June 2020 - arrl-odv - reflector.arrl.org

[arrl-odv:30423] Re: Tennessee Court of Appeals Case
by David Norris 18 Jun '20

18 Jun '20

Yes. The criminal court gave him a slap on the wrist for making a terroristic threat to law enforcement (a Sgt. in the local Sheriff’s office) which was outrageous. He just continued on. The DA down there has issues. Also, the civil courts won’t touch him. The locals tried to sue him early on and they couldn’t get to square one. 73 David A. Norris, K5UZ Director, Delta Division Sent from my iPhone > On Jun 16, 2020, at 7:07 PM, RILEY HOLLINGSWORTH <rilepatholling(a)comcast.net> wrote: > > > Is that Jerry Materene ? >>> On June 16, 2020 at 5:56 PM David Norris <k5uz(a)icloud.com> wrote: >>> >>> It’s a shame we can’t get the court down in Louisiana to do similar with the Blue Waffle Jammer... >>> >>> That would certainly give the guys in Lake Charles some further relief. >>> >>> >>> 73 >>> >>> David A. Norris, K5UZ >>> Director, Delta Division >>> >>> Sent from my iPhone >>> >>> On Jun 15, 2020, at 4:23 PM, Mickey Baker <fishflorida(a)gmail.com> wrote: >>> >>> Interesting state court ruling. Smart judge. Defendant sounds a bit whacked out... Menefee is interesting for harassment complaints we've seen lately in Florida. >>> >>> Mickey Baker, N4MB >>> Palm Beach Gardens, FL >>> “The servant-leader is servant first… It begins with the natural feeling that one wants to serve, to serve first. Then conscious choice brings one to aspire to lead." Robert K. Greenleaf >>> >>> >>> On Mon, Jun 15, 2020 at 5:00 PM Roderick, Rick, K5UR via arrl-odv < arrl-odv(a)reflector.arrl.org> wrote: >>> From Riley. See his comments below. Noteworthy case from Tennessee Court of Appeals concerning criminal contempt and harassment over amateur radio. >>> >>> 73, >>> Rick - K5UR >>> >>> >>> -----Original Message----- >>> From: RILEY HOLLINGSWORTH < rilepatholling(a)comcast.net> >>> To: Rick Roderick < K5UR(a)arrl.org> >>> Sent: Mon, Jun 15, 2020 3:34 pm >>> Subject: Per e mail--the Tennessee Ct of Appeals case >>> >>> Here's an excerpt, and the decision is attached. This stems from the 7200/3860 case and while not binding of course in other states, it is a guide and gives actions in other states more ammunition--especially when it comes to repeater deliberate interference. >>> >>> Again, the enforcement and prosecution of a valid ex parte order does not conflict >>> with the federal statutes regulating radio activity. As the Florida appellate court aptly >>> noted under similar circumstances, “In prosecuting [Respondent] the [trial court] was not >>> seeking to regulate the air waves, rather it was seeking to punish him for his criminal >>> conduct.” Menefee, 980 So.2d at 571. Respondent argues that the FCC’s prohibition >>> against “communications intended to facilitate a criminal act; . . . [or] obscene or >>> indecent words or language” restricts any state court from having jurisdiction to >>> prosecute such actions. See 47 C.F.R. § 97.113(a)(4). We disagree with this conclusory >>> assumption. Respondent was not found in criminal contempt for using “obscene or >>> indecent words” on amateur radio. Rather, he was found in contempt for simply >>> communicating with Petitioner, irrespective of the language he used. On this issue, we >>> rely on analysis in Menefee, 980 So.2d at 573–74. In Menefee, the Florida District Court >>> of Appeals stated, “there is nothing contained within the [Federal Communications] Act >>> or its implementing regulations that suggests that states may not take action to charge >>> a[n] [amateur] radio operator criminally for conduct that would constitute a crime.” Id. at >>> 573. >>> For these reasons, we find that the trial court’s ex parte order is not preempted by >>> - 9 - >>> federal law. Therefore, the trial court had jurisdiction to find Respondent in criminal >>> contempt of court when Respondent violated the ex parte order by contacting Petitioner >>> on amateur radio. >>> _______________________________________________ >>> arrl-odv mailing list >>> arrl-odv(a)reflector.arrl.org >>> https://reflector.arrl.org/mailman/listinfo/arrl-odv >>> _______________________________________________ >>> arrl-odv mailing list >>> arrl-odv(a)reflector.arrl.org >>> https://reflector.arrl.org/mailman/listinfo/arrl-odv > >

