BACKGROUND
2. On March 19, 2010, agents from the Enforcement Bureau's San Francisco
Office ("San Francisco Office") responded to a complaint regarding
radio frequency interference within the radio communication system
equipment of the Merced County Fire Department. The agents observed
that transmissions on CB radio station frequency 27.165 MHz appeared
to match the audio distortion received on frequency 154.4 MHz within
the Merced County Fire Department's audio receiver and speaker system
in what appeared to be audio rectification interference within the
department's receiver and speaker system. The agents then monitored
the radio transmissions on frequency 27.165 MHz and used radio
direction finding techniques to locate the source of the signal
associated with the interference to a CB radio station operating from
Jones's residence in Merced, California.
3. On March 26, 2010, agents from the San Francisco Office again
monitored frequency 27.165 MHz and used radio direction finding
techniques to locate the source of the signal creating the audio
rectification interference to a CB radio station operating from
Jones's residence in Merced, California. Later the same day, the
agents approached Jones's residence, knocked on his door, identified
themselves as agents of the FCC and presented their official badges
and credentials. The individual identified himself as Jones. The
agents told Jones about the radio frequency interference complaint
from the nearby Merced County Fire Department and asked him if he was
the owner or operator of the CB radio station. Jones acknowledged that
he was the operator of the CB radio station but denied causing any
interference to the Merced County Fire Department. The agents then
requested that they be allowed to inspect the CB radio station to
determine the cause of the interference. Jones denied the agents'
request to inspect the CB radio station. The agents warned Jones that
refusing to allow an inspection of a CB radio station is a violation
of section 95.426(a) of the Rules and section 303
of the Act,
explaining that these rules require CB operators to make their
stations available to authorized FCC representatives for inspection.
Jones again denied the request and asserted that the FCC must have a
search warrant to inspect his CB station. The agents advised Jones
that he was required to take necessary precautions to avoid causing
radio interference by operating at power levels that do not exceed
legal limits and by refraining from using a radio frequency power
amplifier.
4. Prior to leaving the premises, the agents issued an on-scene "Notice
of Unlicensed Operation" ("First Notice") to Jones. The First Notice
expressly warned that Jones's refusal to allow inspection of his radio
equipment violated section 303
of the Act and included the full
text of section 303
. Jones refused to accept a copy of the First
Notice and the agents left the document on a chair near the front door
of the house. The agents then left the premises, but continued to
monitor 27.165 MHz and heard Jones describe the agents' attempted
inspection. Later on March 26, 2010, the agents again monitored
frequency 27.165 MHz and noted that Jones was operating his CB radio
station without causing interference to the Merced County Fire
Department radio communication equipment. Subsequently, the Merced
County Fire Department reported that the interference ceased.
5. On August 25, 2010, the San Francisco Office received another
complaint from the Merced County Fire Department that the interference
to its radio communication equipment had resumed over the prior two
weeks and appeared to again be caused by a CB radio station operated
by Jones. According to the complainant, the interference lasted from
10 minutes to 45 minutes at a time and Jones's CB radio station could
be clearly heard on the radio communication equipment at the Merced
County fire station during these times.
6. On August 27, 2010, agents from the San Francisco Office again
monitored frequency 27.165 MHz and used radio direction finding
techniques to locate the source of the interfering signal to a CB
radio station operating from Jones's residence in Merced, California.
Later the same day, the agents, along with two Merced City police
officers, approached Jones at his front yard, identified themselves as
agents of the FCC and presented their official badges and credentials.
The two Merced City police officers identified the man as Jones. The
agents told Jones about the radio frequency interference complaint and
requested that they be allowed to inspect the CB radio station to
determine the cause of the interference. Jones denied the request.
Jones again admitted that he was the owner and operator of the CB
radio station, but stated that he was not the owner of the house and
that he had to refuse the inspection. Jones understood that refusal to
allow an inspection could result in a $7,000 forfeiture assessment.
After further conversation with the agents and the police officers,
Jones subsequently admitted to being the owner of the house. The
agents again requested that they be allowed to inspect the CB radio
station and reiterated that Jones's refusal to allow an inspection of
a CB radio station is a violation of section 95.426(a) of the Rules
and section 303
of the Act and is subject to a forfeiture. Jones
again denied the request to inspect his CB station. The agents then
gave Jones an oral warning and issued a second on-scene "Notice of
Unlicensed Operation" ("Second Notice") to Jones. The Second Notice
expressly warned that Jones's refusal to allow inspection of his radio
equipment violated section 303
of the Act and included the full
text of section 303
. Jones refused to accept a copy of the Second
Notice and the agents left the document on a wooden yard border. The
agents then left the premises.
7. On September 1, 2010, the San Francisco Office received another
complaint from the Merced County Fire Department stating that Jones
had resumed CB radio station operation at approximately 5:30 p.m., and
interference within the Merced County Fire Department radio
communication system equipment had also resumed.
================================================== =======
In March of 2011, The FCC issued a NAL to Ira Jones ( one year after enforcement started, (almost 2 years after the first complaint from the fire department) in the Amount of $7000.00.
They have Yet to collect, nor have they inspected his station, nor have they removed him or his equipment from the Air.
I live Near Merced, and Mr Jones ( CB Handle Falcon) is still on the air, almost every day with a local signal of 20 over S-9, It is easy to find him on 27.165 as you drive through Merced.
He is very proud of the fact that he told the "Fed`s To F Off" when they wanted to inspect his station and lets everyone in the local community know that they have not, and will not remove him from the air.
Granted, given enough time this "might" get settled, But a friend that is involved with the fire department has told me that they plan up-grade there radio equipment at the station at cost to the city to resolve the issue.
Now, if this is the level of enforcement that is going on over A Known rouge operator, that the FCC has documented proof of interference to Emergency Services ( Fire and Rescue in the City of Merced) whats makes anyone think that they will use resources to go hunt down random guys that are just running 100 watts or so on 27 MHz or someone acting like a drunken ass on the air.
It is about money, and the government is strapped for cash....the most pressing thing on the FCC`s mind is selling spectrum to entity's for the all mighty dollar.
CB and Ham radio has become a burden to the FCC, that they do not have time for.
Why do you think the amateur community has been turned over to "self policing" ?
73
Jeff
