[kc0iv]

Originally Posted by Markk9

Next the government would not spend the money to prove who was transmitting.

First you have to understand that the FCCs doesn't have to prove who was/is transmitting. All the FCCs is required to prove is that equipment was found in the owner's truck (in this case Sysco Corporation) that is illegal. As the owner of the truck (either as the owner or one that is lease to the company) the company is required to conform to the rules and regulations. In this case the owner is accused of operating outside the legal frequency assigned for CB transmission. If the operator are licensed "hams" (which I doubt) their operation is also illegal since it was not a legal transmission (operating outside the phone portions of the 10-meter band and it would appear the operator did not ID as required by law).

Next the government would not spend the money to prove who was transmitting.

What the government would or would not do would depend on the response the FCC received from this complaint. The government has been known to go at great lengths if they feel the response is not responded to in an acceptable manner. The quickest way the get the FCCs attentions is to ignore a complaint.

As I said above the company can be held accountable for the equipment install in their tractors.

Before you say it, the defense attorney will dismiss any jury members with a ham back round.

Mark

Would a defense attorney use one of his/her 3 challenges for such action might or might no happen. You also have to understand just because a challenge is made the court does not have to accept challenge. In fact Federal Courts don't have to accept any challenges. They are free to seat a jury by simply showing the jury person meets the requirements set by law.

I feel reasonably sure a company such as Sysco Corporation is not going to spend the money it would have to spend to defend such action. They would simply fire the employee or cancel the operators lease.

As radioray has said many times normal action is for the company to tell the employee to get the illegal equipment.


kc0iv

[Markk9]

Originally Posted by Deus

You are nuts. My dad has the highest class ham license you can get. There are stories all the time in the ham magizines. Sure it might not hold up in court if someone just tatles on them, but the FCC *does* set up stings and they can triangulate your location based on signal strength and direction.

While they may not spend big bucks doing this, it is kind of like the IRS where only 1 or 2% of the population will get audited every year.

Sure sucks when you're the one though.

You are right about how the FCC can trangulating your postion. But that cost money and man power, they have little of both. That is only way that the FCC can issue a fine for operating out of the CB band. I also give that the FCC will catch only 1% maybe.

You as mister HAM can write about such and such truck and send it to the FCC, but all they are going to do is write a scare tactic letter. But the letter has no teeth, all the company has to say and document is they searched the trucks and either found or did not find a 10 meter radio. All companies already state that you can not have any illegal item in the truck.

Do get me wrong I wish they would get rid of all the BBR's with the big radio, but that is never going to happen in the next 20 years.

Mark

[Deus]

Originally Posted by Markk9

You are right about how the FCC can trangulating your postion. But that cost money and man power, they have little of both. That is only way that the FCC can issue a fine for operating out of the CB band. I also give that the FCC will catch only 1% maybe.

You as mister HAM can write about such and such truck and send it to the FCC, but all they are going to do is write a scare tactic letter. But the letter has no teeth, all the company has to say and document is they searched the trucks and either found or did not find a 10 meter radio. All companies already state that you can not have any illegal item in the truck.

Do get me wrong I wish they would get rid of all the BBR's with the big radio, but that is never going to happen in the next 20 years.

Mark

Yeah, no doubt. I'm just saying that just like the IRS on occasion they will want to make examples out of some people, and believe me you don't want it to be you.

[RadioRay]

When it's all said and done, the dust settles, the FACTS are:

1. CB radio is allotted 40 distinct channels. Period!

2. It is governed by Part 95 of Title 47, US Code

3. A paper license is not required to transmit with a CB radio

4. When you DO transmit with a CB radio, you are agreeing to abide by
those regulations by the very act of keying the mike

5. You are limited to 4 watts power

6. You may NOT modify a CB radio for more power or more channels

7. You may NOT operate any other but an FCC-approved, 40 channel, 4
watt radio.

8. So-called "export" radios that have "bands" of channels, are easily
modified to operate on CB, have more than 4 watts of power are
against the law to sell OR use ON CB OR to transmit with on the
Amateur bands without the required license.

9. You MUST allow authorities to INSPECT your radio equipment and that
means allowing such agents in your vehicle or premises according to
Part 95.

