Radio
Plan Nine Usa Lyrics

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Well I went downtown
The other night to see what i could find
I saw you there-
You looked at me as if you'd thought i'd died
Your cheeks turned bright red,
As the next thing that you said was,
"Hey sexy thing, can i have your children?"
You had a leather skirt and a raver chick shirt

Set to entice- one in a million
I tried to be sincere
But that's not happening this year

My song's on the radio and
I gotta get through to you
But you're so far away
I need this today
I finally made it to the top ten and
Don't give a shit about your opinion
Negativity is the last thing that we need in the ska scene

Saturday night,
Big pimpin' at a party with industry types
Everyone was there
Dan Akroyd tried to sneak in once or twice
I think somebody spiked the punch,
Because I threw up all my lunch.
What ever happened to Punk Rock sXe?
As soon as I was done
I was ready for some fun
So I took off my pants and danced on the ledge
I kissed Britney Spears
And she's experienced for her years

Apparantly the new sensation,
Inspired by mass inspiration
I do what feels right
An overnight success,

A one hit wonder is what they tell me
I don't care- this is my life.

Overall Meaning

In Plan Nine Usa’s song Radio, the singer talks about going out to downtown one night and seeing someone he knew. The person looked at him as if he thought he had died and then said to him, “Hey sexy thing, can I have your children?”. The singer tries to be sincere but is unable to. He then says that his song is on the radio and he needs to get through to this person who is far away. He is very excited because he finally made it to the top ten and does not give a shit about the other person’s opinion. He also says that negativity is the last thing that we need in the ska scene.

Later on, the singer talks about how he was at a party with industry types and Dan Akroyd tried to sneak in once or twice. Someone spiked the punch and he threw up all his lunch. He then asks the question, “What ever happened to Punk Rock sXe?”. After he was done throwing up, he was ready to have some fun so he took off his pants and danced on the ledge. He then kissed Britney Spears and she was experienced for her years. He concludes the song by saying that he does what feels right and this is his life.

Line by Line Meaning

Well I went downtown
I went out to explore something new

The other night to see what i could find
I went to see if there was anything interesting out there

I saw you there-
I saw you at the same place I went to

You looked at me as if you'd thought i'd died
You saw me with a look of surprise

Your cheeks turned bright red,
Your face turned red with shyness

As the next thing that you said was,
Then you said something unexpected

"Hey sexy thing, can i have your children?"
You made a bold statement to say hi to me

You had a leather skirt and a raver chick shirt.
You were dressed to attract someone

Set to entice- one in a million
Dressed up to attract anyone and be unique

I tried to be sincere
I made an effort to present myself honestly

But that's not happening this year
But somehow, my honesty didn’t work

My song's on the radio and
My song is being played on the radio currently, and

I gotta get through to you
I want to reach out to you

But you're so far away
But you're physically distant

I need this today
I need this conversation to take place

I finally made it to the top ten and
I am now a part of the most successful music charts, and

Don't give a shit about your opinion
I don't care about your perspective

Negativity is the last thing that we need in the ska scene
We don't need pessimism in our music genre

Saturday night,
On a Saturday night

Big pimpin' at a party with industry types
At a party full of music industry people

Everyone was there
Everyone in the music industry was present there

Dan Akroyd tried to sneak in once or twice
Even a non-musical celebrity tried to sneak in

I think somebody spiked the punch,
I feel someone added something strange to the drink

Because I threw up all my lunch.
That caused me vomiting

What ever happened to Punk Rock sXe?
Is punk rock still an important scene?

As soon as I was done
After finalizing myself after vomiting

I was ready for some fun
I was prepared to have some great time there

So I took off my pants and danced on the ledge
I was overexcited and danced wildly

I kissed Britney Spears
I had an opportunity to kiss Britney Spears there

And she's experienced for her years
Britney is more knowledgeable and skillful than her age

Apparantly the new sensation,
Seemingly, I am a new and popular superstar

Inspired by mass inspiration
Inspired by a broad range of ideas and public opinion

I do what feels right
I perform what feels perfect to me

An overnight success,
I became successful rapidly

A one hit wonder is what they tell me
People think I am only famous for one hit

I don't care- this is my life.
I don't mind it as it is my life, my music, and my creation

Contributed by Adam V. Suggest a correction in the comments below.

To comment on or correct specific content, highlight it

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Comments from YouTube:

Patrick Gerth

2y↑16

People use unlocked radios for CB and GMRS. But transmitting on a public safety frequency takes it to a whole new level. In those cases, the FCC is obligated to act.

Tim Booked Two

2y↑5

Stupid is as stupid does.

MCB18

I was taught an “emergency” in terms of ham radio law, is if life, or large amounts of property, are in danger. The rationale was that you are in a situation where you know that a large amount of property is in danger, you can probably assume that someone’s life is also in danger. In colorado, we have plenty of areas in the mountains where radio is the only way to communicate, so we spent some time on this in the class I was in, as that was the reason a lot of folks were there.

However, I was also taught NOT to use any frequencies emergency responders are on, unless you have NO OTHER OPTIONS, as in, the very last resort of a last resort. And if that is the case, you wait for a break, relay your message as QUICKLY AND CONCISELY as possible, and then do not transmit again unless you are specifically asked for more information, and again, keep this message as short as possible.

I am incredibly unhappy that he decided to disregard these practices that I am sure all ham radio operators have learned, maybe in slightly different ways, in such a blatant manner. I don’t like when bad things happen to folks, but he absolutely deserves this fine.

Terry Evans

1y↑2

Before I retired I worked as a radio specialist overseeing the systems of a very large utility. We rarely had interactions with the FCC but when it happened it was always handled in coordination with our legal department. What usually occurred, is that we acknowledged the discrepancy and described our remediation plan. As long as we followed through the notice of violation was dropped.
As with your story above we did have instances of non-authorized users transmitting on our frequencies. This usually happened because the radio in a company vehicle was not removed before auction and the new owners thought they were being funny. We did have one where the non-authorized users made mayday calls. This, to say the least, got us very excited. When we tracked down this person I recommended referring him for FCC enforcement. Our company didn't want to take it that far and we just had our corporate security folks recover the radio from him and put a little fear of God into him.

