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-   -   Smith Trucking Company Told to stay OFF the 10 Meter band (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/29181-smith-trucking-company-told-stay-off-10-meter-band.html)

RadioRay 08-23-2007 01:13 PM

Smith Trucking Company Told to stay OFF the 10 Meter band
 
Folks, once again, if you are operating one of those illegal "10 Meter" radios and using the mythical "freeband", you must remember that the 10 Meter band is NOT for unlicensed users. And another company has been told to get and keep their drivers OFF 10 Meters. See below.

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



1

FEDERAL COMMUNICATIONS COMMISSION

Enforcement Bureau

Spectrum Enforcement Division

1270 Fairfield Road

Gettysburg, Pennsylvania 17325-7245

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

August 7, 2007

Smith Trucking, Inc.

2719 Morgantown Road

Smithfield, PA 15478

ATTN: Theodore Smith

SUBJECT: WARNING NOTICE - UNLICENSED RADIO OPERATION

Case #EB-07-SE-3061

Dear Mr. Smith:

Information before the Commission indicates that your drivers have been
operating radio equipment without a license on the frequency 28.535 MHz
and causing interference to licensed stations in the Ten Meter Amateur
Band.

The drivers were observed operating unlicensed in April and May 2007 on
Route 19 between the Fairmont, West Virginia area and the Haywood power
plant near Shinnston, WV.

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

You are requested to contact me at 717-338-2502 to discuss this matter.

Sincerely,

W. Riley Hollingsworth

Special Counsel

cc: FCC Northeastern Regional Director

- 2 -

MADLUX 08-23-2007 01:54 PM

:roll:

greg3564 08-23-2007 05:20 PM

Ah jeez! This makes my head hurt. :roll: :roll: :roll: :roll: :roll: :roll:

RadioRay 08-25-2007 11:53 AM

Why would it make one's head hurt? It is simply that the operation of those so-called "10 Meter" radios on the CB band is against the law, AND it is against the law to transmit ON the 10 Meter band without an FCC license to do so! There is actually NO such thing as a "freeband" contrary to popular CB myth and legend. Almost EVERY frequency between 26.000 and 26.965, 27.405 IS assigned to other services. The 10 Meter band is assigned internationally to the Amateur Radio Service. Unlicensed station may NOT transmit there, and doing so can bring fines of up to $10,000 PER instance! And it HAS happened VERY recently to CB operators who thought they were "safe" from FCC enforcement or, "they can't find ME"! :shock:

There are 600,000 licensed amateur radio operators in the USA alone, and these operators, particularly those who are authorized to use the 10 Meter band, are upset at the presence of unlicensed stations on their frequencies. They even go so far as to quietly follow truck drivers who are literally stealing something that doesn't belong to them and record/ write down the truck's info to report to the FCC. As you see above, the FCC WILL ACT against the company whose driver is "caught" and require that the "10 Meter" radio be removed from the truck. Should a driver continue to talk on 28 MHZ, he will be caught again, and a fine is sure to ensue!

Your BEST bet is to use an approved (FCC sticker on the back) 40 channel CB radio and stay OFF any "funny" channels! Who knows, YOU could be next! I sure wouldn't want to have to explain to my boss why I caused him to get a certified letter from the FCC threatening to fine his company! :cry:

RR

Fredog 08-25-2007 12:42 PM


Originally Posted by RadioRay
Why would it make one's head hurt? It is simply that the operation of those so-called "10 Meter" radios on the CB band is against the law, AND it is against the law to transmit ON the 10 Meter band without an FCC license to do so! There is actually NO such thing as a "freeband" contrary to popular CB myth and legend. Almost EVERY frequency between 26.000 and 26.965, 27.405 IS assigned to other services. The 10 Meter band is assigned internationally to the Amateur Radio Service. Unlicensed station may NOT transmit there, and doing so can bring fines of up to $10,000 PER instance! And it HAS happened VERY recently to CB operators who thought they were "safe" from FCC enforcement or, "they can't find ME"! :shock:

There are 600,000 licensed amateur radio operators in the USA alone, and these operators, particularly those who are authorized to use the 10 Meter band, are upset at the presence of unlicensed stations on their frequencies. They even go so far as to quietly follow truck drivers who are literally stealing something that doesn't belong to them and record/ write down the truck's info to report to the FCC. As you see above, the FCC WILL ACT against the company whose driver is "caught" and require that the "10 Meter" radio be removed from the truck. Should a driver continue to talk on 28 MHZ, he will be caught again, and a fine is sure to ensue!

