Fw: Re: Re: Proposed ordinance for San Antonio


Tom O'Brien
 

-----Forwarded Message-----
From: Tom O'Brien
Sent: Oct 7, 2010 1:33 PM
To: W5SC@yahoogroups.com
Subject: Re: [W5SC] Re: Proposed ordinance for San Antonio




Bart,

If that's so, I misread the agenda, which did not say the council was to vote on an ordinance. I apologize for the misinformation.
That just means that the state law, when enacted, will pre-empt it, just as it did on the school zone cell phone ordinance.
We hams need to get the same (licensed op) exemption into the new state law.



-----Original Message-----
From: Bart Stavisky
Sent: Oct 7, 2010 1:11 PM
To: W5SC@yahoogroups.com
Subject: Re: [W5SC] Re: Proposed ordinance for San Antonio





Yahoo is reporting that the ordinance passed and is going into
effect in 5 days with a 90 day grace period..

From: Tom O'Brien
Sent: Thursday, October 07, 2010 12:18 PM
To: W5SC@yahoogroups.com
Subject: RE: [W5SC] Re: Proposed ordinance for San Antonio

Charles,

The council is not voting on an ordinance today, because there *is no* ordinance. There is a Request for Council Action, which gives the reasoning and describes the functional change that is desired. The RFCA was written by an Assistant Chief and an Assistant City Manager. What the Council will likely do is direct someone to draft an ordinance.

-----Original Message-----
From: Charles Land
Sent: Oct 7, 2010 10:53 AM
To: W5SC@yahoogroups.com
Subject: RE: [W5SC] Re: Proposed ordinance for San Antonio

Yes, they are voting today. As I read this, while we always want more
clarity, it does not prohibit talking on a radio device. It just prohibits
texting or activities other than talking. Seems that covers what ham ops
do. If it is interpreted to interfere with "talking", then it would appear
to ban police use of their radios, as well as every other government
employee use of mobile radios.
I don't see where we have a problem???

-----Original Message-----
From: W5SC@yahoogroups.com [mailto:W5SC@yahoogroups.com] On Behalf Of Mike
Check
Sent: Thursday, October 07, 2010 9:45 AM
To: W5SC@yahoogroups.com
Subject: Re: [W5SC] Re: Proposed ordinance for San Antonio

Aren't they voting on it today?

On Thu, Oct 7, 2010 at 8:43 AM, Tom O'Brien <tpobrienjr@earthlink.net>wrote:



Louis,

You are right, in that FCC Licensed Ops need to be exempted from this
ordinance.
The San Antonio ordinance on operating in School Zones is 19-254 and it
does not exempt FCC licensed operators.
The Texas Transportation Code section 545-425 *does* exempt FCC licensed
operators, and it specifically pre-empts local ordinances.

We intend to work with the writers of the ordinance to get the right
language in place. ARRL Volunteer Counsel will be working with some local
hams.

SA hams who would like to help with this should contact
AB5XZ@arrl.net<AB5XZ%40arrl.net>

73TomAB5XZ
San Antonio, TX


-----Original Message-----
From: k5stx
Sent: Oct 7, 2010 6:43 AM
To: W5SC@yahoogroups.com <W5SC%40yahoogroups.com>
Subject: [W5SC] Re: Proposed ordinance for San Antonio

Looks like some SA Hams need to call their City Council person and express
concerns, and have a clarification added to exempt FCC Licensed Operators,
much as they did with the school zone Ordinance.

K5STX

--- In W5SC@yahoogroups.com <W5SC%40yahoogroups.com>, Tom O'Brien
<tpobrienjr@...> wrote:

This item is on the agenda for the Thursday October 7 San Antonio City
Council meeting.

"RECOMMENDATION:

Staff recommends Amending Chapter 19, Article VII of the City Code, by
adding a new section under Section 19, which will prohibit the use of a
hand-held mobile communications device to send, read, or write a text
message, or engage in any other use of the device besides dialing
telephone
numbers or talking to another person, while operating a motor vehicle, and
providing for a fine of up to $200 per violation."

How will this apply to your ham radio mobile operation?

1. APRS?
2. D-STAR?
3. changing channel on your handie?
4. other?

The ordinance is supposed to prevent internet texting, websurfing,
watching movies, etc., using mobile phones. What can we do to assure that
this dragnet ordinance doesn't inadvertently catch radio amateurs?

The background memo for the ordinance is at

https://webapps1.sanantonio.gov/agendabuilder/RFCAMemo.aspx?RId=6548

73TomAB5XZ

[Non-text portions of this message have been removed]

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Sincerely,
Tom O'Brien
San Antonio, Texas









Sincerely,
Tom O'Brien
San Antonio, Texas

Sincerely,
Tom O'Brien
San Antonio, Texas