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[arrl-odv:30428] Urgent Link
by John Robert Stratton 18 Jun '20

18 Jun '20

See KB6NU's posting on Collins' UrgentLink System https://www.kb6nu.com/collins-driving-another-nail-into-the-amateur-radio-e… -- ______________________________________ John Robert Stratton N5AUS Director West Gulf Division Office:512-445-6262 Cell:512-426-2028 P.O. Box 2232 Austin, Texas 78768-2232 *______________________________________*

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[arrl-odv:30431] FCC Filing Re Exposure Limits
by david davidsiddall-law.com 18 Jun '20

18 Jun '20

All, The attached filing was submitted to the FCC today addressing the Commission’s proposals to extends its RF exposure rules. Please contact me with any questions. 73, Dave David R. Siddall Managing Partner DS Law, PLLC 1629 K St. NW, Ste 300 Washington, DC 20006 direct: +1 202 559 4690 Unauthorized Disclosure Prohibited. This e-mail is intended solely for the intended recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.

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[arrl-odv:30427] 2020 Second Meeting of the Board of Directors
by Shelley, Barry, N1VXY (CEO) 17 Jun '20

17 Jun '20

All: In accordance with the Articles of Association and By Laws, please find attached, the formal call to the 2020 Second Meeting of the ARRL Board of Directors. As you can understand, the planning details are a bit fluid at the moment and will be adapted to the circumstances and orders in place from the Governor of Connecticut at the time of the meeting. The current plan is to begin the meeting as scheduled on Friday, July 17, 2020 via the Zoom virtual meeting platform. 73, Barry, N1VXY

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[arrl-odv:30424] Money For The League
by John Robert Stratton 17 Jun '20

17 Jun '20

See the enclosed report from Amazon regarding the ARRL and AmazonSmile. _______________________________________ John Robert Stratton N5AUS Director West Gulf Division Office:512-445-6262 Cell:512-426-2028 P.O. Box 2232 Austin, Texas 78768-2232 *_______________________________________*** **

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[arrl-odv:30417] Tennessee Court of Appeals Case
by k5ur＠aol.com 17 Jun '20

17 Jun '20

>From Riley. See his comments below. Noteworthy case from Tennessee Court of Appeals concerning criminal contempt and harassment over amateur radio. 73,Rick - K5UR -----Original Message----- From: RILEY HOLLINGSWORTH <rilepatholling(a)comcast.net> To: Rick Roderick <K5UR(a)arrl.org> Sent: Mon, Jun 15, 2020 3:34 pm Subject: Per e mail--the Tennessee Ct of Appeals case Here's an excerpt, and the decision is attached. This stems from the 7200/3860 case and while not binding of course in other states, it is a guide and gives actions in other states more ammunition--especially when it comes to repeater deliberate interference. Again, the enforcement and prosecution of a valid ex parte order does not conflict with the federal statutes regulating radio activity. As the Florida appellate court aptly noted under similar circumstances, “In prosecuting [Respondent] the [trial court] was not seeking to regulate the air waves, rather it was seeking to punish him for his criminal conduct.” Menefee, 980 So.2d at 571. Respondent argues that the FCC’s prohibition against “communications intended to facilitate a criminal act; . . . [or] obscene or indecent words or language” restricts any state court from having jurisdiction to prosecute such actions. See 47 C.F.R. § 97.113(a)(4). We disagree with this conclusory assumption. Respondent was not found in criminal contempt for using “obscene or indecent words” on amateur radio. Rather, he was found in contempt for simply communicating with Petitioner, irrespective of the language he used. On this issue, we rely on analysis in Menefee, 980 So.2d at 573–74. In Menefee, the Florida District Court of Appeals stated, “there is nothing contained within the [Federal Communications] Act or its implementing regulations that suggests that states may not take action to charge a[n] [amateur] radio operator criminally for conduct that would constitute a crime.” Id. at 573. For these reasons, we find that the trial court’s ex parte order is not preempted by - 9 - federal law. Therefore, the trial court had jurisdiction to find Respondent in criminal contempt of court when Respondent violated the ex parte order by contacting Petitioner on amateur radio.

