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Pilot Travel Centers Settles Forfeiture Order

Discussion in 'FCC Activity' started by C W Morse, May 12, 2006.

  1. C W Morse

    C W Morse Active Member

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    According to FCC's website, Pilot Travel Centers has settled its $125,000 Forfeiture Order for $90,000! :D



    Before the

    Federal Communications Commission

    Washington, D.C. 20554


    )

    )
    In the Matter of File No. EB-03-DL-099
    )
    Pilot Travel Centers LLC NAL/Acct. No. 200532500001
    )
    Knoxville, Tennessee FRN # 0006096010
    )

    )


    ORDER

    Adopted: May 1, 2006 Released: May 11, 2006

    By the Commission:



    1. In this Order, we adopt the attached Consent Decree entered into
    between the Commission and Pilot Travel Centers LLC ("Pilot"). The
    Consent Decree terminates the forfeiture proceeding initiated by the
    Commission against Pilot for its apparent violation of Section 302(b)
    of the Communications Act of 1934, as amended ("Act"), and Section
    2.803(a)(1) of the Commission's Rules ("Rules") by offering for sale
    radio frequency devices without the required Commission equipment
    authorization.

    2. The Commission and Pilot have negotiated the terms of a Consent Decree
    that would resolve this matter and terminate the forfeiture
    proceeding. A copy of the Consent Decree is attached hereto and
    incorporated by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
    facts before us, we find that the public interest would be served by
    approving the Consent Decree and terminating the forfeiture
    proceeding.

    4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
    of the Communications Act of 1934, as amended, the Consent Decree
    attached to this Order IS ADOPTED.

    5. IT IS FURTHER ORDERED that the Commission's forfeiture proceeding
    against Pilot IS TERMINATED.

    6. IT IS FURTHER ORDERED that Pilot Travel Centers LLC shall make its
    voluntary contribution to the United States Treasury, as specified in
    the Consent Decree, by mailing a check or similar instrument, payable
    to the order of the Federal Communications Commission, P.O.
    Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
    be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
    Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106. The payment, regardless of how sent, must include the
    NAL/Acct. No. and FRN No. referenced above.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
    shall be sent by first class mail and certified mail, return receipt
    requested, to counsel for Pilot, Wayne V. Black, Keller & Heckman,
    LLP, 1001 G Street, N.W., Washington, D.C. 20001 and Pilot at its
    address of record.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    Before the

    Federal Communications Commission

    Washington, D.C. 20554


    )

    )
    In the Matter of File No. EB-03-DL-099
    )
    Pilot Travel Centers LLC NAL/Acct. No. 200532500001
    )
    Knoxville, Tennessee FRN # 0006096010
    )

    )


    CONSENT DECREE

    The Federal Communications Commission ("Commission") and Pilot Travel
    Centers LLC, ("Pilot") hereby enter into this Consent Decree regarding
    possible violations of Section 302(b) of the Communications Act of 1934,
    as amended ("Act"), and Section 2.803(a)(1) of the Commission's Rules
    ("Rules") concerning Pilot's offering for sale certain radio frequency
    devices.

    Background

    1. Section 302 of the Act authorizes the Commission to make reasonable
    regulations, consistent with the public interest, governing the
    interference potential of equipment that emits radio frequency energy,
    and prohibits, inter alia, the offering for sale of radio frequency
    devices to the extent such activity does not comply with those
    regulations. The purpose of this section is to ensure that radio
    transmitters and other electronic devices meet certain standards to
    control interference before they reach the market.

    2. The Commission carries out its responsibilities under Section 302 in
    two ways. First, the Commission establishes technical regulations for
    transmitters and other equipment to minimize their potential for
    causing interference to radio services. Second, the Commission
    administers an equipment authorization program to ensure that
    equipment reaching the market complies with the technical
    requirements. The equipment authorization program requires that
    equipment be tested either by the manufacturer or at a private test
    laboratory to ensure that it complies with the technical requirements.
    For a large number of devices, including Citizens Band ("CB") radio
    transmitting equipment, equipment may not be marketed within the
    United States unless it has been tested and found to comply with
    Commission technical requirements, granted Commission Certification,
    and properly labeled. "Marketing" includes the sale or lease, offer
    for sale or lease (including advertising for sale or lease),
    importing, shipping, and/or distribution for the purpose of selling or
    leasing or offering for sale or lease.