J.D. - A Lawyer Explains

1y↑2

I can assure you that the corporate security folks were probably far more effective (and surely more efficient) than the FCC would have been.

Mike

1y↑1

I'm surprised they got to it. I work in cellular, and every time I try to work with the fcc, it's a long drawn out incompetent process. Especially when they dropped their field agents in half sever years ago It's just a money-grabbing, broken agency.

zvpunry

2y↑14

3:48 You forgot one: Even if you only have a hamradio transceiver, you can still ask another ham and ask them to call the emergency service. ;)

J.D. - A Lawyer Explains

2y↑5

What a terrific comment! Thank you my friend. You have proved, once again, that none of us is as smart as all of us!

Andrew Eliason

1y↑3

I didn't "thumbs down" your video, but I was very disappointed that you didn't say what he transmitted. I'd like to have heard what jt was that he apparently felt was urgent. Was he simply a wannabe firefighter? Was he reporting a fire breech? Was he just transmitting bogus information?

feasibletrash0

you can read the news or the forums, it wasn’t for a life or dead emergency, it was for selfish reasons to save his property; he deserves his license revoked, the equipment confiscated and the fine

Bill Farnham

2y↑11

Well, it does me good to hear of a ham malfeasant who creates harmful interference actually getting his hiney whacked a little. Having passed at least one test that INVARIABLY includes questions about how to operate legally, that he knew better is without question. My bet is that he was not actually making any bona fide attempt to help, but was doing it because he could. Maybe he wanted to feel himself to be a hero or to feel like he was actually some part of the emergency operation. Either way, though, he stepped in that bad smelling commodity found in barnyards. Not much makes good hams any more aggravated than a ham acting in such a manner and bringing discredit to the thousands upon thousands of hams who take care to do things right each and every time they key up their transmitter. I'm glad he was identified and caught and will actually suffer some penalty from his ill conceived activity. 73 DE KI4FZT

Bill Farnham

2y↑2

@J.D. - A Lawyer Explains Amen - yea verily!

J.D. - A Lawyer Explains

2y↑10

I agree. He may have been like those annoying bastards that, when they see the blue lights flashing on the interstate, slow down as they drive by, not for officer safety, but in the off chance they can see someone's eyeball hanging out, or arm cut off, and then tell all their friends how "horrible" it was. Meanwhile all the rest of us with good sense are screaming JUST DRIVE YOU JERK!

Lyfan Deth

1y↑1

Overall I agree with you. However , even if the FCC has chosen not to define "emergency" for their purposes, FEMA, DHS, the USCG, and other goverment organizations ALL accept that immenent substantial danger, risk, or damage to property IS a valid emergency. If your bicycle is on fire, no. If the county's only school bus is smoldering, yes that's an emergency. Ask anyone who runs an emergency management agency or office at city, county, state, or federal level. If the property is in some way unique or especially valuable--that's accepted as an emergency.

Man and a Tractor

In a few of the radio forums that I participate in, there's hardly a day that goes by where someone isn't looking to jailbreak a radio or attempting to network the thing. Plenty of evidence right out there in your face or anyone else that chooses to look at it.

J.D. - A Lawyer Explains

1y↑2

Well, there are just some guys that have to pee on the electric fence I guess.

ve2cii

Hi, I am in Canada and regulations here say you cannot go out of the amateur band period, no exceptions!

Ham Radio Crash Course

2y↑11

Hey Tony!! Thanks for sharing this!

J.D. - A Lawyer Explains

2y↑5

I couldn't believe when this showed up in my Google Alert and I read the press release. Like Will Rogers said, "some guys just have to pee on the electric fence." This one had 34,000 volts, however.

DrSysOp

1y↑3

I had 2 friends that got caught by the FCC one for pirate FM broadcasting & other for running 10kw on 11 Meter CB Band. The pirate FM just got a warning & no fine & they did not take his equipment. The other one on CB got a $1000 fine but he never paid it & he moved out of state. I am surprised as I hear FCC not monitor the CB & Shortwave bands now. There are tons of pirate stations on the Shortwave band but they can be all over not just the US.

Thomas Maughan

1y↑1

@Vinnie Gillotti "apparently you have never turned a transformer into an amplifier."
That is correct. I have used transformers and, curiously, they have all remained transformers.

Vinnie Gillotti

@Thomas Maughan apparently you have never turned a transformer into an amplifier. Believe me It can be done and 10 K is nothing trust me that’s all I’m going to say. Just asking an old Motorola tech.

DrSysOp

@Thomas Maughan Yes you need 240 volts some use their dryer or oven outlet or have them installed. This was on Channel 6 in New York when he was caught back in the early 1990's.

Thomas Maughan

1y↑1

I am skeptical of claims of 10 kw CB radios. If it is illegal, why should there be any truth in the claim? 1 kw is about all you can get from a standard 110 volt AC household circuit. To get 10 kw you need at least twice that for input, 20000/240 = 83 amps at 240 volts!

Ron B

1y↑1

@DrSysOp yes I remember them days picking up Cuban radio stations on the broadcast band in the north Pittsburgh area. I had an old Atwater Kent radio . Now that I live in Florida I just forget about AM radio there is nothing on worth listening to. AM radio used to be my source for Classical music and Big Band music all those stations are gone. WCKY in Cincinnati, WQXR in New York City and KMOX in St Louis Missouri. The stations are there but not in the back then format. I also used to like to hear the old organ at Wrigley Field as well 73

2 More Replies...

Mustanger65

1y↑1

Great video!
He was still less interruptive than a lot of ‘oligists that do have a radio while you’re looking for a lightning strike fire.

g0fvt

2y↑2

Firstly I am not in an FCC jurisdiction, however as a maintainer of emergency service radio systems I would sometimes do test calls associated with the maintenance of their systems. Obviously waiting until they were not carrying emergency traffic and identifying correctly. TBH I used to carry some wide coverage Baofengs as monitor receivers but never transmitted with them. This character drew attention to himself by persistent misuse of the radio system. If he had made a singe "safety of life" call the FCC (and lawyers) would never have heard about it.
Unfortunately human nature means that people program their radios with emergency service frequencies with transmit enabled and then look for an excuse to use them. Here in the UK a large number of UV5Rs and similar are being used on marine band...

g0fvt

1y↑1

@KE4RXM_ WROY767, with respect none of my radio operation commercial or hobby is regulated by the FCC. I think it is fairly apparent from my post (and user name) that I am in the UK.

