Ham radio operators own the amateur radio assigned frequencies no more than
any other person...ham or not!

The frequencies are owned by the public. The FCC has been charged with
"managing" those frequencies by congress. These frequencies can be
re-assigned to other services.

"robert casey" wrote in message
k.net...
Randy A. Hefner wrote:
The problem with many (not all) ham radio operators is that they think
they
own the frequencies assigned to them and they have a "right" to use
them.

Neither is true!


In one sense we hams all "own the ham band frequencies", ie,
the FCC allocated them for us to use. But no one ham has
exclusive right to any one frequency. You first check that
the frequency is clear, then use it, then when you're done
give it up for others to use.


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In article , "KØHB"
writes:

"Steve Robeson K4YZ" wrote

Gotta love that "paternal parent fornicating scumbag" vulgarity-line of
yours
too.

But...but...but...HANS!

None of THOSE words were on the "seven words" list either!

Of course they're not. I just googled them up out your old posts to show how
your pompous indignant hand-wringing about bad language rings as hollow as
your empty morals.

Let us not forget that lovable Yiddish pejorative, PUTZ, used by his
nobleness, in hundreds of sign-offs.

PUTZ is common Yiddish and is used (when not meaning "to polish")
as a euphemism for "penis head" as in those who think only with
their brains in the male genital organ.

In another thread, someone with the pseudonym "TrueAmerican" used
another common Yiddish word "schlepp" (to drag through many things
or slog a long distance). ["schlepp" is not a pejorative but its origins
are very UN-American, heh heh]

Apparently, any euphemism in a language not commonly used by
a group is "okay" or "correct."

Hypocrisy is alive and well and living, among other places, TN. :-)

That, and to watch you jump like a puppet when we pull your strings.

...works every time! :-)

Obscenity would get you a citation, but bull**** is not on the famous "7
words"
list.

It does, however, contain a word that is.

John Kasupski, Tonawanda, New York
Amateur Radio (KC2HMZ), SWL/Scanner Monitoring (KNY2VS)

Psychiatrist to Hams wrote:


And all the above is your own stupid OPINION and has no basis
in fact whatsoever!

Kinda like yours.

On Sat, 4 Dec 2004 08:25:51 -0500, Dee D. Flint wrote:

I would not use it over the air as vulgarity is also not allowed.

The prohibitions in Federal criminal law a

18 USC §1464. Broadcasting obscene language.

Whoever utters any obscene, indecent, or profane language by
means of radio communication shall be fined under this title or
imprisoned not more than two years, or both.

The prohibitions in FCC Rules a

97.113 Prohibited transmissions.

(a) No amateur station shall transmit:

(4) ... obscene or indecent words or language; ...

[Note that the "profanity" proscribed by Section 1464 is not
present in the Part 73 rule, but I would not want to be the one
to push the issue.... ggg ]

The "Cliff Notes (R)" on this subject, in an FCC Publication "The
Public and Broadcasting" are aimed at broadcast stations but the
prohibition has been deemed equally applicable to Amateur stations
by case law:

Obscenity and Indecency. Federal law prohibits the broadcasting
of obscene programming and regulates the broadcasting of
"indecent" language.

Obscene speech is not protected by the First Amendment and cannot
be broadcast at any time. To be obscene, material must have all
three of the following characteristics:

an average person, applying contemporary community
standards, must find that the material, as a whole, appeals
to the prurient interest;

the material must depict or describe, in a patently
offensive way, sexual conduct specifically defined by
applicable law; and

the material, taken as a whole, must lack serious literary,
artistic, political, or scientific value.

Indecent speech is protected by the First Amendment and cannot
be outlawed. However, the courts have upheld Congress's
prohibition of the broadcast of indecent speech during times of
the day when there is a reasonable risk that children may be in
the audience......[discussion of "safe harbor" broadcast periods
deleted]... Indecent speech is defined as "language or material
that, in context, depicts or describes, in terms patently
offensive as measured by contemporary community standards for
the broadcast medium, sexual or excretory organs or activities."

Profanity that does not fall under one of the above two
categories is fully protected by the First Amendment and cannot
be regulated.

Do you find "vulglarity" amongst the material above? I sure don't.

Use or non-use of vulgarity is much more of an issue of one's
upbringing and command of the language.

