While I don't condone these illegal operations he make it appear it is a major problem which it is not. That's face it hams don't use the portion of 10 meters where these illegal operations take place. While I missed the lost of 11 meters by one year we lost 11 meters because of lack of use. The same thing can happen if the hams continue to not use that portion of 10 meters. (quote)

NOT using "that" portion of 10 Meters? HA!!!!!! Since when? MANY of us use it regularly! And that portion where we often find the drivers is reserved for digital modes such as Morse, RTTY and non-voice modes. That's part of the confusion WRT truckers. They listen to 'channel 19, 2 up" on their band switch and think,
"that's a quiet 'channel' in the freeband I can use". But it is NOT. That "noise" he hears and wonders what it is IS hams talking to each other with those NON-voice modes. But drivers only know about talking on a CB where everyone talks nonstop! So he hears that noise ("brrrrr-up") and thinks, "ah, that's just a noise." But it is NOT!

And it makes it EASY for the hams (like the ones that reported Smith Transport) to document the truckers' activities to FCC!

They don't BELONG there! They are not WELCOME there! And they CAN be hit HARD for yapping there. If they want to operate there, then they can EARN the privilege by following the law, testing for the privilege like a lot of trucking hams have done.

KC0IV says no one has been fined for talking on 10 Meters. Back in a few minutes with one....................... :D

RR

OK, here it IS!

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 ) ) FORFEITURE ORDER Adopted: February 14, 2007 Released: February 16, 2007 By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION

1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of two thousand five hundred dollars ($2,500) to Larry J. Duckworth for willful and repeated violation of Section 301 of the Commission's Act of 1934, as amended ("Act").

The noted violation involves Mr. Duckworth's operation of an unlicensed radio transmitter.

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.

2. On December 15, 2006, the Atlanta Office issued a Notice of Apparent Liability for Forfeiture to Mr. Duckworth in the amount of ten thousand dollars ($10,000) for the apparent willful and repeated violation of Section 301 of the Act.

Mr. Duckworth submitted a response to the NAL requesting a reduction or cancellation of the proposed forfeiture based on his inability to pay.

III. DISCUSSION 3. The proposed forfeiture amount in this case was assessed in accordance with Section 503(b) of the Act, Section 1.80 of the Rules, and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement").

In examining Mr. Duckworth's response, Section 503(b) of the Act requires that the Commission take into account 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.

4. 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.

5. 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.

6. 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.

4. 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.

5. 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. Thus, based on the evidence, we find that Mr. Duckworth willfully and repeatedly violated Section 301 of the Act by operating a radio transmitter, his CB transmitter, without the required authorization from the Commission.

6. In his response to the NAL, Mr. Duckworth asserts that a $10,000 forfeiture would produce a financial hardship and requests that the forfeiture be cancelled or significantly reduced. The Commission has determined that, in general, an entity's gross revenues are the best indicator of its ability to pay a forfeiture.

After reviewing Mr. Duckworth's financial documentation, we conclude that a reduction of the forfeiture to $2,500 would be appropriate.

7. We have examined Mr. Duckworth's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mr. Duckworth willfully and repeatedly violated Section 301 of the Act. Although cancellation of the proposed monetary forfeiture is not warranted, reduction of the forfeiture amount to $2,500 is appropriate based on Mr. Duckworth's demonstrated inability to pay.

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 and 1.80(f)(4) of the Commission's Rules, Larry J. Duckworth IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand five hundred dollars ($2,500) for violation of Section 301 of the Act.

While this particular one does not refer to 10 Meters directly, there ARE others that do. If you think you CAN'T get fined, keep thinking that............!


RR

Do you really think people are going to read this garbage? Get over your self righteousness and go bug a HAM operator web site. I'm sure you'll find plenty of other geeks to agree with your rants.

[quote="greg3564

I'm hold multiple FEMA ICS certifications. It's funny, FEMA doesn't have HAM ops ANYWHERE in the Incident Command System. Why? Untrained hobbyists who usually have no formal training. I was trained that we were to disregard HAM ops as the information was rarely accurate and disorganized. HAM ops during a major crisis just isn't what it used to be. And that is because of the advances in communications technology.

