TELECOM Digest     Tue, 17 Jan 95 14:25:00 CST    Volume 15 : Issue 36

Inside This Issue:                          Editor: Patrick A. Townson

    Horrible Earthquake in Japan (TELECOM Digest Editor)
    Re: Legal Problem Due to Modified Radio (Bob Keller)
    Re: Legal Problem Due to Modified Radio (Ben Burch)
    Re: Legal Problem Due to Modified Radio (Bill Garfield)
    Re: Chatter Heard on Scanner Leads to Criminal Charges (Gary Novo)
    Re: Chatter Heard on Scanner Leads to Criminal Charges (Bob 
Keller)
    Re: Chatter Heard on Scanner Leads to Criminal Charges (Clifton T. 
Sharp)
    Re: Chatter Heard on Scanner Leads to Criminal Charges (Peter 
Dibble)
    Re: Cellular NAM and ESN (Bob Keller)
    Re: Cellular NAM and ESN (Alan Shen)
    Re: Cellular NAM and ESN (Jeff Box)
    Re: Cell Phone PINs (Jay Hennigan)
    Re: Cell Phone PINs (Henry Baker)
    Re: Cellular Phone Pricing Question (Ken Weaverling)

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From: TELECOM Digest Editor <telecom@eecs.nwu.edu>
Subject: Horrible Earthquake in Japan
Date: Tue, 17 Jan 1995 14:00:00 CST


Word is reaching us of a very severe earthquake which hit Japan 
several
hours ago. This is reported to be the worst there in over a hundred 
years.
Over 170,000 people have died, and entire cities are in flames. The
government is attempting to cope with it, but is somewhat at a loss 
due
to the severity of it. President Clinton has been in touch with the
Japanese government and is sending immediate assistance as needed.

This comes by coincidence on the anniversary of Northridge ...

Can any of our Japanese readers give us more details?  What has been 
the
extent of the damage where telecommunications is concerned?  


PAT

------------------------------

Date: Tue, 17 Jan 1995 10:55:09 EST
From: Bob Keller <rjk@telcomlaw.com>
Subject: Re: Legal Problem Due to Modified Radio


David,

I am not sure if this will be applicable, and therefore helpful, in
your circumstances, but you should be aware of a 1993 FCC Ruling
preempting state and local laws concerning amateur operator use of
transceivers capable of reception beyond the ham bands.  The official
citation is: PR Docket No.  91-36, Memorandum Opinion and Order (FCC
93-410), 8 FCC Rcd 6413, 73 Rad. Reg. (P&F) 1196 (September 3, 1993).

In paragraph 13 of the order the FCC wrote:

We hold that state and local laws that preclude the possession in
vehicles or elsewhere of amateur radio service transceivers by amateur
operators merely on the basis that the transceivers are capable of the
reception of public safety, special emergency, or other radio service
frequencies, the reception of which is not prohibited by federal law,
are inconsistent with the federal objectives of facilitating and
promoting the amateur radio service and, more fundamentally, with the
federal interest in amateur operators' being able to transmit and
receive on authorized amateur service frequencies.  We therefore hold
that such state and local laws are preempted by federal law.

I'd be happy to fax you a copy of the decision and/or chat with you
about it.  Email me or give me call.


Bob Keller (KY3R)                Email: rjk@telcomlaw.com
Law Office of Robert J. Keller, P.C.   Telephone:  301.229.5208
Federal Telecommunications Law         Facsimile:  301.229.6875

------------------------------

From: Ben_Burch@wes.mot.com (Ben Burch)
Subject: Re: Legal Problem Due to Modified Radio
Organization: Motorola, Inc.
Date: Tue, 17 Jan 1995 17:13:21 GMT


In article <telecom15.31.5@eecs.nwu.edu>, mudaw@uxa.ecn.bgu.edu (David
A. Webb) wrote:

> An officer found my 2 meter amateur transceiver, turned it on, and
> discovered it could transmit on frequencies licensed to the local
> county police.  I was not in my room during the time of the search,
> so I had no control over its operation.  

This officer was in violation of federal law for tampering with an
amateur radio station.  Please turn him over to the FCC!


Ben Burch               Motorola Wireless Data Group:
Ben_Burch@wes.mot.com   Makers of the Envoy(R) Personal 
                        Wireless Communicator
                        Envoy(R) Information Line;
                        1-800-8-WIRELESS

------------------------------

Subject: Re: Legal Problem Due to Modified Radio
From: bill.garfield@yob.com (Bill Garfield)
Date: Tue, 17 Jan 95 07:43:00 -0600
Organization: Ye Olde Bailey BBS - Houston, TX - 713-520-1569
Reply-To: bill.garfield@yob.com (Bill Garfield)


> Witness #3 was a person who services amateur equipment.  He stated
> that my radio is type accepted, and therefor it is illegal to 
modify.
> Illegal modification therefor makes my radio illegal to possess.

