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cougar country
| | Posted on Saturday, October 05, 2002 - 5:44 am: | 
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I just went to superior court of washington state thurston county for transmiting on a legal 4 watt cb radio in a apartment. The judge said I would have to stop talking on my 4 watt cb radio and remove the antenna that I had put out the window of the apartment that was not attached to the building.Or the judge would rule in favor of my wifes guardian and seize my radio and antenna and sell it.I tried to expain to the judge that its my civial right to talk on the radio but the judge didn't care at all about my civial rights & the fcc rules & regulations. what can I do so I can use my radio again & can anyone help me? please email me at skywolf@nocharge.com thanks for any help. |
B1kshad0w
| | Posted on Saturday, October 05, 2002 - 9:51 am: |
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Get a lawer, print out the laws for the judge. With the new laws they can enforce the fcc rules, but CANNOT exceed them. I would look at http://www.access.gpo.gov/nara/cfr/waisidx_00/47cfr95_00.html or and around the www.fcc.gov site. It's on there somewhere. Just seeing your post makes me upset. |
bruce
| | Posted on Saturday, October 05, 2002 - 1:00 pm: |
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The ONLY way he can do that is if the place is deed restricted then FCC rules do not apply. The fact there is a deed restriction can force you off the air...... THAT said i think his threat to seeze the radio is in question Here is the BEST way to find out go to WWW.ARRL.ORG write the league explane your problem chances are either they can help or at least give you the right information B1kshad0w is correct but you got to watch thoes deed restrictions the FCC cant help you if thats the problem Bruce
E-MAIL WA4GCH@YAHOO.COM if you need moer help |
Kraig
| | Posted on Saturday, October 05, 2002 - 2:29 pm: |
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In the 1970's when I lived in a deed restricted apartment in Virginia Beach, Virginia I used my car as the antenna. I would park the car so the car trunk would be near my apartment window, off the parking lot, and run the coax to the car. I had acceptable results using cophased Francis 3/4 wave trunk mounted 102" fiberglass whips.
Maybe the Judge would find this acceptable in your case. |
Taz
| | Posted on Saturday, October 05, 2002 - 2:43 pm: |
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cougar country, you came to the right place no doubt.
Bruce can defenatly help you with this issue. Good luck. |
DeadlyEyes
| | Posted on Saturday, October 05, 2002 - 3:24 pm: |
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Bruce is correct. Check the lease you signed. If it states anywhere, including the fine print, that you may not have an external antenna then of course he can order you to cease operatins.
However what is this WIFEs GUARDIAN stuff. If she is past the age of concent and of adequate mental capacity can she not tell the ol bag to go to the warmer regions of the earth.
ADULTS do not have guardians. |
Taz
| | Posted on Saturday, October 05, 2002 - 3:39 pm: |
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thats a cool idea! |
Taz
| | Posted on Saturday, October 05, 2002 - 5:34 pm: |
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good point DE |
bruce
| | Posted on Saturday, October 05, 2002 - 6:14 pm: |
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DE IM A LEAGAL GUARDIAN HERE IN FLORIDA and adults can have guardians but Why? My ward is totaly disabled with a IQ of 30 cannot talk and can do nothing for him self INCLUDING get married or enter into a contract. That said i have forwarded this information to the ARRL so that we can find out what his rights would be other than the deed restrictions. The PRB-1 even though it doen not directly apply to CB the FCC will use it to protect LEAGAL CBer's rights. Yes CBer's have rights and like HAMS its benifits all of us to see that they are protected. |
707
| | Posted on Saturday, October 05, 2002 - 7:10 pm: |
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"..The judge said I would have to stop talking on my 4 watt cb radio and remove the antenna that I had put out the window of the apartment that was not attached to the building.Or the judge would rule in favor of my wifes guardian and seize my radio and antenna and sell it..."
There are a couple of different issues going on here, neither of which appears to have anything to do with FCC regs, but more with some personal issues and tenant agreements.
In exactly what issue is the judge ruling the seizure of equipment? How is your wifes guardian involved? Does the guardian have control over the apartment property? Is the apartment leased in the guardian's name? Is the guardian concerned over your usage of the CB? Some personal thing between you and your wife?
In any case, the judge has absolutely no power to "seize" your CB radio, unless you are creating interference(by community ordinance) or it is being seized to compensate a debt to the plaintiff (municipal court) OR it is as I have surmised:
The Guardian is responsible for your apartment lease, and you have breached the lease by having a visible antenna structure, thereby putting you and your wife at risk of eviction, also causing the loss to the Guardian of the lease deposit.
SO, (wifes)Guardian wants to force you by court order to stop jeopardizing your wife's place of residence with your violations of the lease for which he/she is responsible.
