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CB Operators and others Get FCC Warnings

Discussion in 'FCC Activity' started by C W Morse, May 21, 2009.

  1. C W Morse

    C W Morse Active Member

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    With the retirement of Riley Hollingsworth, there was a lapse in enforcement of CB-type complaints.
    Hams were wondering if his replacement was just a pencil-pusher and a chair-warmer. However, this seems not to be the case. It seems that she is prepared to follow up on the complaints of amateurs who find CB operators either ON 10 Meters, OR operating over-powered equipment that is splattering onto 10 and 12 Meters. These actions can be found at www.fcc.gov/eb . There is also a case of a licensed ham who was operating a Marine Radio without license. Stiff fine--which is
    appropriate because Marine Radio is NOT a toy and it is there to protect boats on the seas. There may be more, but 4 is enough for now. IF you wanna read these and others, just follow the link. Fines for these operators may follow!

    73
    CWM





    VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
    March 25, 2009
    Mr. Danny E. Wood
    Dayton, OH
    RE: WARNING FOR UNLICENSED RADIO OPERATION
    EB-09-GB-0020
    Dear Mr. Wood:
    It has come to the attention of the Federal Communications Commission that
    at various times in the last several months you have operated overpowered
    transmitting equipment on 11 meters that has interfered with
    communications in the 10 meter band, for which a license is required.
    The Commission's rules require that you operate your CB station with an
    FCC certified CB transmitter. The rules also prohibit the use of external
    radiofrequency power amplifiers (sometimes called linears or linear
    amplifiers). The rules further provide that use of a non-certified CB
    transmitter and/or a power amplifier voids your authority to operate the
    station."
    Operation of radio transmitting equipment without a valid FCC
    authorization is a violation of Section 301 of the Communications Act of
    1934, as amended, and may subject the responsible parties to substantial
    monetary forfeitures, in rem arrest action against the offending radio
    equipment, and criminal sanctions including imprisonment. Because
    unlicensed operation creates a danger of interference to important radio
    communications services and may subject the operator to severe penalties,
    this warning emphasizes the importance of complying strictly with these
    legal requirements.
    UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
    You have ten (10) days from the date of receipt of this warning to respond
    to this office. The response must contain a statement of the specific
    action(s) taken to bring your CB station into compliance with the
    Commission's rules and should include a time line for completion of
    pending corrective action(s). You are directed to support your response
    with a signed and dated affidavit or declaration under penalty of perjury,
    verifying the truth and accuracy of the information submitted in your
    response. Your response should be sent to the address in the letterhead
    and reference the listed case number.
    In an inquiry of this type we are required to notify you that under the
    Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
    use all relevant information before it, including information you disclose
    in your reply, to determine what, if any, enforcement action is warranted
    in this matter.
    You may contact me at 717-338-2577 should you wish to discuss this matter.
    Sincerely,
    Laura L. Smith
    Special Counsel
    Cc: Detriot Field Office
    Northeast Regional Director
    47 C.F.R. S: 95.409(a).
    47 C.F.R. S: 95.411(a)(1).
    See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
    47 U.S.C. S: 301.
    Fines normally range from $7,500 to $10,000.
    See S:S: 401, 501, 503, 510.
    ********************************************************************************************

    VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
    March 23, 2009
    William Forster
    Weymouth, MA
    RE: WARNING FOR UNLICENSED RADIO OPERATION
    EB-09-GB-0019
    Dear Mr. Forster:
    It has come to the attention of the Federal Communications Commission that
    at various times in the last several months you have operated overpowered
    transmitting equipment on 11 meters that has interfered with
    communications in the 10 meter band, for which a license is required.
    The Commission's rules require that you operate your CB station with an
    FCC certified CB transmitter. The rules also prohibit the use of external
    radiofrequency power amplifiers (sometimes called linears or linear
    amplifiers). The rules further provide that use of a non-certified CB
    transmitter and/or a power amplifier voids your authority to operate the
    station."
    Operation of radio transmitting equipment without a valid FCC
    authorization is a violation of Section 301 of the Communications Act of
    1934, as amended, and may subject the responsible parties to substantial
    monetary forfeitures, in rem arrest action against the offending radio
    equipment, and criminal sanctions including imprisonment. Because
    unlicensed operation creates a danger of interference to important radio
    communications services and may subject the operator to severe penalties,
    this warning emphasizes the importance of complying strictly with these
    legal requirements.
    UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
    You have ten (10) days from the date of receipt of this warning to respond
    to this office. The response must contain a statement of the specific
    action(s) taken to bring your CB station into compliance with the
    Commission's rules and should include a time line for completion of
    pending corrective action(s). You are directed to support your response
    with a signed and dated affidavit or declaration under penalty of perjury,
    verifying the truth and accuracy of the information submitted in your
    response. Your response should be sent to the address in the letterhead
    and reference the listed case number.
    In an inquiry of this type we are required to notify you that under the
    Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
    use all relevant information before it, including information you disclose
    in your reply, to determine what, if any, enforcement action is warranted
    in this matter.
    You may contact me at 717-338-2577 should you wish to discuss this matter.
    Sincerely,
    Laura L. Smith
    Special Counsel
    Cc: Boston Field Office
    Northeast Regional Director
    47 C.F.R. S: 95.409(a).
    47 C.F.R. S: 95.411(a)(1).
    See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
    47 U.S.C. S: 301.
    Fines normally range from $7,500 to $10,000.
    See S:S: 401, 501, 503, 510.
    ********************************************************************************************



    VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
    March 25, 2009
    Mr. Darrell Buck
    Dayton, OH
    RE: WARNING FOR UNLICENSED RADIO OPERATION
    EB-09-GB-0021
    Dear Mr. Buck:
    It has come to the attention of the Federal Communications Commission that
    at various times in the last several months you have operated overpowered
    transmitting equipment on 11 meters that has interfered with
    communications in the 10 meter band, for which a license is required.
    The Commission's rules require that you operate your CB station with an
    FCC certified CB transmitter. The rules also prohibit the use of external
    radiofrequency power amplifiers (sometimes called linears or linear
    amplifiers). The rules further provide that use of a non-certified CB
    transmitter and/or a power amplifier voids your authority to operate the
    station."
    Operation of radio transmitting equipment without a valid FCC
    authorization is a violation of Section 301 of the Communications Act of
    1934, as amended, and may subject the responsible parties to substantial
    monetary forfeitures, in rem arrest action against the offending radio
    equipment, and criminal sanctions including imprisonment. Because
    unlicensed operation creates a danger of interference to important radio
    communications services and may subject the operator to severe penalties,
    this warning emphasizes the importance of complying strictly with these
    legal requirements.
    UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
    You have ten (10) days from the date of receipt of this warning to respond
    to this office. The response must contain a statement of the specific
    action(s) taken to bring your CB station into compliance with the
    Commission's rules and should include a time line for completion of
    pending corrective action(s). You are directed to support your response
    with a signed and dated affidavit or declaration under penalty of perjury,
    verifying the truth and accuracy of the information submitted in your
    response. Your response should be sent to the address in the letterhead
    and reference the listed case number.
    In an inquiry of this type we are required to notify you that under the
    Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
    use all relevant information before it, including information you disclose
    in your reply, to determine what, if any, enforcement action is warranted
    in this matter.
    You may contact me at 717-338-2577 should you wish to discuss this matter.
    Sincerely,
    Laura L. Smith
    Special Counsel
    Cc: Detriot Field Office
    Northeast Regional Director
    47 C.F.R. S: 95.409(a).
    47 C.F.R. S: 95.411(a)(1).
    See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
    47 U.S.C. S: 301.
    Fines normally range from $7,500 to $10,000.
    See S:S: 401, 501, 503, 510.
    ********************************************************************************************

    VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
    March 25, 2009
    Mr. John Fickert
    Dayton, OH
    RE: WARNING FOR UNLICENSED RADIO OPERATION
    EB-09-GB-0022
    Dear Mr. Fickert:
    It has come to the attention of the Federal Communications Commission that
    at various times in the last several months you have operated overpowered
    transmitting equipment on 11 meters that has interfered with
    communications in the 10 meter band, for which a license is required.
    The Commission's rules require that you operate your CB station with an
    FCC certified CB transmitter. The rules also prohibit the use of external
    radiofrequency power amplifiers (sometimes called linears or linear
    amplifiers). The rules further provide that use of a non-certified CB
    transmitter and/or a power amplifier voids your authority to operate the
    station."
    Operation of radio transmitting equipment without a valid FCC
    authorization is a violation of Section 301 of the Communications Act of
    1934, as amended, and may subject the responsible parties to substantial
    monetary forfeitures, in rem arrest action against the offending radio
    equipment, and criminal sanctions including imprisonment. Because
    unlicensed operation creates a danger of interference to important radio
    communications services and may subject the operator to severe penalties,
    this warning emphasizes the importance of complying strictly with these
    legal requirements.
    UNAUTHORIZED OPERATION OF THIS RADIO STATIONS MUST CEASE IMMEDIATELY.
    You have ten (10) days from the date of receipt of this warning to respond
    to this office. The response must contain a statement of the specific
    action(s) taken to bring your CB station into compliance with the
    Commission's rules and should include a time line for completion of
    pending corrective action(s). You are directed to support your response
    with a signed and dated affidavit or declaration under penalty of perjury,
    verifying the truth and accuracy of the information submitted in your
    response. Your response should be sent to the address in the letterhead
    and reference the listed case number.
    In an inquiry of this type we are required to notify you that under the
    Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
    use all relevant information before it, including information you disclose
    in your reply, to determine what, if any, enforcement action is warranted
    in this matter.
    You may contact me at 717-338-2577 should you wish to discuss this matter.
    Sincerely,
    Laura L. Smith
    Special Counsel
    Cc: Detriot Field Office
    Northeast Regional Director
    47 C.F.R. S: 95.409(a).
    47 C.F.R. S: 95.411(a)(1).
    See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
    47 U.S.C. S: 301.
    Fines normally range from $7,500 to $10,000.
    See S:S: 401, 501, 503, 510.


    #1
    1 person likes this.

  2. Cat Driver

    Cat Driver Active Member

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    The better than thou hams go out of their way to turn in cb'ers whether they are bothering them or not. IMO, they are a bunch of crybaby CS's that just can't stand cb'ers.
    Look at the qrz forum an read all the posts about turning in guys on ebay for selling a linear. I bet the cowards wouldn't say that to most cb'ers face.

    I have a ham license an I won't even use it anymore because of all the CS ham operators I have run across. Biggest waste of money I have ever spent. I'd put my call sign here, but I'd bet some CS ham operator would turn ME in then............


    Ron
    #2
  3. Moleculo

    Moleculo Administrator Staff Member

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    If they're really splattering all the way into 10 meters, they're just asking for trouble. Last week a truck went by that was splattering on all 40 channels while I was on my way to work. I know...I spun the knob around to find him. I don't even want to think about how much further out of band that guy was splattering...it was horrible. That's the type of operating behaviour that will get you nailed.

    FWIW, I've heard Ham operators that are are waaay too wide on 75m ssb and are bleeding right into our MARS net just above the 75m ham band. Fortunately with ham rigs you can use your filters, passband, etc. to filter them out. But they're just as guilty as the splattering CBer.
    #3
  4. WX2MIG

    WX2MIG Still Alive & Well

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    Cat Driver....

    What you say is true to a somewhat limited extent. The house that ham's live in is certainly not clean, some violate every rule in the book, and others are, as I like to call them...."Armchair Radio Lawyers"....who think they are God's gift to the radio hobbies who have some great enforcement authority.

    However most hams are regular down to earth people, most got their start on CB, and many (my self included) got away from CB because of the out of control behavior and gross violations that frequent that band.

    All one needs to do is look through some of the CB chat forums on the internet and see the photo's and all the bragging over who has the mobile amp with the most "pills" in it, or who keyed down on who for a half hour.
    It is what it is, you got people that make the rest of you look bad, just as ham's have people that make us look bad.....it's a two way street......

    as for someone that gets nailed for using a VHF Marine radio without a license, how can you fine an unlicensed operator of a radio that no longer requires a license......???
    The only time the FCC will go after anyone on the VHF Marine band is if that operator was transmitting false distress calls, interfering with Coast Guard communications, or for long term continued use for land based personal or business communications.
    #4
  5. Moleculo

    Moleculo Administrator Staff Member

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    If they're operating it as a shore station without a license. You still need one for that.
    #5
  6. C W Morse

    C W Morse Active Member

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    By the same token, how do you "fine" a CB operator who technically doesn't have a "license"? It is an unspoken rule: by operating your CB station (or Marine Band radio) you are agreeing to operate the station according to the rules that apply. After all, you do not HAVE to operate a station. So that's how they can get violators. They would, of course, have to commit some infraction to cause the Feds to come after them.


