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Sounds Like FCC IS serious! More Busts!

C

CW Morse

Guest
This was on the Quack Shack forum a few minutes ago.



Posted: Apr 16 2004, 05:35 PM



Well, they hit a couple of more



Federal Communications Commission

Enforcement Bureau

Seattle Field Office

11410 NE 122nd Way, Suite 312

Kirkland, WA 98034-6927

1-888-CALL FCC (225-5322)





ImTec Electronics

FILE No.: EB-04-ST-064

ATTN: Mr. Les Elliot

Sent via Certified

11200 E. Sprague Ave., Suite B

Return Receipt requested and

Spokane Valley, WA 99206-5271

First Class mail



CITATION



Citation No.: C200432980001

Released: March 30, 2004





By the Enforcement Bureau, Seattle Office



1. This is an Official Citation issued pursuant to

Section 503( of The Communications Act of 1934, as

amended (``Act''), 1 to Mr. Les Elliot, owner of ImTec

Electronics of Spokane Valley, WA, for violation of Section

302( of the Act, 2 and Section 2.803(a)(1) of the

Commission's Rules.3



2. An investigation by the FCC's Seattle Office

revealed that on March 11, 2004, you offered for sale at

your retail store located at 11200 E. Sprague Ave. non-

certified Citizens Band (CB) transceivers, namely, Galaxy

Models DX series , and Amateur service transceivers, namely,

RCI Models-2950 and 6900F (modifiable) for CB use. According

to Commission's records, these devices have not received an

FCC equipment authorization which is required for Citizens

Band transmitters marketed in the United States.

Furthermore, these devices bore no FCC equipment

authorization labeling that is required for Citizens Band

transceivers marketed in the United States.4



3. Section 302( of the Act provides ``No person shall

manufacture, import, sell, offer for sale, or ship

devices or home electronic equipment and systems, or

use devices, which fail to comply with regulations

promulgated pursuant to this section.'' Section

2.803(a)(1) of the Rules provides that ``...no person

shall sell or lease, or offer for sale or lease

(including advertising for sale or lease), or import,

ship or distribute for the purpose of selling or

leasing or offering for sale or lease, any radio

frequency device unless: (1) In the case of a device

subject to certification, such device has been

authorized by the Commission in accordance with the

rules in this chapter and is properly identified and

labeled...''



Les Elliot's ImTec Electronics offer for sale of these

devices violates both sections.



4. Additionally, dual use CB and amateur radios of the

kind at issue here may not be certificated under the

Commission's rules. Section 95.655(a) of the rules states:

``...

({CB} Transmitters with frequency capability for the Amateur

Radio Services....will not be

certificated.)'' See also FCC 88-256, 1988 WL 488084

(August 17, 198<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> . This clarification was added to

explicitly foreclose the possibility of certification of

dual use CB and amateur radios, see id., and thereby deter

use by CB operators of frequencies allocated for amateur

radio use. The Galaxy model CB transceivers previously

mentioned were identified as having the modification or the

capability to enable dual use of CB and amateur frequencies.

These units are Galaxy DX66V; Galaxy DX73V; Galaxy DX48T;

Galaxy DX88HL, Galaxy DX33HML, Galaxy DX99V and Galaxy

DX77HML.



5. Furthermore, the Commission has revised Section

2.1204(a)(5) of its rules to prohibit all marketing and/or

offering for sale in the United States of such devices even

when the purchaser(s) had provided assurances that the

transceivers are being bought solely for export. ALL

DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE

COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S

RULES.



6. Subsequent violations of the Communications Act or

of the Comission's Rules may subject the violator to

substantial monetary forfeitures not to exceed $11,000 for

each such violation or each day of a continuing violation,

seizure of equipment through in rem forfeiture action, and

criminal sanctions including imprisonment.



7. Mr. Les Elliot may request a personal interview at

the closest FCC location to its place of business, namely:



Federal Communications Commission

11410 N.E. 122nd Way Suite 312

Kirkland, WA 98034- 6927



which can be contacted by telephone at 425-820-6271. Any

written statement should specify what actions have been

taken to correct the violation outlined above. When

corresponding with the Commission, case number EB-04-ST-064

should be referenced.



8. Any statement or information provided may be used by

the Commission to determine if further enforcement action is

required. Any knowingly or willfully false statement made

in reply to this notice is punishable by fine or

imprisonment.





