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Author Message   Admin Posted on Saturday, August 17, 2002 - 1:28 pm:        An alert reader brought to my attention news of some interesting happenings in the northwest. The city council of Tacoma, Washington has passed a resolution banning possession of non-FCC type approved and accepted devices. The use of unauthorized cb radio equipment and unauthorized operation between 25 and 32 MHZ was specifically mentioned by council in meetings which led to the approval of the ordinance. Licensed amateurs are exempt from the law. Contacted city officials admitted enforcement of the new ordinance will be complex until a precedent is set. The actual duty of enforcing this new law was delegated to the "Building and Land Use Services Division" of Tacoma, and not law enforcement police officers. When asked what that division's main purpose served, an official said it issues building permits for the city of Tacoma and enforces zoning and nuisance laws. The official went on to say that while the staff is provided training for their job functions, no training was provided to the Building and Land Use Services Division employees concerning this new law, even though they are charged with enforcing it. If this sounds like a bad new law, that's because it is. There are way too many variables that come into play for an issue like this to simply be thrown to untrained participants chosen for law enforcement. For example, how will an operator be positively identified by building code enforcement officers when they won't have the slightest clue what to look for since they have no training whatsoever regarding this issue? The zoning officials in this instance appear limited to following the federal law referred to in a form letter the city received from the FCC in response to two complaints they had filed with the agency in late 2001 concerning what was then referrred to as "cb radio intererence." The reply from the FCC was standard form, giving a familiar FCC address to report interference. In addition, the FCC letter made Tacoma officials aware of last year's passage of the Feingold bill that gives cities and towns artificially inflated authoritative jurisdiction concerning cb interference. In other words, authorization was granted to localities allowing them to enact local legislation that deals with cb interference, normally an FCC issue. Tacoma officials may well find the issue ultimately must revert back to the FCC in the end. With that in mind, the Feingold bill appears two-fold. It allowed the FCC to distance themselves from an issue they were losing interest in year after year: cb enforcement, and it served as a weeding process, assuring that only the worst offenders come to their attention. All that can really be done as far as enforcement tactics by a zoning squad is a warning letter or two written on official city stationery. Fines imposed by a zoning committee for interference and not antenna restrictions would certainly be precedent setting. Add whatever action the FCC may or may not take should the city decide to forward their findings and reports, and we are right back to square one concerning enforcement issues. The fact that this law appears to absolve amateur license holders is a bad idea for so many reasons that time and space constraints will not allow for a discussion that involved. The law should retain it's uninformed prejudices and apply to all operators equally where interference is concerned. What compelled Tacoma to be one of the first cities to come forward and take such a hard stance against cb laws? Was a major keyoff or keydown held there? Nope. Are there way more cbers in Tacoma than elsewhere? Nope. Is the grid location of Tacoma responsible for some strange, unknown force that allows cb signals to permeate more than other places? Nope. What then? What possiby could have made this city of 177,000 people pass such legislation? How about one single operator that repeatedly ignored interference complaints? This individual in the Oakland neighborhood of Tacoma received several complaints from his friendly homeowners association stating his equipment was interfering with portable phones and television sets. As if it wasn't enough to ignore the complaints he received, the radio scofflaw threatened physical violence to his neighbors that dare complained. City council members were promptly notified and the rest, as they say, is history. Stay tuned.