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From: wmartin@stl-06sima.army.mil (Will Martin)
Newsgroups: comp.dcom.telecom
Subject: Re: Portable Office Phones
Message-ID: <4703@accuvax.nwu.edu>
Date: 2 Mar 90 19:52:18 GMT
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X-Telecom-Digest: Volume 10, Issue 142, Message 2 of 9


>[Moderator's Note: With cellular phones, the present law is you may
>not listen to the conversation, period. You may not tune your radio to
>a frequency used by celluar phones, period. You may not sell a radio
>which has the capability of tuning to these frequencies, with certain
>exceptions. You may not even be in possession of a radio thus enabled.

I think the last two points are not quite right, but I may be wrong. I
thought it was that the only actual receiving devices that are banned
by the ECPA were ones that tuned *only* cellular-phone frequencies.
Others, that happened to tune cell-phone channels in addition to other
frequencies, were not restricted in any way. Thus the last point would
be incorrect; otherwise everyone with an older TV that tuned UHF
channels up to 83 would be in violation.

The question of legal issues regarding removing cellular-frequency-
tuning blocks that were built into a radio by the manufacturer has not
yet really been addressed by the courts, I believe. Bob Grove, of
Grove Enterprises, was pressured by Federal agents to stop advertising
the service of restoring cellular coverage on scanners that had those
frequencies blocked (the modification is usually a trivial diode snip
or install, which controls the programming of the inboard
microprocessor as to what frequencies it will accept for reception).

He also stopped offering the mod to people who bought such scanners
from his firm. But the *information* as to how to perform that mod is
freely publishable and distributable. Bob did not fight the issue in
court because of the cost and time involved, so the Feds won de facto,
but the issue still can be raised by anyone with the resources and
fortitude to fight the good fight and feed the lawyer-parasites that
will profit from such an effort.

The "you may not tune your radio to a frequency used by cellular
phones" also needs a caveat. I believe the wording is actually that
you are prohibited from *intentionally* tuning a cellular-phone
conversation.  Tuning across one while going from one end of the band
to the other is not prohibited.

[I was trying to retrieve the ECPA.1986 file from the Telecom archives
before sending this, in order to be sure I get my facts straight, but
I can't get any response from the archive system.]


Regards, Will


[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]