I would submit that the FCC has claimed enforcement over radio 
transmissions in the USA, and that's in the radio is not relevant since 
it's out of his jurisdiction unless he wants to represent himself as a 
federal officer. Of course, this is not the proper attitude to present, 
but it is factually accurate.

BTW, since the 80s, the FCC's enforcement has maintained that it's the 
*end user's* responsibility to ensure licensing, not the programmer's. 
It's sad to see this interpretation reversing itself, as many times, and 
as I bet is the case here, the radios were programmed for an entity that 
has multiple licenses on the frequency in question, and it should not be 
the programmer's job to interrogate as to *where* the radios will be 
used. I bet they simply programmed them for Wal*Mart, a licensee, not 
for that specific store. It should be strictly Wal*Mart's responsibility 
to ensure that location is licensed properly. (and why would they not 
have a nationwide license in the first place?)

Back to repeaters anytime soon?

Joe M.

Butch Kanvick wrote:
> 
> 
> I would think that law enforcement would need to have a search warrant 
> to check the radio to see if it transmits on the law enforcement 
> frequencies. I would also say they are over stepping the legal 
> boundaries if they asked if the radio could transmit on law enforcement 
> frequencies. Which frequencies would they be talking about, low 
> band,vhf, uhf and 800 meg?
> As a volunteer fire fighter I have several law enforcement channels 
> included in the radios as back ups for emergency operations if the fire 
> repeaters do not work. As we need to have constant communications with 
> the dispatch center. We have used them before when we were out of range 
> of the fire repeaters. A few people have used them for primary 
> communications when they could not reach 911 in an emergency, so we were 
> covered and dispatch was happy to receive timely updates as the 
> situation changed before law enforcement arrived.
> 
> Have a wonderful day, Butch, KE7FEL/r
> 
> 
> 
>  
> ------------------------------------------------------------------------
> To: Repeater-Builder@yahoogroups.com
> From: p...@chargertech.com
> Date: Sat, 1 May 2010 10:07:06 -0500
> Subject: Re: [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers
> 
>  
> You mean during a traffic stop? or incidental chit-chat? I'm assuming you
> mean during a stop.
> 
> Here in Minnesota I would politely hand him the copies of our state's
> 'scanner law' that exempts Hams and of my FCC license that I keep in my
> glovebox. And then be ready to wish him a good day when he realizes he has
> absolutely nothing to say under the law about any of the type accepted,
> unmodified radio equipment I have in my vehicle.
> 
> Paul - KC0HST
> 
> ----- Original Message -----
> From: "AA8K73 GMail"
> Sent: Saturday, May 01, 2010 8:44 AM
> Subject: Re: [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers
> 
>  >
>  >
>  > What will you say when an law enforcement person looks in your
>  > vehicle and says, "What's that radio? Does it receive or
>  > transmit on police frequencies?"
>  >
>  >
>  > Mike - AA8K
> 
> 
> 
> ------------------------------------------------------------------------
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> 
> 
> 


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