Question:

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Ken

    As always we enjoy reading your topics, we find them extremely informative.  I have a question which I have not seen asked or discussed.

    We have a client in NJ which we have a monitoring contract for (1) Alarm and (1) Fire, this company has filed chapter 11 and all of there assets are in the bankruptcy courts now.

    According to our client the Trustees are looking to maintain the monitoring for both, but we have had no contact with them as of yet.

    My question is if the Trustee does wish to continue the monitoring:  are we obligated to have them sign a contract or provide service under our client’s original contract until the courts liquidate or sell the location.

    Also the contact info for the Monitoring company must be updated, if no contract required would it be wise to obtain a letter with their letter head and have them state for bankruptcy procedure that they will be the responsible party for contact information and for payment to maintain accounts active.

Best regards,

Nick Bruno

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Answer:

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    You are wise to be concerned.  When your subscriber filed a petition with the Bankruptcy Court under Chapter 11 the subscriber as you knew it ceased to exist.  A new entity came into being, the "debtor in possession".  A debtor in possession [or a Trustee in a chapter 7 or an operating Trustee in a chapter 11] has 60 days to assume or reject executory contracts.  Failing to assume the contract the contract is deemed rejected.

    Your alarm contract for monitoring, service or lease is executory - in other words one or both parties have yet to complete performance. 

    Assuming it's more than 60 days from date of filing and you haven't gotten an assumption agreement or new alarm contract signed, you no longer have a contract.  If there is a loss guess who the new entity, either debtor in possession or Trustee is going to look to?  And guess where you case is going to be heard - the Bankruptcy Court. 

    Bottom line - your subscriber goes into bankruptcy you must get a new contract signed or an assumption agreement signed - which is fancy way of describing any writing that acknowledges that the existing contract will be assumed and continued.

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Comments on cell phone jammers

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Ken,

    In the USA it is illegal to use cell phone jammers. This is handled

exclusively by the Federal Communications Commission and the individual

states have no say, jurisdiction or  rights in this matter. (ie. they

have been preempted) Numerous states including Maryland, where I reside,

have run tests at various prisons using jammers to prevent inmates from

conducting criminal activity from prison using pre-paid phones. I have

not heard that any have been approved by the FCC and or are in service.

Jeff Hutter

TWR Communications

Cumberland, MD

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Mobile Phone Jammers are illegal to install under US Code and FCC regulations. In the event of an emergency and the phones don't work do to you installation of the jammers you are liable.

Don't install them

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Ken;

    The transmission of any radio frequency is REGULATED by the FCC who maintains sole control over who may transmit and on what frequency.  

Cell phone jammers are TRANSMITTERS that transmit a carrier (signal) on the spectrum of the band that is being blocked. Thus blocking the cell signals from reaching cell phones with a more powerful signal.  

That is why police departments must get periodic license renewals for their RADAR as RF RADIOPOSITIONING DEVICES.

 ((Which incidentally if you are ticketed for speeding/RADAR  you have the right to request the license for the radar unit by serial number. Most police departments comply because of computer tickler files, but pre 1990's the best defense in court was to request the license, test and trouble logs.))

There was a company in New York selling these devices however they are no longer legal for sale in the US and they have since stopped.  If you really want to get one they are available on the international market but NOT LEGAL FOR USE without a license.

Joel Kent

FBN Security Co LLC

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 Clipped from

http://www.ehow.com/list_5790270_cell-phone-jammer-regulations.html

·  Even though it is commonly believed that cell phone frequency jamming technology is illegal in the United States, there exists no federal statues or regulations that specifically addresses the issue. However, the Federal Communications Commission (FCC) and the Department of State (DOS) use a few federal statutes, and regulations based on international treaties, to enforce a ban on behalf of the International Telecommunications Union (ITU), a specialized agency of the United Nations (UN).

Title 47 USC § 333

·  § 333 (Willful or malicious interference)

"No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government."

 

The FCC has the authority to enforce this federal statute pursuant to Title 47 CFR §§ 97 (Amateur Radio Service) & 80 (Stations in the Maritime Services); the Agreement Between the United States of America and Canada for the Promotion of Safety on the Great Lakes by Means of Radio; and the International Convention for Safety of Life at Sea, 1974.

Title 47 USC § 302a(a)(1)

 

·  § 302a(a)(1) (Devices which interfere with radio reception; Regulations)

 

"The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications."

 

The FCC has the authority to enforce this federal statute pursuant to Title 47 CFR §§ 76 (Multichannel Video and Cable Television Service), 15 (Radio Frequency Devices) & 2 (Frequency Allocations and Radio Treaty Matters; General Rules and Regulations); and ITU Radio Regulations.