Now with all that said, those who transmit ANYWHERE in the radio spectrum without license are in violation of the law and subject to whatever penalty applies to that situation. FCC WILL respond to complaints of interference by unlicensed stations (CB operators, in this case) TO LICENSED services--in this case, Amateur Radio Operators who find/hear truck drivers chatting in the 10 Meter band.
The warning letters are the first salvo in the process of punishing drivers who transmit outside the CB band while unlicensed to do so. According to the Special FCC Counsel for Amateur Enforcement, the companies have been VERY cooperative in responding to their letters, In fact, a letter of warning MUST be responded to by the company within 30 days. Failure to do so will elevate the process to the next level (Warning, Citation, Notice of Apparent Liability, Notice of FINE :cry: ) However, the companies are NOT wanting to tangle with the Feds in ANY regulatory matters, so they cooperate fully (so far, according to the FCC attorney). Those cited so far have, under the advice of FCC, put into place company policies that require REMOVAL of illegal radio equipment and that drivers found to even INSTALL such equipment are subject to dismissal! :shock:
That usually solves the problem.

Finally, you really don't WANT to get tangled with up the agents if you get in their sights! Their equipment is AWESOME! I have SEEN it with my own eyes, RIDDEN in one of their vehicles!!! :shock: Suffice it to say-----take OnStar and multiply it by about 6!! And, no they aren't in white vans!
NO visible antennas---stealth to the "nth" degree!!! Think they can't pinpoint you? HA! Got news for you!! If you are transmitting, they can tell you what EXIT you are passing because as you are driving along, the map on the dash follows right along, calculates the distance TO your vehicle and the quickest route to intercept!!!!!!!!!! AND if TWO vehicles are transmitting at the same time, tell WHICH vehicle is YOURS using spectral analysis!!! Like WOW!!

So, the best thing to do is, if you are using one of those bootleg "export" radios with the "extree channels" is to stop it because, yes, it may be funny to you today, but they ARE working on more severe ways to get illegal operation stopped. Pressure is on both in FCC and in Congress.
As a driver, you have the privilege of using a CB radio with 40 channels within the law. You do not have any privilege to filch that which rightfully is assigned to others.

Thanks.

RR

[Markk9]

Ray, You don't Have to waist your time quoting regs, we know them. All that I'm saying is that the FCC has no plans to chase down truckers with export radios. They do a token one here and there, it cost way to much in money and man power. I know more about the enforcement side then you do.

You can say all you like, but that letter that the FCC sends to trucking companies is a joke!! Like I stated before, all the company has to tell the FCC in a return letter or call is that they inspected said truck and found no radio. Company also tells FCC by letter or call that it is written policy that no illegal equipment be in the company truck. As long as the company has a written policy against illegal equipment they can not and will not be held to a fine. All the company wants is the truck wheels turning, making them money. If the companies took the government rules to heart, we would not have speeding trucks, over weight trucks, and would have all truck drivers with in HOS. Trust me on this one, the trucking companies are more worried about the DOT then FCC. They are not worried much by DOT so you can see how much they give the FCC. They only tell the FCC what there legal dept tells them, send letter with in 30days stating truck has no radio and policy against illegal equipment.

Mister HAM can not give the FCC any information that will result in a court date or fine. FCC must catch you, mister HAM can give the FCC information, but FCC must catch the driver.

As for who I know on the enforcement side, my father-in-law. He's fore got more about radios than you will ever know. He retired from AT&T and Lucent, he specialized in crypto / radio. He was on the group that perfected the cell phone ( which is not a phone, but a radio). He currently consults for HLS on crypto communications. After 911 the FCC has a lot more things to worry about than truckers with big CB's. I will give you this, the FCC is not happy when truckers use big CB's out of the 11 meter. But they really don't care as long as it says on the CB freqs.

I know about the vans. One van is good at finding a base station, one has a more difficult time finding a moving station. They get best results using more than one to find a mobile station.

If the FCC wanted to get the word out about truckers with big radios they would raid 2 to 5 of the major truck stops. The FCC can only huff and puff, no money and man power to do it.

HAM radio operators are on a very steep decline. FCC even did away with code to try and get more people in.

I have in my truck a CB, 10 meter, 6 meter, and 2 meter radio.

Mark

[ken_o]

if you think companies r going to fire someone becauz of a radio you must of not heard of the driver shortage, you have only stated cases of stationary drivers, same runs all the time, how did they find them because of people like you complaing about people like that. im not advocating truckers run 2 or 4 alternators and pump out 10k watts of rhetoric nor do i advocate ratting on them because you have taken the little time to get that license a 5 year could get. the vast magority of drivers r operating 10 meter radios on the cb band not bothering you on the otherband. take a hint theirs no need to start a new thread for the same bs over and over again keep it on one thread the radio ray fcc enforcement thread .

[RadioRay]

Originally Posted by ken_o

if you think companies r going to fire someone becauz of a radio you must of not heard of the driver shortage, you have only stated cases of stationary drivers, same runs all the time, how did they find them because of people like you complaing about people like that. im not advocating truckers run 2 or 4 alternators and pump out 10k watts of rhetoric nor do i advocate ratting on them because you have taken the little time to get that license a 5 year could get. the vast magority of drivers r operating 10 meter radios on the cb band not bothering you on the otherband. take a hint theirs no need to start a new thread for the same bs over and over again keep it on one thread the radio ray fcc enforcement thread .