So what were the HAM ops doing in New Orleans? Sitting in a flooded house calling for help? Public safety can have mobile repeater systems up in no time. Not all the repeater towers were "blown over." Most urban repeaters are actually mounted atop buildings and they were still intact and operating under generator power after Katrina.

I didn't want a pissing match.

My point is, while HAM still has some benefit, it is hardly is the tool it once was. The other thing is how guys like you and radio ray get all up in arms when your hobby is interrupted by heathens with no license. For crying out loud all a HAM radio is, is a glorified CB.[/quote]

Hmm, lets see, thru my ARES affiliation, I have been certified in serveral of FEMA's ICS protocols. We are also on a first call list with EMComm services are needed anywhere in Texas. Just a couple of weeks ago when Dean was in the Carribean and they activated the Emergency Preparedness plan for South Texas, over 100 HAMS were activated and given assignments to cover various functions in South and Central Texas. There is a structure in FEMA's ICS protocal for volunteer Emergency Communicators and a training structure for such. The EmComm groups are under the control and guidance of the Regional ICS, such as ARCC for the San Antonio and surrounding area. HAM's are also heavily used by the Red Cross, Salvation Army and other similiar organizations.

So that being said, I would suggest you catch up on the history and future of HAM Radio and trained Volunteer Emergency Communications Operators.

And as for Katrina, the main point of communication out of New Orleans and between 3 police substations for over a week were truck drivers that are licensed HAM's that were stuck in NO after the storm. Get it, Truck Drivers legally licensed to operate on the Amatuer Radio frequencies.

For the individual that was saying Amatuer Radio is not important! Funny, this area thought they were quite important and valuable. Recent article from the ARRL, there are many more like this! Just to stir the ignorance pot some more, :wink: !

==> MICHIGAN HAMS ACTIVATED DUE TO STORMS AND TORNADO

On Friday, August 24 at 5:15 PM (EDT), the National Weather Service issued a severe thunderstorm warning for Genesee County. This storm produced two tornados in the mid-Michigan area that caused severe damage to several towns. The greatest damage occurred in the City of Fenton located just south of Flint. The NWS confirmed that an EF2 tornado had touched down and had torn a path 26 miles long and up to 0.5 miles wide through Livingston, Oakland, Genesee and Lapeer County, damaging at least 250 homes and businesses. An EF2 tornado, using the Enhanced Fujita scale, is a wind estimate of 110-135 MPH in a three-second gust. More than 12,000 people lost power due to the storms.

Before the tornado hit, Michigan's Genesee County ARES and SKYWARN were activated due to a severe thunderstorm watch. The storm moved into the county with such heavy rain that visibility dropped down to zero at several points. Funnel clouds were seen in the western part of the county, but these could not be confirmed. The NWS issued a Tornado Warning based on confirmed sightings in the adjacent counties to the west, as well as reports from their Doppler radar.

As spotters continued to watch the storm, Randy Bond, N8VDS, spotted the funnel heading for Fenton and reported it to the NWS via his ham radio; Fred Moses Jr, W8FSM, confirmed the sighting. Moments later, the Genesee County 911 central dispatch center received a call that the roof on the brand new Tractor Supply Company store in Fenton had caved in and that the tornado had touched down. About half of the Fenton Community Center's roof was blown off, and debris from the building blew across the road to Fenton United Methodist Church.

Genesee County 911 called out the fire departments and activated their Fire Coordination Plan. Ham radio spotters have an agreement with Genesee County fire departments to provide supplemental communications for the departments. Hams were providing communications via the SKYWARN net and the Fire Coordination net.

As the county's fire departments started to move toward the building collapse in Fenton, hams were already on the scene. Bond and Mike Schafer, KB8RVP, shifted gears from weather spotters to Fire Coordination operators. At the request of the fire chief at the scene, Bond went to the Fenton City fire station and, using ham radio, assisted their dispatch center; the storm had damaged their radio fire communications tower, so Bond and Schafer started working dispatch for them using their ham radios until the dispatch center was able to resume normal fire communications.

Jerry Baker, KD8AYL, was next to arrive on the scene at the collapsed building and after meeting with the Incident Commander, Baker was assigned the task of setting up radio communications with more ARES volunteers in the Flint region.