FEDERAL COMMUNICATIONS COMMISSION







Dennis J. Anderson

District Director, Seattle

Office









_________________________



1 47 U.S.C. § 503((5)

2 47 U.S.C. § 302a(

3 47 C.F.R. § 2.803(a)(1)

4 See 47 C.F.R. §§ 95.409(a) & 2.925(a)













Before the

FEDERAL COMMUNICATIONS COMMISSION

Washington, D.C. 20554





Mr. Lamont Davidson d.b.a. File No.: EB-04-

DL-040

Walcott CB Sales, Inc. Citation:

C20043250002

2940 North Plainview Road Sent via

Certified

Walcott, IA 52773 Return Receipt

Requested

and First Class

U.S. Mail





CITATION



Released: April 7, 2004

By the Enforcement Bureau, Dallas Office:



1. This is an Official Citation issued pursuant to Section

503((5) of the Communications Act of 1934, as amended

(``Act''),1 to Mr. Lamont Davidson d.b.a. Walcott CB Sales,

Inc. for violation of Section 302( of the Act,2 and

Section 2.803(a)(1) of the Commission's Rules.3



2. An investigation by the FCC's Dallas Office revealed that

the Internet domain name walcottcb.com is registered to

Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott,

Iowa 52773 with Lamont Davidson, Walcott CB Sales, Inc.

listed as the administrative and technical contact.

Furthermore, on February 24, 2004, Mr. Lamont Davidson

d.b.a. Walcott CB Sales, Inc. through the Internet site(s)

www.walcottcb.com (with an address listed on the site as

Walcott CB Sales, Inc., 2940 North Plainview Road, Walcott,

IA) offered for sale, the following thirty-four (34) non-

certified Citizens Band transceivers:



NAME MODEL PRICE DESCRIPTION

Connex 3300HP $229.95 Echo Board with Two

Controls

Connex 3300HPCF $239.95 Echo Board with Two

Controls

Connex 4400HP $274.95 Echo Board with Dual

Controls

Connex 4800DXL $374.95 Echo Board with Dual

Control

Connex Coyote Hunter $189.95 AM/FM/PA modes

Connex Deerhunter $149.95 AM/FM/PA modes

Galaxy DX33HML $219.95

Galaxy DX44V $239.95

Galaxy DX45MP $289.95

Galaxy 48T $399.95

Galaxy DX55V $209.95

Galaxy DX66V $299.95

Galaxy DX73V $349.95

Galaxy DX77HML $299.95

Galaxy DX88HL $369.95

NAME MODEL PRICE DESCRIPTION

Galaxy DX93T $449.95

Galaxy DX99V $399.99

General Grant $399.95

General A.P. Hill $174.95

General Lee $229.95

General Longstreet $269.95

General Washington $229.95

Magnum 357DX $379.95

Magnum DeltaForce $269.95

President Lincoln $344.95

Ranger RCI-2950DX $319.95 10 & 12 meter

Ranger RCI-2970DX $449.95 10 & 12 meter

Ranger RCI-2980WX $429.95 Base AM-FM-SSB modes

Ranger RCI-2985DX $444.95 10 & 12 meter base AM-FM-

SSB-CW

Ranger RCI-2995DX $554.95 10 & 12 meter base AM-FM-

SSB-CW

Ranger RCI-6300F-25 $299.95 AM-FM modes

Ranger RCI-6300F-150 $449.95 AM-FM modes

Ranger RCI-6900F-25 $339.95 AM-FM-SSB modes

Ranger RCI-6900F-150 $489.95 AM-FM-SSB modes





According to the Commission's records, these devices have not

received an FCC equipment authorization which is required for

Citizens Band transmitters marketed in the United States.



3. Section 302( of the Act2 provides ``[n]o person shall

manufacture, import, sell, offer for sale, or ship devices

or home electronic equipment and systems, or use devices,

which fail to comply with regulations promulgated pursuant

to this section.'' Section 2.803(a)(1) of the Rules3

provides that ``... no person shall sell or lease, or offer

for sale or lease (including advertising for sale or lease),

or import, ship or distribute for the purpose of selling or

leasing or offering for sale or lease, any radio frequency

device unless: (1) In the case of a device subject to

certification, such device has been authorized by the

Commission in accordance with the rules in this chapter and

is properly identified and labeled ....'' Mr. Lamont

Davidson d.b.a. Walcott CB Sales, Inc's offer for sale of

these devices violates both sections.



4. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc.

marketed these devices as amateur transceivers. The

Commission has evaluated radiofrequency devices similar to

those listed in paragraph 2 and concluded that the devices

at issue are not only amateur radios but can easily be

altered for use as Citizens Band devices as well. A CB

transmitter is a transmitter that operates or is intended to

operate at a station authorized for the CB service, and it

must be certificated by the FCC prior to marketing or

importation.4 The Commission has further concluded that

these devices fall within the definition of a CB transmitter

and therefore cannot legally be imported or marketed in the

United States. See Response from the Commission's General

Counsel to U.S. Customs Service dated May 17, 1999, 14 FCC

Rcd 7797 (1999).



