Trouble with the FCC (need help)

[Mackman]

Does anyone know a good lawyer to fight the FCC. I got this new job haulin chickens and was on my 10meter late one night. Came into a DOT stop and the FCC was there. Well needless to say they saw my radio up on the dash. Since i didnt have a license to talk on the 10meter they took my radio and gave me a big azz fine. Im takin them to court. I have every right to talk on that 10meter. So if anyone can help me out please let me know. Dont worry i already picked up a new radio.

[dle]

Did you pick up a license?

Did you know the law concerning 10-meter before you went into the scale or after?

[greg3564]

Trying to see if RadioRay is going to bite, huh?

[lurchgs]

I'm curious.. how do you figure - with no license - that you have "every right" to talk on that 10-meter?

Does that mean that I have every right to fly a plane? I have no license, but I do have the training.

Or maybe I can drive your truck? I don't have my CDL (yet)

[VitoCorleone99]

I'm curious.. how do you figure - with no license - that you have "every right" to talk on that 10-meter?

Does that mean that I have every right to fly a plane? I have no license, but I do have the training.

Or maybe I can drive your truck? I don't have my CDL (yet)

Sarcasm is merely one of the many services that they offer here at CAD. Don't knock it till you try it.

[lurchgs]

I'm curious.. how do you figure - with no license - that you have "every right" to talk on that 10-meter?

Does that mean that I have every right to fly a plane? I have no license, but I do have the training.

Or maybe I can drive your truck? I don't have my CDL (yet)

Sarcasm is merely one of the many services that they offer here at CAD. Don't knock it till you try it.

I don't follow - are you suggesting that MackMan was being sarcastic in his OP? Certainly didn't seem so to me, but I've been wrong before. Says so, right here on my calendar.

and I'm just wondering at the intent of the "don't knock it" bit... If you mean, don't get down on people who do things outside the normal bounds of the law until I've tried it - I have. The difference here is, if I do something illegal and get caught, I live with the consequences. I don't cry that I have every right to be stupid and that it was wrong for the police to take my toys away.

If I completely missed the point in your post, I apologize and will wait humbly for edification.

[lurchgs]

ok-

In off-channel conversation, I had some things cleared up for me, Vito. My apologies and ignore my response to your post. (I'm not gonna edit it or try to get it removed. When I chew on my toes, I like everybody to see)

I have annotated my calendar.

[VitoCorleone99]

Easy there fella... Maybe I'm the one who missed the point, but yes I'm pretty sure the OP was trying to get Radio Ray all riled up. (greg3564 even gave you a hint on this one.)

I guess now that the original question seems destined not to run its course, I'll give you a hand. Generally speaking:
Mackman hasn't given anyone an indication that he would soon be "haulin chickens," the FCC doesn't often hang out at DOT stops, they don't often confiscate radios, and his ability to pick up a new one the next day (while hauling those chickens) would seem unlikely.

The last 'don't knock it' bit was a little more of that sarcasm that will pass you by from time to time if you're not looking for it. No worries.

[lurchgs]

yeah, I apparently ruined a perfectly good chance to yank somebody's chain because I don't know the whole situation.

Not been reading long enough to know what Mackman is up to.. who knows, hauling chickens could be his life long dream!

As for the FCC.. yeah, they DO confiscate radios, and if people lodge complaints about a trucker on a particular route being .. um.. inhospitable, a scale seems a logical place for them to await his arrival.

I guess I figured that haulin' chickens would necessitate an end-point of some sort, and that somewhere nearby would be a radio shop nearby.

anyway.. I pooped the party. I'm sorry.

Y'all have fun

[BigDiesel]

RADIO RAY !! RADIO RAY !! RADIO RAY !!

[kc0iv]

yeah, I apparently ruined a perfectly good chance to yank somebody's chain because I don't know the whole situation.

Not been reading long enough to know what Mackman is up to.. who knows, hauling chickens could be his life long dream!

As for the FCC.. yeah, they DO confiscate radios, and if people lodge complaints about a trucker on a particular route being .. um.. inhospitable, a scale seems a logical place for them to await his arrival.

I guess I figured that haulin' chickens would necessitate an end-point of some sort, and that somewhere nearby would be a radio shop nearby.

anyway.. I pooped the party. I'm sorry.

Y'all have fun

If the FCC confiscate a radio(s) they don't do it at a scale house. There is a formal procedure they follow. As much as some people might think the FCC's are not a bunch of Gestapo agents. Their a bunch of guys and gals that have a job to do and in my opinion they do a great job.

