[RadioRay]

People just refuse to believe that FCC is BACK in business! :shock: Two CB operators have recently slapped with $10,000 FINES and FCC is NOT sympathetic to pleas to reduce the fines these days! According to my sources, it is just a matter of time before DRIVERS who operate out-of-band and use "leenyars" will feel the same sting! If you recall, there have been numerous warnings and letters to trucking companies warning them to STOP their drivers from operating outside the CB band! Remember, fellas, you have FORTY channels within which to conduct your business! Any OTHER use can subject you, and/or your company to fines of the same $10,000 amounts. These fines also apply to the now-common usage of what drivers call "the low channels", the most popular being 26.735 in the AM mode. The "10 meter" frequencies are assigned to the Amateur Radio Service and requires an issued paper license, and
the 26 MHZ frequencies are assigned to the US military--requiring authorization from the military agency for their use.

Here are the FCC actions from: www.fcc.gov/eb If you doubt these actions, it doesn't mean they aren't THERE[/i}!

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Before the

Federal Communications Commission

Washington, D.C. 20554


)

)
In the Matter of File Number: EB-06-AT-057
)
Larry J. Duckworth NAL/Acct.No.: 200732480002
)
Cordele, Georgia FRN: 0015847296
)

))


NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: December 15, 2006

By the District Director, Atlanta Field Office, South Central Region,
Enforcement Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Larry J. Duckworth apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act') by
operating a radio transmitter without an authorization from the
Commission. We conclude, pursuant to Section 503(b) of the Act, that Mr.
Duckworth is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).

II. BACKGROUND

2. In response to a complaint, on July 18, 2006, agents from the
Commission's Atlanta Office of the Enforcement Bureau ("Atlanta
Office") conducted an inspection of Mr. Duckworth's CB radio station
located inside his residence. The agents observed a coaxial cable
connecting a linear amplifier to his CB transmitter. The power of the
station as installed measured at 106 watts. Mr. Duckworth admitted to
the agents that he had been operating the station with the attached
linear amplifier. The agents informed him that he was in violation of
the Commission's Rules ("Rules") and that use of a linear amplifier
voided his authority to operate his station. Mr. Duckworth voluntarily
surrendered his linear amplifier.

3. In response to another complaint, on September 28, 2006, agents from
the Atlanta Office re-inspected the CB station in Mr. Duckworth's
residence. The agents observed a coaxial cable connecting two linear
amplifiers to his CB transmitter. The power of the station as
installed measured at 2500 watts. The CB transmitter at his station
was a non-certificated CB transmitter, Galaxy model DX99V. Mr.
Duckworth admitted he used his station as configured.

III. DISCUSSION

4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.

5. Section 301 of the Act requires that no person shall use or operate
any apparatus for the transmission of energy or communications or
signals by radio within the United States except under and in
accordance with the Act and with a license. Section 95.404 of the
Rules states that CB operators do not require an individual license to
operate a CB station because they are authorized by this rule to
operate in accordance with the rules in this subpart.

6. Section 95.409(a) of the Rules requires that CB operators use an FCC
certificated CB transmitter at their CB stations. Section 95.409 of
the Rules also states that use of a non-certificated transmitter voids
your authority to operate your station. On September 28, 2006, agents
from the Atlanta Office observed a non-certificated CB transmitter, a
Galaxy DX99V, installed at his Mr. Duckworth's CB station. Mr.
Duckworth admitted using a non-certificated CB transmitter.

7. Section 95.410(a) of the Rules states that CB station transmitter
output must not exceed 4 watts carrier power. Section 95.410(c) of the
Rules also states that use of a transmitter which has carrier power in
excess of that authorized voids your authority to operate the station.
On July 18, and September 28, 2006, Mr. Duckworth's station carrier
power was measured to be 106 watts and 2500 watts, respectively.

8. Section 95.411(a)(1) of the Rules prohibits attaching an external
radio frequency (RF) power amplifier, sometimes called a linear
amplifier, to a CB transmitter in any way. Section 95.411(b) of the
Rules states that there are no exceptions to this rule and use of a
power amplifier voids your authority to operate the station. On July
18 and September 28, 2006, agents observed linear amplifiers attached
to Mr. Duckworth's CB transmitter. On both dates, Mr. Duckworth
admitted using the linear amplifiers attached to his transmitter.

9. Because Mr. Duckworth violated the CB Rules by using a
non-certificated CB transmitter, attaching linear amplifiers to his CB
transmitter, and operating overpower, he voided his authority to
operate his CB station pursuant to Section 95.404 of the Rules. On
July 18, 2006, Mr. Duckworth was warned that such action voided his
authority to operate his CB Station. Based on the evidence before us,
we find that on July 18 and September 28, 2006, Mr. Duckworth
willfully and repeatedly violated Section 301 of the Act by operating
a radio transmitter, his CB station, without authorization from the
Commission.

