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[TowerTalk] CB case

To: <>
Subject: [TowerTalk] CB case
From: (KG4QDZ)
Date: Wed May 21 16:46:46 2003
It could certainly be disturbing - especially their definition of CB.
However, remember we should be exempt under federal rule. Where it will get
interesting is if he wasn't using more than 4 watts. Remember that these
complaintants were using devices that by FCC standards "must accept any
interference received and not cause any interference". It's interesting that
they claim to be enforcing FCC rules, but add their own definitions. I don't
remember where CB fits in the services, but given that the referenced
antenna may have had, let's say 12 db gain, he could have an ERP of 64watts.
With the cheap devices he interfered with on the same band (27MHz), he might
still be legal AND cause the interference.

If he were legal, and loses, let's hope he appeals any loss, since that
would set a bad precedent where there isn't any yet.... and I don't know of
any group that would come to his assistance as a CBer. These things happen
little steps at a time as precedents or expansions of prior rulings, so it
is not inconceivable they might try to tackle a ham at some point, and even
though it might EVENTUALLY work out right, it would be a nightmare for some
poor ham.



James A. Disbennet, 48, 427 Harrison Ave., is charged with operating a CB
radio exceeding 4 watts, a first-degree misdemeanor, and two counts of
operating a CB radio without certification, a fourth-degree misdemeanor.
Disbennet, whose handle is "Sugar Bear," answered a summons in Fairfield
County Municipal Court last Tuesday and was released on a recognizance bond.

In August 2002, Lancaster City Council was the first in the U.S. to pass
such an ordinance, allowing the city to enforce rules set by the Federal
Communication Commission regulating the strength of CB radios, said
Assistant City Law Director Dave Trimmer.

According to the ordinance, the definition of CB radio "includes all
private, two-way, short-distance voice communications service for personal
or business activities of the general public."

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