As far as Mackman's comment I don't think it was called for. Anyone who has been on these groups for a while they see what can become of comments like this.

kc0iv

[RadioRay]

Pitch me in A flat, please.........AH---HEEEEM! HUMMMMMMMMMMMMMMMM! Intro, Maestro, if you please!

Troll, troll, troll yer boat
Gently down the stream!
Merrily, merrily he MUST be bored,
Life is but a dream!



That troll smells, he needs a bath, and this dog's staying under the porch! :wink:


RR

[Mackman]

Pitch me in A flat, please.........AH---HEEEEM! HUMMMMMMMMMMMMMMMM! Intro, Maestro, if you please!

Troll, troll, troll yer boat
Gently down the stream!
Merrily, merrily he MUST be bored,
Life is but a dream!



That troll smells, he needs a bath, and this dog's staying under the porch! :wink:


RR

RAIDO RAY you live i was just making sure your ok. :P you havent posted in a long time.

[some_dude_in_michigan]

"License, I don't need no stinkin' License"

Apparently the original post is a hoax, and that's a damn shame!

Sadly, the FCC doesn't sit in Weigh Stations, where they could generate a lot of revenue giving out fines to ILLEGALS (Illegal Radio Operators in this case) and confiscating ILLEGALLY used or modified radios. The original poster may have come up with a great idea though, another way for more Federal Government Agencies to work together, to stop a Criminal Element in our society. I think I will forward this idea to the folks at the FCC. I'm sure that, like everyone else, they are feeling a budget crunch right now too!

I say this as a FEDERALLY LICENSED AMATEUR RADIO OPERATOR. Yes, I'm one of the good guys who took the time to study, then be tested on what I studied, and to EARN the right to be called a Ham Radio Operator! That's something I'm proud of, much like I'm proud of studying, practicing and being tested and finally EARNING my CDL!

As the border fanatics always say "WHAT PART OF 'ILLEGAL' DON'T YOU UNDERSTAND?" Now, I'm sure most of you don't want to see people just streaming over the border without going through all the proper red tape, right? That's something they need to EARN, if they wanna live here, right? Well, let's look at that honestly. All most of us, "Citizens Of The USA", had to do to earn that right was to poke our little heads out of mommies womb, while she was in a certain geographic location, and presto, we are United States Citizens!

There are some things that require us to go through the proper steps to do, and other things we just shouldn't do period. This applies to radio equipment also.

Do you want just anyone driving a Semi-Truck without a CDL, just because THEY think it is OK, after all they know how to use that truck, so why not?
Do you want just anyone driving 4 wheelers just because THEY want to and think they know how to work that car?
Do you want just anyone doing surgery on others just because THEY like sharp object and seeing blood?
Do you want just anyone doing electrical wiring of buildings just because THEY think they know how to do it?
Do you want just anyone going out and playing cop, just because THEY think they can spot a bad guy?

OK, so why should we tolerate ILLEGALS that feel they can run any kind of radio equipment that THEY want to and use it in any way that THEY see fit?

Yes folks, there are rules for radio use. In this case I'm sure the original poster thinks he has some really cool CB radio, well, let's look at some of the rules set forth by the Federal Communications Commission of the United States of America. And yes, this goes beyond people using 10m radios as CB's, it also shows how you shouldn't be taking your radio to some little dirtball hack (just slightly lower than a Lot Lizard) in a little shack near a truckstop to have them perform ILLEGAL procedures to it such as the ever so popular "Peak & Tune" or installation of an obnoxious noise generating device, or "opening it up" to use more frequencies than it was designed to do. Here's the rules:

Questions will look like this, Items in ITALICS were highlighted by me, comments added by me will be in GREEN.