    3. Unlike CB radio transmitting equipment, radio transmitting equipment
    that transmits solely on Amateur Radio Service ("ARS") frequencies is
    not subject to equipment authorization requirements prior to
    manufacture or marketing. However, some radio transmitters that
    transmit in a portion of the 10-meter band of the ARS (28.000 to
    29.700 MHz) are equipped with rotary, toggle, or pushbutton switches
    mounted externally on the unit, which allow operation in the CB bands
    after completion of minor and trivial internal modifications to the
    equipment. To address these radios, the Commission adopted changes to
    the CB type acceptance requirements by defining a "CB Transmitter" as
    "a transmitter that operates or is intended to operate at a station
    authorized in the CB."

    4. Despite these changes to the definition of a CB transmitter,
    Commission enforcement agents continued to encounter non-certified CB
    transmitters marketed as ARS transmitters. On May 13, 1996, the
    Commission's Office of Engineering and Technology ("OET") released a
    Public Notice "to clarify the Commission's Rules regarding equipment
    that is intended to operate in various radio services in the high
    frequency radio spectrum, including '10-Meter' Amateur Radio Service
    (ARS) equipment." The Notice stated that transmitters intended for
    operation on non-amateur frequencies must be approved prior to
    manufacture, importation or marketing. The Notice specifically
    included ARS transceivers designed "such that they can easily be
    modified by the users to extend the operating frequency range into the
    frequency bands" of the CB and other non-amateur radio services among
    those devices subject to equipment authorization procedures. The
    Notice also stated that the Commission considers these transceivers as
    intended to be operated on frequencies where the use of type accepted
    equipment is required "because of the simplicity of modifying them to
    extend their operating frequency range." The Commission's Office of
    General Counsel ("OGC") later released a letter on the importation and
    marketing of ARS transmitters, which clarified that such transmitters
    that "have a built-in capability to operate on CB frequencies and can
    easily be altered to activate that capability, such as by moving or
    removing a jumper plug or cutting a single wire" fall within the
    definition of "CB transmitter" under Section 95.603(c) of the Rules
    and therefore require certification prior to marketing or importation.

    5. As a result of agent inspections of Pilot retail stores from December
    2, 1999 to September 6, 2002, Enforcement Bureau Field Offices issued
    nine Citations to Pilot for marketing non-certified CB transmitters.
    Pilot's responses to the Citations essentially stated that the radios
    in question were marketed as amateur radios, operated on the 10-meter
    amateur band, and did not require certification. From December 11,
    2003 to July 3, 2004, Enforcement Bureau field agents observed Pilot
    offer for sale 13 non-certified CB transmitters. All of the devices in
    question that were offered for sale by Pilot were tested by the
    Commission and found to be non-certified CB transmitters.

    6. On November 22, 2004, the Commission released a Notice of Apparent
    Liability for Forfeiture ("NAL") to Pilot in the amount of $125,000
    for apparent willful and repeated violations of Section 302(b) of the
    Act and Section 2.803(a)(1) of the Rules. The Commission increased the
    proposed forfeiture above the base amount for the violations ($91,000)
    based on Pilot's pattern of apparent violations.