Your BEST bet is to use an approved (FCC sticker on the back) 40 channel CB radio and stay OFF any "funny" channels! Who knows, YOU could be next! I sure wouldn't want to have to explain to my boss why I caused him to get a certified letter from the FCC threatening to fine his company! :cry:

RR




http://i206.photobucket.com/albums/b...0meter.jpg.png

08-26-2007 01:05 PM

this guy needs a hobby

Malaki86 08-26-2007 01:08 PM


Originally Posted by jedfxg
this guy needs a hobby

He seems to have one - unfortunately for us...

Useless 08-27-2007 03:08 AM


Originally Posted by jedfxg
this guy needs a hobby

This guy needs a LIFE!! :P

Useless 08-27-2007 03:11 AM

For More Information Regarding The 10 Meter Band & Radio Ray,

Call:


1-800-RADIORAYHASNOLIFE

Useless 08-27-2007 03:18 AM


Originally Posted by RadioRay
Why would it make one's head hurt? It is simply that the operation of those so-called "10 Meter" radios on the CB band is against the law, AND it is against the law to transmit ON the 10 Meter band without an FCC license to do so! There is actually NO such thing as a "freeband" contrary to popular CB myth and legend. Almost EVERY frequency between 26.000 and 26.965, 27.405 IS assigned to other services. The 10 Meter band is assigned internationally to the Amateur Radio Service. Unlicensed station may NOT transmit there, and doing so can bring fines of up to $10,000 PER instance! And it HAS happened VERY recently to CB operators who thought they were "safe" from FCC enforcement or, "they can't find ME"! :shock:

There are 600,000 licensed amateur radio operators in the USA alone, and these operators, particularly those who are authorized to use the 10 Meter band, are upset at the presence of unlicensed stations on their frequencies. They even go so far as to quietly follow truck drivers who are literally stealing something that doesn't belong to them and record/ write down the truck's info to report to the FCC. As you see above, the FCC WILL ACT against the company whose driver is "caught" and require that the "10 Meter" radio be removed from the truck. Should a driver continue to talk on 28 MHZ, he will be caught again, and a fine is sure to ensue!

Your BEST bet is to use an approved (FCC sticker on the back) 40 channel CB radio and stay OFF any "funny" channels! Who knows, YOU could be next! I sure wouldn't want to have to explain to my boss why I caused him to get a certified letter from the FCC threatening to fine his company! :cry:

RR

RadioRay:

Why do I get the distinct inpression that as a child, you were quite adept at playing the role of Classroom Snitch??

Isn't there a radio talk show, or some other place for you to go to annoy people??

08-27-2007 05:19 AM


Originally Posted by Useless
Why do I get the distinct inpression that as a child, you were quite adept at playing the role of Classroom Snitch??

Isn't there a radio talk show, or some other place for you to go to annoy people??[/color]

Your mean Useless. I'm going to tell two people about you and tell them to tell two people then before you know it there will be lots of people telling on you then your going to be in real big trouble. They will probably reward me with chrome or something and you, well, you will be in really big trouble.

Useless 08-27-2007 05:27 AM


Originally Posted by SteveBooth

Originally Posted by Useless
Why do I get the distinct inpression that as a child, you were quite adept at playing the role of Classroom Snitch??

Isn't there a radio talk show, or some other place for you to go to annoy people??[/color]

Your mean Useless. I'm going to tell two people about you and tell them to tell two people then before you know it there will be lots of people telling on you then your going to be in real big trouble.


Uh, OHHH!!!! :nervous:

Then, after you tell two people who go tell two more people, who find two more people to tell on me, then you can turn them all into Amway snitches!!

