Hello Guys, Could I ask For Some Help?

[Sebrina]

Hello guys,

I'm a new CB'er in the US I've used citizen's band for quite a few years in EEUU, mainly from Spain. I've used a Superstar 3900 (back in the 80s) for quite some time and then I met my wife settled down and had some off time since then. I've decided to come back now living in the US and my wife, children and myself have decided I can get back into CB'ing. All my friends from back then have moved onto 2m/70cm and so on I've started to take info for the test but right now I have a small cb radio but live an in apt building. I'm planning on setting up a mobile cb antenna on the window can't have roof access, and my best friend who doesn't have anything to do with my European cb days has given me a Magnum 257 radio as a b-day present, I heard these are illegal in the US? It's currently stock and I wanted more information...

Thank you for reading.

[Sebrina]

I dont see an edit function so plz moderators I'm sorry.

How useful is 2m and effective to Europe is either 2m or 440?

[Red Warrior]

The radio is designed for 10-meters but can be easily modified to work on 11-meters (CB). Yes it is illegal to do so. No you most likely will not be caught.

2-Meters is very active in the States and is probably the most popular Amatuer Band.

[jessejamesdallas]

Magnums are nice radios, I wouldn't loose no sleep over whether or not it's a "Legal" radio in the U.S. or not...90% of the guys that are still in CB Radio, are running "Illegal" stations! Whether it's the radio itself, or add-on's, or amplifiers, you'll find more people break the rules, than don't...And CB'ers are not alone...Quite a few Ham's also bend or flat out break the rules too...

I'm not endorsing "Breaking the FCC Rules", just stating the facts...

[MysteryMan]

I agree,
No worries about getting in trouble, the FCC wont come after you. You are small potatoes on there list of things to do. Just don't cause problems with neighbors, that justs attracts attention to your self. Oh, the police have no jurisdiction involving transmitters, they cant do anything to you.

Do not talk on 10M in the US unless you have a ham license. You will get caught and the ARRL will take action.

['Doc]

I'm afraid that about the police and transmitters isn't true -if- those transmitters are not used in a licensed service (CB isn't licensed). A complain to the police certainly can result in a CB'er being fined, or worse. What's it been, two years since the FCC released that authority to non-federal jurisdiction. Very few law enforcement agencies are knowledgeable about the interference thingy, but they do have the authority to resolve a civil issue. Because of that lack of knowledge you can count on it being a Royal PITA! If it get's to be too much for civil authorities, they can always turn it over to the FCC. Considering who they would be getting the complaint from, do you really think the FCC will just trash-can it? (Not with my luck, but whatever you think.)
- 'Doc

[MysteryMan]

Hi Doc,

I will check with the ARRL and a friend of mine in the Sheriff dept. I am confident that the police can not remove transmitter equipment from privet property. It has nothing to do with them. Sure they can come out and talk to you but they have no way of finding who the problem is. The first thing the judge would ask is "How did you determine it was this person" Because the neighbor said so... That wont stick a judge would throw it out.

The FCC would need to do surveillance with there DF unit and identify the problem first. Then they write a letter and ask you to stop.

It's a legle process they need to follow.

['Doc]

Actually, the police can do the same thing the FCC does, and it will have the same validity in court. The big difference is that the interference complaint can, and might be filed as a disturbance, or public nuisance thing. Since the delegation of authority from the FCC about enforcing CB radio complaints, it can be handled several different ways, all of them legitimate, -IF- done correctly.
I also think that if you ask your local police department's policy, they are not going to want to have anything to do with it unless they have too! It does involve some training and equipment they probably haven't gotten -yet-, and probably have absolutely no desire to have... -ever-.
But ask! I'd be interested in knowing what they say.
- 'Doc

[TheTeZ]

doc is right, fcc gave them "jurisdiction" over this not too long ago

[jwalker48]

I found it on the 'web. Google PL 106-521 signed by Clinton in 2000. If the locals pass an enabling ordinance, the police CAN answer complaints against CB operators. Licensed services are exempt and must be referred to FCC. The locals are also supposed to get assistance from FCC as well.......................


jwalker

[MysteryMan]

Ok I have answers:

This is from Dan Henderson from the ARRL.

"Steve:

The FCC has been clear - they retain RFI cases for amateur radio. There is NO local jurisdiction over RFI complaints against an amateur.

They have, however, indicated that if the local authorities wish to enforce an existing local ordinance regulating interference from CB ONLY they would not oppose this. Let me be VERY clear - This is ONLY to enforce a local ordinance ONLY covering CB radios. This does not include the amateur service. And there must be a local ordinance applying to CBs on the topic. They can't use a general ordinance as the basis for the claim as I understand this.

As far as confiscating equipment, that is something you would have to discuss with the legal authorities. I am not an attorney.

73

Dan Henderson, N1ND
ARRL Regulatory Information Manager"

Next:

From Deputy **Censored** with the local Sheriffs.

Steve,

I researched this and discovered that our department will not respond to CB interference calls. Part 97 clearly states "electronic equipment is subject to interference" It is a waist of resources, besides the cost. In continuation, no ordinance on our books give us authority to inspect, remove or check a CB station or issue a citation. I called agent McMan "you remember him" to talk about the equipment and what is involved with following the laws in doing this.

Here is his information:

The cost involved in buying the correct monitoring equipment as the FCC uses and the training involved would cost over $450k and they need to do over 60 hours of surveillance before acting. In Virginia a local law enforcement did arrest a man for CB interference and it was over turned and the city was successfully sued for 1.2 Mil.

Jeff



So, I would say by this, that your local PD would need it written into the books as an ordinance before they can take any action & be able to justify the cost of the equipment and training.

~Steve

[hunter]

I'm afraid that about the police and transmitters isn't true -if- those transmitters are not used in a licensed service (CB isn't licensed). A complain to the police certainly can result in a CB'er being fined, or worse. What's it been, two years since the FCC released that authority to non-federal jurisdiction. Very few law enforcement agencies are knowledgeable about the interference thingy, but they do have the authority to resolve a civil issue. Because of that lack of knowledge you can count on it being a Royal PITA! If it get's to be too much for civil authorities, they can always turn it over to the FCC. Considering who they would be getting the complaint from, do you really think the FCC will just trash-can it? (Not with my luck, but whatever you think.)
- 'Doc

They can sue you in civil court for disturbing the peace. I read a while back where it happened.