[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.407]
[Page 531]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.407 (CB Rule 7) On what channels may I operate?
(a) Your CB station may transmit only on the following channels (frequencies):
-------------------------------------------------------------------
Frequency
Channel (megahertz--MHz)
--------------------------=====--------------------------------
1................................................. ... 26.965
2................................................. ... 26.975
3................................................. ... 26.985
4................................................. ... 27.005
5................................................. ... 27.015
6................................................. ... 27.025
7................................................. ... 27.035
8................................................. ... 27.055
9..........................................-.... \*1\27.065
10................................................ .... 27.075
11................................................ .... 27.085
12................................................ .... 27.105
13................................................ .... 27.115
14................................................ .... 27.125
15................................................ .... 27.135
16................................................ .... 27.155
17................................................ .... 27.165
18................................................ .... 27.175
19................................................ .... 27.185
20................................................ .... 27.205
21................................................ .... 27.215
22................................................ .... 27.225
23................................................ .... 27.255
24................................................ .... 27.235
25................................................ .... 27.245
26................................................ .... 27.265
27................................................ .... 27.275
28................................................ .... 27.285
29................................................ .... 27.295
30................................................ .... 27.305
31................................................ .... 27.315
32................................................ .... 27.325
33................................................ .... 27.335
34................................................ .... 27.345
35................................................ .... 27.355
36................................................ .... 27.365
37................................................ .... 27.375
38................................................ .... 27.385
39................................................ .... 27.395
40................................................ .... 27.405
---------------------------------------------------------
\*1\ See paragraph (b) of this section.

(b) Channel 9 may be used only for emergency communications or for traveler assistance.
(c) You must, at all times and on all channels, give priority to emergency communication messages
concerning the immediate safety of life or the immediate protection of property.
(d) You may use any channel for emergency communications or for traveler assistance.
(e) You must share each channel with other users.
(f) The FCC will not assign any channel for the private or exclusive use of any particular CB station
or group of stations.
(g) The FCC will not assign any channel for the private of exclusive use of CB stations transmitting
single sideband or AM.

Well, I don't see any frequency there not already in the standard off the shelf LEGAL CB manufactured by respectable companies.

[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.413]
[Page 533]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.413 (CB Rule 13) What communications are prohibited?
(a) You must not use a CB station - -
(1) In connection with any activity which is against federal, state or local law;
(2) To transmit obscence, indecent or profane words, language or meaning;
(3) To interfere intentionally with the communications of another CB station;
(4) To transmit one-way communications, except for emergency communications, traveler
assistance, brief tests (radio checks), or voice paging;
(5) To advertise or solicit the sale of any goods or services; I bet most Speedco's, Truck Washes, "CB Shops" and Lot Lizards would love to know this.
(6) To transmit music, whistling, sound effects or any material to amuse or entertain; There's a fortune to be made by the FCC in the average truck stop at night
(7) To transmit any sound effect solely to attract attention; See comment above
(8.) To transmit the word ``MAYDAY'' or any other international distress signal, except when
your station is located in a ship, aircraft or other vehicle which is threatened by grave and
imminent danger and your are requesting immediate assistance;
(9) To communicate with, or attempt to communicate with, any CB station more than 250
kilometers
(155.3 miles) away;
(10) To advertise a political candidate or political campaign; (you may use your CB radio for the
business or organizational aspects of a campaign, if you follow all other applicable rules);
(11) To communicate with stations in other countries, except General Radio Service stations in
Canada; or
(12) To transmit a false or deceptive communication.
(b) You must not use a CB station to transmit communications for live or delayed rebroadcast on
a radio or television broadcast station. You may use your CB station to gather news items or
to prepare programs.



[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.410]
[Page 532]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.410 (CB Rule 10) How much power may I use?

(a) Your CB station transmitter power output must not exceed the following values under any conditions:
AM (A3)--4 watts (carrier power) SSB--12 watts (peak envelope power). What are the hacks in the "CB Shops" turning them up to?
(b) If you need more information about the power rule, see the technical rules in subpart E of part 95.
(c) Use of a transmitter which has carrier or peak envelope power in excess of that authorized voids your authority to operate the station.



[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.425]
[Page 536]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.425 (CB Rule 25) May I make any changes to my CB station transmitter?
(a) You must not make or have any one else make any internal modification to your CB transmitter.
(b) Internal modification does not include:
(1) Repair or servicing of a CB station transmitter (see CB Rule 24, Sec. 95.424); or
(2) Changing plug-in modules which were certificated as part of your CB transmitter.
(c) You must not operate a CB transmitter which has been modified by anyone in any way, including
modification to operate on unauthorized frequencies or with illegal power. (See CB Rules 9 and 11,
Secs. 95.409 and 95.411.)[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]



