Trouble with the FCC (need help)
#91
08-07-2008, 04:10 PM
Originally Posted by Rat
I know the difference between private property theft and stepping into the wrong airwaves but RR makes them seem the same as if he actually owns the airwaves other then the CB band. And when someone comes into them then they are stealing from him so to speak.
It is more like having a liscense to drive or not having a liscense to drive. One is legal while the other is not. Get it??? I hoep so. The fines should be the same in my book. Operating a radio within the and regulations that pertain to it, whatever service it may be is legal. Operating with-OUT an FCC-issued license is NOT. (CB radio is under what is tantamount to a "blanket" license of FCC so long as you OBEY Part 95). You must operate your CB radio with-IN 40 distinct and pre-selected frequencies (channels). Operating on "extree" channels is NOT, and can get one fines of up to $10,000 PER occurance. Operating a 4-watt, FCC-approved CB radio is LEGAL. Operating a so-called "10 Meter" DIS-approved radio either ON CB OR any OTHER frequencies is ILLEGAL unless you have license to do so in another service. The comparison I used, I believe IS valid because, while they technically pertain to different things, under the INTENTS and purposes of the law, they STILL apply to BOTH situations. In the example of "borrowing" (or stealing) physical property, the rightful "owner" of said property is being deprived of something useful (and needed) by someone with an ILLEGAL intent! Likewise, the one who simply decides that he will appropriate, or use, frequencies that are ASSIGNED to others DEPRIVES the legal "user" of said frequencies creating a problem for HIM. Thus, a HARM has occurred in both cases. Now the users of "frequencies" don't own them in the sense of physical property..........BUT! A licensee "controls, uses, has priority over them by virtue of said license which works sort of like a "lease", or a permission to occupy and use them while an interloper who plops himself onto a "channel" simply because he himself has decided that he has some sort of "right" to them despite the LEGAL user(s) PRIOR permission (license) does NOT. NO matter HOW we perceive it, it STILL comes out the same way under the law; a thief may NOT appropriate property from legal owners NOR may outlaw radio operators select and use frequencies for themselves they have no call to! It is, after all, kind of "theft", when all is said and done, because it TAKES something AWAY from the aggrieved. To do so invites arrest (in the case of the property), fines, even JAIL................ in BOTH cases! RR
#93
08-08-2008, 03:27 PM
Go filch a lawnmower from your neighbor. Get caught. Probation? Pay fine, or go to jail! Maybe both.
Go buy an illegal radio, start talking on "extree" channels. Get caught. Get warning ( equal to probation). Pay Fine. Or go to jail. maybe both. Same thing. Same result. RR
#96
08-09-2008, 01:28 AM
Senior Board Member
Join Date: Jan 2005
Location: The Great State of Texas - Seguin
Posts: 741
Some people just clearly do not understand!
Oh what a shame! Thus, their demise will be their own! Quoted from: oh, hmm, I forgot!
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"I discover the principles that work and work them, I am forever learning new principles that interaccomodate with what I already know, to the betterment of my life and my world. As principles are revealed to me, I cheerfully record them, use them, and share them. Principles are, without question, the fastest way to what I want." Author Unknown OOIDA
#98
08-09-2008, 07:03 AM
Originally Posted by Rat
If I get caught then it is just a radio I got from Radioactive radios.
 See Below!!!! ************************************************** ********* Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File Number: EB-08-PO-0044 Michael T. Kersnowski ) NAL/Acct. No.: 200832920002 d/b/a www.radioactiveradios.com ) \ FRN: 0017594524 Salem, Oregon ) ) FORFEITURE ORDER Adopted: July 28, 2008 Released: July 30, 2008 By the Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Michael T. Kersnowski ("Kersnowski"), d/b/a www.radioactiveradios.com, in Salem, Oregon, for willful and repeated violation of Section 302(b) of the Communications Act of 1934, as amended ("Act"), and Section 2.803(a)(1) of the Commission's Rules ("Rules"). The noted violations involve Kersnowski's marketing and offering for sale non-certified Citizens Band ("CB") transceivers. 2. On March 28, 2008, the Resident Agent of the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Kersnowski for offering for sale non-certified CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act. 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to: Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to: U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters "FORF" in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: [email protected] with any questions regarding payment procedures. Michael T. Kersnowski shall also send electronic notification on the date said payment is made to [email protected]. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Michael T. Kersnowski, at his address of record, and Michael Olson, his counsel of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832920002 (Enf. Bur., Western Region, Portland Resident Agent Office, released March 28, 2008). 47 U.S.C. S: 503(b). 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4). 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S: 504(a). Federal Communications Commission DA 08-1754 1 2 Federal Communications Commission DA 08-1754 :lol: :lol: :lol: :lol: :lol: :lol: :lol: (snicker, snicker) RR
#99
08-09-2008, 07:08 AM
Originally Posted by Rat
If I get caught then it is just a radio I got from Radioactive radios.
