I wanted to share some radio antics from yesterday because there is some learning value in it.
While I was rucking 2.5 miles, I carried my new Motorola XPR 6550 to see how it performed in a wooded area. I was listening to the local GMRS repeaters, which have been taken over completely by sad hams. After a rousing round-robin discussion of where to eat dinner and critiques of various restaurant French fries, they began a discussion of some radio ne'er do wells (more like vagabonds) that needed to be tracked down.
The ringleader complained that some "truckers" (turns out they are maintenance guys) had been using their frequency and activating the repeater (GASP). Mind you, this is an Open repeater that anyone can use. Well, our hero said he hadn't' had the time to track them down yet, but he was going to get to it, because someone needed to find them and tell them that they are using the repeater illegally.
Let me clarify, that's completely FALSE. As it is an open repeater, with a published PL Tone, it is open for anyone to use. Now, he might try and say you can't use the radio for business use, but that's a HAM radio thing, not a GMRS thing. It is perfectly legal to use GMRS for business communications.
Now, I get it, they probably don't have a GMRS license, but that doesn't make this illegal. Every FRS (license free) radio has the exact same 22 channels as GMRS on it. Many, like Cobra radios, are sold as 2-watt business radios, but they have the same channels. As a side note, 3 of the GMRS channels used to be "Itinerant Business" channels, meaning that if a business has had their radios for a long time, these channels are likely on them.
What I think the deal is that these guys are using some cheap FRS radios, but they are really close to the repeater. They put a CTCSS code on the channel to stop having to hear every kid in the neighborhood playing on their walkie talkies, and by pure coincidence got the code to their repeater (they are all from the same tone list).
If these guys track them down, what gives them the authority to act as self-appointed Junior Federal Agents and go knock on this business's door? The problem is that a lot of amateur radio guys think that their license conveys some sort of authority, it doesn't. So, let's say they track these guys down, confront them, and these cats tell the Ham Junior Police to pound sand, what is their recourse? The hams could call the cops, who would politely tell them that they have no idea what they are talking about, but that they had better not trespass and accost people anymore, lest someone blacken their eye.
They could try to go to the FCC, but the FCC would point out that in order for them to take action, the activity has to be malicious and intentional. Listening to these guys on the radio, they have NO IDEA whatsoever that they are interfering with this repeater. Therefore, there is no violation. The right solution is simply to change the tone to your repeater.
As far as businesses using GMRS without a license, or using FRS radios above 2 watts, there are literally THOUSANDS of them doing it every day. The FCC will never act on it, since business use is permissible and not a violation. Sure, they are using more power than legally allowed, but since we're talking 4 watts instead of 2, the FCC could care less.
One of the comments the ham guy said proved that they don't ever operate radios for business. He said that the other guys didn't know that you should never use a PL tone (privacy code) on simplex (talking without a repeater). That's pure BS. I've used GMRS radios all over the country (and in other ones) on simplex for running security details or surveillance, and if you don't use a PL tone, you will hear every little business or kid using the radio as a toy. Yes, using a PL tone on simplex is a good idea if you and your team want to just talk to each other.
Yes, I know everyone else can hear our conversation, but I'm not hearing kids shouting "poo poo pee pee" over the channel or Suzie asking Diane for price check.
Anyway, use PL tones on simplex to reduce interference and also understand that even with a GMRS license, you aren't given exclusive access to any of the 22 channels. You just have to deal with the fact that other humans exist and might exercise their right to use the same channel you are exercising your rights on.
Y'all would be proud of me, it took every ounce of willpower in my body, but I did not engage with these guys.