:D :D

Sheepdancer 08-27-2007 08:34 AM

I cant imagine why anyone would want to use those radios anymore as a hobby. Sure 20-30 years ago, Im sure it was "neato" to be able to talk to people all over the country and even the world. But nowadays we have the internet where you can instantly talk to people all over the world for virtually free. Plus we all have cell phones.
I say just go ahead and open up those bands for truckers. They have more important uses for it than some radio "hobbyists"

Honestly, I cant see an amatuer radio operator passing his hobby down to his kids...
Dad: Son, come out here to the garage and I want to indroduce you to the exciting world of 10 meter. Where you can talk to people from all over world. Sometimes there is only a little static.
Son: Sorry dad, cant right now. Im on the internet, video chatting with some hot chick in Amsterdam and I think shes about to take off her top!

08-27-2007 09:17 AM

HA HA HA HA HA HA

LMAO

RadioRay 08-27-2007 09:37 AM


Originally Posted by Sheepdancer
I cant imagine why anyone would want to use those radios anymore as a hobby. Sure 20-30 years ago, Im sure it was "neato" to be able to talk to people all over the country and even the world. But nowadays we have the internet where you can instantly talk to people all over the world for virtually free. Plus we all have cell phones.
I say just go ahead and open up those bands for truckers. They have more important uses for it than some radio "hobbyists"

Honestly, I cant see an amatuer radio operator passing his hobby down to his kids...
Dad: Son, come out here to the garage and I want to indroduce you to the exciting world of 10 meter. Where you can talk to people from all over world. Sometimes there is only a little static.
Son: Sorry dad, cant right now. Im on the internet, video chatting with some hot chick in Amsterdam and I think shes about to take off her top!

"honestly", your lack of knowledge of the radio world is showing and is contained within the circumference of your steering wheel! :twisted: You only know of "10 Meters" or "11 Meters" and ONLY because you saw them in some truck stop. When your "internet" is DOWN, your CELLPHONE doesn't WORK, and your computer is DEAD, those hams will still be on the air passing vital traffic into and out of disaster areas during hurricanes, fires, floods and other events. Ten Meters is a small part of the frequency resources allocated to hams! And, no, it will never be "opened up" to truckers or the CB crowd. It is an INTERNATIONAL allocation governed by treaties, and the USA is only ONE signatory to these agreements.

Now. The real TRUTH is, CB radio has PLENTY of "channels". Forty is MORE than enough! :shock: The trouble is, the USERS cannot, or WON'T manage what they have! Birds of a feather flock together, and on any given day, you can flip thru 1-40, and with few exceptions, a FEW channels will be VERY busy; the rest QUIET as a tomb! WHY? Because people assemble where the action is. CH 19, for example. More than enough of these "followers" must have attention, so they use an amplifier because 1) they just gotta be LOUD to make up for deficiencies in their phallic region and 2) because they think that if they aren't LOUD, they won't be noticed. Yet, if people shunned the use of amplifiers, EVERYBODY would be heard (with a little courtesy like it used to be). If they were on one of the quiet frequencies, nobody would know just how important he is! So EVERYBODY flocks to a FEW channels, WAY too many people try to be "Mr BIG", and FEWER folks get heard. They MAKE their own noises, howls, screeches and roars because they don't KNOW any better! To them, the solution is MO' POWA, MO CHANNELS and when they "get" those, they proceed to screw up those, too because they have no training, and on and on and on; more power, more screwdrivered radios, and more and more "channels" they didn't need in the FIRST place so they can booger up them, too, and SCREEE, HOOOWL, ROOOAARRRR! On and on and on and on.

Ten Meters is allocated to the Amateur Radio service, both domestically and internationally. It is not going to change! Operating on 10 Meters is simply going to getcha CAUGHT! :shock: Maybe even FIRED!!! Only you can decide if it is worth the risk!

OH, btw! Those radios you call "10 Meter" 'amateur' radios? They aren't REAL amateur radios at all. They are exactly what FCC found them to be and why they are illegal to sell--illegal to USE on CB! A REAL amateur radio does NOT have "channels". They do not have "bands" of channels to cover ONE band! "Channels" are marks of a civilian APPLIANCE, one that is set up previously for untrained operators.
REAL amateur "10 Meter" radios do not have rebel flags and echo and 'talkback" (a silly device if ever there was one). NOPE! Your so-called "10 Meter 'amateur' radio is a chrome-faced CB radio for an illegal CB market and is noted as such on FCC's Office of Technology site!!!!!

