for you people in the part 15 radio community to wise up buck up and get a brain before your hobby goes down the toilet due to entities trying to kill Hobby Broadcasting. The following is an emergency Bulletin from REC Net. Today, the house passed HR-583, The PIRATE Act. This bill increases the forfeitures for unauthorized operation in the broadcast bands. Intended to have pirate radio taken more seriously by the Department of Justice in their enforcement and collections processes. REC agrees with most of the language of the PIRATE Act with the exception of the removing the FCC's authority to preclude state and local laws relating to "pirate" radio operation. While this bill addresses the "user", it does not address the other two prongs of pirate radio: - The retailers that market uncertified equipment - The reasons why people resort to pirate broadcasting Note that there is specific language that this law does not apply to operations that are compliant with Part 15 of the rules. This now goes to the Senate. A little fear mongering here. The wording is UNAUTHORIZED. Part 15 IS authorized. Also in my opinion, though I don't live in the USA is that a state can't override a federal jurisdiction. The FCC rules apply no matter where you are in the USA. Now if a state wants to make their own law on top of a federal existing law as to punishment maybe they can do that. So if you interfere with another station it's a felony like marijuana possession, which could get you a criminal record.
I think this goes way overboard as to punishment fitting the crime. The FCC already has in place rules and penalties for this. And you are right.......why don't they enforce, as in Canada, the sale of uncertified transmitters? I asked Industry Canada about this when being read the riot act on using an uncertified transmitter here even if FCC approved and have not got an answer back! I mentioned Amazon Canada.
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Post by End80 on Feb 26, 2019 22:40:05 GMT
Agreed.. I do agree with some of the things which Legacy points out, but the other points tend to overshadow the valid ones. But yes, enforcing against those who buy and use uncertified transmitters but not enforcing against those who are rampantly supplying then is ridiculous and just plain wrong. |
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Post by mark on Feb 26, 2019 23:16:01 GMT
Look at it like this also.....go after the drug users but not the ones selling it.
I may have misunderstood a little, is this about Florida or is this a federal law in discussion here? In Florida I heard it's a felony like weed possession but is this what congress is doing with a law like this for all the USA? But Part 15 is authorized.
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Post by sparepart on Feb 27, 2019 11:59:29 GMT
This came in today from REC Net. You folks need to read this and let this sink deep in your heads as this is the time now to become an activist or watch your hobby go down the sewer. This is not just a rant this is the honest-to-god truth. It's come to Jesus time for you people in the part 15 radio community to wise up buck up and get a brain before your hobby goes down the toilet due to entities trying to kill Hobby Broadcasting. The following is an emergency Bulletin from REC Net. Today, the house passed HR-583, The PIRATE Act. This bill increases the forfeitures for unauthorized operation in the broadcast bands. Intended to have pirate radio taken more seriously by the Department of Justice in their enforcement and collections processes. REC agrees with most of the language of the PIRATE Act with the exception of the removing the FCC's authority to preclude state and local laws relating to "pirate" radio operation. While this bill addresses the "user", it does not address the other two prongs of pirate radio: - The retailers that market uncertified equipment - The reasons why people resort to pirate broadcasting Note that there is specific language that this law does not apply to operations that are compliant with Part 15 of the rules. This now goes to the Senate. A little fear mongering here. The wording is UNAUTHORIZED. Part 15 IS authorized. Also in my opinion, though I don't live in the USA is that a state can't override a federal jurisdiction. The FCC rules apply no matter where you are in the USA. Now if a state wants to make their own law on top of a federal existing law as to punishment maybe they can do that. So if you interfere with another station it's a felony like marijuana possession, which could get you a criminal record.
I think this goes way overboard as to punishment fitting the crime. The FCC already has in place rules and penalties for this. And you are right.......why don't they enforce, as in Canada, the sale of uncertified transmitters? I asked Industry Canada about this when being read the riot act on using an uncertified transmitter here even if FCC approved and have not got an answer back! I mentioned Amazon Canada.
Little background here: I am a licensed secondary user of 5.8 GHz spectrum. Local Government puts up a system that is an unlicensed application in the same spectrum.
Their IT guys call the police stating I am intentionally jamming their equipment. Police knock at the door and threaten to size the equipment. Presented license and told them this was not in the scope of local law enforcement. (if the claim was legit, it would be federal anyway)
In this case, the officer was smart enough to realize that he needed to kick it up to his superiors, rather then just grab anything that looks like the gear in question.
Would you trust your local PD to be smart enough to make the same call?
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Post by mark on Feb 27, 2019 16:42:16 GMT
"Would you trust your local PD to be smart enough to make the same call?"
Don't think so.....only an FCC agent should make calls like this. But it seems Florida has done this from what I read.
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Post by station8 on Feb 27, 2019 17:53:38 GMT
Howdy All: Here is my two cents!.
1) No matter what bill act comes down you need to beconcern!.
2) Then you need to post the actual bill act for everyone to read!.
3) Then act on it call or email your goverment repensentive!.
Go here to read the bill act
Happy reading
Station 8
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