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Concerns and Lessons Being Learned

Updated 27 Sept 17 - 0730 PDT

27 Sept 17 Update

Governor Brown signed into law AB-1222 unchanged from our last known edits. No real surprise there.

The following is the content of my letter to Assemblymember Quirk's and Senator Beale's offices:

There IS a surprise however that this press release makes specific reference to people/job/employment/task status and employers, which is in contrast to what representatives from related employers agreed in conference were not prudent to call out or differentiate. No surprise there would not be acknowledgement to other equivalent but as or more experienced licensed and unlicensed communications uses.

This adds to and continues the nature and existence of the very ambiguities our group of communications veterans brought to attention in February, and that the Legislative analysis and CHP enforcement documents were said to help clarify in the absence of accepting better technical definitions of the devices and actions to be regulated.

This adds further complexity to law enforcement and courts to determine/complicate whether or not employment or non-employment are involved in considering a citation.

This is clearly "bad law", and against minimal assurances that non-employment related communications use MIGHT not be cited. We realize that the nuances and significance of this are not well understood and mean little to many people or "public administrators - but it IS important to a larger public audience beyond a few large employers/lobbies and government folks.

It once again puts tens of thousands of innocent citizens/taxpayers/voters back on-guard and in fear of unintended consequences - some of those consequences obviously expensive financially and legally, and potentially life-/work-affecting.

Respectfully,

Jim Aspinwall
NO1PC - Commercial and Amateur Radio FCC licensed > 40 years

Press Release: AB-1222 Signed

14 July Update

All prior updates, documents, links copied to this location (clickable.)

There are a couple of lessons-learned and editorial points to be extended to a variety of radio-related publications and venues, and perhaps some interest in a presentation to ham clubs or Pacificon explaining all of this.

We're not 'done'. Given that:

  • The bulk of ambiguous language remains in AB-1222 and is likely to become the revised CVC 23123.5, and...
  • it is QUITE likely most/all State agencies AND certainly the 58 counties and hundreds of cities, may NOT be aware of nor heed the current Legislative Analysis nor the CHP enforcement memo...

... it IS anticipated that someone WILL likely be cited for radio/microphone use.

To the latter point and any sharing of what's transpired, there is still a huge lingering CQ/QRZ hanging out there requesting that anyone cited under 23123.5 for radio/microphone use PLEASE step forward and provide us details, and perhaps seek at least advisory counsel for handling of any Court case. THIS IS IMPORTANT!!!!

If you personally are cited, or hear of someone who has been, PLEASE LET US KNOW ASAP! Email: CVC23123 @ yahoo . com with details, contact info, attach a scan of the citation, etc.

IF such a case is taken to Court - things we NEED to know - if the charges are dropped/withdrawn (however that may be) or of the case is going to Court, and if handled in Court - the outcome. Court transcripts are essential.

In the meantime, links to documents you want to have handy:

CHP Enforcement of Section 23123 in PDF

Senate Transportation And Housing - Analysis 2

Senate Transportation and Housing - Analysis 1

Assembly Transportation and Housing - Analysis

During any stop-and-cite process, ASK the officer if they are aware of the CHP enforcement memo about 23123.5 and ASK if they would like to see a copy.

ASK!!!! Do NOT force the issue.

IF cited and you decide to take the issue to court, ALL of the linked documents are essential to provide to a defense attorney. Beyond that other legal advise about this MAY be available. Contact us with your situation.

IF someone is cited, there are specific outcomes and matters of fact and court record that need to be obtained toward any future revision of the law.

Unless you are or have a lawyer aware of the nuances, PLEASE, let's get the right people engaged ASAP!

In the meantime - thank you all very much for your interest and support!

 


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