On 11 Jul 2003 09:27:27 -0700, N2EY wrote:

One of FCC's biggest headaches in the avocational-radio area is the
pirate/freebander/bootlegger, who simply ignores FCC rules and goes on
the air using whatever mode/frequency/power/equipment/ID strikes their
fancy. Enforcement agains such folks is more challenging because
they're not in the database and they don't really care about "the
rules" anyway.

This is not a new problem - the FCC rules about RF power amplifiers
covering 12 and 10 meters were a response to these folks and the
manufacturers who sold to them, not any problem in ham radio. Those
rules date from 1978.

This sort of thing was debated amongst the cognoscenti in the hard
times before the CB license was abandoned by pressure from the Ford
Administration (Remember "First Momma" Betty Ford ??). Here are some
scenarios:

Imagined Scenario #1

Judge to Prosecutor - "What has this defendant violated?"

Prosecutor to Judge - "He operated a transmitter without a license"

Judge to Prosecutor - "Is there anything barring him from getting
a license?"

Prosecutor to Judge - "No, your honor"

Judge to Prosecutor - "Will he be legal when he gets one?"

Prosecutor to Judge - "Yes, your honor"

Prosecutor to Defendant - "I order you to get a license. Next Case"

Imagined Scenario #2:

Congress to FCC - "What is your number one headache that is costing
a lot of money?"

FCC to Congress - "Tracking down and punishing all the unlicensed
CB operators"

Congress to FCC - "Well, just drop the CB license requirement. Then
you won't have an "unlicensed" CB operator problem
any more"

Unfortunately, both of them were real and the FCC did the latter.

Perhaps FCC figures that if they make it easier to get an amateur
license, there will be more hams and fewer
pirates/freebanders/bootleggers. And if they get out of line,
enforcement will be easier.

Not at all. It's the same amount of work to DF the bozo, and the
penalty phase is just as difficult.

--
73 de K2ASP - Phil Kane