As more reports of damage came in, the Fenton City and Township Fire Department became overloaded; their crippled communications tower did not help matters. ARES Emergency Coordinator for Genesee County Greg Ybarra, N8HXQ, coordinated the response during this incident and put out a call for help to District 3 Emergency Coordinator Greg Allinger, WA8OGJ. Allinger contacted other ARES units in the state, and Amateur Radio operators from nine Michigan counties responded to the Fenton area to help.

Evaluation of the damage started immediately after the storm. Baker was reassigned to a relief shelter to aid the Red Cross. What would normally have been a drive of less than 10 minutes took almost an hour due to trees and power lines down everywhere. "Trees as much as 36 inches in diameter and more than 100 years old had been ripped out of the ground by the storm; regular electric power was out and the damage reports just never seemed to end," he said.

The Genesee County Office of Emergency Management activated their Mobile Command Unit. The MCU has an Amateur Radio station in it, as well as radios for all public service organizations. The city set up a command post in the parking lot of the Fenton City fire department and began operations from there. Michigan State Police responded to the area and instituted an 8 PM curfew for everyone. State and local police set up road blocks. Access was restricted to police, fire, National Guard, Red Cross, Salvation Army or ARES.

ARES volunteers worked with all aspects of the incident. Damage reports and assessments continued until 1:30 AM Saturday when the Incident Commander determined everyone should break until 5:30 AM to get some rest.

i can't beleive i read all of this bullshit, i must be bored.

What is bullshit? The fact that one person has actually shown anothers ignorance in that he did not know what he was spouting off about or the fact that there are actually people left in this country that make a difference on a daily basis. It amazes me the number of people that can spew BS day in and day out, but cannot back it up when challenged.

Or maybe it is the fact that some people actually use equipment in the way it was designed to be used, in a meaningful and useful manor. Other than just a forum for some coward to hide behind a mic and tell the world he forgot to put his panties on.

??????

There ya go....a society with no panties....thats the problem here. Get some brass and put on Boxers or Briefs and leave them panties where you found em.

I didnt say hams were unimportant. I said it was a dying hobby and those frequincies could have a better use. I also said truck drivers would have a more important use for some of those bands.
I was mearly pointing out that there are better technologies for communicating nowadays.
For the record im a local storm spotter here in NW arkansas, I have never had the need for a ham radio after a big storm.

First off, amateur radio is NOT "dying". This is a feeble myth promoted by the CB afficiendos either to try to "balance" the scales WRT to legitimacy and validity. or to justify their often illegal and unethical actions. The facts ARE: "amateur radio has remained more or less steady since 1959 with numbers of about 600,00 + or - for all this time. If it were NOT for amateur radio, you wouldn't even HAVE a CB: Marconi, if you use the definition of experimenter and "ham", WAS the FIRST ham from which ALL radio was born.

Next, to look at the best utilization of frequencies, within the trucking industry, you already HAVE other radio resources that are are barely used, or not at all. To compare such utilization of the amateur community and CB is to look at a vastly different outlook on how radio is to be used. CB radio is an appliance used in the same as a TV set or a steam iron. You turn it on, select a "channel" and talk. There is no provision for training or organization within CB and chaos reigns supreme.
Indeed, the "solution" in the minds of the CBer is MO POWAH, MO CHANNELS, MO THIS, MO THAT! To the untrained mind, all that "MO" stuff is the cure. All it does is create more interference, more noise, more hash and trash and nobody knows why. So it then becomes a never-ending cycle of gimme, gimme, gimme! 'I need MO channels"! NO you don't! YOu'll just hash and trash them like the existing ones. "I need MO POWAH so I can talk over the next guy". No you don't! "I needs them
'10 Meter channels' so I can talk because I am more important than the other guy (after all, I've got this big truck, so it makes me BIG and IMPORTANT! :D ) While I know some of us won't LIKE these words, they are still TRUE!!!! The honest-to-gosh truth is, CB operators don't utilize what they HAVE already efficiently and effectively!!!!! The CB 'hobby' doesn't NEED "more"!!!!! :shock: Out of the 40 channels, only a FEW are crowded! That's because birds of a feather flock together!
If the CB channels were quiet, what do you think's gonna happen? THE CB OPERATOR IS GOING TO WHERE THE NOISE AND ACTION IS!!! :D He's not going to sit there listening to a "dead" channel, right? Therefore, you have a huge bunch on 19, for example, and only a few on the others (with the exception of Ch 6--the raison d'etre escapes me!) So it then also becomes a contest of wills and 'I am bigger than you'. Bigger amp, more 'channels', more muffled audio, more to make up for what portion of the op's anatomy is lacking. Drivers could take advantage of MURS and FRS to get quiet, FM transmission and VHF propogation that gets RID of a lot of the noise, the hash and the "skip". To so many, the ability to talk TO and OVER long distance stations is an attraction, but it only makes the overall performance of CB WORSE. One example of this is the use of 500 watt amplifiers simply to talk to the truck right in front, and it simply is born of ignorance of how radio should work. You are MAKING your own problems that more "channels" will not cure, and more power only makes worse! The low wattage, VHF stuff is ideal because, quite simply, more people can occupy the frequency at a given time and at a given distance from each other. IOW, only so many people are going to be affected by you (and vice versa) because of the lack of "skip".
So USE what you have more effectively. Learn as a group how to make your usage better.