Insist on talking on 28 Mhz, and you will pay the price eventually!

RR

Twilight Flyer 08-27-2007 10:16 AM


You only know of "10 Meters" or "11 Meters" and ONLY because you saw them in some truck stop. When your "internet" is DOWN, your CELLPHONE doesn't WORK, and your computer is DEAD, those hams will still be on the air .....
Yeah, but when that happens, drivers can just go out and get in their trucks and use the 10 meter band. :P

century451 08-27-2007 11:30 AM

Actually on the internet you dont get to hear distress calls at sea or listen to hams in other countries plead for assistance due to war or castatrophys or any number of things like transmissions from Everest or the radio room of the Queen Mary. And if your good at code you get to relay the message to mom and dad that their sons and daughters are safe in war zones or arrived safely at a distant duty station.

One other part of the hobby is doing home brew....hams are always building and experment with circuits and things and believe it or not...they stumble onto new technology in communications and satilites. More of a community service and humanitarian than just a stupid hobby of talking to people long distant

kc0iv 08-27-2007 01:44 PM

RR said:

A REAL amateur radio does NOT have "channels". They do not have "bands" of channels to cover ONE band! "Channels" are marks of a civilian APPLIANCE, one that is set up previously for untrained operators.
I guess RR the ICOM 706 MkIIG isn't a REAL amateur radio since it has "Number of memory channels. : 107 (99 regular, 6 scan edges, 2 call channels)"

Or how about the Yaesu FT-450. It has "
500 Regular Memories."

How many more HAM radios do you want me to list that has channels? Do you want me to list all the 2 meter radios that are setup for channels operations?

And while we are talking about illegal CB operations on "10 meters". How many of these illegal CB operations on "10 meters" have received fines?

Why don't you clean up 75 meters. There are tons of illegal operations on 75 meters. Like the old adage says: "people who live in glass houses should not throw stones"

kc0iv

RadioRay 08-27-2007 02:34 PM


Originally Posted by kc0iv
RR said:

A REAL amateur radio does NOT have "channels". They do not have "bands" of channels to cover ONE band! "Channels" are marks of a civilian APPLIANCE, one that is set up previously for untrained operators.
I guess RR the ICOM 706 MkIIG isn't a REAL amateur radio since it has "Number of memory channels. : 107 (99 regular, 6 scan edges, 2 call channels)"

Or how about the Yaesu FT-450. It has "
500 Regular Memories."

How many more HAM radios do you want me to list that has channels? Do you want me to list all the 2 meter radios that are setup for channels operations?

And while we are talking about illegal CB operations on "10 meters". How many of these illegal CB operations on "10 meters" have received fines?

Why don't you clean up 75 meters. There are tons of illegal operations on 75 meters. Like the old adage says: "people who live in glass houses should not throw stones"

kc0iv


No. Note you said MEMORIES. The difference is, "Channels" for the CB market are PRE-determined by the manufacturer. The USER cannot change these at will--at least not easily or random. MEMORIES are slots into which specific frequencies may be programmed AT WILL by the user for quick recall. They may also CHANGED by the user at will and at random. The so-called "10 Meter" radios (the ones that LOOK like a CB, have "bands" of 'channels' to cover ONE band are CB radios; they LOOK like a CB, they echo like a CB, they "talkback" like a CB. NO amateur radio built today has to have "bands" of "channels" to cover ONE band; indeed, most all HF transceivers now will tune continuiously from 500 KHZ to 30 MHZ without the benefit of 'bands'. The false "10 Meter" radios give away their true purpose with their "bands" of channels.

"Tons" of illegal operators on 75 meters is subject to one's interpretation.
Those who are operating illegally usually get caught pretty quick. The subject here was the use of those illegal "10 meter" radios whose purpose is to defeat the regulations by providing more "channels" and power than allowed for CB radio. They often end up ON the 10 Meter band where the licensed users catch drivers talking there and turn them into FCC.

kc0iv 08-28-2007 01:04 AM

RR, It appears your operation of 75 meters must be limited. There is guys on 75 meters operating for years illegally and seem to have not got "caught".