KE4RXM_ WROY767

Thoughts and questions are always important. They lead to good discussion. I would be interested in hearing the lawyers thoughts on your statement that, summarizing hear you are not under FCC jurisdiction because you work on emergency service radios. Every citizen of the United States, or person on planet earth, who violates the FCC rules or regulations, is under FCC jurisdiction. You do not have to hold a license in any radio service, or as a general radio, telephone service tech and be held responsible for your actions. I am not disparaging you personally, however, I believe the statement that you are exempt is a little misguided. I do recognize you were going about your testing and maintenance in the proper manner. And full disclosure I was in EMS professionally for 20yeqrs, maintained systems and hold 3 licenses. I have always considered myself “under FCC jurisdiction “ and behaved as such. Everyone is.

g0fvt

@J.D. - A Lawyer Explains thank you for the kind words, I am a couple of years behind you, my father was a ham so I was interested in electronics from an early age but did not "discover" CB until 1981. A few years later I got my ham licence. Like any hobby it was easy with CB to reach/exceed the legal limitations. I have worked for our equivalent of the FCC, generally very few hams are ever prosecuted, no-one is sitting on your shoulder with a power meter (or a dictionary), With most radio related prosecutions there are back stories that the press don't bother to report. This character seems to have ignored a warning and hence it escalated. 73

J.D. - A Lawyer Explains

2y↑3

I agree completely with your analysis of the situation and how he could have gotten by with a single safety of life call. I also completely agree that people who have a radio look for ways to test the limits. I am not aware of your age, but I am 66. In the 1970s there was a requirement to get licensed as a CB operator. I got KZL5662 as my callsign, paid the fee, all that. Then, the FCC generally announced it wouldn't enforce the rules unless you were running a linear amp, and then completely obliterated the license requirement. If you tune in to the 11 meter frequencies to this day you can hear people running amps and generally being jerks on that band. For the most part, Amateurs in every country are better than that. But man, are you spot on with your observation about human nature. You nailed it! (PS: My handle on CB radio was "Ground Control." - as in, "This is Ground Control to Major Tom...")

Shain Andrews

2y↑1

You're wasting your time. The individuals that disregard the regulations and laws... They are not going to lawyer up. They are going to re-offend until acting out becomes more painful than the enjoyment of violating sociatal rules and expectations. I'm glad both the fire service and the FCC followed up on this. The offender has more going on than just keying up out of band though.

John Bauman

1y↑1

I believe the regs indicate that iminent risk to property DOES constitute an emergency, such that your Mona Lisa example is not correcr, but IANAL.

AAPSG Group

1y↑1

Baofeng are nice inexpensive radios to get a taste of ham radio, but to use them to interfere with emergency services is not a good idea, including a mod radio

Thomas R. Jackson

2y↑2

Thanks for the video. A good topic to get some factual sober coverage. I do have a question. You stated that the FCC has officers with arrest powers. Can you provide a reference for this? The Justice Department doesn’t list the FCC as having sworn officers in its audits of federal agencies (at least last time I looked). The FCC doesn’t list arrest powers as part of its investigative tools. I have been under the impression that the FCC refers criminal matters to the Justice Department. I would think that maintaining even a small staff with arrest powers would be a big burden on an agency that doesn’t have much call, if any, for that sort of activity. I am not a lawyer, or an FCC expert, but if I missed something, I would appreciate a correction with citation. Thank you again.

Thomas R. Jackson

2y↑1

Thank you for the follow up. The Notice of Apparent Liability of Forfeiture identifies the Agent conducting the interview with the body cam as part of the US Forrest Service. They have a large and active police force.
I appreciate the other information for follow up, and once again, the video itself.

J.D. - A Lawyer Explains

2y↑1

The case referenced, which you can find online, had an FCC agent with a badge cam on who interviewed the violator. The FCC Office of Inspector General has arrest powers and you can learn more here: https://www.fcc.gov/inspector-general/investigations

Steve Antoine

2y↑2

Great explanation.

J.D. - A Lawyer Explains

Thank you. I try to explain things as best I can. If there are ever other topics you would like discussed, let me know. My email is in the "about" tab.

THE EXTRA AMATEUR

2y↑7

I thought it was perfectly legal to own a modded radio, or to mod a radio, just not broadcast the radio. You said it was illegal to own a modded radio in the opening statement.

Todd Schutter

@THE EXTRA AMATEUR , that's also an amateur allocation. My comment referred to modifying your radio to operate out of band. Also, the vast majority, if not all modern HF rigs include 60m coverage.

THE EXTRA AMATEUR

1y↑1

@Todd Schutter You need to mod an old radio to get on 60 meters. Thats a legit reason.

Todd Schutter

You cannot modify a part 97 device (Ham Radio) to operate out of amateur allocations (Part 90 frequencies). The only exception is for MARS use. But, you should have a MARS license. Most of the Baofengs and other Chinese radios are listed as Part 90 devices. You can modify a Part 90 device to operate on Amateur (Part 97) frequencies. IMO, there is no reason to modify your radio to transmit outside of amateur allocations. Again, with MARS as an exception.

Jeffery Yarborough

1y↑1

You said "Frawley should have identified with his Amateur Radio Callsign or any of the other Amateur Radio calls".....how many does he have?

David Morgan

2y↑2

When reading from a script, put the script above or below the camera or try to look into the camera frequently.