> Witness #1 was the university officer who stated under oath that he
> used the radio to transmit on county frequencies to verify the
> modifications.  He also stated in his professional capacity that my
> radio is illegally modified, and therefor illegal to possess.  He
> further stated that he called the FCC and was told my radio is 
illegal
> to possess.

While the writer is correct in his statement that Amateur or Ham radio
equipment is not 'type-accepted', equipment which -lawfully- operates
on commercial frequencies (police frequencies) and is capable of
TRANSMITTING thereon, _must be_ type accepted, approved and certified
for such use.  The modifications therefore would constitute an 
equipment 
technical violation.

Although the act of 'tampering' with non type-accepted equipment is
allowable, the moment that equipment radiates energy on frequencies
where type acceptance _is_ a requirement, then the modified equipment
is in violation and as "property" it becomes contraband.

While FCC regulations deal mainly with use and not possession, the
writer may still be on shaky ground.  I certainly wouldn't want the
local constabulary _aware_ that I possessed transmitting equipment
capable of operating on their lawfully assigned frequencies.

But the obvious question which remains unanswered is -why- was the
person's room searched in the first place?  "Reasonable suspicion" is
sufficient grounds in most jurisdictions, but suspicion of what?


Ye Olde Bailey BBS Zyxel 713-520-1569(V.32bis) USR 713-520-
9566(V.34/FC)|
Houston,Texas    yob.com   Home of alt.cosuard


[TELECOM Digest Editor's Note: Well, this is something the original
writer did not explain to us, and as you suggest, it seems like a very
important part of this whole mystery. If their 'reasonable suspicion'
had to do with improper or inappropriate transmissions on the radio,
then the defenses discussed to date may go topsy-turvy in court. This
may or may not be the best forum for David Webb to use to say 
everything
he knows about this case -- at least at this time -- but I hope David
will get an attorney and be completely straight with him. Attornies 
will
tell you how the worst thing in the world -- and a very common thing,
unfortunatly -- is to have a client who lies to them. Then they get in
court, and the *other side* tells the attorney stuff his own client 
had
'forgotten' to mention. End result, the attorney gets egg on his face
and looks like an idiot.  Attornies don't like that. So David, please
do get a competent attorney, and when all is over and done with, tell
us how things worked out, okay?   PAT]

------------------------------

Date: Tue, 17 Jan 1995 03:27:06 -0500
From: GaryNovo@aol.com
Subject: Re: Chatter Heard on Scanner Leads to Criminal Charges 
Reply-to: gnovosielski@mcimail.com


In TELECOM Digest; Mon, 16 Jan 95; 09:19:00 CST; Volume 15 : Issue 32
billsohl@earth.planet.net (Bill Sohl) writes:

> No one needs any authority from the FCC to operate a receiver ...
> that's one of the fundamental differences between the USA and many
> other countries.

In my view this so-called "fundamental difference" is a fairly hollow
one.  True, you don't need a license to operate a receiver in the
U.S., and there are no license fees or federal taxes to be paid.

I suppose, once upon a time, that "difference" implied a reverence for
personal liberties which was arguably greater than it was in countries
where receivers were heavily regulated, taxed, or even outlawed.

But in the intervening years, Congress has passed a series of laws 
making 
the actual use of receivers illegal in a number of circumstances. The 
fact 
that they have never passed a law taxing them is cold comfort.

ECPA as amended is only the latest insult. Previous laws made it 
illegal to 
intercept certain satellite downlinks (and uplinks), radar speed guns,
and a number of other types of signals. If the trend continues, 
listening to 
any signal not explicitly intended for broadcast will be illegal. I 
know that 
at least one Congress member proposed legislation with just that 
wording.

The freedom to own a device which one is not free to use is ironically
appropriate in a country which increasingly seems to value ownership
and property rights above the civil rights of its citizens.

If I had my choice, I would much rather pay a tax or a license fee of 
a few
bucks per year on a receiver if it brought with it the freedom to use 
the
device as I saw fit.


Gary Novosielski   GPN Consulting   My opinions ARE those of my 
employer.

------------------------------

Date: Tue, 17 Jan 1995 10:25:41 EST
From: Bob Keller <rjk@telcomlaw.com>
Subject: Re: Chatter Heard on Scanner Leads to Criminal Charges


In TELECOM Digest V15 #32, Bill Sohl <billsohl@planet.net> wrote: 

> I have no problem with this statement and I'll state unequivocally
> that scanners and/or other types of radio receivers are not (if
> designed properly) included in the catagory "intentional or
> unintential radiator" and they are not, therefore, licensed.

