Did you know..... Little Know Facts in US Communications Law

Discussion in 'Survival Communications' started by BTPost, Nov 27, 2013.


  1. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Did you know it is a Federal Felony, for a Licensed Radio Operator to destroy, or render it inoperative, a Two Way Communications Device, as per The Communications Act of 1934, as amended? This includes Commercial Operators, Amateur Operators, GMRS Operators, Marine Radiopersons, Aircraft Pilots, CB Radio Operators, and ALL State and local government Radio Operators. As far as I know, it has been only used a very FEW Times, but it is LAW of the Land.

    ......
     
    stg58 likes this.
  2. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    What is behind that?
     
  3. BTPost

    BTPost Old Fart Snow Monkey Moderator

    It was written in the original Act, back in 1934. Since Radio was still fairly New, and the technology, not well understood, It was feared some folks were skeptical of the Hazards of the Technology. This was part of the Operators Duty, to defend the Equipment, against any attempt to take it off the Air. These type of provisions were along the Line of "The Secrecy Clause" in the same ACT, which states it is a Federal Felony, to divulge any PART of a Communication, that was overheard on Radio Receiver, to a third Party, unless the Operator was a Party to the Communication, in the first place. As far as I know, that Clause has never been used in a prosecution, but it has been used as a Threat, a number of times. .....
     
    Tully Mars and tulianr like this.
  4. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    You're saying, that if I, as a new hamm, were to get thoroughly frustrated with the radio, I just purchased, and it just happened to fall under a car tire, I could be prosecuted for not defending it?;)
     
  5. BTPost

    BTPost Old Fart Snow Monkey Moderator

    That is the Statute....
     
  6. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    And if I were to claim it was suicide by technician?;)
     
  7. BTPost

    BTPost Old Fart Snow Monkey Moderator

    As long as you were not the technician.... And of course it is a very OLD Statute. Many of these original Statutes make little sense in today's Communications World, but they are still LAW...
     
  8. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    Not LAW, it is a statute created under Admiralty, since it dates after March 6, 1933 and the Declaration of Emergency by FDR.

    As BT would say, ".".
     
    Homer Simpson and BTPost like this.
  9. enloopious

    enloopious Rocket Surgeon

    Very few people notice that the statute actually states that it only applies to people who are licensed...

    all licenses are worded that way
     
    Brokor likes this.
  10. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Yes, and under THE Communications Act of 1934, As Amended, if you READ, the Statute, All Radio Operators of Two Way Radios of ANY Type, that are NOT Part15 Devices, ARE licensed, if not individually, then under Blanket Nationwide Licensing, for ALL those other CFR 47 Part Services, and that includes things like Cellphones, and Cellular Data Networks.

    For those folks that can't understand Big Words, that means if you use a Two Way Radio, you ARE LICENSED, PERIOD, under US Law, as Required by the ITU Regulations, to which the USA is Signatory..... .....
     
    Last edited: Nov 28, 2013
  11. enloopious

    enloopious Rocket Surgeon

    soo... its just an act? not for real? ;)

    Even when the words say they don't apply to you people will still try to plead guilty.
     
    Brokor likes this.
  12. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    Look up Black's Law term "License".
     
    Homer Simpson likes this.
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