Author Topic: State Cell Phone Bill??????  (Read 4661 times)

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DragoSapien

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State Cell Phone Bill??????
« on: October 26, 2017, 09:31:48 PM »
Hey!!!! I was just listening in on the Big Spring Tx. D-Star reflector and the guys were talking about a cell phone bill and about ht's finally being excluded in Texas. The question was asked if ham radio was excluded from your cell phone bill (law) in your state. House bill 62 for Texas. Does anyone know where I can find this information in black and white. They were saying that ham radio is now excluded from this bill here in Texas starting September 1.
I would like to have a copy of it to keep in my vehicle in case I get pulled over by the cops for talking on my ham radio while I'm driving. I had no idea hams were being ticketed for talking on there radios while driving. LOL!!!!!!!!!!!!!!

AD

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Re: State Cell Phone Bill??????
« Reply #1 on: October 26, 2017, 09:42:29 PM »
That blows.  I guess cops can get ticketed too  8) :o
The only dumb question is the one that did not get asked!!

DragoSapien

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Re: State Cell Phone Bill??????
« Reply #2 on: October 26, 2017, 10:07:35 PM »
Thats so true!!!!!  LOL!!!!!!!  I just found this for my state.

https://legiscan.com/TX/text/HB62/id/1621583

 This subsection does not apply
    to a person licensed by the Federal Communications Commission while
    operating a radio frequency device other than a wireless
    communication device.

How ever, it my under standing that some city's have adopted the law for local.

BTPost

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Re: State Cell Phone Bill??????
« Reply #3 on: October 27, 2017, 11:32:14 AM »
This is a very common Exemption put into Distracted Driving Statutes, due to Hams having some sway with Legislatures, because of their good Work... It also keep other Taxi Drivers, and Business Radio Users from marching on the State Capitals....
Bruce in alaska AL7AQ

olfart

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Re: State Cell Phone Bill??????
« Reply #4 on: October 28, 2017, 01:27:38 PM »
Just out of curiosity, what is a ham radio if not a wireless communication device?  And what kind of RF device would the FCC require a license for other than ham/business radio?  The law seems a little ambiguous on that point.
"The cure of crime is not in the electric chair, but in the high chair"...  However, the electric chair works wonders on recidivism.

BTPost

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Re: State Cell Phone Bill??????
« Reply #5 on: October 29, 2017, 05:23:53 PM »
The FCC requires a License for ALL Mobile & Portable Radios, period... Some of those Licenses are Nation-wide Blanket Licenses, like CB, MURS, FRS, Non-Commercial Marine & Aviation... All State & local Government Radios are Licensed, by the FCC...  Federal Agencies are Licensed by the Office of Science & Technology (Whitehouse)  Some of the Operators like News Organizations, and Others are Part22 Licensees, as well...
Bruce in alaska AL7AQ

olfart

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Re: State Cell Phone Bill??????
« Reply #6 on: October 29, 2017, 10:13:50 PM »
That's my point. All of those are wireless communication devices. The law is not written in such a way as to distinguish between radios and cell phones, which leaves it to an officer's discretion whether or not to cite the operator.  As written, the Texas law leaves too much latitude. 
"The cure of crime is not in the electric chair, but in the high chair"...  However, the electric chair works wonders on recidivism.

BTPost

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Re: State Cell Phone Bill??????
« Reply #7 on: October 31, 2017, 01:02:43 PM »
You need to read the Definitions Section of this Law, to determine what the class as a "Wireless Communications Device"  and I think you will find it is limited to Cellular, WiFi, or BlueTooth, Connected Devices, that are visually distracting....  Most of the LawMakers, that write this stuff couldn't tech their way out of a Wet Paper Bag, so they depend of the Rest of us to Help them get the wording correct...
« Last Edit: October 31, 2017, 01:07:54 PM by BTPost »
Bruce in alaska AL7AQ

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Re: State Cell Phone Bill??????
« Reply #8 on: October 31, 2017, 02:32:52 PM »
"Cellular, WiFi, or BlueTooth, Connected Devices, "

None of those require licensing to operate.  As the statute seems to say if you are licensed to use it, you're good to go.  It could be said that if you have the license, you are presumed to know how to use the device safely.
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nu1w

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Re: State Cell Phone Bill??????
« Reply #9 on: March 16, 2018, 11:09:32 PM »
When New York originally drafted they're distracted driving (Cell phone) bill, there was no provision for licensed radio operators. A ham got ticketed, and got the League and FCC involved. The FCC basically told the state that they couldn't play in the Federal sandbox. Needless to say that law was amended to exempt licensed radio ops. I know Connecticut, and other early adopters of Cell phone bills, exempt radio operators from the law.

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Re: State Cell Phone Bill??????
« Reply #10 on: March 18, 2018, 11:19:37 PM »
Nice to know that we still have some pull.
The only dumb question is the one that did not get asked!!

apache235

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Re: State Cell Phone Bill??????
« Reply #11 on: March 19, 2018, 08:13:56 PM »
Nobody said our "elected officials" were terribly bright, and most of them can't write worth a hoot, but the job sure makes them rich - at least at the Federal level.

BTPost

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Re: State Cell Phone Bill??????
« Reply #12 on: March 23, 2018, 12:59:40 AM »
Another thing to consider... All Cellphones are FCC Licensed as Subscriber Units on the Station License of the Cellular Provider....  So an exemption as stated in the OP’s Post would exempt cellular Phones as it is written... Take that dufus Statute Drafters...
Bruce in alaska AL7AQ

EOC

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Re: State Cell Phone Bill??????
« Reply #13 on: April 03, 2018, 05:41:26 PM »
Nice to know that we still have some pull.

That is standard operating procedures for NYS.  They pass laws in the middle of the night with no input from taxpayers then have to amend them after because of rush to push them through unopposed!