You might want to look-up "memories" and "channels" in a dictionary.

BTW: Notice the ICOM says "Number of memory channels." Yes they are programmable but once programmed they function as "channels."

I'll ask you again RR.
How many of these illegal CB operations on "10 meters" have received fines? You have posted maybe a half dozen of these letters in the last couple years. So I would think you should be able to show one or two that have received fines. Or is it really not as bad has you seem to think it is? It sure isn't much of a problem to show where "hams" have received fines. When you compare the number of "hams" vs the number of "CBer" there should be more "CBers" fines.

As I have said in the past the FCC really doesn't take this matter serious or as serious as you think it is is or they are about the dumbest people around. If they really wanted to put a stop to these illegal operations a quick "google" search would yield hundreds of locations that sell these illegal radios.

In my opinion what you are doing with these postings is turning people away from ham radio. Giving ham radio a bad name at least in the trucking industry. I would suggest you spend time "elmering" a few of these truckers. Instead of turning them off to ham radio. There are truckers every week or two posting questions that an "elmer" could answer. So unless you are posting by another user name I haven't seem you answer any of these questions.

kc0iv

Sheepdancer 08-28-2007 02:12 AM


"honestly", your lack of knowledge of the radio world is showing and is contained within the circumference of your steering wheel! You only know of "10 Meters" or "11 Meters" and ONLY because you saw them in some truck stop. When your "internet" is DOWN, your CELLPHONE doesn't WORK, and your computer is DEAD, those hams will still be on the air passing vital traffic into and out of disaster areas during hurricanes, fires, floods and other events. Ten Meters is a small part of the frequency resources allocated to hams! And, no, it will never be "opened up" to truckers or the CB crowd. It is an INTERNATIONAL allocation governed by treaties, and the USA is only ONE signatory to these agreements.
Im not a truck driver so you would be wrong. I have NEVER personally owned a CB nor seen a 10 meter or whatever in a truckstop. In fact my extensive experience with CB radios would come from 1974 when my dads new station wagon came with one and my little sister and me would sneak out to the garage, turn it on and say things like "POO POO" to truck drivers.
If a huge disaster happens and my power, internet and cell phones go out, I will be too busy shooting looters to worry about what some old guy is saying on a radio. Which also brings up the fact that since I like millions of other people, dont own a radio reciever with those bands..I wouldnt care or even think of what you could be possibly saying on it.
Again, your little hobby is most likely dying. Young people today just dont care about 1940's technology and speaking with 90 year old men sitting in their garages.

AGAIN....give those frequincies to the truck drivers, they have more important work to do than some radio hobbiest!

Sheepdancer 08-28-2007 02:21 AM


Actually on the internet you dont get to hear distress calls at sea or listen to hams in other countries plead for assistance due to war or castatrophys or any number of things like transmissions from Everest or the radio room of the Queen Mary. And if your good at code you get to relay the message to mom and dad that their sons and daughters are safe in war zones or arrived safely at a distant duty station.
Distress calls at sea--- Why do I need to hear those? Unless the coast guard is giving me a paycheck, that sounds pretty boring.
Other countries pleading for assistance--- I see enough of that on late night infomercials.
Transmitions from everest--- I have the Discovory channel
Radio room from the queen mary--- YAWN zZzZzZz Snore.
Soldiers at war--- They now have internet access and cell phones during war. My good buddy has been in iraq for a long time now....he emails me at least twice a week and calls at least twice a month. He contacts his family ever more than that.

greg3564 08-28-2007 04:15 AM


Originally Posted by century451
Actually on the internet you dont get to hear distress calls at sea or listen to hams in other countries plead for assistance due to war or castatrophys or any number of things like transmissions from Everest or the radio room of the Queen Mary. And if your good at code you get to relay the message to mom and dad that their sons and daughters are safe in war zones or arrived safely at a distant duty station.