[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.411]
[Page 532]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.411 (CB Rule 11) May I use power amplifiers?
(a) You may not attach the following items (power amplifiers) to your certificated CB transmitter in any way:
(1) External radio frequency (RF) power amplifiers (sometimes called linears or linear amplifiers); or
(2) Any other devices which, when used with a radio transmitter as a signal source, are capable
of amplifying the signal.
(b) There are no exceptions to this rule and use of a power amplifier voids your authority to operate the station.
(c) The FCC will presume you have used a linear or other external RF power amplifier if--
(1) It is in your possession or on your premises; and
(2) There is other evidence that you have operated your CB station with more power than allowed by
CB Rule 10, Sec. 95.410.
(d) Paragraph (c) of this section does not apply if you hold a license in another radio service which allows
you to operate an external RF power amplifier.
[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]



[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to end]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.408]
[Page 552-553]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.408 (CB Rule 8.) How high may I put my antenna?
(a) Antenna means the radiating system (for transmitting, receiving or both) and the structure
holding it up (tower, pole or mast). It also means everything else attached to the radiating system
and the structure.
(b) If your antenna is mounted on a hand-held portable unit, none of the following limitations apply.
(c) If your antenna is installed at a fixed location, it (whether receiving, transmitting or both) must
comply with either one of the following:
(1) The highest point must not be more than 6.10 meters (20 feet) higher than the highest point
of the building or tree on which it is mounted; or
(2) The highest point must not be more than 18.3 meters (60 feet) above the ground.
(d) If your CB station is located near an airport, and if you antenna structure is more than 6.1 meters
(20 feet) high, you may have to obey additional restrictions. The highest point of your antenna
must not exceed one meter above the airport elevation for every hundred meters of distance from
the nearest point of the nearest airport runway.
Differences in ground elevation between your antenna and the airport runway may complicate this
formula. If your CB station is near an airport, you may contact the nearest FCC field office for a
worksheet to help you figure the maximum allowable height of your antenna. Consult part 17 of the
FCC's Rules for more information.
[[Page 553]]
WARNING: Installation and removal of CB station antennas near powerlines is dangerous. For your
safety, follow the installation directions included with your antenna.
[48 FR 24894, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983]



[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to end]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.415]
[Page 554]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.415 (CB Rule 15) Who is responsible for communications I make?
You are responsible for all communications which are made by you from a CB station.


And here comes the best part!


[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95.421]
[Page 534-535]
TITLE 47--TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--Table of Contents
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.421 (CB Rule 21) What are the penalties for violating these rules?
(a) If the FCC finds that you have willfully or repeatedly violated the Communications Act or the FCC
Rules, you may have to pay as much as $10,000 for each violation, up to a total of $75,000. (See
section 503(b) of the Communications Act.) WOW!!! That's more than speeding or log book tickets, and yes, if you get one you are expected to pay!
(b) If the FCC finds that you have violated any section of the Communications Act or the FCC Rules,
you may be ordered to stop whatever action caused the violation. (See section 312(b) of the
Communications Act.)
(c) If a Federal court finds that you have willfully and knowingly violated any FCC Rule, you may be
fined up to $500 for each day you committed the violation. (See section 502 of the Communications Act.)
(d) If a Federal court finds that you have willfully and knowingly violated any provision of the Communications Act, you may be fined up to $10,000 or you may be imprisoned for one year, or both. (See section 501of
the Communications Act.)
[48 FR 24894, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]

I think the FCC should start setting up in Weigh Stations and Truck Stops.

It is time to start reeling in these ILLEGAL radio operators and make them pay, and also to make sure they are wearing their panties.

[Mackman]

we might have 2 radio rays on are Hands lol

[HOTROD29335]

Pitch me in A flat, please.........AH---HEEEEM! HUMMMMMMMMMMMMMMMM! Intro, Maestro, if you please!

Troll, troll, troll yer boat
Gently down the stream!
Merrily, merrily he MUST be bored,
Life is but a dream!



That troll smells, he needs a bath, and this dog's staying under the porch! :wink:




RR

i think it is funny that these guys have that much time on their hands. i guess living in his mom basement she probably does all the cleaning, cooking, etc.

[Piece Of Work]

I can get anyone help who is currently in a bind with the law. I have a Truckers Legal Plan that will represent a driver in court no matter what state that may be. The lawyer will be in court for you so you don't lose work or time. Just get a hold of me at my Website if you want more info.

[Bandit102]

SHUTTUP STOOPID

[Clay51]

we might have 2 radio rays on are Hands lol

Make that three.

Personally, I would love to see the FCC be able to confiscate both the radio and the vehicle the illegal radio is installed in.

And that goes for "peaked and tuned" radios as well as linears.

And weight stations would be a good places to start.

73