    Definitions

    7. For the purposes of this Consent Decree the following definitions shall
    apply:

    (a) "Commission" means the Federal Communications Commission;

    (b) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission;

    (c) "Pilot" means Pilot Travel Centers LLC;

    (d) "Parties" means Pilot and the Commission;

    (e) "Enforcement Proceeding" means the investigation of the alleged Rule
    violations by Pilot culminating in the Notice of Apparent Liability for
    Forfeiture;

    (f) Notice of Apparent Liability for Forfeiture or "NAL" means Pilot
    Travel Centers LLC, 19 FCC Rcd 23113 (2004);

    (g) "Adopting Order" means an order of the Commission adopting the terms
    and conditions of this Consent Decree, in the form attached hereto;

    (h) "Effective Date" means the date the Adopting Order is released by the
    Commission;

    (i) "Rules" means the Commission's Rules found in Title 47 of the Code of
    Federal Regulations;

    (j) "Act" means the Communications Act of 1934, as amended U.S.C. SS 151
    et seq.; and

    (k) "Compliance Plan" means the processes and procedures developed by
    Pilot in an effort to ensure compliance with the Communications Act and
    the Commission's Rules regarding the sale or offering for sale of radio
    frequency devices, as summarized in this Consent Decree.

    Terms of Settlement

    8. The Parties agree that the provisions of this Consent Decree shall be
    subject to final approval by the Commission by incorporation of such
    provisions by reference in the Adopting Order.

    9. The Parties agree that this consent Decree shall become binding on the
    Parties on the Effective Date. Pilot and the Commission represent and
    warrant that its signatory is duly authorized to enter into this Consent
    Decree on its behalf. Upon release, the Adopting Order and this Consent
    Decree shall have the same force and effect as any other final order of
    the Commission and any violation of the terms or conditions of this
    Consent Decree shall constitute a violation of a Commission order.

    10. Pilot acknowledges that the Commission has jurisdiction over the
    matters contained in this Consent Decree and the authority to enter into
    and adopt this Consent Decree.

    11. The Parties waive any rights they may have to seek administrative or
    judicial reconsideration, review, appeal or stay, or to otherwise
    challenge or contest the validity of this Consent Decree and the Adopting
    Order, provided that the Adopting Order adopts the Consent Decree without
    change, addition or modification.

    12. Pilot waives any rights it may have under any provision of the Equal
    Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.,
    relating to the matters discussed in this Consent Decree.

    13. The Parties agree that this Consent Decree does not constitute either
    an adjudication on the merits or a factual or legal finding or
    determination of any compliance or noncompliance with the Act or the
    Rules. The Parties further agree that this Consent Decree is for
    settlement purposes only and that by agreeing to the Consent Decree, Pilot
    does not admit or deny any liability for violating the Act or the Rules in
    connection with the matters that are the subject of this Consent Decree.

    14. In express reliance on the covenants and representations in this
    Consent Decree, the Commission agrees to terminate the Enforcement
    Proceeding.

    15. Pilot agrees that, as of the Effective Date of this Consent Decree:

    i. CB transmitters offered for sale or sold by Pilot will be FCC
    certified.

    ii. Prior to the sale or marketing of Amateur Radio Service transmitters,
    Pilot will ensure that the transmitters have been reviewed by the
    Technical Department Laboratory of the American Radio Relay League,
    Inc. ("ARRL") and found to transmit only in Amateur Radio Service
    bands.

    iii. It will remove all Galaxy Model Number DX33HML, DX66V or DX99V
    transceivers and any other Amateur Radio Service transmitters that
    have not been reviewed by the Technical Department Laboratory of the
    ARRL and found to transmit only in Amateur Radio Service bands from
    all retail areas of Pilot Travel Centers;

    iv. It will ensure that CB transmitters offered for sale or sold by
    entities leasing space on the premises of any Pilot owned or operated
    property are certified. It will ensure that all Amateur Radio Service
    transmitters offered for sale or sold by entities leasing space on the
    premises of any Pilot owned or operated property are reviewed by the
    Technical Department Laboratory of the ARRL and found to transmit only
    in Amateur Radio Service bands;

