[OZAPRS] Concerned about 10.151Hhz LSB

[Kevin Dawson]

On Thu, Dec 04, 2003 at 06:20:35AM +1100, Darryl Smith wrote:
> Of course, although it has not been tested in court to my knowledge,
there
> is a defense of the 'having a device able to receive on a frequency you
do
> not have a license for' section. 

Lawyer logic - an admission of guilt is a defence :-)
In any case, it is permissible to listen to anything except
telecommunications.
(And, as noted elsewhere, the Secrecy of Communications declarations mean
some of us can't tell anyone else that such communications even existed.)

If it ever got to the stage of an RI wanting you to prove that your spurii
2kHz away were not excessive, it's probably because you have other
problems.

> Take the example of a ham using the HF radio also for CB and RFS. The
ham is
> not licensed for these frequencies, and under normal reading would be
> charged with unlicensed transmissions. But under the alternate, he is
just
> operating outside his license conditions on his ham band - a smaller
fine

Not quite.  The transmitter is not type-approved for those bands,
so you're operating an illegal radio without a licence
and causing the other station to operate illegally by communicating
with someone who is outside their particular licence structure.
Even CB class licensing has these conditions - you don't have the benefit
of the licence with a non-approved radio.

You'd be hard pressed to say you're only a bit outside your licence
conditions.

> From: Richter, Mike W [mailto:Michael.Richter at team.telstra.com] 
> 
> "Having a transceiver capable of transmitting out of band, as we know,
is 
> illegal" 
> 
>  - that's news to me, I didn't think possession of any transmitter on
any
> frequency was illegal. I thought only transmitting was illegal.

That is how it used to be, but the RadComm Act made possession illegal too
(without just cause, of course).
Has that changed?  I haven't read the scaleplus site pages yet,
so I may also be talking through my beard.

My preference is that the physical transmission is the illegal bit,
but then, IANAL (and I don't even watch them on TV).

Kevin
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