Finally, getting "channels" away from the hams is a pipe dream. Not meant as a flame; just a fact. There are some reasons for this. 1) CB radio is a "dead" technology inso far as development is concerned; it is "stuck" right where it was in 1958! Cellphones, computer terminals, instant messaging, fax----all have taken the role that CB had in 1958. 2) It has somewhat peed in its own grits by engaging in illegal activity FAR more than any other radio service, and proven that it has to be CONTAINED, not expanded lest it create more problems for other users (such as the theft of 28 MHZ). 3) Amateur radio still provides a vital link in disaster communications, public service, and is designed to keep a reserve of radio operators who have a basic knowledge of radio and electronics in time of war. IOW, while they are civilians, they are also dedicated to the hobby and to the advancement of radio. 4) The assignment of frequencies is not JUST a "USA" thing, but is also an international matter under something called ITU (International Telecommunications Union). This is how nations determine how best to utilize and assign frequency resources thru agreements, treaties, and special rulings. The US is a signatory to these treaties and agreements, and we couldn't just "hand over them 'channels'" if we wanted to without causing an international incident. The 10 Meter band is one of those heavily regulated bands where we can't just give frequencies away WRT the USA. 5) Contrary to popular CB myth, there is NO such thing as a 'freeband', and much of the area between 27.405 and 28.000 is controlled by something called NTIA (National Telecommunications & Information Authority/Agency). This agency trumps FCC and controls all government and military communications, and all resources in that area ARE assigned. Just because you don't HEAR something that sounds like talking doesn't mean it's OK for you to yap there! :) If they want to use those frequencies, they are NOT required to yield to you and the one time they found you on there, $10,000+ is pretty steep!

RR

I AGREE with you! Power is a much over-rated thing when as little as 2 watts will get you over 1000 miles at times! And I don't understand the hams that run the full gallon no matter the conditions. I NEVER do that, and I have an AL811 Ameritron sitting on the desk. I almost never even turn it on because my barefoot 100 watts is more than sufficient 99% of the time. Unnecessary power creates more problems than it solves including interference to other stations.

RR

Legal operating hams do not use 2000 watts, first off! I have communicated with Australia and Europe on voice with only 20 watts PEP, and several other countries with only 5 watts using digital (i.e. Morse Code), I can talk to anyone in the U.S. on HF with less than 50 watts.

I would have to get the frequency chart out, but legally I think the highest Permissible Legal power on any band is 1500. So either you are guessing at watts, basically mistaking it for a well tuned antenna, or the individuals you are speaking of are operating illegally, and more than likely without a license.

Yes, I am fairly new, and focus on what is technically correct for current regulations. Not sure what part of the country you are from, but two of the largest organizations in my area have teams that will come down quick on operators operating outside of the regs. And since the area is fairly well self-policed, the FCC rarely has to intervene. Our area also has a very large presence of operators that are active in Emergency Communications, so I have several experience Elmers to draw from.
Correct, the antenna has nothing to do with wattage, but it has everything to do with communicating at long ranges without having to use high wattages. Although I am not completely versed in all the theories, I have built and used several 2m/70cm j-poles and a couple of other types that have made me very good contacts in places that I would have never thought my little old radio could reach.

Did you leave this paragraph out for a reason, quoted from your Wiki article.