I did not realize this was such a heated matter or I never would have
stuck my nose into it ... but, now that I'm here <G> ... 

A scanner most definitely is a "radiator".  If nothing else, the micro-
processor circuitry that makes it scan constitutes an unintentional 
radiator within the meaning of the rules.  Many people in this thread
seem to be confusing "radiator," which is a defined term of art under
Part 15, with "transmitter" in the usual sense of that word.  Many
devices which are not "transmitters" (including not only receive-only
devices, but also devices that have nothing whatsoever to do with
transmission or reception of signals) nonetheless "radiate" 
electromagnetic 
energy and are subject to Part 15.

In an oversimplified view, Part 15 governs two large classification of
devices: (1) transmitters (in the general sense of that word) that
operate at sufficiently low power levels and/or restricted
circumstances that individual licensing is not necessary, and (2)
devices that are _not_ transmitters (in the general sense of that
word) but which nonetheless generate electromagnetic fields.

The only points that I really wanted to make when I jumped in here
are: (1) It is not entirely accurate to say that Part 15 places _no_
obligations on the user or the consumer.  (2) The scope of Part 15 is
much, much broader than what we generally think of as "transmitters."
(3) User modification of a device _can_ (I don't say it _will_, I say
it _can_) invalidate the device's Part 15 certification and/or
verification.

I am _not_ saying that home-built devices and/or user-modified devices
are therefore automatically unlawful.  In building or modifying a
device, however, the user is responsible for keeping the technical
parameters of the device within the radiation limits prescribed by
Part 15 and, if those limits are exceeded, the user no-longer enjoys
the right conferred by Part 15 to use the device without a license.
With the possible exception of cellular scanners (which is an issue
contaminated by political/industry pressures and other laws having
nothing to do with the regulatory purposes of Part 15), I don't think
there is any intent on the part of the government to prevent someone
from building or modifying non-transmitter devices (on a
non-commercial basis) in ways that do not cause interference, nor do I
think there is any governmental interest in expending resources
worrying it.


Bob Keller (KY3R)   Email: rjk@telcomlaw.com
Law Office of Robert J. Keller, P.C.   Telephone:  301.229.5208
Federal Telecommunications Law    Facsimile:  301.229.6875

------------------------------

From: clifto@indep1.chi.il.us (Clifton T. Sharp)
Subject: Re: Chatter Heard on Scanner Leads to Criminal Charges
Date: Tue, 17 Jan 1995 07:04:15 GMT


In article <telecom15.32.9@eecs.nwu.edu> plaws@comp..uark.edu (Peter
Laws) writes:

>> "The operation of an intentional or unintentional radiator 

> RADIATOR!!!  Not receiver!!  *Transmitters* are a "whole nother"  
thing. 

> Radiator != receiver (I'll leave aside poorly shielded local 
oscillators:). 

But that was the whole point.  A receiver with a poorly shielded local
oscillator, or for that matter a computer or sparking relay or 
defective 
fluorescent light, are UNINTENTIONAL radiators (see above) and are 
just as 
thoroughly regulated (albeit not as often enforced :-).


Cliff Sharp   WA9PDM        
clifto@indep1.chi.il.us

------------------------------

From: dibble@microware.com (Peter Dibble)
Subject: Re: Chatter Heard on Scanner Leads to Criminal Charges
Date: 17 Jan 1995 01:21:53 GMT
Organization: Microware Systems Corp., Des Moines, Iowa


In article <telecom15.27.10@eecs.nwu.edu> TELECOM Digest Editor noted 
in response to Bob Keller <rjk@telcomlaw.com>: 

> [TELECOM Digest Editor's Note: Thank you, Bob. Section 15.21 is all
> May I suggest to readers the next time you decide to purchase some 
sort of
> radio, or television perhaps, *look at the user manual*. Let's leave 
Radio

Are you sure about this Pat?  I looked carefully through the user
manual for an AM/FM receiver and couldn't find a single reference to
the FCC or any form of license or precaution except that there was
quite a lot of prose explaining that it could be dangerous to listen
to the radio at too high a volume.


Peter

------------------------------

Date: Tue, 17 Jan 1995 11:04:50 EST
From: Bob Keller <rjk@telcomlaw.com>
Subject: Re: Cellular NAM and ESN


In TELECOM Digest V15 #30, Alan Shen <kermee@u.washington.edu> wrote:

>> Call your cellular carrier about this. Some will allow you to have 
one
>> NAM for two different phones (with different ESN numbers) for an 
extra
>> charge usually from about $5-$8 a month.

