[RadioRay]

This is just a quick reminder that the following letters CAN come to YOU if you are operating so-called "10 Meter 'Amateur" radios in your truck(s). They are illegal to sell by dealers and illegal to use on CB channels. Also, when you flip "band" switches, your channel 19 *may* end up smack in the middle of the Amateur Radio Service frequencies which requires a license to use! :shock: As shown by the letters below, penalties can range up to $10,000!!!


Source: www.arrl.org. Click News Bulletins, then "FCC enforcement Log".

Thanks!





FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Spectrum Enforcement Division
1270 Fairfield Road
Gettysburg, Pennsylvania 17325-7245
August 30, 2006
Rick Vincent, Safety Department
Melton Truck Lines
808 North 161st Street
Tulsa, OK 74116
Subject: Warning Notice -- Unlicensed Radio Operation
Dear Mr. Vincent:
Information before the Commission indicates that your tractor # 4366 was the source of radio transmissions on the Ten Meter Amateur Radio band (28.085 MHz) on June 11, 2006 at 12:10 PM. The location was North Carolina I-85 North between exits 17 and 21.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject drivers to fine or imprisonment, as well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
Please contact me at 717-338-2502 to discuss this matter.
cc: FCC South Central Region

************************************************** **********

FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Spectrum Enforcement Division
1270 Fairfield Road
Gettysburg, Pennsylvania 17325-7245

August 28, 2006

Cardinal Logistics Management Corporation DBA Cardinal Express
P. O. Box 1389
Concord, NC 28026

ATTN: Eric Bailey, Risk Manager

Subject: Warning Notice -- Unlicensed Radio Operation


Dear Mr. Bailey:

Information before the Commission indicates that your tractor #11065, DOT #191496, was the source of radio transmissions on the Ten Meter Amateur Radio band (28.085 MHz) on August 2, 2006 at 3:45 PM. The location was I-85 North between mile markers 6 & 7 northbound.

Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject drivers to fine or imprisonment, as well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.

Please contact me at 717-338-2502 to discuss this matter.

CC: FCC South Central Region

[Windwalker]

They've had the means to track that for quite a number of years, that I know of. I'm sure that over the years, they've refined their own equipment to work even better. And, they are not afraid of handing out some pretty stiff penalties. When I worked on business band, as a licensed technician, the fine was up to $5,000 a day, for each day the violation exists. If I worked on a radio and it was found to be off frequency or over modulated, or putting out too much power, I would have been the one to get the fine. I'm waiting for all these CB shops to start getting fined for "peaking and tuning" legal radios. That, and things like putting in bigger power amps, and things. I don't know how soon, but I'm sure they're going to start enforcing that too. I know that when I worked on them, companies like Motorola came out with hi-gain antennas. (5 1/2 DB gain for UHF 450 Mhz) and the FCC started licensing for ERP (effective radiated power) rather than output power. They were enforcing regulations back in the 60's and 70's. They'll get back into it again. Reverb and overmodulation, and those "BIG RADIOS" will become a thing of the past. Fines are pretty stiff, and if you think about it, the other alternative... You won't be doing much driving from jail.

[One]

I wish all radios put of the same, no mods allowed. Reverbs should be ok since they just change the sound. Then the 'Big Radio' War will be limitd to who has the lower SWR. I talked 9 miles in ND with ease on my stock Cobra29NW with a Striker antenna and a real low SWR. Is a Texas Ranger a 'BIG Radio' too??

[kc0iv]

Did you notice the phase:

"Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject drivers to fine or imprisonment, as well as an in rem seizure of any non-certified radio transmitting equipment,"

in both letters?

Unless it can be shown that the companies install and instructed the driver to use these illegal radioes only the driver(s) can be fined.

The most the FCC can hope for is the companies will apply pressure on the driver(s) to get their act together.

The FCC created the mess and allowed it to get out of control. They don't have the manpower to clean up this mess plain and simple. They have more pressing problems of keeping "boobs" shots off the TV.

While I would love to see the FCC take action on both CB and the ham bands it just isn't going to happen.

kc0iv

[Windwalker]

Originally Posted by kc0iv

Did you notice the phase:

in both letters?

Unless it can be shown that the companies install and instructed the driver to use these illegal radioes only the driver(s) can be fined.

The most the FCC can hope for is the companies will apply pressure on the driver(s) to get their act together.

The FCC created the mess and allowed it to get out of control. They don't have the manpower to clean up this mess plain and simple. They have more pressing problems of keeping "boobs" shots off the TV.

