eravin@uunet.uu.net> (03/16/90)
Some more clarifications on ECPA restrictions on receivers and receiving: Our good moderator writes: >[Moderator's Note: Radio Shack also got a lot of pressure to make changes >in the scanners they sell. You and John are correct in a couple of points: >Old equipment on hand is not illegal. The manufacturing of new stuff is >controlled. You no longer see a channel 83 spot on new televisions, for >example. Older radios which can coincidentally tune cellular are okay, but >newer radios have to be blocked. I don't think strictly speaking you are >allowed to sell the older units, for the same reason Grove and Radio Shack >are no longer allowed to sell them if they receive cellular. PT] There is *NO* restrictions on manufacturing of new scanners, at least not legal ones. Radio Shack and Uniden/Bearcat block the cellular frequencies on their own volition, not under legal duress from the ECPA (though perhaps under other kinds of duress). Some manufacturers, like AOR, come out with new models that DON'T have the 800 Mhz frequencies blocked. Another confusion to the issue is that frequencies are not illegal to listen to, but "protected communications" are. So you could tune your scanner to 870.330 and listen to the noise level (that's not illegal) but when a cellular call comes in you tune away. To add even more confusion, some frequencies may be used by both "protected" and ordinary communications, which means the scanner owner has the burden of figuring out who he or she is listening to. While we're on the subject, ECPA prohibits places a cordless telephone BASE unit under "protected communications", but NOT the handset. Don't ask me why. This one will never stand up in the courts because owners of cordless phones don't have the money to hire lawyers and lobbyists the way the cellular telephone people do. Again, there is no legal restriction on manufacturing or selling equipment that is capable of receiving cellular (or for that matter, IMTS 150 Mhz car phone) calls. There is only a restriction on manufacturing or selling equipment that is PRIMARILY USEFUL for intercepting protected communications. This was a hard-fought for compromise in the law, perhaps the one piece of ground ceded to the radio hobbyists. Even a converter designed to down-convert the 800 Mhz band into a normal scanner seems to be legally sold (heck, they're advertised in Popular Communications, it MUST be legal :-), probably becaused it is also useful for tuning in trunked systems and the other non-protected communications that can be listened to in the 800 Mhz band. Ed Ravin | hombre!dasys1!eravin | "A mind is a terrible thing (BigElectricCatPublicUNIX)| eravin@dasys1.UUCP | to waste-- boycott TV!" Reader bears responsibility for all opinions expressed in this article.