Worldwide DX Amateur Radio Forums - Ham - CB - HF - VHF - UHF

2008 CFR Title 47, Volume 5

Here is your "Authorization" to use the "citizens Band".

Good read if you have a few minutes to waste.

Spells out the FCC's position.

Start with 95.401.

__________________
Radio. The Original Wireless Communication.

Excellence is Expected.
Perfection will be Tolerated.

We must all Agree to Disagree Agreeably.

Black Dog 151, North Alabama.

http://s236.photobucket.com/albums/f...RO151%20Shack/

Can't believe this is even being discussed.

47 CFR 95.404. "You do not need an individual license to operate a CB station."

See also: FCC: Wireless Services: Citizens Band: CB Home
Citizens Band (CB)


Citizens Band (CB) Radio Service is a private two-way voice communication service for use in personal and business activities of the general public. Its communications range is from one to five miles.

Licensing


License documents are neither needed nor issued and there are no age or citizenship requirements. As long as you use only an unmodified FCC certificated CB unit, you are provided authority to operate a CB unit in places where the FCC regulates radio communications.

Go read the rules! They allude to it in their "civilian" interpretation of Part 95. You might not think so, but we all are still "licensees" under Part 95, just as hams are "licensees" under Part 97. I didn't just make this up. Why don't you call them and tell them you aren't subject to Part 95. See how well that goes!

IF we weren't "licensees" then we could tell FCC to take a flying leap; we aren't subject to Part 95! Last I heard, they're popping CBers right and left down in Florida right now, some of them who must've felt they "weren't licensees"!

You are not using licensee in the same manner I am. Under the rules, if you are not a "licensee" you must be issued a formal citation before you can be fined unless you are engaged in an activity which requires a license and you don't have one. If you are a licensee and engage in conduct in violation of your license terms, you can be fined without being issued a citation. If everyone using a CB was a "licensee" as you seem to believe, then there would never be the need to issue a citation. The FCC could just issue a fine. However there are court decisions striking down FCC fines to CB dealers because no citation was issued first.

My interpretation is that the first time you power your "bone stock 4 watt" radio up and key the mic, you just agreed to abide by the rules.

Now when you get caught running 4.5 to 5KW get yourself a good lawyer and you can get out of it. Maybe not completely every time, but most of the time.

Me, I never exceed 4W.

__________________
Radio. The Original Wireless Communication.

Excellence is Expected.
Perfection will be Tolerated.

We must all Agree to Disagree Agreeably.

Black Dog 151, North Alabama.

http://s236.photobucket.com/albums/f...RO151%20Shack/

You are correct in that you agree to abide by the FCC rules when you use any equipment that is subject to FCC jurisdiction. However, that does make you a licensee. The distinction is critical, since if you are a licensee and break the rules you can be subect to immediate fine. If you are not a licensee and are not engaging in conduct that requires a license, you have to be given a citation before you can be fined. FCC ignores that rule of theirs sometimes. When it does, the fine is set aside by the courts.

Shioda is right on the money on this issue. The "licensing" thing doesn't just apply to the FCC, but any government agency/body that is authorized to create rules, laws, or penal codes. Don't forget, in the U.S., it is perfectly legal to do "anything" without license unless there is a law or penal code that says either you can't or you need a license to do so. All that section in part 95 is doing is clarifying which types of radio services or activities you need a license for and which ones you don't. You are still bound by the guidelines outlined by the governing body (FCC in this case), but you don't need a license and as such can never be called a "licensee".

Just because you don't need a license does not mean you don't have to follow the guidelines, however. It's just like walking down the street. You don't need a license to do it, but if you jaywalk you can get a ticket. Same thing.

Maybe this CB shop has a general radiotelephone license on file which would explain why the FCC used the term "licensee". Or maybe the FCC guy that issued the NOV was just too lazy to look up a different term to use.

This is where I found an example of individual "licensee".

Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Jean White ) File No. EB-09-DV-0027 Licensee of Citizens Band Radio Service Station ) Rapid City, South Dakota ) NOV No. V200932800006 ) ) ) ) NOTICE OF VIOLATION Released: July 31, 2009 By the District Director, Denver Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Jean White, licensee of a Citizens Band ("CB") Radio Service station in Rapid City, South Dakota. 2. On May 19, 2009, agents of the Enforcement Bureau's Denver Office monitored communications from and inspected Jean White's CB radio station located within her vehicle at the mall parking lot near Exit 59 of Interstate 90, in Rapid City, South Dakota, and found the following violation: a. 47 C.F.R. S: 95.413 (CB Rule 13): "What communications are prohibited? (a) You must not use a CB station... (5) To advertise or solicit the sale of any goods or services..." At the time of the inspection, agents from this office determined that Jean White was using a CB station to advertise services and merchandise for sale on CB channel 19. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Jean White, must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by Jean White. All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address: Federal Communications Commission Denver District Office 215 S. Wadsworth Blvd, Suite 303 Lakewood, CO 80226 4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to Jean White at her address of record. 5. The Privacy Act of 1974 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code. FEDERAL COMMUNICATIONS COMMISSION Nikki P. Shears District Director Denver District Office Western Region Enforcement Bureau 47 C.F.R. S: 1.89. 47 U.S.C. S: 403. P.L. 93-579, 5 U.S.C. S: 552a(e)(3). 18 U.S.C. S: 1001 et seq.

.