While I would love to see the FCC take action on both CB and the ham bands it just isn't going to happen.

kc0iv

Don't bet on it. It may only be a few here and there, but they'll get into the act. You won't know if they're in the area until you get notification. Or, they may skip notification and simply give you a fine to let you know you've been found out. If a few drivers get home to the tune of receiving a $10,000 fine for an illegal radio, word will get around and it may have an effect. You are not finding those illegal radios in Pilots anymore. And I don't remember seeing any of them anywhere else either.

[RadioRay]

Originally Posted by Windwalker

Don't bet on it. It may only be a few here and there, but they'll get into the act. You won't know if they're in the area until you get notification. Or, they may skip notification and simply give you a fine to let you know you've been found out. If a few drivers get home to the tune of receiving a $10,000 fine for an illegal radio, word will get around and it may have an effect. You are not finding those illegal radios in Pilots anymore. And I don't remember seeing any of them anywhere else either.

Well, not *quite* accurate. I read where in the Federal Code, that companies are responsible to insure that, in order to operate trucks in interstate commerce, they meet all state and Federal safety and equipment standards to include not having anything installed that is against the law. IOW, they (the companies) are responsible to see that there is nothing illegal in their trucks. or they may not operate. So this is why the FCC attorneys are going after the companies first. I am told by FCC Counsel that the companies are, indeed, quite cooperative with FCC in disciplining drivers who are found to have "export" radios in their tractors--even to the point of FIRING a driver who is caught yet again with one! :shock: So far, since the companies have no desire to have further head-butting with FCC and no ax to grind, they act pretty swiftly against the drivers. So whether it is actually their responsibility (companies) or not, it seems to work.

I do know that FCC is working quietly to make some changes in the Federal rules concerning DOT and FCC. It will probably result in an outright ban on non-approved radios in trucks and *some* additional enforcement at scales, etc.

With the current manpower situation at FCC, they are doing the best they can, so we'll have to see how it plays out. I know that *some* of the FCC guys are pretty determined to nip the "exports" and stop the unlicensed used of the ham bands.

RR

[kc0iv]

Originally Posted by Windwalker

Don't bet on it. It may only be a few here and there, but they'll get into the act. You won't know if they're in the area until you get notification. Or, they may skip notification and simply give you a fine to let you know you've been found out. If a few drivers get home to the tune of receiving a $10,000 fine for an illegal radio, word will get around and it may have an effect. You are not finding those illegal radios in Pilots anymore. And I don't remember seeing any of them anywhere else either.

Fist off they FCC will NOT simply fine you. They have a standard action they follow. Starting with a notice. And from there it depends on your response they will deem what action should follow.

As far a sales of these illegal radio. As late as Jan. 2006 Sapp Brothers was cited for having these radios. Remember Pilot was fined in 2004.

Plus all one has to do is search Google for these illegal radios and how to do the mods.

I'd love to see the FCC do more. But as I said before the FCC has a limited staff so they can't do much more. I'd love to see local and state enforcement get involved. How many years has it been illegal for radar detectors in trucks yet hundreds are used everyday. And they are a whole lot easier to detect.

kc0iv

[kc0iv]

Originally Posted by RadioRay

Well, not *quite* accurate. I read where in the Federal Code, that companies are responsible to insure that, in order to operate trucks in interstate commerce, they meet all state and Federal safety and [i]equipment standards to include not having anything installed that is against the law. IOW, they (the companies) are responsible to see that there is nothing illegal in their trucks. or they may not operate. So this is why the FCC attorneys are going after the companies first. I am told by FCC Counsel that the companies are, indeed, quite cooperative with FCC in disciplining drivers who are found to have "export" radios in their tractors--even to the point of FIRING a driver who is caught yet again with one! :shock: So far, since the companies have no desire to have further head-butting with FCC and no ax to grind, they act pretty swiftly against the drivers. So whether it is actually their responsibility (companies) or not, it seems to work.

How many companies have received these letters? Maybe 25 or 50? How many radios are out there? Thousands? If not more.

Lets face it Radio Ray very few companies would know if a radio was legal or not. Or if the driver had a license or not.

I'm sure some would say take it out. So they driver says OK. Takes it out and a few days it's back in the truck. The company can say the matter is taken care of to the FCC.

I do know that FCC is working quietly to make some changes in the Federal rules concerning DOT and FCC. It will probably result in an outright ban on non-approved radios in trucks and *some* additional enforcement at scales, etc.