    v. If Pilot markets or offers for sale Amateur Radio Service transmitters,
    it will advise all store managers and employees involved in purchasing
    store inventory that Amateur Radio Service transmitters that have a
    built-in capability to operate on CB frequencies and can easily be
    altered to activate that capability fall within the definition of "CB
    transmitter" under Section 95.603(c) of the Rules and cannot be
    certified or sold. If Pilot offers for sale or markets CB transmitters,
    these employees will be instructed that CB transmitters offered for
    sale or sold on the premises of Pilot owned or operated property must
    be certified. If Pilot offers for sale or markets Amateur Radio Service
    transmitters, these employees will be instructed that, prior to the
    sale or marketing of Amateur Radio Service transmitters, the
    transmitters must be reviewed by the Technical Department Laboratory of
    the ARRL and found to transmit only in Amateur Radio Service bands. The
    terms of this Consent Decree will be made available to these employees.
    If applicable, Pilot further agrees to review these FCC requirements
    with these employees at least semi-annually for two years following the
    Effective Date; and

    vi. It will place compliance with this Consent Decree under the direct
    supervision of Pilot's Director of Marketing, Mr. Ed Leddy, or, in the
    event Mr. Ed Leddy is no longer with the company, his successors. If
    applicable, Mr. Leddy or his successors will ensure that store
    managers and employees involved in purchasing store inventory are
    advised of the FCC requirements described in paragraph v and the terms
    of this Consent Decree at least on a semi-annual basis for two years
    following the Effective Date. Mr. Leddy shall ensure that a copy of
    the ARRL product review shall be obtained by Pilot prior to purchasing
    models of Amateur Radio Service transmitters as store inventory and
    retained by Pilot for at least two years. If applicable, Mr. Leddy
    shall also implement, within thirty days of the Effective Date of this
    Consent Decree, internal procedures to ensure that only certified CB
    transmitters or ARRL reviewed Amateur Radio Service transmitters are
    purchased for sale in Pilot Travel Centers.

    16. The Parties acknowledge that this Consent Decree shall constitute a
    final and binding settlement between Pilot and the Commission regarding
    possible violations of Section 302(b) of the Act and Section 2.803(a)(1)
    of the Rules specified in the NAL. In consideration for termination by the
    Commission of the Enforcement Proceeding and in accordance with the terms
    of this Consent Decree, Pilot agrees to the terms set forth herein.

    17. The Commission agrees that it will not entertain, or institute on its
    own motion, any new proceeding, formal or informal, or take any action on
    its own motion against Pilot for the possible violations of Section 302(b)
    of the Act or Section 2.803(a) of the Rules committed prior to this
    Consent Decree. Nothing in this Consent Decree shall prevent the
    Commission from instituting investigations or enforcement proceedings
    against Pilot in the event of any other alleged misconduct that violates
    this Consent Decree or that violates any provision of the Act or the
    Rules.

    18. The Parties agree that each is required to comply with each individual
    condition of this Consent Decree. Each specific condition is a separate
    condition of the Consent Decree as approved. To the extent that Pilot
    fails to satisfy any condition, in the absence of Commission alteration of
    the condition, it will be deemed noncompliant and may be subject to
    possible future enforcement action with respect to such failure to satisfy
    the condition.

    19. The Parties also agree that any provision of this Consent Decree which
    conflicts with any subsequent rule, order of general applicability or
    other decision of general applicability adopted by the Commission will be
    superseded by such Commission rule, order or other decision.

    20. Pilot agrees to make a voluntary contribution to the United States
    Treasury in the amount of ninety thousand dollars ($90,000) within thirty
    (30) days of the Effective Date. Such contribution shall be made, without
    further protest or recourse, by mailing a check or similar instrument,
    payable to the order of the Federal Communications Commission, P.O.
    Box 358340, Pittsburgh, PA 15251-8340. The payment should reference
    NAL/Acct. No. 200532500001 and FRN 0006096010. Payment by overnight mail
    may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
    Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account number 911-6106.