5. Additionally, dual use CB and amateur radios of the kind

at issue here may not be certificated under the Commission's

rules. Section 95.655(a) of the rules5 states: ``. . . .

([CB] Transmitters with frequency capability for the Amateur

Radio Services . . . . will not be certificated.)'' See

also FCC 88-256, 1988 WL 488084 (August 17, 198<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> . This

clarification was added to explicitly foreclose the

possibility of certification of dual use CB and amateur

radios, see id., and thereby deter use by CB operators of

frequencies allocated for amateur radio use.



6. Furthermore, the Commission has revised Section

2.1204(a)(5) of its rules6 to prohibit all marketing and/or

offering for sale in the United States of such devices even

when the purchaser(s) had provided assurances that the

transceivers are being bought solely for export. ALL

DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE

COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S

RULES.



7. In addition to the marketing of the non-certified

transceivers addressed above, Mr. Lamont Davidson d.b.a.

Walcott CB Sales, Inc. is warned that Section 302( of the

Act2, and Section 2.815© of the Commission's Rules7

requires FCC Type Acceptance (or Certification) of External

Radio Frequency Power Amplifiers (or amplifier kits) capable

of operation on any frequency or frequencies below 144 MHz.

Furthermore, Section 2.815( of the Commission's Rules8

prohibits the marketing of External Radio Frequency Power

Amplifiers (or amplifier kits) capable of operation on any

frequency or frequencies between 24 and 35 MHz.



8. Subsequent violations of the Communications Act and/or of

the Commission's Rules may subject the violator to

substantial monetary forfeitures not to exceed $11,000 for

each such violation or each day of a continuing violation,9

seizure of equipment through in rem forfeiture action, and

criminal sanctions including imprisonment.10



9. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc. may

request a personal interview at the closest FCC location to

its place of business,11 namely:



Federal Communications Commission

Park Ridge Office Center, Suite 306

1550 Northwest Highway

Park Ridge, Illinois 60068-1460



which can be contacted by telephone at 847-813-4660. He must

schedule this interview to take place within 14 days of the date of

this citation. Mr. Lamont Davidson d.b.a. Walcott CB Sales, Inc.

may submit a written statement within 14 days of the date of this

citation to the following address:



Federal Communications Commission

9330 LBJ Freeway, Suite 1170

Dallas, Texas 75243-3470



which can be contacted by telephone at 214-575-6361. Any written

statement should specify what actions have been taken to correct the violation outlined above. When

corresponding with the Commission, case number EB-04-DL-040 and

citation number C20043250002 should be referenced.



10. Any statement or information provided may be used by the

Commission to determine if further enforcement action is

required.12 Any knowingly or willfully false statement made

in reply to this notice is punishable by fine or

imprisonment.13



FEDERAL COMMUNICATIONS

COMMISSION







James D. Wells

District Director - Dallas

Office



LRB



Cc:Federal Communications Commission

Park Ridge Office Center, Suite 306

1550 Northwest Hwy

Park Ridge, IL 60068-1460



Federal Communications Commission

Second Floor

520 NE Colbern Rd

Lee's Summit, MO 64086





_________________________



1 47 U.S.C. § 503((5)

2 47 U.S.C. § 302a(

3 47 C.F.R. § 2.803(a)(1)

4 See 47 C.F.R. §§ 95.603© & 2.803

5 47 C.F.R. § 95.655(a)

6 47 C.F.R. § 2.1204(a)(5) revised effective February 28, 2000

7 47 C.F.R. § 2.815©

8 47 C.F.R. § 2.815(

9 See 47 C.F.R. § 1.80((3)

10 See 47 U.S.C. §§ 401, 501, 503, 510

11 See 47 U.S.C. § 503((5)

12 See Privacy Act of 1974, 5 U.S.C. §552a(e)(3)

13 See 18 U.S.C. §1001










</p>
 

What I cannot understand after all these years is why they never go after the most obvious,biggest and oldest.COPPER

Go figure.<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/eyes.gif ALT=":rolleyes">


MyOutlawSig1.jpg




texas_dx_license.jpg



GoArmy1.gif




2TX922

IR2622

CDX922

WO922

YG22

LS22

DX22

MM22

LW22

</p>
 
It seems that Mr. CW Morse enjoys the above facts and that he is only here to stir the pot.


