> Scott wrote:
>> Jer <gdunn@airmail.ten> wrote in
>> news:1392k4mg1j9k018@corp.supernews.com:
>> >> What part of
>> "private property" is so difficult to understand? The front half or
>> the back half?
>>
While you might like to think that one's home is his or her castle and
that such rights are absolute, they are anything but. Just like you
can't operate a meth lab or commit murder, you can't violate a seemingly
infinite number of other other restrictions. In fact, even your deed to
the land lays out many restrictions and prohibited uses that may go even
beyond what the law requires.
In the USA at least, like it or not, private property ownership rights
do not include lots of things including the operation of unlicensed
radio transmitters above 100mw ERP and specifically ANY form of cell
phone jamming no matter how noble the purpose might be.
The
FCC can levy a fine of as much as $11,000 per day including the
first offense for the operation or interference of cell phone signals.
If you don't pay the fine, the courts can take your private property and
sell it to pay them.
See:
http://www.fcc.gov/eb/Public_Notices/DA-05-1776A1.html or below
for details.
Private property ownership does not grant the owner the ability to creat
a private fiefdom where the laws of the land do not apply. The owner
and ownership of land are still governed by municipal, state and federal
codes, regulations and laws. The dividing line between private property
rights and government intrusion or intervention is constantly being
fought in the courts with varying outcomes.
FCC RULE:
Sale or Use of Transmitters Designed to Prevent, Jam or Interfere with
Cell Phone Communications is Prohibited in the United States
In response to multiple inquiries concerning the sale and use of
transmitters designed to prevent, jam or interfere with the operation of
cellular and personal communications service (PCS) telephones, the
Federal Communications Commission (
FCC) is issuing this Public Notice to
make clear that the marketing, sale, or operation of this type of
equipment is unlawful. Anyone involved with such activities may be
subject to forfeitures, fines or even criminal prosecution.
Cellular and PCS telephones provide valuable wireless communications
services to the American public for business and personal
communications. Recently, however, the
FCC has seen a growing interest
in devices --- called “cellular jammers” or “cell phone jammers” ---
designed to deliberately jam or disrupt wireless communications.
Inquiries about the use of cellular jammers are often accompanied by
comments that the use of wireless phones in public places is disruptive
and annoying. Advertisements for cellular jammers suggest that the
devices may be used on commuter trains, in theaters, hotels, restaurants
and other locations the public frequents.
The Communications Act of 1934, as amended, and the
FCC rules prohibit
the manufacture, importation, marketing, sale or operation of these
devices within the United States (See Section 302(b) of the
Communications Act, 47 USC § 302a(b) and Section 2.803(a) of the
FCC's
rules, 47 CFR § 2.803(a)). In addition, it is unlawful for any person to
willfully or maliciously interfere with the radio communications of any
station licensed or authorized under the Act or operated by the U.S.
Government (See Section 333 of the Communications Act, 47 USC § 333).
Further, Section 301 of the Act, 47 USC § 301, requires persons
operating or using radio transmitters to be licensed or authorized under
the Commission's rules.
Parties violating the provisions of the Communications Act and/or
FCC
rules mentioned above may be subject to the penalties set forth in 47
USC §§ 501-510. Monetary forfeitures for a first offense can be as much
as $11,000 a day for each violation and could subject the offender to
criminal prosecution. Equipment may also be seized by the United States
Marshals and forfeited to the U.S. Government.
For additional information, contact Brian Butler, Spectrum Enforcement
Division, Enforcement Bureau, at (202) 418-1160 or
brian.butler@fcc.gov.
By the Enforcement Bureau, Office of Engineering and Technology, and
Wireless Telecommunications Bureau.
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