See Below!!!! ************************************************** ********* Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File Number: EB-08-PO-0044 Michael T. Kersnowski ) NAL/Acct. No.: 200832920002 d/b/a www.radioactiveradios.com ) \ FRN: 0017594524 Salem, Oregon ) ) FORFEITURE ORDER Adopted: July 28, 2008 Released: July 30, 2008 By the Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Michael T. Kersnowski ("Kersnowski"), d/b/a www.radioactiveradios.com, in Salem, Oregon, for willful and repeated violation of Section 302(b) of the Communications Act of 1934, as amended ("Act"), and Section 2.803(a)(1) of the Commission's Rules ("Rules"). The noted violations involve Kersnowski's marketing and offering for sale non-certified Citizens Band ("CB") transceivers. 2. On March 28, 2008, the Resident Agent of the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Kersnowski for offering for sale non-certified CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act. 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to: Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to: U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters "FORF" in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: [email protected] with any questions regarding payment procedures. Michael T. Kersnowski shall also send electronic notification on the date said payment is made to [email protected]. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Michael T. Kersnowski, at his address of record, and Michael Olson, his counsel of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832920002 (Enf. Bur., Western Region, Portland Resident Agent Office, released March 28, 2008). 47 U.S.C. S: 503(b). 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4). 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S: 504(a). Federal Communications Commission DA 08-1754 1 2 Federal Communications Commission DA 08-1754 ************************************************** ********** :lol: :lol: :lol: :lol: :lol: :lol: :lol: (snicker, snicker) When Mr. Kersnowski received the FIRST citation he VOWED to fight the citation AND he was going to fight the Communications Act of 1934. According to the above, it sure is "quiet on the Western Front! LMAO!!!!!! He'll have to PAY the fine or go to JAIL!!!!!!! LMAO!!!!!!! RR
#100
08-09-2008, 08:50 AM
Originally Posted by RadioRay
Originally Posted by Rat
If I get caught then it is just a radio I got from Radioactive radios.
See Below!!!! ************************************************** ********* Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) File Number: EB-08-PO-0044 Michael T. Kersnowski ) NAL/Acct. No.: 200832920002 d/b/a www.radioactiveradios.com ) \ FRN: 0017594524 Salem, Oregon ) ) FORFEITURE ORDER Adopted: July 28, 2008 Released: July 30, 2008 By the Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Michael T. Kersnowski ("Kersnowski"), d/b/a www.radioactiveradios.com, in Salem, Oregon, for willful and repeated violation of Section 302(b) of the Communications Act of 1934, as amended ("Act"), and Section 2.803(a)(1) of the Commission's Rules ("Rules"). The noted violations involve Kersnowski's marketing and offering for sale non-certified Citizens Band ("CB") transceivers. 2. On March 28, 2008, the Resident Agent of the Enforcement Bureau's Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to Kersnowski for offering for sale non-certified CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules. Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act, and Section 2.803(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act. 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to: Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to: U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters "FORF" in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: [email protected] with any questions regarding payment procedures. Michael T. Kersnowski shall also send electronic notification on the date said payment is made to [email protected]. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Michael T. Kersnowski, at his address of record, and Michael Olson, his counsel of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832920002 (Enf. Bur., Western Region, Portland Resident Agent Office, released March 28, 2008). 47 U.S.C. S: 503(b). 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4). 47 U.S.C. S: 302a(b). 47 C.F.R. S: 2.803(a)(1). 47 U.S.C. S: 504(a). Federal Communications Commission DA 08-1754 1 2 Federal Communications Commission DA 08-1754 ************************************************** ********** :lol: :lol: :lol: :lol: :lol: :lol: :lol: (snicker, snicker) When Mr. Kersnowski received the FIRST citation he VOWED to fight the citation AND he was going to fight the Communications Act of 1934. According to the above, it sure is "quiet on the Western Front! LMAO!!!!!! He'll have to PAY the fine or go to JAIL!!!!!!! LMAO!!!!!!! RR tee hee tee hee, I feel so good when somebody gets in trouble, I'm such a loser I just gotta see people suffer, got any cheese?
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