    73

    CWM
    #6
  7. W5LZ

    W5LZ Crotchety Old Bastard

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    All it amounts to is that if you do something wrong and get caught, then you ought to expect there to be some penalty and you should expect to pay that penalty. Is there something 'not right' about that?
    It's been my experience that the 'first time' is very seldom ever a huge penalty unless there's some serious extenuating circumstances.
    If I'm doing something wrong, tell me that I am. In all likelihood, it'll be corrected, if it's a legitimate complaint. You might have to show me it's legitimate, which isn't unreasonable, but if you do that, you can expect my behavior to change. I figure that's about as normal as you can get. I also know that isn't always what happens. Like the ol'guy with the bird said, "If you can't do the time, don't do the crime.".
    - 'Doc

    Would you like some nice cheese with that whine, sir?
    #7
  8. loosecannon

    loosecannon break on through

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    im curious as to what sort of criteria the FCC requires from the plaintiff in order to send out one of those letters.
    anyone?

    say im a ham op that keeps hearing interference on my 10 meter net, and i presume its my neighbor with an antron 99 on his roof.

    what "proof" do i have to acquire to get the FCC to act?

    some other questions:

    if its the neighbor kids RC cars that are causing the interference; will the FCC come and take them away from the kids?

    if i am a ham op that lives right next door to a cb'er, and i cant tell whether the interference is due to harmonic radiation from an illegal station, or from front end overload from a completely legal station that just happens to be 10 feet from my antenna; can i still file a complaint with the FCC or do i have to have some sort of proof that the CB station is actually operating illegally?

    thanks for any insight,
    LC
    #8
  9. Cajun Invader

    Cajun Invader Membership Moderator

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    That's a great point. (y)
    #9
  10. HomerBB

    HomerBB Well-Known Member

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    hmmm.
    now i'm confused. don't know whether to hate hams, or cb'ers, or both. maybe i'll keep it fair and like them all one day, and the next day hate them all. and then back this way, then that way....

    I think I'll just tinker with my antenners an' fool with my radios and hope nobody notices how much fun I'm havin'

    Oh, phooey! tomorrow is hate everybody day.....
    #10
  11. Moleculo

    Moleculo Administrator Staff Member

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    Often they will send an "official observer" to direction find the source of the interference and report back or send an actual FCC unit to locate and monitor the station causing it. If you see a non-descript van with antennas parked on your street...

    Letters aren't just sent based on hear-say
    #11
  12. Sonwatcher

    Sonwatcher Administrator

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    There was a post on Zed yesterday that I think was pulled but there were some good points. A fairly new Ham was complaining that the old timers look down upon him because he was a no-code Ham . It was observed that his conclusion wasn't based on anything that happened on the radio but from reading comments on the forum. A wise person told him that if you are basing your conclusion on what you read on the ZED throw it out as the ZED is not Ham radio. False pictures of Hams come about because of the running of the mouth by a select minority on the forum. It no way portrays how people will mostly treat you on the air. I think that is something people need to remember and realize . Even some of those Ham ops on Ham forums become CB Rambos when hiding behind a keyboard . When I became a member of the local Amateur club I told them I was a new Ham and have talked a lot on CB but Amateur radio was new for me. They never said one negative thing. They were excited that I was going to be excited making contacts around the world. I kept my mouth shut and never mentioned that I had talked all over the world on CB and probably made some contacts they would drool over. It was all good. I quit freebanding and am enjoying myself with several Ham bands that put me in contact with very neat qso's around the globe with ease . So take what you read on the internet with a grain of salt as they don't reflect the very large majority of Ham operators .
    #12
  13. kd3yt

    kd3yt Member

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    Sonwatcher,

    You beat me too it. You can't go by what a handful of people say on the internet, compared to the thousands of respectful operators who are more than willing to elmer new people in the hobby. In my 45 years in the radio hobbies as both a ham and cb operator, I have only run into a few operators who were "holier than thou". You usually did not hear them for very long before the faded from the scene.

    Fellas and gals - enjoy whichever hobby you are in -- cb or ham -- and don't pay attention to the few who are "holier than thou"
    #13
  14. Peddler

    Peddler SWR (sandwich with rum) Expert

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    The "holier than thou hamers" are hard to ignore...they are like a boil on your butt.
    #14
  15. Sonwatcher

    Sonwatcher Administrator

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    Nothing like a good word picture ! LOL !
    #15


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