J.D. - A Lawyer Explains

Thanks, I try not to read from a script. Learning to talk naturally to a camera is not a skill people are born with, but reading a script would be even less normal for me. I sometimes do notes, but usually I just go with what I know. I do sometimes read from cases, and I try to cover my ugly mug with the case law segment when I do. But thank you for the feedback. I appreciate it.

James Horak HAM, GMRS & CB (KG5PTE & WQYE249)

2y↑2

Ok the FCC fined this guy. But does the US Justice department and his lawyers have the final say to what the fine will actually be ?

J.D. - A Lawyer Explains

For the most part all Part 97 violations are civil in nature, but of course, they can become criminal when they cross certain lines. For example, using your Baofeng to communicate during a bank robbery. You'd draw a federal charge on the bank robbery, and a federal charge on the violation of the FCC Act. They'd probably drop the latter to get you to plead to the former. Of course, anyone who would risk 10 years in federal prison to score $3,000 (the average take in a bank robbery) probably isn't thinking all that clearly anyway. I always said I wouldn't do this, but back in the day...(when someone says that, prepare for a war story) ... I had a CB radio and used the handle Ground Control. Never transmitted over 5w, never had a linear, and we were always worried about "Uncle Charlie" swooping down on us. Every time someone saw a white or black van with more than one antenna, everyone went radio silent. We used names we all knew for meetup places under the theory that FCC was listening to every word. We were stupid. The FCC couldn't have cared less as long as we were under 5 watts. And we stayed mostly on Channel 6. I am with you, though, those idiots with linears on 11 meters need to be put out of our misery. Thanks for some great comments.

James Horak HAM, GMRS & CB (KG5PTE & WQYE249)

@J.D. - A Lawyer Explains Well said. So these leads to anther question. Is Violation or violations of 47 CFR Part 97 rules "Criminal" Or "Civil" I notice the FCC does not seem to care about violations unless it draws attention to something. Personally I would love to see the FCC start hammering down on 47 CFR Part 95. And bust all these illegal CB radio operators.

J.D. - A Lawyer Explains

Well, the final say would, in a case where the FCC moved to enforce the forfeiture, be the ruling of the judge in the case. The way this works, they send the notice of forfeiture and the guy either pays or doesn't pay, and if he doesn't pay, he can contest the amount of the forfeiture. To do that, he'd need to have a lawyer. If the FCC agrees they negotiate an amount that both can live with, and it's done. If the FCC says "no thank you" then the FCC, through the DOJ, files an enforcement action in federal court in the district where the offense took place. The defendant then gets an opportunity to put on a defense, but in this case, with the admissions on video, and it being a civil, rather than criminal matter, summary judgment would likely be entered for the FCC. The FCC could then use any legal means (garnishment, seizure of assets, etc.) to satisfy the judgment, which would start accumulating interest if not paid. Some lawyers live for this kind of law. I'm not one of them. I want to keep clients far away from such things, and that is why I advise to follow the rules.

William Pietschman

2y↑1

Seems a bit severe to financially snuff out this guy, though I would never have done what he did. Do they need a warrant if they come a knocking? 73 DE W8LV BILL

J.D. - A Lawyer Explains

@Merlin Griffin Yeah, he should never have said a word. But, more importantly, should never have done what he did.

Merlin Griffin

As a FCC licensee they have the right to inspect your station. Since they had a complaint from another government agency they kind of upped the ante. They normally start with an advisory notice. Just a letter that says knock it off and we'll get along just fine. Next step is notice of violation. An answer is required. You may even get invited to a meeting with them. They were still playing kind of nice by sending the agent who knocked on the door and asked to come in. As the host said, when the agent started asking questions about the incident. The guy should have said, I think I would like to consult my attorney before we go farther. The ultimate level of you really piss them off. The agent comes back with an arrest warrant and uniformed U. S. Marshalls. Personally, I'm glad the idiot got thumped.

J.D. - A Lawyer Explains

2y↑1

They don't need a warrant to knock and ask to enter your home. You do not have to admit them, and you do not have to talk to them. If they have a warrant, they knock, show you the warrant, and then they come in whether you like it or not. So, no warrant, no entry. Never speak to a federal agent about anything. That's the safest position for anyone to take. There are a lot of people who were in DC on 1/6/21 and who did nothing criminal who are now jailed not because of what they did, but because they talked to the feds and admitted them to their homes. I support law enforcement, but the warrant requirement exists for a reason. It prevents fishing expeditions.

Methane Distributor

FCC Civil Rights Complaint asks for enforcement of Communications airways

Wunderlust

1y↑1

PROPERTY is defined as an emergency situation. Sorry bud.

Pleasureincontempt

I thought older lawyers became judges. What happened?

J.D. - A Lawyer Explains

I was too cheap to make political donations. BTW, I appreciate the "older" and your kindness in not describing me as "crusty old.." 😀 Have a great day my friend.

James Alderman

2y↑1

Since he works in the two-way radio industry I'm surprised he doesn't have a commercial grade all-band radio like the Harris XL-200.

Richard Butterfoss

2y↑1

Thanks for the lesson! I just re-entered the ham word. I was a ham in jr. High, high school, and college. When I became a volunteer EMT I had plenty of communications out of my system. Now at 76 I earned my Extra Class. To make a long story short, I would like to have a shorter call sign. I tried with the FCC and tried paying someone to do it for me. My call sign is still KD2QXQ. I Tried QRP. Nothing. I am glad there are people like you. With the shut down looming. The 3 letter agencies going away. The old corporate Constitution gone. I am Boy Scout prepping. 73. RWB

Bob Latkey

Also, keep those stupid opinions off of the radio, please!

Bob Latkey

There is no shut down looming, and The constitution is just fine and fully intact. Cut the crap with the fear mongering nonsense!

Eugene Bell

1y↑1

I read somewhere this week that, it no longer costs money to get a vanity callsign. It was probably on the ARRL site. But having a nice 5 digit call, I did not pay it enough attention to commit it to memory. I hope you are eventually able to get a callsign that suits you better.