"Morse code is the only digital modulation mode designed to be easily read by humans without a computer, making it appropriate for sending automated digital data in voice channels, as well as making it ideal for emergency signaling, such as by way of improvised energy sources that can be easily "keyed" such as by supplying and removing electric power (e.g. by switching a breaker on and off)."

Still not a digital mode even though a digital signal may send the morse code for you.

OK, you will need to explain for my pea brain! Not sure what part of this paragraph does not clarify the thought"

"Morse code is the only digital modulation mode designed to be easily read by humans without a computer, making it appropriate for sending automated digital data in voice channels, as well as making it ideal for emergency signaling, such as by way of improvised energy sources that can be easily "keyed" such as by supplying and removing electric power (e.g. by switching a breaker on and off)."


If not for Samuel Morse, the binary language we know today as digital would not exist. Binary is a series of 1's and 0's, on and off, or vice versa, cannot remember for sure. Morse Code is, and has been credited numberous times as being the original digital code.

So if there is some clarification to the contrary that I am not seeing, please feel free to elaborate and quote your sources, please. Thank You

As you have learn and I'm sure you will learn alot more many thing in "ham radio" go beyond simple rules and regulations and being technically correct. Having been in "ham radio" since 1959 and having a commercial license since 1972 I have found many things not in the rules and regulation.

Most of the "hams" are pretty much self-policed. In addition the FCC don't spend much time on either "ham radio" nor CB.

As to antennas. I've build everything from an 80 meter 2 element beam to a quad 40 element array beam for moon bounce. In addition I build a dish wire stressed antenna for 2300 Mhz.

Now on a different subject.

The difference between a "binary" signal and an "morse code" signal has to do with element lenght. All "binary" signal have fixed lenght elements. The on time is equal to the off time. "Morse Code" on the other hand has different element lenghts. The lenght of the elements depends on which "morse code" is being used.

A couple examples.

"Binary" See: http://en.wikipedia.org/wiki/Binary_code as I said have fixed lenght elements. All elements have the same spacing (on time/off time). The number of characters depends on what what code is being used. "Baudot" was the first See: http://en.wikipedia.org/wiki/Baudot_code then along came other codes such as "Extended Binary Coded Decimal Interchange Code" See: http://en.wikipedia.org/wiki/EBCDIC and http://en.wikipedia.org/wiki/ASCII plus many others.

Your quote Has a slight error. Many people can understand "Baudot" without a computer. My dad could copy "Baudot" code simply by hearing the code. Many of the Radiomen in the Navy had no problem copying the code.

As to "Samuel Morse" being the inventor of "morse code." He was a co-inventor with "Alfred Lewis Vail" See: http://en.wikipedia.org/wiki/Alfred_Vail and the referenced article http://en.wikipedia.org/wiki/Morse_code.

kc0iv

All this crap about the 10-meter radios makes me wanna go buy one and just drive around with it keyed up while listening to XM channel 150...

If it technical stuff bothers you, then don't read it. Go over to the jokes forum and screw up their day.

GOOD! Just makes it easier for the authorities to CATCH you! If you think they WON'T bother you, then you haven't been reading the recent actions! The local hams will be more than GLAD to drop a dime if you play around on 10 Meters. That's the whole reason for these posts; to warn people away because it isn't like it used to be. PLENTY of warning letters being sent to companies! Somebody said something about no fines (yet). Well, what does it TAKE? If I got a WARNING letter from FCC, am I going to be so stupid as to NOT stop transmitting out of band? Every company thus far who HAS been sent a warning, has cooperated fully with FCC by making drivers get rid of the "10 Meter" radios, and issuing a BAN on such illegal equipment in their trucks. There have been drivers FIRED for disobeying this ban. So what else will it take? About the time some scofflaw DOES get hit with $10,000 fines, then it'll be crying time for sure! (And snickering time for those who have been interfered with by illegal operators who are so "big and bad" their sh-- don't stink!) :D

All the licensed people want is for folks to go back to the 40 channels where they belong and stay OFF where they don't belong! (10 Meters, etc)

RR

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

FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU NORTHEAST REGION
Detroit Office 24897 Hathaway Street
Farmington Hills, Michigan 48375

August 16, 2007

(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
Seldon Turner
Batavia, Ohio

NOTICE OF UNLICENSED OPERATION

Case Number: EB-07-DT-140 Document Number: W20073236006

The Detroit Office received information that your Citizens Band ("CB") Radio Service station was being operated illegally and causing interference in Batavia, Ohio. On May 16, 2007, an agent from this office inspected the radio station at your residence and confirmed that you were operating a Galaxy DX88HL radio in your vehicle and a galaxy Saturn in your home, which are non-certified CB transceivers. By using these non- certified transceivers, you voided your authority to operate this station.