10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement") and Section 1.80 of the Rules, the
base forfeiture amount for operation without an instrument of
authorization is $10,000. In assessing the monetary forfeiture amount,
we must also take into account the statutory factors set forth in
Section 503(b)(2)(D) of the Act, which include the nature,
circumstances, extent, and gravity of the violation, and with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice may
require. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors to the instant case, we conclude that Mr.
Duckworth is apparently liable for a $10,000 forfeiture.

IV. ORDERING CLAUSES

11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Larry J. Duckworth is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for violation of Section 301 of the
Act.

12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules, within thirty days of the release date of this
NOTICE OF APPARENT LIABILITY, Larry J. Duckworth SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.

13. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.

14. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Atlanta Office,
3575 Koger Blvd., Duluth, GA 30096 and must include the NAL/Acct. No.
referenced in the caption.

15. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.

16. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Associate
Managing Director - Financial Operations, 445 12^th Street, S.W., Room
1A625, Washington, D.C. 20554.

17. IT IS FURTHER ORDERED that a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by Certified Mail Return Receipt Requested to Larry J.
Duckworth at his address of record.

FEDERAL COMMUNICATIONS COMMISSION

Douglas G. Miller

District Director, Atlanta Office

Enforcement Bureau

47 U.S.C. S 301.

47 U.S.C. S 503(b).

Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).

Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'repeated', when used with reference to the
commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."

47 C.F.R. S 95.404.

47 C.F.R. S 95.409(a).

47 C.F.R. S 95.410(a).

47 C.F.R. S 95.410(c).

47 C.F.R. S 95.411(a)(1).

47 C.F.R. S 95.411(b).

12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.

47 U.S.C. S 503(b)(2)(D).

47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80.

AND

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Before the Federal Communications Commission Washington, D.C. 20554 ) ) In the Matter of ) File Number: EB-05-HU-045 Marcus A. Roberts ) NAL/Acct. No.: 200732540001 Houston, Texas ) FRN: 0004307195 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines. 3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station. 4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation. III. DISCUSSION 5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission. 7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 10. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption. 12. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted. 13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Associate Managing Director, Financial Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.^8 14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission





RR

[greg3564]

Ray, are you related to Dawn? Or are you just the "radio regs" version of Dawn the "HOS regs" expert? :roll:

[emerlin]

If you buy a CB how can you tell if it's "legal?" I don't want to buy anything that would help me negate a good portion of my annual income...

[RadioRay]

Actually, it is quite easy! It will have 40 distinct channels at a power of 4 watts and will have an FCC certification sticker--usually on the back of the set. ANY modifications are illegal, so no trips to Joe's CB Hack Shop and Radio Emporium to get it "tuned up". No snips, clips, modulation tranformer removals.....nothing. Leave the "linear amplifiers" on the shelf.
And, finally, go on the web and read Part 95, Title 47 US Code--the CB radio rules. I believe these can be found at www.powerhousecb.tripod.com (or you can google Powerhouse's CB page).

If the "normal" CB doesn't suit, and you want more, then explore the Amateur Radio license! Also on the web! With this, you will open a whole WORLD of radio fun and adventure a CB could never offer.

But if you stay away from those illegal "10 meter" radios with the extra channels and extra watts, you'll be fine!


Gadfly

[emerlin]

Nahhhhhhhh. I have too many other hobbies and projects I'm not going to get to enjoy to start another. :P

[mike3fan]

or you could just stop using the illeagal equipment after the first warning and therefor avoid the fines........serves them right.

[allan5oh]

You are allowed 12 watts on sideband right? Why don't more guys run sideband? It's more "secret" and the range is much better. If that doesn't suit your fancy, get your damn amateur license!

[mudawg]

I don't get it.Our gov't. can find a couple guys talking on a CB in a country this big so they can fine them :?: :!: :?: :?: Yet they can't find a 6'8" Arab in a country 1\2 the size of Cal.I'm glad my country has its priorities straight,lets keep on dumping money into the most useless branch of the gov't.
I use a 10 meter radio and do take advantage of it when I run with another driver that has one to get away from the BS on the regular 40 channels.I find most people that do use these channels are respectful,professionals that know how to behave themselves in public unlike those on ch19 {for the most part}This is where [ch 19 etc...] some sort of enforcement and fines should be done to the over modulated,over powered,over echoed,reverbed,muffled,back round noised welfare telephone drawling bucket mouths that can't finish a statement without saying come on back morons.This is where the problem is so we should naturally expect them to go after the few that try to get away from it,good job.(SARCASIM)

[fasttruck]

:roll:

[yoopr]

You don't really expect someone to read all that?