J.D. - A Lawyer Explains

Welcome to the fraternity. I got my Extra at 57 years of youth. I am with you on prepping. Our garage is half-full of food (if you consider spam and beans food).

bruce blosser

2y↑5

FMRS requires no license... You probably mean GMRS

J.D. - A Lawyer Explains

Bruce, thanks for the correction. I'm not perfect, and you are correct, I meant GMRS. I get callsigns wrong all the time on POTA and have to hope someone spotted me. But, you're right. I made the mistake of getting my GMRS license only a few days before the FCC decided that they'd lower the fee.

David Karnowski

2y↑1

You probably mean FRS.

Mike Vincent

2y↑3

Just found you this evening. Sovereign Citizens are morons and HAM radios are awesome! Cheers from Oregon, KK7TEC.

agaveman

2y↑3

His name even says: qrmer
Baofeng strikes again…. Flames licking his heels is the only reason for his actions. Nice video. Nice to see normal hams on YouTube..

CMDR Gonzo von Richthofen

@J.D. - A Lawyer Explains I'm calling the FCC on your out of band transmission.

Just kidding🤣
KC1GZR

J.D. - A Lawyer Explains

@Apoapsis Yeah, I understand. I set mine up to monitor a local PD frequency and trying to answer an Amateur Radio call on a local repeater, I somehow got on that police frequency and transmitted out of band by accident. I recognized my error, and I immediately stopped. Fortunately, I was being a smart alec and didn't give my call up front like l usually do. I deleted that channel from the radio and use a scanner now, not that radio, to listen to the cops.

Apoapsis

2y↑1

Any radio can cause problems if it isn't properly setup and programmed. My first radio was a Baofeng HT. When I got it, I used programming software (CHIRP) to set it up. It had options for limiting what frequencies it could be tuned to or even transmit on. I looked at the VHF/UHF band plan in order to set the minimum and maximum frequencies for the radio just to make sure it was properly configured. I further checked several online guides for Baofengs to make sure I configured the radio for amateur radio use (some radios can also be used commercially). Its hard to know the full scoop, one time transmitting out of band could be a mistake, but more than once does indeed sound like it was on purpose.

J.D. - A Lawyer Explains

2y↑1

My wife says I'm a nerd because I do Amateur Radio, but its a label I wear with respect for my peers. As to normal, I have rarely had that label applied to me, so thank you! I really appreciate your comments my friend. 73

James Horak HAM, GMRS & CB (KG5PTE & WQYE249)

We get hams that do this all the time when Storms move in. The come out of the closet just to be heard. And inflate their egos.

J.D. - A Lawyer Explains

1y↑1

@Chris Knapp Perhaps you misunderstood my comment. That's what's done after the tube is in, breath sounds are auscultated, and the tube is properly secured. It's never appropriate to disregard the airway, and perhaps you missed the huge series of articles in Advance and later in the AARCTimes where I discussed medical negligence ad nauseam. It never hurts to have a calm voice at the head of the bed when you're dealing with panicked nurses. That was my point. If all the nurses you work with are superstars, you never see panic in any of them, all your doctors are experts in resuscitation, and you yourself have never made a mistake, congrats. That's not my experience. Thanks for your service during the pandemic.

Chris Knapp

1y↑1

@J.D. - A Lawyer Explains I’m a respiratory therapist, and for longer than 13 years….the job at the head of the bed is airway, not to calm everyone down. You’re making yourself sound just like the exact people you’re complaining about here.

James Horak HAM, GMRS & CB (KG5PTE & WQYE249)

@T.J. Kong Yep as long is everythng is up and running. But right now in Lee county Florida I sure hams are helping. And AT&T and Verizon and Star link are getting the internet up. But yes primary comms need to be used first.

T.J. Kong

Twitter, Facebook, text/MMS messing is a much better medium than voice over radio for weather spotting. Some people haven't gotten the memo yet and insist it's practice. But our customers don't care about amateur radio. They just wanted the information quickly and accurately. Newer communication methods are much better suited because they support many simultaneous users and asynchronous communications.

J.D. - A Lawyer Explains

2y↑1

@James Horak HAM, GMRS & CB (KG5PTE & WQYE249) I have seen it said that all of us have a need to be heard and feel involved, particularly in times of emergency. As a respiratory therapist for 13 years, and a guy who attended almost 1,000 "code blues" it was often the case that I had the job, at the head of the bed, calming everyone down, so that not everyone talked at once. This is the job of net control, and its why you need a great one. Every person in the hospital room was interested in saving that life, and didn't recognize that their zeal impaired the outcome. I think you get some of that in a weather net and you absolutely need someone to assert control. And good for you for using alternate means to get the information to NWS. That's smart. Sometimes we get so used to using the hammer we forget not everything is a nail.

2 More Replies...

Tommy Cheshire

Thank you for taking the time to remind that the FCC does not fool around, they mean business.

JRNipper

@SHlTHEADJOE I invite anyone to try to stop them, it's an impossible task, even for the FCC or any other govt agency.

SHlTHEADJOE

1y↑2

Yeah! They sure stopped those telemarketers!

Greg Phillips

1y↑1

He should of told the FCC I am Nancy Pelosi husband

Bob Latkey

Wow! That was super funny! You might wanna take a cigarette break and have a walk around your trailer park after spending so much time thinking that one up!

Rich Sobocinski

2y↑3

FRS has no license requirement

Rich Sobocinski

@Pleasureincontempt I don't understand what that has to do with my comment

Pleasureincontempt

@Rich Sobocinski FRS and GMRS use the same frequencies. It is unlicenced in Canada as long as the broadcast strength is less than 2 watts. GMRS is licenced in the United States.

Vic Green

1y↑3

Bro you not gonna get a 34000 fine for using your CB Radio on channel 41. Also, there is no such thing as CB Radio Police, who makes interviews with you. You've been watching the movie Convoy too much

Vic Green

1y↑1

@J.D. - A Lawyer Explains What advice? Do not use channel 41 or triple 5?

J.D. - A Lawyer Explains

@Vic Green You are the perfect example of the wisdom of Confucius: many receive advice, but only the wise profit from it.