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.
You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment.

(see 47 U.S.C. S:S: 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY.

You have ten (10) days from the date of this notice to respond regarding the operation of your CB station. Your response should be sent to the address in the letterhead and reference the listed case and document number. Under the Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply. You may contact this office if you have any questions.

James A. Bridgewater
District Director Detroit Office

Attachments:

Excerpts from the Communications Act of 1934, As Amended

Enforcement Bureau, "Inspection Fact Sheet", July 2003

In addition, you had the following non-certified CB transmitters in your home that could be easily hooked up for transmitting: Delta Force Magnum and a Mirage 88.

Also present in your home were the following CB radio frequency amplifiers: Homemade 200 and Lafayette Mobile. The CB radiofrequency amplifiers ("Linears") could easily be hooked up.

The use of these devices also void your authority to operate.

Call 1-800-RADIORAYHASNOLIFE !! :roll: :roll:

Did you understand the difference that makes something digital or morse code?

And you belive that?

Here the BIG BAD "reddio" operator shows in the above statement. There are reasons to believe exactly that.

1. The companies have NO vested interest in supporting the illegal activity of its drivers when it clearly can result in large fines to the company itself.

2. The company is responsible for anything illegal in their trucks both regards equipment and the actions of its drivers. NO sane company is going to pay thousands for the actions of rogue drivers. They would not hesitate to FIRE a driver over this issue and at least ONE DID! (Cheetah Transportation) A defiant company risks getting not only FCC, but US DOT involved should they not take FCC's warnings (or fines) seriously.

3. The FCC Special Counsel for Amateur Enforcement IS a ham, so he, along with being a certified attorney, has a vested interest in seeing that companies comply with FCC directives and orders. I know this man pretty well (his hometown is about 30 miles from me) and he will NOT take kindly to having his official actions ignored. IOW, a company who gets a letter of warning, citation or fine had durned well BETTER respond to official FCC correspondence! Someone remarked that no "fines" had been issued to trucking companies (yet), let me tell you, ignoring ANY FCC letter, request for information, warning, or action is a SURE-fire way to GET a fine. :shock:


Let's say a company such as Smith above, or UPS (another company who got lettered) gets a letter of warning to which they must respond in 30 days (normal). Mr H. receives a call from the company asking what they must do to forstall further actions against the company. They will be told that they are to have ALL "10 Meter" radios, any other illegal equipment, other radios that allow for transmitting OFF the CB band without license removed. They then are srrongly advised to issue an internal policy memo to all drivers PROHIBITING these "10 Meter" radios in the company's trucks, with a copy forwarded to FCC's file. Now, a driver says,

"I ain't gettin' rid of MY 'big' radio! The company can kiss my a--"!

So he goes out and transmit again on the 10 Meter band, and a licensed amateur operator sees it and sends another complaint to FCC! NOW! The Feds have it on record that the company promised to remove the equipment and STOP the drivers from operating off CB. The next step is a visit from bonefide FCC agents to one or more terminals where it is very likely that a fine will ensue.

Once again, it boils down to the fact that the companies have every reason to obey all US laws, they don't NEED any additional hassles from the law, ergo they are, according to FCC, very cooperative in having the illegal radios removed from their trucks. It is interesting to note that no companies have (to my knowledge) been caught twice twice transmitting on the 10 Meter band, and I assure you that, should this happen, the licensed operators would not hesitate to do their dead level best to urge the Feds to issue such fines! Is your JOB worth the risk?


RR

Here's a copy I made from another thread. As you can see, the FCC isn't devoting thousands of agents like Radio Ray would have you believe.

Hey RadioRay,

Might as well let them do as they please, between the FCC and DOT, eventually they will get caught.

Tuesday, 9/11 of all days, the Slaton, TX Weight Station, Texas DOT confiscated 7 modified radios and linears. First hand from the DOT officer (a licensed HAM and very knowledgable in radio electronics) involved in the inspections.