FCC Wireless Telecommunications Bureau

 

·  On January 2, 2009, the Wireless Telecommunications Bureau of the FCC issued a Special Temporary Authorization pursuant to Title 47 CFR §§ 0.331 (Authority delegated) & 0.131 (Functions of the Bureau) which is believed to have given the Department of Corrections of the District of Columbia permission to use cell phone frequency jamming technology.

Department of State

·  The U.S. Department of State also enforces the ban on cell phone frequency technology pursuant to Title 22 CFR, Subchapter M (International Traffic in Arms Regulations).

Read more: Cell Phone Jammer Regulations | eHow.com http://www.ehow.com/list_5790270_cell-phone-jammer-regulations.html#ixzz0qYAegKuV

 Jerry Xen Szyce

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Hey Ken,

    On Jammer signals, It is against FCC ie federal law to jam any signal unless you are the goverment :-). 

Communications Act of 1934

2.The Communications Act passed in 1934 officially outlawed the blocking of any radio signals of any authorized users. In order to be violating the law, the person or entity blocking radio signals needs to be doing so "willfully or maliciously," according to the FCC's website. Cell phone signals fall under the classification of radio signals, according to the FCC, and thus are protected by this act.

Jamming Devices

3.The FCC has rules on advertising, selling and using cell phone jamming devices. Again, in accordance with the Communications Act of 1934, the FCC has clarified that advertising, selling, or using any device that is manufactured to block or disrupt a cell phone's signal is against U.S. federal law. Not complying with the law opens a person or entity up to monetary fines or even prosecution and imprisonment.

Enforcement

4.The United States Marshals is responsible for enforcing the Communications Act of 1934. The Marshals have the right to seize any cell phone jamming devices, which then become the property of the United States government. A first-time offender who has been marketing, selling or using a cell phone jamming device can be fined up to $11,000 per day for each violation in addition to the possibility of being tried criminally by the United States government.

Thanks,

Gerald

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Ken, 

    I had the question regarding jamming posed to me by a church some time ago.

Here is what the FCC has to say about it. Hope this helps

Best regards,

Skeet Coker

Corporate Sales Manager

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Hi Ken: 

    Regarding the recent question about using cellular jammers in the US, I am not 100% positive, but I believe the use of anything sending a jamming signal over cellular frequencies in the US is illegal.  Those frequencies are protected and controlled by the FCC.  Cellular carrier spend billions each year to lease, operate and improve their networks and I do not believe anyone else is permitted to transmit over them for any reason.

Steve B.

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Ken:  

    Regarding Cell Phone Jammers:

These are transmitters that ‘jam’ a certain set of frequencies (ie; what the cell phones utilize) and as such, from my understanding, come under FCC regulations. You might contact the local FCC office and query them as to the ability to utilize such a non-licensed device. Might find out it could be a federal offence!

*PS: This is why we don’t utilize cell phone alarm units and utilize LONG RANGE RADIO (from KP or AES)

Joseph Pfefer

President

Jade Alarm Co.

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Ken: 

    Under current Federal law, intentional interference with communications is a crime, except in VERY narrow circumstances reserved to the Federal Government. (Communications Act of 1934, as amended by the Telecom Act of 1996.) 

While jamming devices are available in the market, they are ALL illegal in this country, and their sale, use or possession is a Federal crime.

    These devices emit radio noise over a broad spectrum, and don't just jam cellphones, but they also interfere with many public safety (read: Police and Fire) communications systems.

    The regulation of these devices is a Federal matter, and while there has been some discussion and limited testing of their deployment in penal institutions, their deployment in public settings would be destructive and hazardous.

Here's the text from the FCC web site on jammers:

 

(http://wireless.fcc.gov/services/index.htm?job=operations_2&id=cellular>

 

"The operation of transmitters designed to jam or block wireless

communications is a violation of the Communications Act of 1934, as

amended ("Act"). See 47 U.S.C. Sections 301, 302a, 333. The Act

prohibits any person from willfully or maliciously interfering with the

radio communications of any station licensed or authorized under the Act

or operated by the U.S. government. 47 U.S.C. Section 333. The

manufacture, importation, sale or offer for sale, including advertising,

of devices designed to block or jam wireless transmissions is

prohibited. 47 U.S.C. Section 302a(b). Parties in violation of these

provisions may be subject to the penalties set out in 47 U.S.C. Sections

501-510. Fines for a first offense can range as high as $11,000 for each

violation or imprisonment for up to one year, and the device used may

also be seized and forfeited to the U.S. government."

Timothy V. Peters

President/CEO

Tech/Knowledge, Inc.

Telecommunications, Information Technology and Security Consultants

Pasadena, CA

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