Re: [Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications

2010-02-21 Thread MCH
Sorry - replied to the wrong message.

Joe M.

MCH wrote:
> I should have realized that since I think there are base frequencies 
> below the UHF coverage that work.
> 
> Regardless, it's a problem with the calculation and won't work.
> 
> Thanks for the correction.
> 
> Joe M.
> 
> Greg Beat wrote:
>>
>> It would be a very interesting court case in this state (Illinois).
>> Illinois is where "Air rights" were established 100 years ago --
>> above railroad right-of-way (that railroad could and did sell).
>>  
>> It was the communication attorneys (and FCC) that used that landmark 
>> ruling -- to
>> permit and enforce the encryption of TVRO satellite broadcasts in early 
>> 1980s --
>> after the late 1970s boom in C band dishes (big 10' dishes).
>>  
>> The FCC has "set themselves up" due to their deregulation boom of 1980s
>> (breakup of AT&T 1984; bow to NAB pressure and creation of GROL/reduce 
>> engineering requirements for commercial
>> broadcast stations; passing Citizens Band enforcement service to local 
>> law enforcement).
>> ADD to this the Patriot Act, Homeland Security and other laws quickly 
>> passed during post-9/11 reaction --
>> and it would be a lively debate and court case.
>>  
>> Current anti-federal government pushes by Tea Party and conservative 
>> groups refocus on 10th amendment --
>> almost guarantee a mixed decision (conflicts in existing laws -- which 
>> takes precedent and in what circumstances). 
>> Yes, FCC has authority -- BUT if it is a matter of public safety -- is 
>> that the exception?
>>  
>> While the First Amendment upholds Freedom of Speech -- it does not 
>> uphold a person that yells "Fire" in a crowded theatre --
>> causing a panic and injury -- when there was no fire!
>>  
>> w9gb
>>  
>>
>>
>>
>>
>>
>> 
>>
>>
>> No virus found in this incoming message.
>> Checked by AVG - www.avg.com 
>> Version: 9.0.733 / Virus Database: 271.1.1/2701 - Release Date: 02/21/10 
>> 02:34:00
>>
> 
> 
> 
> 
> 
> 
> Yahoo! Groups Links
> 
> 
> 
> 
> 
> 
> 
> No virus found in this incoming message.
> Checked by AVG - www.avg.com 
> Version: 9.0.733 / Virus Database: 271.1.1/2701 - Release Date: 02/21/10 
> 02:34:00
> 


Re: [Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications

2010-02-21 Thread MCH
I should have realized that since I think there are base frequencies 
below the UHF coverage that work.

Regardless, it's a problem with the calculation and won't work.

Thanks for the correction.

Joe M.

Greg Beat wrote:
> 
> 
> It would be a very interesting court case in this state (Illinois).
> Illinois is where "Air rights" were established 100 years ago --
> above railroad right-of-way (that railroad could and did sell).
>  
> It was the communication attorneys (and FCC) that used that landmark 
> ruling -- to
> permit and enforce the encryption of TVRO satellite broadcasts in early 
> 1980s --
> after the late 1970s boom in C band dishes (big 10' dishes).
>  
> The FCC has "set themselves up" due to their deregulation boom of 1980s
> (breakup of AT&T 1984; bow to NAB pressure and creation of GROL/reduce 
> engineering requirements for commercial
> broadcast stations; passing Citizens Band enforcement service to local 
> law enforcement).
> ADD to this the Patriot Act, Homeland Security and other laws quickly 
> passed during post-9/11 reaction --
> and it would be a lively debate and court case.
>  
> Current anti-federal government pushes by Tea Party and conservative 
> groups refocus on 10th amendment --
> almost guarantee a mixed decision (conflicts in existing laws -- which 
> takes precedent and in what circumstances). 
> Yes, FCC has authority -- BUT if it is a matter of public safety -- is 
> that the exception?
>  
> While the First Amendment upholds Freedom of Speech -- it does not 
> uphold a person that yells "Fire" in a crowded theatre --
> causing a panic and injury -- when there was no fire!
>  
> w9gb
>  
> 
> 
> 
> 
> 
> 
> 
> 
> No virus found in this incoming message.
> Checked by AVG - www.avg.com 
> Version: 9.0.733 / Virus Database: 271.1.1/2701 - Release Date: 02/21/10 
> 02:34:00
> 


Re: [Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications

2010-02-21 Thread Kris Kirby
On Sun, 21 Feb 2010, Greg Beat wrote:
> While the First Amendment upholds Freedom of Speech -- it does not 
> uphold a person that yells "Fire" in a crowded theatre -- causing a 
> panic and injury -- when there was no fire!   w9gb  

Lenny Bruce made a comment about this, something to the effect of "It's 
not OK to yell FIRE! in a theater, unless you're on stage..." 

I actually hope this gets made law, and the FCC strikes it down. Then 
again, one wonders what happened to the FCC from the heydays of roving 
field agents checking broadcasters on a regular basis to today, where 
one may get by with a violation for several weeks without realizing it.