These guys seem to think that only the FCC is looking for illegal operations! They could not be further from the truth. I have seen, read, or heard about these confiscations in Pennsylvania, Arizona, California and now Texas.

Any bonehead that has a linear sitting in plain view on the dash or hanging from the console is just asking to get checked.

Let them keep it up! Truck drivers want respect, better pay, and the government to stay off their tails, but they choose not to follow the rules and regulations.

Somewhere in the last year or so, my favorite radio tech closed his store in Oklahoma, because he got tire of being hassled by the FCC. Someone came in wanting some off the wall mods done, he refused, and the next thing you know he had been reported as doing illegal modifications. Which he never did! He was great at standard peak and tunes (which are legal, at legal power) and fantastic at finding electircal circuit issues. Now I have to send him my Cobra 148 by UPS to get it fixed.

Several other mod shops are facing the same issues, and many have gone underground to keep from the hassles involved with keeping a shop.

These guys choose not to be educated, so it wil be their loss!

I'd be interest in knowing what grounds A Texas D.O.T.officer could confiscate any radio other than a RADAR detector. Or any other D.O.T. officer.

Last time I checked D.O.T.officers were state employee not Federal employees. And in many states their police powers is very limited.

I haven't read or heard of the F.C.C. giving police powers to any other office. Maybe you could enlighten us as to where and where this occurred.

To "peak and tune" a radio requires a F.C.C. General Radiotelephone Operator License which I have. I think you will find the majority of these shops do not have the required license.


BTW countryhorseman Did you understand my exclamation on the difference between "morse code" and "binary".


kc0iv

I believe I put the when and where in the post. Care to read it again. I guess I did fail to mention that the DOT officer, was from the FMCSA. Law enforcement officers, regardless of their status, local, state, federal, or sworn to uphold the laws of this country, for one. Second, when federal inspection officers are involved in the inspections, it is there juridictions.

I case you have not noticed, state and federal enforcement in all the south border states has been greatly enhanced in the last two weeks. Pennsylvania State Police have done several such confiscations during inspections in the last several months. There was an interesting article in the Harrisburg paper (online) 4-5 weeks ago. Citations for the illegal equipment were issued and the equipment confiscated for evidence.

A commercial motor vehicle operated interstate is and does fall under federal enforcement, regardless if it is a state or federal officer doing the inspections.

As I stated earlier, keep doing what your are doing, legal or not, it makes me no real difference. Since it is not a matter if you (or whoever) is caught, but when.

Have a nice day!

Since you care so little..why are you here?

Seems I left a few words out of my post. It should of said --- As far as trucking and illegal radios is concerned I could care less. --- And besides who else would RadioRay be able to talk to?

kc0iv

kc0iv,

although you quoted a regulations that is in fact accurate, you are trying to justify specifics to one set of laws or regulations. the laws and regulations that govern this and many other industries are such a cob web of confusion, they can and will cross jurisdictional boundaries. I have personally seen the radios and other devices that had been confiscated in Pennsylvania.

I do not know for sure what the specific rule, law or regulation was in which that had been allowed to confiscate the equipment, as I was glad to be given a wave through and get out of there, but I do not it is being done.

As far as you operating legally, I do not believe I have ever stated as such. As when I refer to those operating illegal equipment, I have tried to word the statements as general in nature.

I am not for certain, but I would be led to believe that the FCC has interoperational agreements with other enforcement agencies to an extent. As I do not have the time to research that point at this time, I will emphasize it is based on knowledge of agreements with other agency's within our governmental framework.

I believe he is here, to possibly help others through his past experiences and knowledge of the industry. Not everyone has to be a currently active member of the industry, to have something useful to offer the industry.

I for one have learned from him, although we have differing opinions, his post have been of use and knowledge. Many of his post have actually been a challenge to prove the intent of another poster, which can be beneficial to all.

Much like RadioRay's intent, from what I have read is more to educate and inform of activities taking place, not so much to condemn those that partake in those activities. It amazes me how many people have no interest in the content, that choose to attack him, or anyone else on those issues. If they are not interested in the subject matter, there is much more to read in these forums.

My two cents worth on that!

You said:
Read the following: posted by countryhorseman


kc0iv