    21. If any Party (or the United States on behalf of the Commission) brings
    a judicial action to enforce the terms of the Adopting Order, neither
    Pilot nor the Commission shall contest the continuing validity of the
    Consent Decree or Adopting Order. The Parties agree to comply with, defend
    and support the validity of this Consent Decree and the Adopting Order in
    any proceeding seeking to nullify, void or otherwise modify the Consent
    Decree or the Adopting Order.

    22. The Parties agree that in the event that any court of competent
    jurisdiction renders this Consent Decree invalid, this Consent Decree
    shall become null and void and may not be used in any manner in any legal
    proceeding.

    23. This Consent Decree cannot be modified without the advance written
    consent of all of the Parties.

    24. This Consent Decree may be signed in counterparts.

    For the Commission:

    By: ________________________

    Marlene Dortch

    Secretary

    For Pilot Travel Centers LLC

    By: __________________________

    47 U.S.C. S 302a(b).

    47 C.F.R. S 2.803(a)(1).

    See Pilot Travel Centers LLC, Notice of Apparent Liability, 19 FCC Rcd
    23113 (2004), erratum (rel. Nov. 23, 2004).

    47 U.S.C. SS 4(i) and 503(b).

    47 U.S.C. S 302a(b).

    47 C.F.R. S 2.803(a)(1).

    47 U.S.C. S 302a.

    47 C.F.R. Part 2, Subpart J.

    CB radio operation is confined to forty specified channels from 26.965 MHz
    to 27.405 MHz (carrier frequency).

    See 47 C.F.R. S 2.927(a).

    47 C.F.R. S 2.803(a).

    47 C.F.R. S 95.603(c) [FCC 88-256], amended changing "type acceptance" to
    "certification" [FCC 98-58].

    Extended Coverage High Frequency Transceivers, Public Notice 62882, 1996
    WL 242469, available at
    <>
    (OET, rel. May 13, 1996) ("Notice").

    Id.

    Letter from Christopher Wright, General Counsel, FCC to John Atwood, Chief
    Intellectual Property Rights, US Customs Service, 14 FCC Rcd 7797 (OGC,
    1999).

    Pilot Travel Centers LLC, 19 FCC Rcd 23113 (2004).

    Federal Communications Commission FCC 06-53

    2

    Federal Communications Commission FCC 06-53

    Federal Communications Commission FCC 06-53

    8

    Federal Communications Commission FCC 06-53

    Credit to: www.fcc.gov


    Rover
     
    #1
  2. CHARLEYMARBLES

    CHARLEYMARBLES Active Member

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    IT IS FURTHER ORDERED that Pilot Travel Centers LLC shall make its
    (voluntary contribution) to the United States Treasury, as specified in
    the Consent Decree, by mailing a check or similar instrument, payable
    to the order of the Federal Communications Commission, P.O.
    Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
    be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
    Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106. The payment, regardless of how sent, must include the
    NAL/Acct. No. and FRN No. referenced above.

    ___________________________________________________________________________________________________________

    My favorite part is in parenthesies

    Chuck
     
    #2
  3. C W Morse

    C W Morse Active Member

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    Yes, and they will get caught, too. Unfortunately, the Feds don't have enough agents to swoop down immediately, a good thing for the sellers. But when they do become aware of violations, then it becomes a bad thing for the sellers. It just takes time. I have noticed that Pilot took their exports out up and down I-85, so I would guess they did the same in all their outlets. Despite all the angst and bitterness that has followed FCC's crackdown (actually not a "crackdown", but just doing the job they should've been doing all along), all this HAS resulted in much less CB traffic up on 28 MHZ. It used be that hams could hear people beeping and squeaking their way along
    on their frequencies with regularity. Since the effort put forth by the hams themselves and FCC's Special Counsel for Amateur Enforcement, it has caused a reduction in "bandit" traffic up there. :D

    73

    CWM
     
    #3
  4. C2

    C2 Well-Known Member

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    well, it worked for the Italians too.
     
