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[TowerTalk] CB operator charged under new city law

To: <towertalk@contesting.com>
Subject: [TowerTalk] CB operator charged under new city law
From: K4MK@triad.rr.com (M. Kent Miller)
Date: Wed May 21 21:28:51 2003
I agree with Steve -- I think it is great and I wouldn' t care if they
locked that scumbag cb' er up..........that' s the kind of person that has
given the general public a bad impression of ham radio, since most don' t
realize there is a difference.

Kent - K4MK

----- Original Message ----- 
From: "Steve Katz" <stevek@jmr.com>
To: "'KD8OK'" <kd8ok@n-focus.com>; <TowerTalk@contesting.com>
Sent: Wednesday, May 21, 2003 2:35 PM
Subject: RE: [TowerTalk] CB operator charged under new city law


> Thanks for passing this on...I think it's absolutely GREAT!
>
> Note that actions were taken against this guy because he was operating
> outside the law, and thus had no foot to stand on.  Similar complaints
> against licensed amateurs operating within Part 97 requirements are
> routinely dismissed, and hundreds of such cases have been dismissed over
the
> years.  I was involved in one such case.
>
> WB2WIK/6
>
> "Success is the ability to go from failure to failure with no loss of
> enthusiasm." -Winston Churchill
>
> > -----Original Message-----
> > From: KD8OK [SMTP:kd8ok@n-focus.com]
> > Sent: Wednesday, May 21, 2003 7:51 AM
> > To: TowerTalk@contesting.com
> > Subject: [TowerTalk] CB operator charged under new city law
> >
> > This may not have much to do with antennas, but it could be a concern
for
> > all hams in the future.
> >
> >
> > CB operator charged under new city law
> >
> > 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
> >
> >
> > *********************************************
> > Michael Murphy - KD8OK
> >
> > mmurphy@n-focus.com
> > kd8ok@n-focus.com
> >
> > *********************************************
> >
> > _______________________________________________
> >
> > See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless
> > Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with
> > any questions and ask for Sherman, W2FLA.
> >
> > _______________________________________________
> > TowerTalk mailing list
> > TowerTalk@contesting.com
> > http://lists.contesting.com/mailman/listinfo/towertalk
> _______________________________________________
>
> See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless
Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with any
questions and ask for Sherman, W2FLA.
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>


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