--
Kris Kirby, KE4AHR
Disinformation Analyst


[Repeater-Builder] Re: Unlawful in IL to Rebroadcast Public Safety Communications

2010-02-21 Thread Greg Beat
It would be a very interesting court case in this state (Illinois).
Illinois is where "Air rights" were established 100 years ago -- 
above railroad right-of-way (that railroad could and did sell).

It was the communication attorneys (and FCC) that used that landmark ruling -- 
to 
permit and enforce the encryption of TVRO satellite broadcasts in early 1980s --
after the late 1970s boom in C band dishes (big 10' dishes).

The FCC has "set themselves up" due to their deregulation boom of 1980s 
(breakup of AT&T 1984; bow to NAB pressure and creation of GROL/reduce 
engineering requirements for commercial
broadcast stations; passing Citizens Band enforcement service to local law 
enforcement).
ADD to this the Patriot Act, Homeland Security and other laws quickly passed 
during post-9/11 reaction --
and it would be a lively debate and court case.

Current anti-federal government pushes by Tea Party and conservative groups 
refocus on 10th amendment -- 
almost guarantee a mixed decision (conflicts in existing laws -- which takes 
precedent and in what circumstances).  
Yes, FCC has authority -- BUT if it is a matter of public safety -- is that the 
exception?

While the First Amendment upholds Freedom of Speech -- it does not uphold a 
person that yells "Fire" in a crowded theatre -- 
causing a panic and injury -- when there was no fire!

w9gb


[Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications

2010-02-20 Thread Dan Hancock
What seems to be getting overlooked by everyone including the Illinois 
legislature is that they have NO authority to pass any law governing how the 
airwaves are used.
The communications act gives SOLE jurisdiction over the airwaves to the FCC, 
period. 

If they pass this law and then try to prosecute someone they could be in for a 
world of hurt from a federal lawsuit filed by the victim, a suit that the state 
could not possibly win.

Just one man's thoughts.

Dan N8DJP

Re: Unlawful in Il to Rebroadcast Public Safety Communications
    Posted by: "Walter H" walter.howard...@gmail.com ka1jfy
    Date: Fri Feb 19, 2010 1:33 pm ((PST))

What
/I/ can add, is that the FCC has said that if you want privacy for your
communications, then encrypt them. Clear voice is available to anyone
with the appropriate receiver. No, I can't find my source for this,
I've read all the Daily Digests for the last 5+ years, and I believe it
was in a letter ruling.

BTW, if you go to the url listed, you'll
see that it's still in committee. Not passed by the House nor Senate,
nor signed by the Governor.

WalterH


  

OT RE: [Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications

2010-02-19 Thread Robert Pease
It looks like it EXCLUDES Amber alerts because they are meant for public 
broadcast.

 

Provides that this provision does not apply to the public safety radio 
communication transmitted by any system station for the use of the general 
public, including Amber Alerts and other communications specifically intended 
for rebroadcast to the public.

 

But if you look closer at this line 

 

Provides that radio access to the public safety radio system within the State 
may only be accomplished upon receipt of written authorization granted by the 
appropriately licensed authority.

 

This could prohibit anyone from using a scanner to receive their broadcasts 
unless you have permission.

 

I would think federal public airwaves law would supersede this part though, but 
I am no expert or even close to one.

 

Interesting ruling though

 

FWIW, YMMV - Rob

 

From: Repeater-Builder@yahoogroups.com 
[mailto:repeater-buil...@yahoogroups.com] On Behalf Of Walter H
Sent: Friday, February 19, 2010 4:32 PM
To: Repeater-Builder@yahoogroups.com
Subject: [Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety 
Communications

 

  

What /I/ can add, is that the FCC has said that if you want privacy for your 
communications, then encrypt them. Clear voice is available to anyone with the 
appropriate receiver. No, I can't find my source for this, I've read all the 
Daily Digests for the last 5+ years, and I believe it was in a letter ruling.

BTW, if you go to the url listed, you'll see that it's still in committee. Not 
passed by the House nor Senate, nor signed by the Governor.