Vic Green

1y↑2

@J.D. - A Lawyer Explains Trust me no FCC Police are gonna come here and retune my radio or take it. That is unlikely. p.s are There even photo`s of those ''CB radio FCC agents' out there? Is there some proof someone got a fine for using channel 41?

J.D. - A Lawyer Explains

You are certainly entitled to believe what you want. The FCC files are full of people who had their equipment seized and received substantial fines for violating the rules. While that usually starts with a complaint by another operator, the FCC does have investigators, and had you bothered to read the report of the case, an FCC agent with a body cam interviewed the wrongdoer in that case. I've never seen the movie Convoy, but I did own a CB radio from 1974 - 1980. I even remember my license (KZL5662). In short, you have gaps in your educational knowledge. Those gaps could cost you.

Brad

2y↑2

So the FCC don't and couldn't have found him but he disclosed his location. Don't lie n imply the FCC can triangulate your location like gps because they can't nor can they identify your radio by broadcast.

J.D. - A Lawyer Explains

@Bob Latkey Interesting perspective.

J.D. - A Lawyer Explains

1y↑1

@Bob Latkey I won't be looking. A federal agency with money to burn will be looking. Let that thought percolate and guide your actions. Just saying, it's never a good idea to wave the red flag at the bull.

Todd Schutter

Oh Brad, you are so wrong. "Triangulation", better called Radio Direction Finding, is very real and not that difficult. It is however time consuming. I have participated in 2 "foxhunts" with the FCC to track down some rather egregious QRM stations in my area. One was easy because we had a pretty good idea who it was. The other took close to a year to finally track him down. But we did track him down. If you have an active radio club in your area, see if they hold foxhunt activities. It's a good skill to develop.

J.D. - A Lawyer Explains

@kenofken I would agree. In a former life I had some experience with RDF in a military context, and you're right, it can be done pretty quickly. And, it's not like you can really hide an antenna.

kenofken

@J.D. - A Lawyer Explains I think people greatly underestimate how readily illegal broadcasters can be tracked down. In World War II, Special Operations Executive clandestine radio operators in occupied France had a life expectancy of about six weeks. In urban areas, the Germans could usually find a transmitter within half an hour. A lot of the people they caught, and usually executed, were trained in trade craft - varying their times of broadcast, limiting time on air, staying mobile etc. People who do pirate radio or other unlawful broadcasting from their homes or some other set place are that much easier to track down.

It's just basic physics - time difference of arrival at multiple antennae, Doppler shift etc. The electronics used to process and interpret those signals is vastly more sophisticated and compact than what they had in WW II. I understand there's even a sub-set of HAM culture that does "Fox Hunts" that use transmitter location as a kind of sport.

I think it's very true to say that the FCC doesn't dedicate vast resources to nailing people who transmit out of band or otherwise break rules, but you can definitely poke the bear once too often, and they have very little sense of humor when it comes to trodding on emergency service bands. It's probably one of the very few ways to ensure a swift and vigorous enforcement action.

1 More Replies...

The_Happy_Ham

Josh sent me ;) thanks for what you do. New subscriber.

J.D. - A Lawyer Explains

Josh has helped all of us in ways he will probably never even know. I now have a Tactical EMP Trashcan thanks to Josh. He has such novel and useful content. Thanks for subscribing. It helps a bunch!

Lawpicking Locksmith LPL

1y↑1

OMG is this another Letho stuff?

Radio Bro

2y↑1

A couple things that come to mind. #1 on day one, he did wrong. Period, end of story. He broke the law. He may have gotten away with #1 except for #2 he continued to transmit the second day despite clear instructions from the authorities conducting the operations. This is STUPID. Therefore no attorney should defend his actions nor try to get him off lighter. Because attorneys do this very thing frequently, crime in all its forms continues to skyrocket. Getting guilty criminals off makes a mockery of our laws and justice itself and makes other innocent people suffer more restrictions.

J.D. - A Lawyer Explains

2y↑4

Under our Constitution, everyone is entitled to a defense of criminal charges. This is not a criminal charge. This is a civil sanction, so, he isn't entitled to a lawyer; he has to pay one. If he had identified, followed the rules, and taken himself under the safe harbors in the rules (by identifying) he might have been okay on Day 1 as you say. But, you are correct that afterwards this is a black and white thing, and he was in the wrong. As a lawyer I have never viewed my job as being getting guilty people off (which sounds kinda nasty). My job is to make the state prove its case. My job is to challenge the evidence and the witnesses. I can point out where they're shading the truth. I can challenge the state's evidence, and I can ensure that constitutional safeguards are respected. But, that is all I do. I do not manufacture evidence. I do not put on perjured testimony. If my client says "yeah, I did it" to me, and offers to testify on direct that he did not do it, then I have to tell him to tell the truth, or I have to withdraw from representation. I cannot knowingly offer a lie to the Court. The rules prohibit that. Now, in the back of your mind you're thinking...gosh, lots of lawyers do this exact thing! And that is probably true. But an ethical lawyer understands his role, and does not get personally involved with the client. I had to defend a pimp once. Ordered to do so by the Court. He was a loathsome individual who essentially hooked girls on drugs so they would hook for him. He got convicted and received five 5 year sentences. Did I feel bad for him? No. Did I give him the best defense I could? Absolutely. That's the difference. Good lawyers never confuse themselves with their clients.

Pratwurscht Gulasch

2y↑1

i have extra wire left over from an electric fence and i'm thinking of using a taser to create some kind of transmitter with it. what would give me the best range, to put the wire up in a tree or along the road?

Pratwurscht Gulasch

@RobR386 not too bad although it wouldn't necessarily be a faraday cage because of the ac nature. something about hole size and frequency but i don't remember, thickness maybe too, something about skin effect but i also don't remember :P

RobR386

1y↑2

That would be a spark gap transmitter which are totally illegal to operate these days, although you could run experiments with it inside a faraday cage 😊

Pratwurscht Gulasch

2y↑1

@J.D. - A Lawyer Explains i was just kidding. i was hoping some people would get all up in arms to tell me the FCC is going to come after me :)

Amishjim

2y↑2

Lol wut?