Is this the case? |
Czar
| | Posted on Saturday, October 05, 2002 - 7:14 pm: |
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Hey bruce, I thought that prb-1 ONLY pertained to HAM operators,NOT cb'ers??? I don't know that much about this legislation but I was under the understanding that cb'ers were NOT included in this???I hope we are though. |
Znut
| | Posted on Saturday, October 05, 2002 - 7:20 pm: |
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That's my Bruce! |
bruce
| | Posted on Saturday, October 05, 2002 - 7:25 pm: |
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PRB-1 as i said is a ham law but it is used by the fcc as a guide line for cb disputs too remember under the law a CBer who is leagal has every right to use his radio look at the FCC local inforcement laws they apply ONLY to illeagal radios so local goverment has no right to stop a leagal station only the FCC controls a leagal station bottom line if the local goverment steps over the line THEY are in violation of the law. |
bruce
| | Posted on Saturday, October 05, 2002 - 8:01 pm: |
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Crar i went and read it again and even thought is is a ham law understand the FCC is not goin a allow a CB antenna ban your city cannot pass a law prohibiting CB antennas. Now you must comply with building codes... prb-1 will not help you here... here in pinellas county florida you cannot install a antenna over 35 foot with out a permit how ever ive been here 30 years and unless it falls or your causing problems no one will bother you. Local laws do not apply to leagal CB users only ILLEAGAL ones. Under FCC law you are allowed to put up a antenna you must comply with the rules of part 95 and i think you will find no FCC offical will tell you that your city can stop you...PRB-1 has been used by dish owners to go to court and fight for the right to install them unless you have a deed restriction they do not have the right. Now as for deed restrictions we are both dead meat at least for now |
bruce
| | Posted on Saturday, October 05, 2002 - 8:06 pm: |
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707 as a guardian i think your right it would fit the range of protection i have to give my ward.
How ever i did forward a letter to arrl hq to see what they would say
Thanks Znut but what is fair is fair and everyones rights have value |
Czar
| | Posted on Saturday, October 05, 2002 - 8:21 pm: |
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Well I am working in phoenix with rep J D hayworth and we wil see in the future that prb-1 is going to be useless.It is not AT ALL what it is cracked up to be !!! |
Alsworld
| | Posted on Saturday, October 05, 2002 - 8:23 pm: |
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Bruce you certainly are a man of action. Very respectable indeed.
Alsworld |
bruce
| | Posted on Saturday, October 05, 2002 - 9:27 pm: |
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czar what are you trying to do with prb-1??? |
Topten
| | Posted on Sunday, October 06, 2002 - 2:00 pm: |
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CC, Your best bet is to find a new place to live without all the restrictions that all apartment, condo, & idiotic ASSociations have with their stupid little so called by-laws. But if you want to live where they can tell you what you can and can't do, then this is what you can expect everytime. I once went through a similar senario in 1986, I got a lawyer, best $50 bucks I ever spent too! He knew exactly which buttons to push on my landlord and I won my case! But now I live in my own house and have my I-Max 2000 proudly standing 45 feet up! You do have "RIGHTS", go get a lawyer (get one who talks on radios themself's) then have him or her start making phone calls, if that doesn't work then threaten to sue, and then see'em in court!!! Stand up to these people, and don't ever give up! Good Luck!!! |
bruce
| | Posted on Sunday, October 06, 2002 - 7:26 pm: |
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Hey topten what were they upset about ? or was it the same old we dont like the way it looks??? What grounds did you lawyer use. Deed restricions are the next thing the ARRL is fighting but i think they should be fighting to RENEW intrest in radio |
Topten
| | Posted on Monday, October 07, 2002 - 6:39 pm: |
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Hi Bruce, It just seems to me that most folks think CB is evil, and they hate the sight of an antenna. CC got rail-roaded by some dumb judge that doesn't have a clue of what communicating on a two way is all about. It's just plain fun, and he has a right to have it. But for his own sanity he should move to a place of his own where he can set up his antenna and have peace of mind. The outcome of my little fight was just to really get back at my stupid landlord, I did have to take my antenna down but I set it right back up most everynight about (90 DAZE) till I moved out of there. (can you say bleed) (Heh Heh...) But to pay a bunch of wipes your hard earned dollar so that they can tell you what you can and cannot do with your own property really stinks. It makes me sad to think that people just put up with all these kinds of petty little rules. It's just UN-American !!!!
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bruce
| | Posted on Tuesday, October 08, 2002 - 8:16 am: |
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Ive know many who have been burned by deed restrictions some the seller forgot to tell them but in Florida you cant win...... unless your out for REVENGE! I worked with a engineer who liked to issen to space stuff and put a beam in his yard and his homeowner assoc got wind and filed suit. Well you know THIS MEENS WAR! so he went around and doctumented all violations by everyone else over 100 of them and got a lawyer and suited it cost the people over $100k ... nice traid off for a $45 antenna but he always plays for keeps.
Get a lawyer and never belive a real state office ....when asked some can be just a bit dis hounest.... deed restriction WHAT deed restriction? right !
I live in the county and except for safety our antenna laws are strate foward.
Bruce |
Topten
| | Posted on Tuesday, October 08, 2002 - 5:47 pm: |
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Hooray For The Little Guy!!! |
bruce
| | Posted on Wednesday, October 09, 2002 - 7:28 am: |
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topten
The best way to get around most antenna laws is put up a flag pole that just happens to stand 20 foot tall and put the base into a insulator and feed it as a 1/2 wave ..... burry 4 radls in the ground im thinking of doing this for 17 meters a 25 foot pole with a nice flag .... HE HE HE the wife will never know! |
Topten
| | Posted on Wednesday, October 09, 2002 - 9:49 pm: |
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Cool... |
Taz
| | Posted on Thursday, October 10, 2002 - 10:43 am: |
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hahaha bruce thats cool |