John Covert responded:

> Absolutely not!  This is a violation of the cellular standard and
> forbidden by the FCC.  No carrier may permit it.  It will not work
> correctly; if both phones are on at the same time it may interfere
> with calls to other subscribers.

Setting aside the technology for the moment (NAMs, ESNs, etc.), what
some carrier's are offering is the ability to have the same cellular


telephone number active on more than one unit.  For example, Cellular
One in the Washington/Baltimore area just announced the service at
$17.95 per month for up to three different units.  What is illegal
under FCC rules is post-manufacturer modification of the ESN.  This
was done not for the purpose of precluding cellular "extension" phones
to otherwise legitimate users, but rather in response to the
ever-growing fraud due to "cloning" of cellular phones.  There are
ways that cellular carriers can accomplish the same result in the
switch without modifying the ESN and therefore without violating the
law.

The FCC staff has always had a policy prohibiting ESN cloining and/or
tinkering, but until recently in was based on interetation of rules
that really didn't directly address the matter, as well as to 
incorporation 
by reference of external industry equipment standards.  A new rule
which significantly more teeth was therefore promulgated, and became
effective on January 1, 1995:

    New FCC Rule Section 22.919
    47 C.F.R. Section 22.919
    ---------------------------------

    22.919 Electronic serial numbers.

    The Electronic Serial Number (ESN) is a 32 bit binary 
    number that uniquely identifies a cellular mobile 
    transmitter to any cellular system.

     (a) Each mobile transmitter in service must have a 
     unique ESN.

 (b) The ESN host component must be permanently attached 
     to a main circuit board of the mobile transmitter 
     and the integrity of the unit's operating software 
     must not be alterable.  The ESN must be isolated 
     from fraudulent contact and tampering.  If the ESN 
     host component does not contain other information, 
     that component must not be removable, and its 
     electrical connections must not be accessible.  If 
     the ESN host component contains other information, 
     the ESN must be encoded using one or more of the 
     following techniques:

  (1) Multiplication or division by a polynomial;

  (2) Cyclic coding;

  (3) The spreading of ESN bits over various non-
      sequential memory locations.

        (c) Cellular mobile equipment must be designed such 
     that any attempt to remove, tamper with, or change 
     the ESN chip, its logic system, or firmware 
     originally programmed by the manufacturer will 
     render the mobile transmitter inoperative.

 (d) The ESN must be factory set and must not be 
     alterable, transferable, removable or otherwise 
     able to be manipulated in the field.  Cellular 
     equipment must be designed such that any attempt to 
     remove, tamper with, or change the ESN chip, its 
     logic system, or firmware originally programmed by 
     the manufacturer will render the mobile transmitter 
     inoperative.

                             -----------------

Bob Keller (KY3R)   Email: rjk@telcomlaw.com
Law Office of Robert J. Keller, P.C.   Telephone:  301.229.5208
Federal Telecommunications Law    Facsimile:  301.229.6875

------------------------------

From: Alan Shen <kermee@u.washington.edu>
Subject: Re: Cellular NAM and ESN
Date: Tue, 17 Jan 1995 01:10:07 -0800
Organization: University of Washington


On Thu, 12 Jan 1995, John R. Covert wrote:

> Alan Shen <kermee@u.washington.edu> wrote:

>> Call your cellular carrier about this. Some will allow you to have 
one
>> NAM for two different phones (with different ESN numbers) for an 
extra
>> charge usually from about $5-$8 a month.

> Absolutely not!  This is a violation of the cellular standard and
> forbidden by the FCC.  No carrier may permit it.  It will not work
> correctly; if both phones are on at the same time it may interfere
> with calls to other subscribers.

Are you sure? I've seen flyers from several different carriers now
offering one NAM with multiple ESN. It's perfectly legal. You must be
talking about have two phones with the same NAM and ESN.


Daniel Kao

------------------------------

From: jeffb65582@aol.com (JeffB65582)
Subject: Re: Cellular NAM and ESN
Date: 16 Jan 1995 16:20:15 -0500
Organization: America Online, Inc. (1-800-827-6364)
Reply-To: jeffb65582@aol.com (JeffB65582)


Southwestern Bell Mobile Systems in Dallas does offer the "same number
with two different phones" (each with different ESN) for $10 per
month.  You are cautioned that if both phones are turned on, incoming
calls will generally go to one phone (at random) but not both.  Also,
the phones can't call each other.

Its a popular offering for those who have a mobile and want a handheld
also.