J.D. - A Lawyer Explains

2y↑2

Interesting question. I am a lawyer, not an electrical engineer. I would suggest contacting the Taser company to find out if they have any guidance for you.

Brad Nicoll

Attorney here from Alpena MI W8RAD 73!

Tony Tyler

2y↑2

Best thing to do if you think it is an emergency is to look the other way and keep on rolling.. not your problem.that is why no one gets involved anymore

J.D. - A Lawyer Explains

1y↑1

@spaceflight101 good advice!

Richard Topalovich

1y↑1

When YOU are the victim you'll think otherwise!

spaceflight101

@J.D. - A Lawyer Explains And everyone is carrying guns anymore and they're not careful about where they point the things when they empty them. Better to get a safe distance from the action and then call 911.

J.D. - A Lawyer Explains

2y↑5

I don't know that this is the best thing. It depends on your moral outlook on life. If you believe in the law of circumnavigation (e.g., that which goes around comes around) then you naturally hope that in your hour of need someone will be there to help you out. I carry a firearm because I believe that we have to be our own first responders, and I refuse to let my wife be a victim of anyone. There is no LEGAL duty to rescue. But there is a moral duty, imposed by conscience, to act for the benefit of your brothers and sisters. I try to live by that rule. One day I may wind up seriously hurt because of it, but even knowing that can happen, it doesn't change my view. I do believe I am my brother's keeper.

Dave Mitchell

You failed to mention if he got Miranda before he confessed.

J.D. - A Lawyer Explains

1y↑2

@kenofken Hey, stupid people keep criminal lawyers in business. That's the truth!

kenofken

1y↑1

@J.D. - A Lawyer Explains Sometimes I don't know how anyone can be a defense attorney because except for experienced and disciplined organized crime operators, pretty much all of the clients have screwed themselves by the time they contact the lawyer. I've never seen or even heard of a minor drug possession charge which was not the result of some fool consenting to a search, thinking that they wouldn't find it or else that their honesty would somehow be rewarded by leniency.

I would think "winging it" is even worse in civil matters in some way because the burden of proof for the government is even lower.

J.D. - A Lawyer Explains

2y↑2

Thank you for a great question. Miranda v. Arizona was a criminal case. It doesn't apply to questioning in your home when you are not in custody. It applies only to custodial interrogation. So, that's why the cops always invite you downtown to the station to talk to them, and don't place you in custody. If you say something, you're hosed, because they had no duty to warn you. This is why the ONLY response to "we have a few questions" is "let me call my attorney and set up a time to talk." Yet, in this case, a forfeiture is a civil matter. It is the government using the civil law to go after a bad actor's property, not his freedom. Lots of times a forfeiture will include seizing equipment, but usually it's monetary. In a civil case you have no right to Miranda warnings. That's because as long as you don't blurt out "it was me on the grassy knoll" or words like that, the worst they can do is strip your license and make you a poor person. You'll still be free. But this is a great question because so many people fail to understand when Miranda applies. The cops like that. They invite you to the station and the bad guys think "these fools didn't give me my rights" and confess, and then later try to suppress it with a motion saying they never had their rights read. The problem is that they were not in custody at the time they blabbed. So, get used to wearing stripes. Thanks again.

Amishjim

2y↑1

Good info on a bad ham.I have a feeling that you're looking at the video of yourself or someone interviewing you. Try putting the camera at eye height and looking right at the camera lens so the viewer thinks you're talking to them.

plcwboy

@Amishjim Where did you find an Amish TV station to work at?

Judd _S

@J.D. - A Lawyer Explains I have the same issue. I look with one eye and the other shifts away. I can then mentally access what the other eye is looking at. I can’t process both at the same time. There was a famous post office case about a letter carrier could process both eye’s at the same time. Apparently he could drive with one eye and sort the mail at the same time. Consequently he could outperform other letter carriers by a huge margin. Management tried to exploit this and give him longer routes. He took them to court and won.

J.D. - A Lawyer Explains

2y↑2

@Amishjim Nah, not offended at all. I've lived with this for 66 years. About 10 years ago I was interviewing a doctor in a federal case and the doctor said "just pick a damned eye and look at me with it!" I didn't realize I was irritating until he explained it in that very sensitive way. lol. Life is full of various challenges. I can assure you that I found nothing the least bit offensive in your post, and you did provide feedback I needed. I should have re-shot the video. And, if you want to be successful in any business, it's a good idea to listen to people who know more than you do. So, I appreciate what you said, and the way you said it. Have a terrific day my friend.

Amishjim

@J.D. - A Lawyer Explains ahh, I do apologize. No offense meant. I work in tv and like to try to help creators.

J.D. - A Lawyer Explains

A valid criticism, but It is a physical disability. I have Strabismus, and I am a "monofixater" according to the eye doc. I only look out of one eye at a time. One eye was focused on the lens, and the other on the screen, and I can see where it would be annoying. I'll try to do better and just look out of my good eye going forward. I get the other one fixed sometime in July, and hat should help. I do appreciate honest feedback. So, thanks again.

TryNDoxMe

1y↑1

More or less unregulated?? Explain to me why Commercial entities have so many more rights than we do? Why don't I have a 1st Amendment right OTA ? Music is clearly free speech. Code is also free speech, therefore so is encryption. The Air Force claims that one of the greatest weapons on their arsenal is the radio. That being the case, why don't we have a second amendment right to them and things like encryption? In light of West Virginia vrs the EPA, how much power does the FCC really have? During a mass casualty event which we are supposed to support, how can we report HIPAA / PIPA information to medical centers without the capability to go private?? Regardless if you think it will be left or right, if there's an insurrection going on, how can we be expected to support anyone knowing our call sign alone instantly doxes us to those who may want to harm us or our families?

