(They keep telling me FCC ain't got time to mess with CBers)
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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48375
April 2, 2008
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
William VanTiem
Lexington, MI

NOTICE OF UNLICENSED OPERATION

Case Number: EB-08-DT-0055 Document Number: W200832360010

The Detroit Office received information that your Citizens Band ("CB") Radio Service station was being operated illegally and causing interference in Lexington, Michigan.

On March 26, 2008 agents from this office attempted to inspect your CB station but you weren't available. In a subsequent telephone call on March 28, 2008 with one of the agents, you admitted using a 350 watt CB linear amplifier. Section 95.411(a)(1) prohibits the use of external radio frequency power amplifiers (sometimes called linears or linear amplifiers). 47 C.F.R. S: 95.411(a)(1). Section 95.411(b) of the Rules provides that "use of a power amplifier voids your authority to operate the station." 47 C.F.R. S: 95.411(b). By using a CB linear amplifier, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.

You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and 510).

UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY.

You have ten (10) days from the date of this notice to respond regarding the operation of your CB station. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions.

James A. Bridgewater, District Director
Detroit Office

Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003



CWM

DOH!!!!


Kind of says it all huh?

73
Jeff

__________________
Radio-active

NASA/SOHO

" UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY "

...just get a license. even a tech license will allow you to operate up to 1500 watts on certain frequencies. and the FCC is helping by posting in caps what you need to do. GET A LICENSE !!!

__________________
RCI-2950
AR-3500
148GTL-DX
TRC-458
Robyn SB520-D
29LTD Classic
Nitro 300
Astroplane

"I'll do the thinnin' around here Baba Looey"

" would you like some more beans Mr. Taggert"??? NO !!!,, I'd say you've already had enough "

WRONG. It is CB radio they are talking about not ham radio. It looks as if there was a typo in that anyway. Since when did CB have to be licensed anyway? My guess is that it should have read "IMPROPER OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY "

There is no "typo". A CB station is "licensed" by proxy so long as he follows the rules of Part 95. The moment a CB op violates a rule, he is not operating "UN-licensed", and that is what FCC is talking about.

If you read Part 95, you will find that it says that (*paraphrased) "by operation your CB station, you agree to follow ALL the rules, etc" and the moment you key the mike, you are "licensed" and subject to those rules. Another way to put it is, a CB station is under "blanket" authority of FCC, but is STILL subject to the rules same as if the station had a paper hanging on the wall!

CWM

See CW, that is where the confusion comes from. Why can't they just state in plain english instead of all the running around the bush with this "automatically licensed" BS. INO if you don't hold a piece of paper authorizing something you do not hold a license. I DO however understand what you are saying.

WHY? Because the USER is responsible to READ Part 95 that states all the requirements for operating a CB station. Same as "I didn't READ the sign that said it was 25 MPH". Your ticket will still remain valid for driving 40, etc!

How many people NEVER even SEE Part 95? They just go out to Joe's CB Shop, grab up whatever the guy can convince them to buy, then slap it in and go to town! They rely on MYTH, CB legend and hearsay for their "rules"! Truth is, they don't WANT to know the truth; they are afraid of it! Instead we try to wriggle out of the rules, argue til we're blue in the face about how 'unfair' everything is, and won't even READ the rules to start with!

73

CWM

Ok fair enough. But does this type of stuff happen only to CBERS? If not? why the constant attack with smileys. If you like to report on dirty radio operators why not report on the hams too? we are not imune from being butt holes too.

Go to the FCC website. They list all warnings, violations and citations. Most are geared toward commercial businesses. There are a lot of unlicensed FM radio stations also. The kind that can be received on you car radio. In fact, Cb's seem to be a definite minority. All seem to be from people complaining first. If the FCC really wanted to crack down on Cb's all they would have to do is start showing up at these key down competitions. The word would get out real quickly. My humble $.02

http://www.fcc.gov/eb/Orders/

Good wording. "IF" they wanted too. They could do a lot IF they wanted too. But I guess they don't want too. So a couple of big busts to keep hams like CW happy and give his ilk something to crow about. But mostly business as usual.