    #4
  5. Beetle

    Beetle Well-Known Member

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    "Mmmmmm! Italians al dente!" ... H. Lecter
     
    #5
  6. Moleculo

    Moleculo Administrator Staff Member

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    By this definition then every HF rig sold today is classified as "CB transmitters" under Section 95.603(c), and only the ARRL arbitrarily gets to say that its not and they get to do so without any published criteria. What a crock. For all we know, Yaesu, Icom, Kenwood, and Alinco are paying off the ARRL so that they won't allow any 10 meter rig to ever be authorized. Sounds to me like Cobra, Galaxy, RCI, and RF Limited need to start "contributing" to the ARRL and then the FCC will have to think up some new way to address this inconsistency in the law.
     
    #6
  7. chipotle

    chipotle Active Member

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    One of the reasons the amateur bands are less crowded is that their are far fewer hams than there were a few years back. I hope the FCC or ARRL is not contributing to this as we a;; know from experience that old time hams are not always that friendly to newbies- which is a terrible shame. Some of the old timers come accross as bitter and angry- not a crowd that anyone would want to be associated with. It sucks when the repeaters go unused for days.
     
    #7
  8. cyclops1970

    cyclops1970 Gay Nazi Liberation Party

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    Just some random thoughts:

    A) This is nothing more than a good-ole-fashioned "shakedown" by the FCC. You know there has got to be some people in Gettysburg with their feet propped up on their desks chuckling about this while smoking some big cigars...

    B) Of course, if it was really this easy to get Pilot to fold, there's bound to be more coming down the pike. Heck, they could even get Pilot again if Pilot doesn't own up to its obligations under the settlement.

    C) How in the heck did the ARRL Lab get dragged into this? I get the feeling that someone in Newington placed an idea inside the head at someone in Gettysburg.

    No doubt about it, this whole deal smacks of back-room cronyism. Which, if that's what it takes, I can live with it.
     
    #8
  9. C W Morse

    C W Morse Active Member

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    It ain't THAT bad! This simply goes after the places that cater to a particular clientele. I mean, why would a group that uses CB radio NEED ham radios in a truck stop when a license ham knows where to find reputable dealers? C'mon, a little common sense is in order when there are cases of "Amatuer " radios in a truck stop beckoning drivers to buy that fancy radio with all the chrome, and lotsa dials and switches. And OH! It's got them 'extree' channels, EIGHT BANDS of "channels" to make him special and be exclusive. Only $299 plus a "peak and tune" next door at Joe Blow's CB emporium and hack--I mean-REPAIR :p Shop! These are the radios they are going after! These are the dealers that SELL illegal equipment that causes un-clued people to show up on frequencies they are not authorized! It's not like they are going to swoop down on every CB shop in the country.

    I know it ain't perfect, but it is better than letting it just keep on and on and on until somebody builds a "CB" that talks on 21 MHZ :evil:

    73

    CWM
     
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  10. C W Morse

    C W Morse Active Member

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    OH? They aren't alone! :D They are joined in the "club" by TA Travel Centers, Gene Fricke CB Sales, Clays Radio Shop, Quack Shack, Pro Class Electronics, High Class CB, Love's Travel Stops, and others. It's not just a case of gov't "run amuck" (sic). They are responding to the complaints of licensed operators who are/were being interfered with by UN-licensed ones on the 10 Meter band. It isn't over. 8)

    73
     
    #10
  11. CHARLEYMARBLES

    CHARLEYMARBLES Active Member

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    They are responding to the complaints of licensed operators who are/were being interfered with by UN-licensed ones on the 10 Meter band. It isn't over
    ====================================================================================================================

    In other words!!! Responding to the whiney crybabies that have nothing better to do than bugg the snot outta the FCC.


    Chuck
     
    #11
  12. todt061458

    todt061458 W9WDX Amateur Radio Club Member

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    Amen to that.
    That fine is not even a day's profit and most likely the way it is worded it's most likely a future tax write off.
     