Jeff Box

------------------------------

From: jay@rain.org (Jay Hennigan)
Subject: Re: Cell Phone PINs
Date: 17 Jan 1995 01:40:37 GMT
Organization: RAIN Public Access Internet (805) 967-RAIN


A. Padgett Peterson (padgett@tccslr.dnet.mmc.com) wrote:

> Mark Smith    Mercerville, NJ writes:

>> By contrast, customers not using PINs must bring their phones back 
to a
>> carrier or dealer for a new phone number, notify business 
associates
>> and friends of the number change, or even modify business cards and
>> stationery.

> Don't understand the last part, the ESN is what needs to change, not
> the phone number, guess someone does not understand the difference.
> This is from a telco press release?

Changing either will disable the cloned phone.  The ESN and MIN (phone
number) must match the carrier's records for the call to go through.
As it is easier for the carrier to change the MIN than the ESN, they
suggest this as the solution, despite the obvious inconvenience to
their customers.

Even if the carriers had the capability to reprogram ESNs, I doubt
that they would release it to their field-level techs.  There would be
a lot of under-the-table cloning for customers who want two phones on
the same number originating from the carriers' own service facilities.

For someone who has been hit by the cloners and wants to keep the same
phone number, he can either buy a new phone (at premuim prices because
of no new activation), send it back to the manufacturer for a new ESN,
or find a cloner to change it to something different and not in use on
the home system and then get the carrier to update its records with
the new ESN.

------------------------------

From: hbaker@netcom.com (Henry Baker)
Subject: Re: Cell Phone PINs
Date: Tue, 17 Jan 1995 10:18:24 GMT


In article <telecom15.27.1@eecs.nwu.edu>, jeff@cher.heurikon.com 
(Jeffrey
Mattox) wrote:

> In article <telecom15.24.8@eecs.nwu.edu>, Carl Oppedahl 
<oppedahl@patents.
> com> wrote:

>> I was reading a book about the cellular system that was published
>> eight years ago ... it identified the problem that if people copy 
down
>> the ESN and phone number they could get free calls ... despite this
>> the cellular industry moved ahead with the present system.

> Somewhere, the person(s) that made the design/political decisions to
> implement the system this horrible way are watching.  They probalby
> even have cellular phones themselves.  I wonder what they are
> thinking.  "Gosh, I was a dumb so-an-so for ..."  I wonder if it's 
the
> same guy who invented the VCR programming scheme -- in which case 
he's
> probably more of the mind to be laughing at the mess he's created.

Highly unlikely.  The attitude in big business has always been to
move in packs, so that no individual will ever be blamed.  "The 
_committee_
made the decision", etc.  These guys are so clueless, that even if
you pointed it out to them, they still wouldn't understand.

The banking system's electronic funds transfer system is only a mite
more secure than the cellular telephone system (this has been
discussed on comp.risks).  Even though hundreds of millions of dollars
of fraud have been admitted (who knows how much worse hasn't been
admitted), these guys still won't move to really fix the system.

Apparently, so long as they can get insurance, they don't care what
the losses are.

So long as the cellular carriers can continue to pass on the losses to
the _paying_ customers, and the totally clueless regulators allow them
to do so, they won't lift a finger to stop the problem.

------------------------------

From: weave@hopi.dtcc.edu (Ken Weaverling)
Subject: Re: Cellular Phone Pricing Question
Date: 17 Jan 1995 12:56:13 -0500
Organization: Delaware Technical & Community College


In article <telecom15.10.9@eecs.nwu.edu>, John McGing <jmcging@access.
digex.net> wrote:

> Anyway, I have a couple of questions: Even including the $25.00 year
> to the employee association, the monthly base cost is $11.03 month 
vs
> $24.95.  Over three years that's $167.00 x3 or over $500.00 in
> savings.  Is this deal too good to be true?  The three year thing
> doesn't worry me (we're NOT moving <g> and the car phone we have is 
a
> real top drawer Motorola we can switch to a new car.).  Should it?

One of the reasons for a three year contract may be due to the cell
company planning on, or expecting, cell prices to drop in that period.
If they do, and you are locked in for three years, they get to keep
charging you under the older higher terms. For example, in some parts
of the country, under certain plans, weekend local air time rates are
FREE.

If you are simply planning on using the phone for emergencies, then 
the 
lowest monthly rate is the best deal, and the three year committment 
isn't
as important. If you make a lot of calls, then it is a gamble.


Ken Weaverling   weave@dtcc.edu |*| My opinions .NEQ. college's 
position

------------------------------

End of TELECOM Digest V15 #36
*****************************

                                                                            