--
73 de K2ASP - Phil Kane

On Sat, 04 Dec 2004 15:36:04 -0500, John Kasupski wrote:

Obscenity would get you a citation, but bull**** is not on the
famous "7 words" list.

It does, however, contain a word that is.

And as every communications or constitutional lawyer knows, the
"Seven Dirty Words " (not the actual title of the monologue by
George Carlin) has no standing at all in law, and was attached to
the Supreme Court's _Pacifica_ decision only because it was the
thing that the original complaining listener objected to being
broadcast.

The FCC has never used a list of words for enforcement purposes.

--
73 de K2ASP - Phil Kane

John Kasupski wrote:

Obscenity would get you a citation, but bull**** is not on the famous "7
words"
list.


It does, however, contain a word that is.


So does "Matshu****a", Japan once had a prime
minister "Mr Take****a". ANother guy from Japan
once gave a paper at a cunsumer electronics
convention, Mr Fukuda. But I think the FCC
won't have a problem with any of these except
"bull****".

Phil Kane wrote:


the material must depict or describe, in a patently
offensive way,

I have 13 patents, and another patent pending. If I
invent new dirty material that is patently offensive,
can I get the patent on it? :-)

sexual conduct specifically defined by
applicable law; and

the material, taken as a whole, must lack serious literary,
artistic, political, or scientific value.

Indecent speech is protected by the First Amendment and cannot
be outlawed. However, the courts have upheld Congress's
prohibition of the broadcast of indecent speech during times of
the day when there is a reasonable risk that children may be in
the audience......[discussion of "safe harbor" broadcast periods
deleted]... Indecent speech is defined as "language or material
that, in context, depicts or describes, in terms patently
offensive as measured by contemporary community standards for
the broadcast medium, sexual or excretory organs or activities."

I guess that explains how and why I once heard the word
"Motherf*cker" on terrestrial broadcast TV around 10:30PM.
Channel 17 in Philly showed "Fort Apache the Bronx" then.
Or is it that the rules are looser if your station carrier
is above 200MHz? :-)

Profanity that does not fall under one of the above two
categories is fully protected by the First Amendment and cannot
be regulated.

Somehow I thought "Profanity" = "Obscene speech"....

Subject: amateur radio hypocrites
From: "Phil Kane"
Date: 12/4/2004 8:50 PM Central Standard Time
Message-id:

Do you find "vulglarity" amongst the material above? I sure don't.

I can't find "vulglarity" ANYwhere, Phil... ! ! !

73 with a tug on the leg....

Steve, K4YZ

In article , "Phil Kane"
writes:

On Sat, 04 Dec 2004 15:36:04 -0500, John Kasupski wrote:

Obscenity would get you a citation, but bull**** is not on the
famous "7 words" list.

It does, however, contain a word that is.

And as every communications or constitutional lawyer knows, the
"Seven Dirty Words " (not the actual title of the monologue by
George Carlin) has no standing at all in law, and was attached to
the Supreme Court's _Pacifica_ decision only because it was the
thing that the original complaining listener objected to being
broadcast.

The FCC has never used a list of words for enforcement purposes.

--

People forget that Carlin's routine was meant to be *comedy*, and as such was
not meant to be taken as fact. But as sometimes happens, it started an urban
legend.

btw, George Carlin is often listed as the author of things he never wrote.

It is my impression of the rules that FCC is more concerned with context than
the actual words. The reason for the hullaballo (and fines) over the Janet
Jackson
"wardrobe malfunction" (as I understand it) was that it was not to be
reasonably expected in a football halftime show. IOW, it was completley
unexpected in the context of the program.

Contrast this with "Saving Private Ryan", which was aired unedited despitre its
violence and language. The audience was cautioned of the film's content before
and during the broadcast. The film's MPAA rating is public information, too.
Most of all, the language and violence were in an accurate context, and were an
integral part of telling the story. Thus, certain language could be used that
would rate a fine in a different context.

The way all this relates to amateur radio is: We hams do not usually operate on
a published schedule, nor do we have a rating system to let listeners know
ahead of time what to expect. Therefore, all amateur radio communication must,
by the rules, be "G rated" - or run the rsik of enforcement action.

At least IMINALO (In My "I'm Not A Lawyer" Opinion)

73 de Jim, N2EY