It's already happened! Drivers HAVE been fired for this (Cheetah Transportation). When FCC starts talking $10,000 fines per occurance, you'll see how fast they will get rid of a driver for doing it.

Drivers operating dumb "10 Meter" radios on 27 MHZ are not the problem. It's the ones operating them on the actual 10 Meter band that ARE! The licensed hams are not "ratting out" drivers on the CB band. But they WILL report those they find on 10 Meters--or any other band where unlicensed people don't belong!


Drive Safe

RR

[Markk9]

Ray, I know for a fact that one company told the FCC in writing and over the phone to give them proof that it was their drive on the radio. The FCC could not, said company told them to stop harassing them or they would follow up with legal action. After calling the FCC's bluff, the FCC has not called or written to said company.

With out proof, ie catching the truck and finding the radio. All the FCC can do is huff and puff with letters and then talking about fines. That is the facts. Know there are companies that do get scared, but most do not.

Mark

[ken_o]

in order to report them theyd have to be very very close as we both know. they must be in some sortof vehicle seeking out the violator get the truck info name and num etc.. this is blatent ratting.
the trucking company getting fined is a scare tactic propogated by you and the fcc they r not liable for criminal actions of their employees.all trucking companies r aware of this and put it in their policy book regardless of such they r still not liable for another individual willfully breaking the law which you speak of. do u have any proof of a fine issued to a trucking company from a judge of this united states.
they will continue to go after individuals and the businesses that sell them.
as they r the ones breaking the law, the fcc is a joke.
a fine is just that. not a court action and only enforcable by a court action, lets c the fcc get one against a trucking company c how that works out for them if said company disputes such.

[RadioRay]

Then THIS is what will happen--and I have been told by an inside employee of FCC that it is being worked on now.

The Federal laws already state that one must comply with ALL state and Federal laws and regulations in order to operate commercial truck in interstate commerce. This means that ANY equipment that is deemed ILLEGAL must NOT be installed in commercial vehicles. So-called "export" radios are illegal to SELL or USE by unlicensed persons. They appear on a list of transceivers specifically by name as being illegal. So they are trying to get DOT involved in random inspections at weight scales. States are always looking at ways to enhance revenue!
A bit of fine-sharing with states is incentive to get state DOT officers involved in seizing unlawful radio equipment. And there are other things being looked at as well.

It is easy to try to defy the Federal Communications Commission, or look like "I'm the toughest bird in the world because I have this large vehicle".
First of all, companies have NO interest in protecting drivers who are clearly breaking the law and have been very cooperative, so the story of a company defying FCC doesn't hold water. They KNOW who the driver is because of the log and the bill of lading showing the truck and trailer AND the person driving it. Should THAT happen, the FCC already has the TRUCK number, DOT number, location, time/date, and frequency of operation. They would then merely force the company to produce the truck without warning and pull an onsite inspection. The illegal radio equipment would then be SEIZED on the spot, and a citation issued. The FCC is lettering companies because THEY ARE RESPONSIBLE FOR ANY ILLEGAL EQUIPMENT THAT MAY BE INSTALLED IN THEIR FLEET AND ARE RESPONSIBLE TO GET IT REMOVED OR FACE SEVERE FINES! Playing "we don't think you can do anything" games won't work because it will only result in a different tactic that would lead to a big fine. An "export" radio is not worth it to a company to protect or try to defy the law over; IOW, they won't do it.

The law is clear. No one may transmit using illegal equipment, and they may not transmit on frequencies for which they have no authorization. This has been the law for at least 70 years. The Amateur Radio allocations are protected by law and under international treaties. If anyone thinks they will just talk where they please and nobody can do anything about it, they are foolish!!

Drivers have the privilege of operating FCC-approved, 40 channel CB radios. Period. No more, no less. You may make digs at RadioRay all you like, but you may be sure that no group is going to just yap where they like with no consequences. Perhaps, it is because the size of the vehicles gives some feeling of invincibility, but it won't fly. Those who have EARNED the privilege of using radio frequencies by way of license or authorization will be protected; you can count on that. Any "BIG BAD REDDIO RAMBO" stuff will fall by the wayside. Will you REALLY want to have agents at scales pulling you over and snatching out the $399 Galaxy radio? It can happen if this "I'm this here big bad driver that has special rights to yap on them channels" stuff keeps up"! :wink:

Drive Wisely, Arrive Alively!

RR