When I got my FCC First Class Radiotelephone license
in 1969, I remember there were rules and questions
related to requirements of being licensed in order to
tune or adjust a lot of radio transmitting equipment,
such as broadcast, marine, and two-way. This was
considered maintenance, not necessarily tampering.
Many of these rules went away with the deregulation of
the FCC. You don't need ANY FCC license these days to
make such adjustments if you're under the guidance or
direction of someone who's responsible for the proper
operation of the equipment, and even that person does
not need to be FCC licensed, although it certainly
helps. For example, the guy who packs your groceries
could adjust the frequency of your 20kw FM transmitter
as long as the chief engineer was talking to him on
the phone and told him which knob to turn. Many
states, including mine, have their own credential and
license program in place that deals with two-way radio
technicians and even alarm system installers. These
would have more impact in cases where something was
done improperly, but as to laws about tampering, I
think we're back to the trespass scenario.

As far as tampering or malicious damage to
FCC-licensed stations, facilities, equipment, etc., I
will presume this is undesirable tampering or
detrimental to the emissions of the site. If there's
no specific rule that covers it, there certainly are
rules that govern the results (interference, improper
operation, etc).

Once evidence of tampering has been collected, it
could become a federal matter, much the same way that
false SOS calls on the marine band are prosecuted by
the U.S. Coast Guard.

There are specific rules in part 97 about people who
do not have valid amateur licenses operating equipment
on the amateur bands. This assumes there is not a
licensed control operator doing his/her thing. This
precludes even a law enforcement officer from keying
your ham transceiver (unless he's also a ham).
Commercial two-way stuff is quite different, however.

Most transmitters are type accepted or type approved.
Making modifications to some areas of the equipment
will invalidate this acceptance/approval and if
undesirable operation results, it could then draw a
citation from the FCC. This could happen if you
changed some of the RF circuitry in a broadcast
transmitter, like if the parts are no longer
available. The manufacturer of the equipment can file
paperwork for variations to this certification which
lets the local engineer make such changes, but usually
after 30 years, the equipment just gets replaced and
no one really cares.

Bob M.
======
--- mch <[EMAIL PROTECTED]> wrote:

> Well, whatever you call that box that has components
> that emit
> significant amounts of RF energy under the
> authorization of whomever
> grants whatever paper, I'm sure there are laws
> against tampering with
> it. And they won't be laws enforced by the local or
> state entities
> (whatever you want to call those) due to federal
> preemption.
> 
> As an aside, not necessarily having anything to do
> with any previous
> postings on the list, if a local or state police
> officer tries to
> regulate your radio activities or takes action
> against someone else
> doing the same, he/she is impersonating a federal
> agent. Only the FCC
> has the authority to regulate RF transmissions in
> the USA and enforce
> laws dealing with same, and that power is exclusive
> with the singular
> exception of the Federal Government RF transmissions
> (incl military).
> 
> There may be trespass laws involved, but nothing
> dealing with the
> tampering of a transmitter.
> 
> Joe M.
> 
> > [EMAIL PROTECTED] wrote:
> > 
> > In a message dated 12/8/2006 9:50:23 P.M. Pacific
> Standard Time,
> > [EMAIL PROTECTED] writes:
> > 
> >      They most certainly do license transmitters.
> It's only in
> >      the Ham type
> >      services the operators are licensed and can
> put transmitters
> >      anywhere
> >      (almost). That's why the commercial licenses
> have
> >      coordinates and
> >      frequencies on them.
> > 
> > They most certainly don't license transmitters.
> They license stations
> > and the station owner/trustee. They type accept
> the equipment. If the
> > specific equipment was licensed,
> > you would have to pursue a new license to replace
> it with a duplicate.


 
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