Amateur radio. Ham Radio?

Hi there

One answerer said ''Anyone, whether licensed or not, may own amateur radio equipment

and use it freely to receive on any frequency of which it capable.''

''The only aspect that would be illegal would be transmitting without a license.''

This is not true.

Below is an excerpt from a specific FCC law ruling (I assume that you are in the USA) regarding the owners of a pirate radio station.

6. Section 301 of the Act states that no person shall use or operate any

apparatus for the transmission of energy or communications or signals

by radio within the United States, except under and in accordance with

the Act and with a license granted under the provisions of the Act.

For the purposes of Section 301, the word "operate" has been

interpreted to mean both the technical operation of the station, as

well as "the general conduct or management of a station as a whole, as

distinct from the specific technical work involved in the actual

transmission of signals." In other words, the use of the word

"operate" in Section 301 of the Act captures not just the "actual,

mechanical manipulation of radio apparatus," but also operation of a

radio station generally. To determine whether an individual is

involved in the general conduct or management of the station, we can

consider whether such individual exercises control over the station,

which the Commission has defined to include ". . . any means of actual

working control over the operation of the [station] in whatever manner

exercised."

Note that there was a distinction between using and operating , they are not the same thing.

The word 'operate' can therefore be applied not only to a person that holds the microphone and presses the transmit button , but it also can be applied to those that have access , or the ability to influence operation over the transmitting equipment.

But notice the last sentence.

''--any means of actual working control over the operation of the [station] in whatever manner exercised."

In reality this means ,,, anything that the FCC darn well wants it to mean.

So , if you are in possession of transmitting equipment that you are not licensed to operate the FCC 'could' take action against you.

It is their opinion that if you have 'constructive possession' over it , then probably you have the intent to use it.

If a complaint surfaces that seems to support the idea that you have used the radio equipment while unlicensed they 'could' come after you.

If the radio equipment was stored in a box it doesn't make any difference.

If it CAN be made functional (not broken) , and it is in your possession , then that is enough to consider it to be operational.

While it may be hard for the Radio Cops to prove that you have 'used' the radio , they would consider complaints as somewhat proof that substantiates the claim.., and if you are in possession of the equipment , you would find it pretty hard to refute.

A transceiver on the desk with the microphone unplugged would not be viewed as a receiver.

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''When I do my exam and get my Ham license, would that allow me to use any Ham frequency or are there different levels of Ham radio licenses? ''

There are limitations on frequency usage depending on license class.

The lower the license , the less bands you can use.

Anyone, whether licensed or not, may own amateur radio equipment

and use it freely to receive on any frequency of which it capable.

The only aspect that would be illegal would be transmitting without a license.

Another answerer said he thinks amateur radio is a dead hobby

and that it will abolished soon.

Where he gets such ideas, I can't even guess.

He must be a terrible pessimist.

The hobby is growing, if only slowly, and if it is to be abolished,

there will be one very nasty fight before it's all over.

I got my license (KJ6QKV) in August of 2011.

If the sizes of the groups of people I have seen taking tests

and attending radio swaps are any sort of indication,

amateur radio has a long future ahead of it.

The first license level is Technician, which has rather restricted privileges on HF,

but allows one to use most frequencies on 2 meters and higher

(there are some minor exceptions -- be certain to read all the rules!).

The next level is General, which allows use of

a good portion of each of most of the HF bands.

The top level is Extra, which allows use of all amateur frequencies.

Some people make a huge effort and pass all three tests in one day,

thus starting out as Extras.

Good for them, but it seems like too much to me.

I waited several months after getting my Tech license

before I upgraded to General.

For me, Extra is a long-term goal.

John Portune, W6NBC, conducts 4 or 5 "license in one day" sessions

in my area each year. This idea is spreading fairly fast.

Check his site, w6nbc.com, for more info.

73

KJ6QKV

I don't think so, as far as I know as long as you don't transmit you should be fine. That guy could be speaking out of his rear end. You can use CB Radios without a license providing your not using anymore than 4watts of power and you can use PMR446 0.5watts without a license.

Amateur radios require a license. I'd say any other transceiver that isn't a Ham/CB/PMR446 get rid of it, as those can land you in **** just for having them.

Get rid off any linear amplifies too as they are illegal.

Keep your CB Radios (27MHz) keep the PMR446's

The ham radios you might want to consider storing them some place else other than your home until you get your license.

Ham radio is a dead hobby and so is CB radio so your probably better off cashing them in on ebay get shot of the lot. It will only land you in trouble and for what? for some old obsolete Ham radios? by 2015 I think Ham radio will be abolished anyway. Its not worth it

I hope you gave him negative feedback. It is not illegal to own it. The man is a fool.