    #12
  13. yama junk owna

    yama junk owna Active Member

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    (Despite all the angst and bitterness that has followed FCC's crackdown (actually not a "crackdown", but just doing the job they should've been doing all along), all this HAS resulted in much less CB traffic up on 28 MHZ. It used be that hams could hear people beeping and squeaking their way along
    on their frequencies with regularity.) Quote CWM

    (OH? They aren't alone! They are joined in the "club" by TA Travel Centers, Gene Fricke CB Sales, Clays Radio Shop, Quack Shack, Pro Class Electronics, High Class CB, Love's Travel Stops, and others. It's not just a case of gov't "run amuck" (sic). They are responding to the complaints of licensed operators who are/were being interfered with by UN-licensed ones on the 10 Meter band. It isn't over. CWM.)

    Here we are again beating this poor old horse once again, CW you know as well as I that for the most part the reason that we don't hear anything on 10 meters is because we are in the lowest part of the sunspot cycle, it wasn't that big of a deal to start with. ( Course when you ain't got nuttin better to do than play freq police I guess one interloper is too many) The thing that bugs me with this whole mess is why go after a truck stop to start with, why not go down to the docks and when those china made junks come off the boats throw them in the water, or take them and destory them? I know why MONEY! The FCC ain't going to mess with the big boys but they will trump up some junk on a shop or truck stop just to pacify folks like CWM! Is it going to stop anything? I doubt it I just about bet if you so wanted one you could proably go to one of these truck stop and buy whatever you wanted, they just stuck them in the back room outa site till things cool down.
     
    #13
  14. C W Morse

    C W Morse Active Member

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    I doubt it I just about bet if you so wanted one you could proably go to one of these truck stop and buy whatever you wanted, they just stuck them in the back room outa site till things cool down. (quote)

    Maybe, but let one of 'em sell one of to an undercover FCC agent AFTER being cited previously, it;ll be Katy bar the door!
    And, btw, the difference in propagation had nothing to do with it. The interlopers are still there, that's true. But not as frequently as before. They were heard both as 'skip' and while riding right beside the ham who was quietly monitoring him LOCALLY! Not only has the long distance traffic diminished, the LOCAL stuff decreased as well. Where one could ride along
    listening to 10 Meter AM and have drivers yapping away, now it is almost non-existent. It ain't *me* that's doing it, but there was a whole LOT of hams after the unlicensed, unwise, unknowing operators. And GOOD for them, too. SOMETHING worked and we ain't gonna let up. The interlopers do not belong there, they are not welcome there, and there are plenty of us that will do our utmost to put a stop to their theft--including launching high-speed CW right over the top of them.
    And before someone starts questioning that, NO! It is NOT illegal to 'interfere' with an illegal station! It was ruled by FCC some time ago that an illegal station can't be "interfered" with to start with because he is ILLEGAL to begin with, and as such, has NO protection against "interference" since "interference" is non-existent. He has NO rights and NO protection against the operation of a LEGAL station exercising his duly authorized privileges. Thus, if a licensed station comes onto 28.085 and calls QRZ and the frequency is clear except for the bandit station, then he may operate right over the top of the b-----d without fear of reprisal. Serves 'em right, too! :evil: Actually, that tactic HAS worked in the past, because I have heard the interlopers say, "Go back down to channel 20"--I can't hear up here!"

    Maybe the battle is lost (for which I blame FCC), but it won't be for lack of trying.

    73

    CWM
     
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  15. yama junk owna

    yama junk owna Active Member

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    CWM you still didn't address my question in that why does the FCC even bother with truck stops and rinky dink cb shops? Why not go to the ports and get the junk when it comes in? ( I dislike exports as well but for a different reason, that is most of them are junk that people are ripped off with.) Busting a truck stop is not going to change a thing, they got to stop it at the source, and the FCC don't seem to want to do that,why?

    Another thing any grown man that gets out on the road and chases trucks is more childish than the fellow talking where he don't belong. This kind of foolish BS is why no one wants to fool with Ham radio to start with. There are better ways to deal with it than being a jerk!!!!
     
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