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Truck Stop CB Shops Beware !

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.
 
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.

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.
 
Hmmmmmmmmm " From the moment you key your bone stock 4 watt radio" :w00t: Most of the folks that talk on the radio around here would be safe. None of em have ever owned a stock 4 watt radio.:D
 
i wish they would come down here and get this guy who peddles his decals all day on ch19.
all day ,everyday....decal dave peddling his decals....i,m sick of him.just ruins my ch19 listening exp.every 20 minutes or so we get an annoucement.

now the truck stop guys ,they dont bother me so much ,its part of the business,they need to advertise to get truckers in thier shop.i can understand that ,but decals?i,m sick of hearing about this guys decals .
and i know its against fcc rules as ive heard the stories about cb shops getting busted for doing the same thing .
then on top that he has to run a linear to do his stupid decal advertisements.
this has been going on now for months on end .i,m sick of the decal guy .
he is probably near a hour drive from me yet puts a s9 on me:mad:
and i,m pretty sure he is a ham too.so he should know better.
 
Try running east or west on I-70 ( as i do in my big rig ) going thru Effingham Ill. and hearing THE DIESEL DOCTOR or you used to hear Rebel selling his polish and this is the same going thru Indy OH YEA the movie man, BIG O CB SHOP. Same ol B.S. just a different town. I can understand people selling their product but on a different channel would be nice. My main concern on ch.19 is backups,road cond., and oh yes let's not forget Smokey Bear or Mr.D.O.T. Sesame Street gets worse but in the winter time i like to know the road cond.
 
I wonder if you had enough power, a hi-gain directional antenna and came within oh say several hundred feet of his antenna if you could fry his radio. My friend actually had such a thing but it was made from a microwave oven, it even catch stuff on fire you heated it long enough.
 
he is probably near a hour drive from me yet puts a s9 on me:mad:
and i,m pretty sure he is a ham too.so he should know better.


New Avatar?:LOL:

Actually I think Obama Approves of your post! :p::p:
 

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They need to come & bust the lady at the truck wash here in Houston 45 N exit 50 @ the Pilot truck stop she advertises the truck wash 50 times a day. All the truck drive hate her to dead every time I turn on the radio on she is talking or with 5 min she talks, I would rather hear these cb aholes than the lady at the truck wash sad but true
 
i wish they would come down here and get this guy who peddles his decals all day on ch19.
all day ,everyday....decal dave peddling his decals....i,m sick of him.just ruins my ch19 listening exp.every 20 minutes or so we get an annoucement.
When I was driving back to Iowa last year, I had to drive thru Nevada from California.

I was shocked and awed that whore houses were peddling @$$ over ch 19.
A sweet voice would come out of nowhere and say: "Come in boys - for a free bowl of barley soup and a free drink and get you rig washed". This happened over a few hours of driving thru Nevada. I keyed up and said "nothing like a bowl of barley soup to get me randy'

Oh brother...The radio then erupted with laughter and comments from truckers...

CB Shops in Iowa along I-29 and I-80 will get on ch 19 every once in a while and give their locations to truckers and announce specials and mention that they had a radio tech on-site to work on radios. I'm glad they didn't mention barley soup...
:D
 

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