The Peddler...

Website</p>
 
K4KWH aka CWM

Do you own an export ? If so , how did you get it ? Just wondering as I was told hams could sell them privately but somewhere along the line someone had to get it from a distributor that was not allowed to market it.


sonwatchersig.gif


CDX_3.gif




God bless you all !



CDX-897

OT-897

WV-897

CM-2368

American Kangaroo-1897</p>Edited by: <A HREF=http://b2.ezboard.com/bworldwidecbradioclub.showUserPublicProfile?gid=sonwatcher@worldwidecbradioclub>Sonwatcher</A> at: 4/23/04 4:53 am
 
Hey CW aka Train Driver aka QRZ alumni. Just a note to let you know that once the BPL really takes off. And it will. You and all your alias's will be out of a job <img src=http://www.ezboard.com/intl/aenglish/images/emoticons/laugh.gif ALT=":lol"> <img src=http://www.ezboard.com/intl/aenglish/images/emoticons/roll.gif ALT=":rollin"> <img src=http://www.ezboard.com/intl/aenglish/images/emoticons/laugh.gif ALT=":lol"> Me and my perfectly legal galaxy 979 just got down.


</p>
 
CWM, K4KWH,Jerry,

I am against unlicensed operation on the ham bands. It is stupid. But I see you mostly post about people getting busted for disobeying FCC regulations and have come to a number of CB or DX forums to post them to "stir the pot " as you say. But here is a post you made on QRZ-



" K4KWH







Group: Members

Posts: 90

Joined: --

Posted: April 08 2004,15:11



--------------------------------------------------------------------------------

While running errands and gathering parts for a project, I got onto the local interstate and tuned into 28.085 AM. It wasn't long before Billy Big Rigger began "a-ratchet jawin'". I couldn't see the truck(s) so I set my 706 to CW transmit and split receive in AM. I then called a few CQ's just to see what would happen. They couldn't have been far from me because they lit into cussin' to beat the band about them "beep-beep" stations" their "private" channel (thar)! One of then actually knew that it was CW, but was indignant about them "furren"

stations a-messin' them up Since no LEGAL stations were using the frequency (I listened first), I "accidentally" interferred with their conversation. (AWWWWW, what a shame). You shoulda heard their foul-mouthed rants. I thought it was funny. They couldn't talk until I turned off at

my exit. I couldn't see where they were, but............



73 "



Here is a post from another Ham on Eham that addresses that kind of behavior



"I can't believe that KB9ERU is willfully telling his fellow ham operators that he is a proud HAM. Maybe he is a ham without any brains. He is admitting to sending out jamming signals to Police the illigals using the ham bands using terrorist and Vigilante methods. Where did this guy take his ham test and who is responsible for giving this guy the impression that he can send out (willfully jamming) "

"You are brainless because you took the ham test and knowingly twisted and streched the written word of the FCC (Laws of this country.)

But in fact another part of the test requires you to not send out one way transmissions to stalk and Jam unlicensed pirates which you admited sending the strings of CQ's out "



Below is the FCC law as specified from the Tech license Q&A pool -



T1G09 (C)

When may you deliberately interfere with another station’s communications? A. Only if the station is operating illegally

B. Only if the station begins transmitting on a frequency you are using <span style="text-decoration:underline">C. Never</span> D. You may expect, and cause, deliberate interference because it can’t be helped during crowded band conditions



The answer is C. www.flyzephyr.com/hamtech...ech_T1.htm



If this is not legal behavior for a ham how come you do it ? Or do you make a loophole for yourself to condone breaking a rule for yourself?


sonwatchersig.gif


CDX_3.gif




God bless you all !



CDX-897

OT-897

WV-897

CM-2368

American Kangaroo-1897</p>Edited by: <A HREF=http://b2.ezboard.com/bworldwidecbradioclub.showUserPublicProfile?gid=sonwatcher@worldwidecbradioclub>Sonwatcher</A> at: 4/24/04 2:12 pm
 
Let me reiterate-



"T1G09 (C)

When may you deliberately interfere with another station’s communications? A. Only if the station is operating illegally

B. Only if the station begins transmitting on a frequency you are using <span style="text-decoration:underline">C. Never</span> D. You may expect, and cause, deliberate interference because it can’t be helped during crowded band conditions



The answer is C. www.flyzephyr.com/hamtech...ech_T1.htm

"

You are not looking at the letter A answer that is WRONG. Mr Hollingsworth does not have the ability to change law. This law is on the test you took. Don't make excuses for your illegal activity. Your opinion doesn't change the rules.Seems like you like to make up your own rules to play the same game. (sigh)


sonwatchersig.gif


CDX_3.gif




God bless you all !



