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[TowerTalk] CB operator charged under new city law

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Subject: [TowerTalk] CB operator charged under new city law
From: W4EF@dellroy.com (Michael Tope)
Date: Thu May 22 00:28:24 2003
The only thing that disturbed me about this affair was the press
coverage. To me the news article cited will just reinforce a
misconception that I believe is already common among the
general public, namely that RFI is always the fault of the station
doing the transmitting. "All you have to do is log the interference
for four weeks" and if more than one person complains, the cops
bust down the door and take the offending radio operator away to
jail.

Of course, I suppose expecting the average man on the street to
have a lucid understanding of EMI susceptibility in consumer
products is too much to hope for :):)

73 de Mike, W4EF.......................

> > >
> > > By KRISTIN GORDON, kgordon@nncogannett.com
> > > The Eagle-Gazette Staff
> > >
> >
>
> --------------------------------------------------------------------------
> > > --
> > > ----
> > >
> > > Complaints from a group of neighbors experiencing interference on
> > > household
> > > appliances from phones and TVs to baby monitors have resulted in a
court
> > > case against a local citizens band radio operator.
> > >
> > > 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."
> > >
> > > In January, local residents began to log feedback problems they
> > > experienced,
> > > Trimmer said. Noise was reported on Harrison, Fifth and Washington
> > > avenues.
> > >
> > > One woman had problems almost every time she used her telephone. She
> said
> > > it
> > > interfered with calls such as learning a family member was in the
> > > hospital.
> > >
> > > Another woman heard interference over a baby monitor she keeps near
her
> > > husband who suffered from a stroke. When she heard calls from a CB
radio
> > > operator named "Sugar Bear" late at night, she would have to turn off
> the
> > > monitor so it wouldn't wake her husband.
> > >
> > > "Complainants must have a log of the interference for a minimum of
four
> > > weeks and there has to be more than one complainant in order to file
> > > charges," Trimmer said.
> > >
> > > After a phone conversation with a woman on Harrison Avenue where he
> could
> > > hear interference himself, Trimmer went to the neighborhood to
> > > investigate,
> > > he said. He talked to a few individuals, including Disbennet, who said
> he
> > > was a CB radio operator but did not possess an amplifier to exceed the
> > > lawful power output.
> > >
> > > "It's a hobby," Trimmer said. "Sometimes these hobbies get in the way
of
> > > the
> > > rights of the neighbors."
> > >
> > > On April 10, Tim Deitz, assistant superintendent of the city's
> Electrical,
> > > Communications and Signals Department, used a relative signal strength
> > > meter
> > > in the 400 block of Harrison Avenue to determine where interference
was
> > > coming from. The signals he received came from Disbennet's home, which
> had
> > > a
> > > 40- to 50-foot antenna attached to it.
> > >
> > > A search warrant was performed the next day by Lancaster police, who
> > > seized
> > > four pieces of CB radio equipment worth more than $1,000 from
> Disbennet's
> > > home.
> > >
> > > "We're obviously treading on new ground," said Scott Wood, Disbennet's
> > > attorney. "He's not been given any type of option to defend himself.
> This
> > > is
> > > a big hobby for him, something he enjoys doing.
> > >
> > > "It has him concerned, of course -- he could be facing jail time."
> > >
> > > The maximum penalty for a first-degree misdemeanor is a $1,000 fine
and
> > > 180
> > > days in jail.
> > >
> > > Wood also is concerned about the case, which he's just begun
> > > investigating.
> > >
> > > "It's obviously a very interesting case -- this is the first ordinance
> of
> > > its kind in the country," he said. "But apparently, this ordinance was
> > > passed in August 2002 but was never published."
> > >
> > > According to the ordinance, No. 30-02, it was passed by council Aug.
26
> > > and
> > > approved Aug. 28.
> > >
> > > The city started looking into the problem nearly two years earlier
after
> > > neighbors on Talmadge Avenue started having problems, Trimmer said.
The
> > > city
> > > received a petition with 28 signatures and contacted the FCC
repeatedly
> > > about the problem of enforcement.
> > >
> > > Originally published Wednesday, May 21, 2003
> > >




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