Joe Shmoe

2y↑1

I can only wonder why I don't see word one about this on the FCC website. It seems we have a Darren that thinks his thoughts and feelings are important.
Nothing will come of this, no money will change hands and nobody will go to jail. If by chance we see any reference of this case on the FCC transparency site wait to see it appealed. If not it's a done deal and we'll know somebody got a letter in the mail. That is all.

J.D. - A Lawyer Explains

2y↑4

Perhaps because you never actually searched. 10 seconds with Google would have found you this: https://www.fcc.gov/document/fcc-proposes-fine-interrupting-communications-during-wildfire/rosenworcel-statement You could potentially be right that the fine will be reduced if he gets a lawyer and forces the FCC to file an enforcement action, but his actions were willful, repetitive, and like an idiot, he admitted on video that he violated the regulations. He failed to properly identify, and he failed to follow Part 97 regulations. I will happily accept your apology.

BB KX4TQ

1y↑1

OK, so here's a question thats been rolling around in my head for a bit: Is a YouTube channel that's "Monitized" a violation of Part 97s restriction on using ham radio for commercial purposes? Good report and explanation.

J.D. - A Lawyer Explains

1y↑1

I don't think so as long as you are not directing someone to the channel on the air. If you're out there saying you only take contacts from channel members...maybe so. But I think generally YT is good for ham radio in that it is getting more people involved. Videos are monetized, but that's not a huge concern unless you're using the radio to drive the viewers.

kenofken

1y↑2

You can't use the radio itself for commercial purposes. Part 97 has nothing to do with what you do online.

Donald Smith

There was another case where someone was useing CA] frequency. He was told that he was operating on CAP frequency and to stop. CAP frequency are US Military frequency. Big mistake 1! Big mistake ² was when when he was told they were telling the FCC he made a commit what the FCC can do with themselves. You do not ever tell a federal agency what they can do!

J.D. - A Lawyer Explains

Some folks just have to pee on the electric fence, I guess. That fellow was not the most powerful final transistor in the radio, was he?

William McKeehan

2y↑3

You suggest he should have given his Amateur Radio Callsign as an ID - in this context, his ham call has no special access, right?, so wouldn't that be like showing your Dollywood Season pass when asked for your Drivers License? How would him providing his ham call have changed things?

William McKeehan

2y↑1

@J.D. - A Lawyer Explains Just giving a name and location would have been just as valuable (or more-so) IMHO. Everyone knows how to use a name to identify a person, not everyone knows what a callsign is.

J.D. - A Lawyer Explains

It's more like using your Sam's Club ID as a photo ID. It provides some measure of who you are, and what you know. It essentially shows you are acting under a claim of right, and are not hiding your identity because you believe you're doing the right thing in an emergency situation. But, yes, I suppose there is an element of the Dollywood thing going on. He didn't do that, of course, he called himself a "comm tech." That's an attempt to obscure identity, which of course indicates some knowledge of guilt.

J.D. - A Lawyer Explains

@T.J. Kong I suspect he knew what he was doing was wrong, and did it anyway. I agree that makes his mental competence suspect.

T.J. Kong

Your amateur radio call sign is only an ID on amateur bands. It is not a legal ID on other bands as you said. The whole thing is silly, though, because of what he thought was an emergency that started this chain of events. Another whacker ham.

J.D. - A Lawyer Explains

2y↑2

The reason I suggested it is that if you identify by callsign, identify as an amateur operating out of band, and state that the call is for the protection of life or property, under the rules you're probably okay for the FIRST transmission. After you're told to cease, there is no longer any protection. He not only did not identify, he said he was a "comm tech." They had to go find him, and worse, he didn't lawyer up when the FCC showed up.

donal finn

1y↑1

I wish you would look at the camera!

donal finn

Thanks for your understanding. I wish you well for all time.EI3KY ☘️

J.D. - A Lawyer Explains

@donal finn No apology needed; you had no way of knowing and I understand it's unnerving. No worries on this end my friend. Thanks for watching and thanks for contributing.

donal finn

@J.D. - A Lawyer Explains I do sincerely apologise. Forgive me please.

J.D. - A Lawyer Explains

I have strabismus. I've had it from birth. It's a consequence of my premature birth. I can only focus with one eye at a time, so even when I look directly at the camera there is always one eye going off on its own. I try very hard to change positions and minimize the impact, and I will continue to try to do better. Thanks for understanding.

John Ishikawa

1y↑1

Back in 1995, I dug out an old CB base station transceiver that I bought back in 1970 and decided to mess around. I bought a power supply from a ham dealer, then some copper wire and some other components from Radio Shack. Then I soldered together a broadband linear amplifier from a kit, strung my copper wire along the moldings near the ceiling in my apartment, hooked up my CB to my amplifier, and I was ready to go. Keying down on the mike I said: Hello skipland...any skip out there tonight? Break break...and so on. And I did this night after night, for maybe a couple of months. One afternoon while I was standing on my veranda, a neighbor below me on the ground floor of the complex shouted up to me that there's somebody called "skipland" that's blasting his television set, and that it's driving him crazy. I told the neighbor that I had no idea who it could be - this "skipland" - but I'll keep my eyes and ears open. But I shut down my radio after that - who knows how much tvi and Christ knows what else I may have been chucking! This poor guy - he just wanted to relax and catch some tube after a hard day's work - and all he can hear after cutting on his tv is : SKIPLAND, SKIPLAND, SKIPLAND,... BREAK, BREAK, BREAK, ...! Well, nowadays I just like to listen in on the hams...and on the CBers... but if I ever star transmitting again, it will be done in such a way that I will never cause annoying interference again!!!

Mitchell Smith

1y↑1

Remember the good old days when law enforcement officers were required to read Miranda? Good times.

Bob Latkey

1y↑1

Yes, and they still do 99.9999% of the time. cut the crap!

Brian something

1y↑2

Only if they are detaining you

T JO

2y↑1

I enjoyed this video a lot! 73 de K6TJO

J.D. - A Lawyer Explains

Thank you for your kind compliments.

Aaron Parsons

The guy is a dork and needs to surrender his license.

tonysvetts

1y↑1

good glad they got him .can not fix stupid

Patric

Haha, Americans

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