How many years has it been illegal for radar detectors? Yet, they are still being used by truckers.

Or breaking the hours of service laws. Yet drivers breaks these laws everyday. Any DOT inspector will tell you only a very small are cited.

With the current manpower situation at FCC, they are doing the best they can, so we'll have to see how it plays out. I know that *some* of the FCC guys are pretty determined to nip the "exports" and stop the unlicensed used of the ham bands.

RR

You hit the nail on the head. There is no where enough FCC inspectors to a really police action in repect to the CB band.

If the FCC really wanted to nip the exports they would start at the source. Stop it at the shippers. Go back to the the old way and restrict techs to 50 MHz and above. Then there is no reason for a 10 meter radio.

Yes as I have said many times I'd love to see a REAL end to the illegal use of these radios. But the sad fact is it isn't going to happen.

kc0iv

[RadioRay]

Well, you may be right. I just know they are trying with what they have. However, with some hams in state legislatures and a ham or two in Congress, there are some ears being bent in order to get something done on a couple of fronts.

1. Restore funding to FCC for those agents we need

2. Get FCC with such funding to, indeed, go after the importers.

3. Get "export" radios BANNED in commercial trucks. Doesn't mean all of them will be gone, but............................................... .. it's a start.

4. Direct action at weigh scales by DOT agents themselves with advice from FCC (sort of like the local enforcement thing with the cops). States would LIKE to share some fine money, right? (Don't worry, it hasn't happened..............yet! But they are working to come up with something; THAT'S fer sure!)

RH told me directly that, for one thing, they ARE working on some things to combat these things coming up onto the ham band, and that the companies are quite cooperative once they find out that these things are illegal and don't belong in trucks. A simple internal memo often does the trick; namely telling the drivers that they may only install a 40 channel, FCC-certified CB radio in their tractors. Finding anything else (save the driver being licensed) would result in termination. UPS and FedEx supposedly has such a policy. I mean, there is no reason for a company NOT to institute such a policy since the presence of something that gets FCC's attention is not something they are willing to defend

As an aside, a ham friend told me he was traveling recently when he monitored two trucks traveling together and jabbering on 28.085 AM. So he sent out a legal CQ to other legal stations. The lead tractor figured that he was the one doing it and told him "Awright, li'l blue car, ya better stop messin' up our 'trucker's channel' like that"! I wonder how that driver is going to feel when he gets that letter!!!!!! It is kinda funny if you think about it!!!! :P

73

RR

[kc0iv]

Originally Posted by RadioRay

RH told me directly that, for one thing, they ARE working on some things to combat these things coming up onto the ham band, and that the companies are quite cooperative once they find out that these things are illegal and don't belong in trucks. A simple internal memo often does the trick; namely telling the drivers that they may only install a 40 channel, FCC-certified CB radio in their tractors. Finding anything else (save the driver being licensed) would result in termination. UPS and FedEx supposedly has such a policy. I mean, there is no reason for a company NOT to institute such a policy since the presence of something that gets FCC's attention is not something they are willing to defend

Problem RR is that most companies give lip services and that's all.

I don't know about UPS but I know several FedEx drivers that use these illegal radios.

Second point looking at the front panel of some of these radios one would have to know quite a bit about these radios to spot the illegal units. Companies are not going to spend several hundred dollars on a power measurement unit just to check for illegal radios. Plus, train several people on how to use this unit.

As an aside, a ham friend told me he was traveling recently when he monitored two trucks traveling together and jabbering on 28.085 AM. So he sent out a legal CQ to other legal stations. The lead tractor figured that he was the one doing it and told him "Awright, li'l blue car, ya better stop messin' up our 'trucker's channel' like that"! I wonder how that driver is going to feel when he gets that letter!!!!!! It is kinda funny if you think about it!!!! :P

73

RR

Yes RR I find it really funny. But not for the reason you think.

Looking at the band plan for 10 meters for 28.085 AM (as published by the ARRL) it appears to be a CW, RTTY, data portion of the band. If that is true then a couple of questions.

1. Why would this ham use such poor receiver to receive a CW signal. I sure wouldn't use 3.5 KHz receiver to receive a CW signal. And if he was able to the trucker it had to be a wide band receiver. Plus why would a ham not have a BFO turned on if he was receiving CW.

2. As I read the band plan the ham was just as illegal as these truckers.

I have to wonder if this ham has the proper class license to operate in this portion of the band. And if he knows how to used his radio correctly.


kc0iv