CDX-897

OT-897

WV-897

CM-2368

American Kangaroo-1897</p>Edited by: <A HREF=http://b2.ezboard.com/bworldwidecbradioclub.showUserPublicProfile?gid=sonwatcher@worldwidecbradioclub>Sonwatcher</A> at: 4/24/04 9:13 pm
 
I understand what you are saying QRN but what is interesting is that fellow hams on the ham forums even condemn this activity as wrong. So if they are in disagreement there seems to be a problem.What I have read is they are instructed to NOT QSO or cause interference but to listen for information and write it down and try to record the illegal station. I was listening to a ham freq one evening and an illegal op was there doing everything to interfere and the gentlemen sort of in charge warned the others not to QSO with the individual as they could get in trouble but to continue their conversation with no downtime in between their QSO as not to give the opportunity for the illegal to jump in. It was well maintained and a far cry from the activity CWM advocates.


sonwatchersig.gif


CDX_3.gif




God bless you all !



CDX-897

OT-897

WV-897

CM-2368

American Kangaroo-1897</p>Edited by: <A HREF=http://b2.ezboard.com/bworldwidecbradioclub.showUserPublicProfile?gid=sonwatcher@worldwidecbradioclub>Sonwatcher</A> at: 4/24/04 9:40 pm
 
QRN,

To be honest what I said about sending CQ's over those guys intentionally has been done by almost everyone in some form . But as a Ham he knows it is a questionable violation even among his fellow hams as you have stated. Not to mention the intentional sending by his own admittance a one-way transmision not intended for qso with another station.

The problem I have is this guy is joining numerous cb and dx websites yeilding his tales of judgement and executions demanding obedience to the letter of the law of the FCC or else. He brags about how he is in contact with Hollingsworth. It just seems to me if someone is that legalistitic in their demands of others strict obedience then they themselves ought to have a pretty clean slate without themselves committing questionable practices according to his own peers and law.


sonwatchersig.gif


CDX_3.gif




God bless you all !



CDX-897

OT-897

WV-897

CM-2368

American Kangaroo-1897</p>
 
Careful CWM...you're starting to get a little belligerent with last post. Posting about FCC activity fine, making commentary on illegal activity surely is OK. However, be a little careful at how far you go with your jabs at CBers. This forum is for everyone: CBers, Hams, and Freebanders. Not all of us like or appreciate or even relate to each other's operating practices or interests in the radio hobby. That's OK. Like I stated earlier, posting about FCC activity is perfectly OK, but taking repeated shots at other members' interests will get old real quick.



Moleculo


</p>
 
Personal jabs are not allowed here. I didn't see anything "personal" (directed at one individual). But the last set of jabs taken at CBers is definately approaching border line.



Moleculo


</p>
 
Freecell,

I bellieve I have stated my point. You are correct in your comment on the term "CQ" for seeking a response from another station. But he has clearly stated above in the post I pasted from another forum that that was NOT his intent. His intent was to purposely jam. If you read the responses from the other forum they understood it the same way. The things he condones for himself are very borderline and other hams have expressed that kind of behavior as not legal. My point is he uses questionable tactics that even some fellow hams do not deem legal yet he makes allowance for his own actions. Then he comes here and tries to iron fist of strictly obeying the FCC when some of his own people question the legality of the tactics he uses. JMPO

I won't post about it anymore as by his response I think he needs a hug.




sonwatchersig.gif


CDX_3.gif




God bless you all !



CDX-897

OT-897

WV-897

CM-2368

American Kangaroo-1897</p>
 
first of all, the cw term CQ is typically an open invitation for any listening stations to respond to the transmission. my question is this....how can a general call (cw or voice) for any listening stations to respond be interpreted as being intended as a one-way transmission? the definition of the term alone denotes that impossibility.



don't get me wrong here, but with all due respect for the forum policy, i'm having just a little bit of a problem determining just exactly what sonwatchers interests are in all of this. if he has a point i wish he would make it.



CW, you are getting a little rough around the edges there, although i do understand the source of your frustration all too well.


</p>Edited by: <A HREF=http://b2.ezboard.com/bworldwidecbradioclub.showUserPublicProfile?gid=freecell>freecell</A> at: 4/25/04 3:09 pm
 
Are you sure they are calling <span style="color:blue;">CQ </span>or are they calling <span style="color:blue;">Seek You</span> ?<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/wink.gif ALT=";)">


<hr />73, Mike KD5VHF@ARRL.net</p>
 

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