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Cell Phone Calling Regulations [Add Comment] [View Comments] [Articles Home] [Go Back]


Along with every new invention come rules and regulations that have to be put into place in order to prevent abuse and to protect the rights of the users and innocent by-standers. Cell phones are no different and as time goes on, more abuses are becoming significant. As with the telemarketers that found a new niche for their products and services, the National Do Not Call law had to be created and endorsed. But telemarketers are not the only ones abusing cell phones and their intended purpose of easier communication.
Parents were the first the hand over cell phones to their kids, thinking that this would give them a great way to track their moves when not at home. Before long, cell phones became the norm among kids as young as six years old and where there are kids with a new toy, comes trouble. Cell phones are small enough to keep tucked in a pocket and within easy reach. They can also store an amazingly large amount of data that could be used, well, for cheating on school tests.
Because schools were having a difficult time catching students that were cheating on tests with cell phones and contacting other students for answers, Congress passed the Cell Phone Education Regulation Act (CPERA) as a way to help out school administers in adequately teaching children. Enforcement officers such as teachers and aides can now search a student, their lockers, desks and backpacks if they believe that a cell phone is being hidden for malicious purposes. They also have the right to either return the phone after the end of the school day or keep it permanently.
While this seemed like the answer to control students that abused their ownership of cell phones in school, courts found this measure to be in violation of a student's rights to have their own property. Furthermore, searches and seizure of such property was a violation of student's rights. While this first attempt of regulating cell phones of students failed, it has laid the groundwork for other such laws. Parents could contribute by checking their kids' phone for information or phone numbers that are not clearly marked. Using reverse phone lookup can easily provide the information on incoming or outgoing calls that parents are paying for.
If you have ever heard rumors that cell phones can be hazardous to your health because of the emission of radiation, the FDA shares the responsibility with the FCC for certifying wireless devices. The FCC has guidelines on RF exposure and also all of the cell phone base stations. If a problem does occur with a particular make or model of cell phone, the FDA has the authority to require cell phone manufacturers to notify users of a potential health hazard. The company would then be ordered to replace or recall such phones. The FCC monitors the amount of radiation that emits from phone towers so that there is never above 580 microwatts per square centimeter from towers on the ground.
The most recent laws that have been adopted by many states are the restriction of cell phone use while driving. Cell phones are increasingly becoming the top reason for auto accidents in the United States today. The lack of attention needed while operating a vehicle is becoming a very serious problem that individual states are taking action on. Unfortunately, it is difficult to prove that someone was actually using a cell phone and caused an accident unless a warrant is granted to seize the phone and put it through a barrage of tests for times, numbers located through reverse phone lookup and listen to actual conversations. These measures are taken when the accident is serious enough but when stopped for swerving or running a stoplight, there is little a policeman can do.
There are laws in place for confiscating cell phones when a crime has been committed but the line is very thin when it comes to infringing on a cell phone user's rights and a minor offense. However, if you are arrested for a crime, know that your cell phone is fair game. A police officer does not have to just find out whom you have been contacting by using reverse phone lookup but can obtain a warrant for the communications that have taken place on your phone. Technology has advanced to the place where anything that is said on the open airwaves of a cell phone can be viewed and saved for the public to hear. Even if you have done nothing illegal, the person that you were communicating with through your cell phone, may have.
There is now a Senate Bill 1790 and House Bill 3331 being considered for passing that would raise wireless costs by implementing more regulations on your cell phone. This bill is being presented in an effort to control billing errors, disclosure information on prices and services and give the consumer more recourse over contracts, rising costs and cell phones that have dropped calls. Many cell phone users are unhappy about these latest bills, stating that the additional regulations will drive up the cost of cell phones and give the government more control over our rights. This could very well happen but considering the amount of people that now have cell phones, the problems arising and continued technology, regulations have to be in place in order to protect the public as a whole from those that do not properly follow rules or use common sense.
*This is not intended to be a thorough explanation of the law, nor does it attempt to offer legal advice. If you intend to make full use of this law, you should first consult an attorney. However you choose to use this information is with your full responsibility and at your own risk.
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  1. Comment AvatarArticle Comment by: Jermajesty:
    This makes everything so copmlteely painless.
  2. Comment AvatarArticle Comment by: Matt:
    Good article, cell phones laws are very strict!