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[arrl-odv:30416] Notice of A&F Meeting
by Jeff Ryan 15 Jun '20

15 Jun '20

The A&F Committee will hold a meeting on Saturday, June 20th at 11:00AM EDT. The purpose of the meeting will be to discuss the additional funding request for the Personify AMS system. The meeting will be conducted via Zoom. Non-committee board members are welcome to join via telephone. For those wishing to listen in, please send me the telephone number from which you will be joining (k0rm(a)comcast.net) Jeff Ryan, KØRM Director, Rocky Mountain Division ARRLthe national association for Amateur Radio® 9975 Wadsworth Pkwy K2-275 Westminster, CO 80021 303-432-2886 www.arrl.org

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[arrl-odv:30415] IN Newsletter
by Pereira, Carla, KC1HSX 12 Jun '20

12 Jun '20

Have a great weekend!

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[arrl-odv:30414] A bit of Ham radio on the NASA website.
by Mark J Tharp 11 Jun '20

11 Jun '20

FYI. https://www.nasa.gov/directorates/heo/scan/communications/outreach/balloon_… Mark, HDX

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[arrl-odv:30410] Fwd: [wvdxc] FCC License Renewal
by Michael Ritz 10 Jun '20

10 Jun '20

Can anybody tell me if this is still a "member benefit"? 73; Mike W7VO > ---------- Original Message ---------- > From: "Bill, K2PO" <bill(a)conwellpdx.com> > To: wvdxc(a)groups.io > Date: June 10, 2020 at 7:47 AM > Subject: [wvdxc] FCC License Renewal > > I had the impression that the ARRL would remind me when it was time to renew my license. I thought I'd seen that was a perk of membership - since they can scan the FCC database weekly and easily send out reminders to folks whose licenses are newly eligible for renewal (the window for which opens 90 days before expiration). > > I had occasion to check my FCC data yesterday, in connection with qualifying as a proctor for an Anchorage ARC remote exam for a local fellow, and found my license expires in 80-some days. > > Perhaps ARRL sent a reminder and it just hasn't arrived yet - 'hope so. > > I quickly renewed (it's free and painless), but it was a little jarring to think of how close I may have been to having my license expire. > > You might want to check your own license's expiration date, and check that you've got a good reminder system in place. I've now got a reminder in Google Calendar by which it will send me an email 3 months before expiration (the set-up for which took longer to figure out than the renewal process). > > 73, > > /Bill, K2PO > _._,_._,_ > > --------------------------------------------- > Groups.io Links: > > You receive all messages sent to this group. > > View/Reply Online (#4284) https://groups.io/g/wvdxc/message/4284 | Reply To Group mailto:wvdxc@groups.io?subject=Re:%20%5Bwvdxc%5D%20FCC%20License%20Renewal | Reply To Sender mailto:bill@conwellpdx.com?subject=Private:%20Re:%20%5Bwvdxc%5D%20FCC%20License%20Renewal | Mute This Topic https://groups.io/mt/74797930/795361 | New Topic https://groups.io/g/wvdxc/post > > Your Subscription https://groups.io/g/wvdxc/editsub/795361 | Contact Group Owner mailto:wvdxc+owner@groups.io | Unsubscribe https://groups.io/g/wvdxc/leave/1771200/1919525599/xyzzy [w7vo(a)comcast.net] > > _._,_._,_ >

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