Todd
L. Sherman, KB4MHH
31
Wesley Road (Rear Apartment)
Ocean
City, NJ 08226-4465
Tel.
(609) 398-8113
April
21st, 1990
Federal
Communications Commission
P.O.
Box 1020
Gettysburg,
PA 17326
To
Whom It May Concern:
If possible, would you please send me any
information available regarding the use of scanners--especially in the motor
vehicle?
I came across an unusual situation,
recently. I was pulled over one day,
last month, by a local police officer because of a 'REJECTED' inspection sticker
that I had across my windshield. The
officer had noticed the scanner that I used to listen to the 50-54MHz,
144-148MHz and 420-450MHz amateur bands with.
It was a hand-held scanner; and it was not connected to the car by any
external antenna or power supply. Nor
was it 'mounted' to the car in any way.
However, the officer did try to confiscate the
scanner--citing an apparent local ordinance prohibiting the use of scanners in
motor vehicles.
Being from Florida--where the state law
specifically exempts amateurs from the restriction--it never occured to me to
think that things might be different someplace else--until too late.
I got my scanner back only because I
actually challenged the officer, on the spot.
I did not agree with his reasoning for confiscating my scanner. Most scanner laws use such words as
"mounted," "permanent," and/or "...used for the
reception of police, fire, paramedics...," etc. One of the reasons for the public restriction of the use
of scanners in motor vehicles is, basically, to prevent the obstructions of
justice that do tend to occur. However,
Florida recognized how responsible the amateur radio community was in
that regard. So, they exempted
us—especially because of the major amount of public services that we always end
up providing time and time again. The
Emergency Services knew us well.
And, on a different point, I am an
amateur radio operator who uses frequencies that are sometimes very close
to—and ‘neighbor’—other frequencies used by some public service agencies. To monitor the frequencies which I use, I
need a receiver such as a scanner. I
like to listen to the other UHF/VHF ham bands.
Although I don’t have transmitters for the 50-54 MHz or the
420-450MHz bands; must I be inhibited from purchasing a receiver that can
receive those bands—simply because it has the capability of receiving other
bands, as well? Is this to say that the
FCC is telling me that I have to purchase a transmitter if
I want to listen to the other amateur bands?
Why? Why not just buy a single
scanner for $200.00 that can receive three of the bands, or more; and
save money?
And, on yet another angle: What if what I had was a scanning hand-held
transceiver—designed to cover both the 2-meter and 440 MHz amateur bands? Ahhh! Would they try to confiscate it then—because of the fact
that it scans? What if it also
had the capability to receive an extended range of frequencies? It is not uncommon for a digital scanning
hand-held to be able to do so. Is that
a ‘scanner,’ too?
My
father is a ‘ham,’ as well.
(K2KAB) He lives 75 miles
away. We likes to converse, often. Band openings – and lack of openings – cause
of both to have to search different repeaters to find each other. To have to constantly look down—and thus, away,
turn dials, and flip switches—while I’m driving—to find out ‘which repeater my
father is on today’ can be hazardous.
It is also, quite frankly, a pain in the butt. (Pardon the ‘French.’) It
is much easier to use a scanner and have it do the work of searching the
repeaters, for me.
Also, I am federally licensed. I argued that for the City to try to
regulate and hinder my federally-given privileges would be a violation
of my rights as a federally-licensed amateur radio operator.
These arguments were totally logical; and
they took the officer off-guard. He had
to call his Supervisor to the scene to help clear up the situation. They finally returned my scanner to me and
let me go—with a warning that I “might want to stop by the Police Station and
get a permit from the Chief of Police.”
That’s fine…if they want to give me a permit free-of-charge. But, if they are going to try to charge
me a fee for the permit to monitor my own federally-given frequency
privileges… That would not be fair
to me—and possibly many other amateurs located across the nation, as well.
And by the way, the officer stopped me
for a possible traffic violation; specifically, a possibly
expired ‘REJECTED’ inspection sticker—not specifically for
having a scanner in my vehicle. And I
was completely within the time limit given to straighten-out whatever vehicle
problems that I had. But that’s besides
the point.
If you could, please send me any
information (official Federal Laws, Rules, Regulations, Notices, etc.)
regarding the use of scanners (in or out of motor vehicles) that you can. I will gladly pay for the postage and
handling, if necessary. I am thinking
about bringing this to the attention of the City; and I would like to be
well-versed and prepared on the subject before attempting to take any
actions. If successful, other amateurs
may be able to use my case, and the local ruling, to the benefit of their own
suits against local governments in their attempts to regulate and inhibit (in
any form) the amateurs’ rights to the use (or monitoring) of their own
federally-given frequency privileges.
Thank-you for your time and cooperation
in this matter.
Sincerely,
Mr.
Todd L. Sherman
A.R.S.
KB4MHH