Perhaps I have not made my points very clear. The do’s and don’t are no different if one is licensed or not where radio frequency emissions are concerned.
DO educate yourself on the FACTS!
DON’T interfere with others.
Having a license does not grant any additional rights and in many cases does just the opposite.
License or not the standards must be followed.
Breaking any rule when not having one will result in receiving a notice from the FCC advising you of the problem(s) that you are responsible for creating and no farther actions can be made without at least additional 10 notices. (as with my pre case notices) No law was broken.
Having a license on the other hand could result in fines and or serving time, NOT for violating any rule but for a breaking of contract agreement that IS unlawful.
Please go back and read again and understand my post on this issue.
This is another great thing about living in America! The fact that we are able to even talk about these issues sets us apart from the rest of most of the world where this topic could not even occur.
I also do not advocate violating regulations set for standardizing organization on the airwaves, however anyone considering if having a license is the best way to go needs to study this matter deeper.
I will not respond to this issue with any opinion as facts are stranger then pre conceived ideas.
I can only advise on the facts that I have learned having spent over a half year in a federal courtroom on the case of “The United States Of America V/s Michael Shearer” On Operation of a radio station without a license.
Notice that the F.C.C was NOT the federal agency responsible for the case, they only persuaded a judge to issue the warrant and since NO law was ever broken I was never arrested. Other government agencies took over for the FCC and only called on them to the stand.
My case would have been over much sooner had I understood at that time that I was not only correct about the not needed a license issue but the FCC was afraid that I would start a class action law suite against them. To make a long story short, that was never my intention and at the end of the trial the chief engineer with the FCC at that time walked up to me and said “Mr. Shearer, you have placed my department in a very embarrassing position” and walked away.
That statement among other reasons was his admission of wrong, and my case and others after mine, forced the FCC to not only remove the need for holding a license for operation of any citizens band radio equipment, but also required that that stop charging a fee for them.
Today that fact is still in place on our books do to the outcome of my case.
By NOT challenging the systems that should be working for us we can never expect any improvements with our regulating system.
If it were not also for others like Alan H. Weiner and the likes that do have an understanding of the licensing issues,
he would not be transmitting today employing his 5 transmitters of 50,000 waits on the ONLY totally free speech radio station in the world. http://www.wbcq.com/
His relentless winning cases every time the FCC took him into court over the non licensing issues after 20 years paid off when they finally issued him a license just in order to end the expenses he was making for them.
Most people like him have a much better understanding of how best to conduct radio emissions then the majority of the ham radio operators on repeaters today that have less of an understanding of radio then the average CB’er from 20 or so years ago.
Most new ham operators memorize the answers to the test questions and as quickly as they can take the test. Today not even any understanding of the Morse code qualifies one for a license.
Most, not all but most can not repair any radio equipment they own and non that I know that have been licensed for less then 20 years have any knowledge on how to design or build a transmitter with over 5 watts of output power.
I have successfully designed, built and operated a FM stereo broadcast station within my community without holding any FCC issued license for well over a year without any FCC intervention. Only after that did I encounter my first report of interference to a license commercial broadcast some 60 miles away from my transmitter and the report came from the station owner (also a ham operator) NOT from the FCC, and the problem got corrected by only the both of us.
He and I became good friends and after his holding a FCC issued license for over 20 years the FCC forced him off the air by issuing someone with more money permission to displace his station on the same frequency.
This is what he and I sent in an e-mail.
**Sent e-mail message
From: LPFM103@webtv.net (LPFM*103.1) Date: Mon, May 13, 2002, 2:01pm
To: XXXX@aol.com Subject: Re: 103.1 KCDX
Please forgive my ignorance on this but how and why if you have been granted a license years ago to employ 103.1 MHZ for the operation of a translator, would they do that to you?
Why should you even bother with the license?
Even us “pirate” broadcasters know not do make interference with anyone else.
From: XXXX@aol.com Date: Mon, May 13, 2002, 6:40pm (MST+3) To:
LPFM103@webtv.net Subject: Re: 103.1 KCDX Yes Mike * — we (translator owners) all agree to be prempted should a full power come along. Oh yes — now we could bid against the full power guy for the channel. Wonder what a channel that covers Phoenix is worth. All comes down to money doesnt it ? Good luck with your project – you see why a non licensed operator is safer in the short run than a translator guy. my best * Rich
I am still free to this day to continue my FM broadcasting however I have recently given up FM broadcasting station on my own free will.