WalterH

--- In Repeater-Builder@yahoogroups.com 
<mailto:Repeater-Builder%40yahoogroups.com> , Eric Lowell  
wrote:
>
> Wow! I would have thought it illegal under Federal Law. What do I know
> 
> Best Regardss, de W1EL
> Â Eric Lowell
> Eastern Maine Electronics Inc.
> 48 Loon Road
> Wesley ME 04686
> eme@...
> www.satnetmaine.com
> 
> 
> 
> 
> 
> 
> From: ka9qjg1 
> To: Repeater-Builder@yahoogroups.com 
> <mailto:Repeater-Builder%40yahoogroups.com> 
> Sent: Thu, February 18, 2010 9:27:44 PM
> Subject: [Repeater-Builder] Unlawful in Il to Rebroadcast Public Safety 
> Communications
> 
> Â  
> FYI 
> 
> It is now Against the Law in Il To Rebroadcast Public safety Communications 
> including radio or Internet 
> 
> I know most of us in this Hobby are aware of all the Scanner Type 
> Communications being linked d to the Internet. I always wondered about the 
> legality of doing this especially living in one of the Few States that have 
> an Anti Scanner Law against mobiles and Handhelds unless one is exempt.
> 
> I always liked the idea of seeing something big on the News and finding a 
> site from that area to listen to it Live . 
> 
> Well it looks like Il has put together a law against doing this I do not know 
> about other states . Or how this is going to stop the On Line Scanner 
> stations.
> 
> Also as written unless I have permission it looks like I cannot rebroadcast 
> the Amber Alerts which come out over My Emerg Weather Receive on My Repeaters 
> I "am sure others have this on the Repeters too
> 
> This will be interesting to see if anyone is a actually charged with this 
> 
> Don KA9QJG 
> 
> Statutes Amended In Order of Appearance
> 20 ILCS 2615/11 new 
> 20 ILCS 2615/12 new 
> 
> Synopsis As Introduced
> Amends the State Police Radio Act. Provides that a person receiving public 
> safety voice or data communication transmitted via the facilities of the 
> State's public safety radio system by wire or radio shall not, without the 
> written authority of the originator of the communication, rebroadcast the 
> communication via any means, including radio or Internet, or otherwise 
> divulge or publish the existence, contents, substance, purport, effect, or 
> meaning thereof. Provides that this provision does not apply to the public 
> safety radio communication transmitted by any system station for the use of 
> the general public, including Amber Alerts and other communications 
> specifically intended for rebroadcast to the public. Provides that radio 
> access to the public safety radio system within the State may only be 
> accomplished upon receipt of written authorization granted by the 
> appropriately licensed authority. Provides that a violation of these 
> provisions is a Class A
> misdemeanor. Effective immediately.
> 
> http://tinyurl. com/yf3on2y
>





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[Repeater-Builder] Re: Unlawful in Il to Rebroadcast Public Safety Communications

2010-02-19 Thread Walter H
What /I/ can add, is that the FCC has said that if you want privacy for your 
communications, then encrypt them. Clear voice is available to anyone with the 
appropriate receiver. No, I can't find my source for this, I've read all the 
Daily Digests for the last 5+ years, and I believe it was in a letter ruling.

BTW, if you go to the url listed, you'll see that it's still in committee. Not 
passed by the House nor Senate, nor signed by the Governor.

WalterH

--- In Repeater-Builder@yahoogroups.com, Eric Lowell  wrote:
>
> Wow! I would have thought it illegal under Federal Law. What do I know
> 
> Best Regardss, de W1EL
>  Eric Lowell
> Eastern Maine Electronics Inc.
> 48 Loon Road
> Wesley ME 04686
> eme@...
> www.satnetmaine.com
> 
> 
> 
> 
> 
> 
> From: ka9qjg1 
> To: Repeater-Builder@yahoogroups.com
> Sent: Thu, February 18, 2010 9:27:44 PM
> Subject: [Repeater-Builder] Unlawful in Il to Rebroadcast Public Safety 
> Communications
> 
>   
> FYI 
> 
> It is now Against the Law in Il To Rebroadcast Public safety Communications 
> including radio or Internet 
> 
> I know most of us in this Hobby are aware of all the Scanner Type 
> Communications being linked d to the Internet. I always wondered about the 
> legality of doing this especially living in one of the Few States that have 
> an Anti Scanner Law against mobiles and Handhelds unless one is exempt.
> 
> I always liked the idea of seeing something big on the News and finding a 
> site from that area to listen to it Live . 
> 
> Well it looks like Il has put together a law against doing this I do not know 
> about other states . Or how this is going to stop the On Line Scanner 
> stations.
> 
> Also as written unless I have permission it looks like I cannot rebroadcast 
> the Amber Alerts which come out over My Emerg Weather Receive on My Repeaters 
> I "am sure others have this on the Repeters too
> 
> This will be interesting to see if anyone is a actually charged with this 
> 
> Don KA9QJG 
> 
> Statutes Amended In Order of Appearance
> 20 ILCS 2615/11 new 
> 20 ILCS 2615/12 new 
> 
> Synopsis As Introduced
> Amends the State Police Radio Act. Provides that a person receiving public 
> safety voice or data communication transmitted via the facilities of the 
> State's public safety radio system by wire or radio shall not, without the 
> written authority of the originator of the communication, rebroadcast the 
> communication via any means, including radio or Internet, or otherwise 
> divulge or publish the existence, contents, substance, purport, effect, or 
> meaning thereof. Provides that this provision does not apply to the public 
> safety radio communication transmitted by any system station for the use of 
> the general public, including Amber Alerts and other communications 
> specifically intended for rebroadcast to the public. Provides that radio 
> access to the public safety radio system within the State may only be 
> accomplished upon receipt of written authorization granted by the 
> appropriately licensed authority. Provides that a violation of these 
> provisions is a Class A
>  misdemeanor. Effective immediately.
> 
> http://tinyurl. com/yf3on2y
>