Well there's much more advanced technology available to sailors, climbers on Everest, etc. Most of those people carry satellite phones now. I have to agree with sheepdancer that it's a dying hobby. But, if it's something you enjoy, keep doing it. :wink:

century451 08-28-2007 06:12 AM

There may be more technology but what you fail to understand is all those things I mentioned. Those radio calls sometimes are the only link to survival and rescue.

Sheepdancer 08-28-2007 06:43 AM


Originally Posted by century451
There may be more technology but what you fail to understand is all those things I mentioned. Those radio calls sometimes are the only link to survival and rescue.

Ok, if you are talking about "rescues" I could make the argument that truck drivers need to be rescued 1000 time more than people on Everest. So in reality, drivers have a more practical use for the 10 meters than anyone else.

Times change, technologies change. No need to hold on to your old ways.
Look at the UHF and VHF TV channels. In not too long Television stations will no longer be allowed to broadcast over them. Why? Because better technology has given us HDTV. Those frequincies will be then used for something else.

VitoCorleone99 08-28-2007 06:53 AM

I don't think I've ever seen nor heard a ten meter radio, but this conversation could have easily replaced the 'perpetual smallness' discussion in Nerds In Paradise.

"It's simple. You take an asymptotic line, and extend it outward." :lol:

Useless 08-28-2007 07:47 AM


Originally Posted by RadioRay

NOPE! Your so-called "10 Meter 'amateur' radio is a chrome-faced CB radio for an illegal CB market and is noted as such on FCC's Office of Technology site!!!!!

Insist on talking on 28 Mhz, and you will pay the price eventually!

RR

:roll: :roll:
Yeah, like we've really been deluged with drivers who have been snagged on this one!!

Guess they are all too busy hammering out license plates to post here, though!!

:P

Fredog 08-28-2007 08:24 AM


Originally Posted by Useless

Originally Posted by RadioRay

NOPE! Your so-called "10 Meter 'amateur' radio is a chrome-faced CB radio for an illegal CB market and is noted as such on FCC's Office of Technology site!!!!!

Insist on talking on 28 Mhz, and you will pay the price eventually!

RR

:roll: :roll:
Yeah, like we've really been deluged with drivers who have been snagged on this one!!

Guess they are all too busy hammering out license plates to post here, though!!

:P


You know, it's perfectly legal for a cb shop to sell a 10 meter radio to anyone, it's only illegal if it has been converted to get regular c b channels. even then. I'm not sure it's illegal to sell it. it's just illegal to use it without a license, I will look it up in the nerd law book next chance I get

century451 08-28-2007 09:44 AM

Well Sheepdancer I could care less about CB, or illegal truck driver transmissions. The only time it will get my attention is when it interferes with my enjoyment of a hobby That I legally am licenced to do. As long as it doesnt step on my transmissions or interferes with a conversation I am having I could care less.

What you people are saying is use it or lose it. Give the spectrum to truck drivers that will utilize it right?

RadioRay 08-28-2007 09:47 AM

Incorrect.

,,,,,,,,,,,snipped for brevity Note the following statement (quote): "IMPORTATION AND MARKETING INTO/WITHIN {THE UNITED STATES} IS
ILLEGAL PURSUANT TO SECTION 302(B) OF THE COMMUNICATIONS ACT AND SECTION2.803 OF THE RULES.
.


In view of the foregoing, the following "10-meter" transceivers are not acceptable for importation or marketing into/within the United States. Importation and marketing of these units is illegal pursuant to Section 302(b) of the Communications Act and Section 2.803 of the rules. Willful violations of the Rules and the Act may subject the violator to a monetary forfeiture of not more than $11,000 for each violation or each day of a continuing violation. The Commission continues to review this type of equipment, and additional makes and models may be added to this list in the future.

LIST OF TRANSCEIVERS

ILLEGAL TO IMPORT OR MARKET



NOTE FROM QTH.COM: This list was modified to include additional radios. Radios that were added are displayed with a hotlink to the documentation and/or reason for the addition
CONNEX - models: 3300, 3300 HP, 3300HP-ZX, 3300 PLUS, CX-3800, 4400, 4400 HP and 4800 DXL

GALAXY - models: DX33HML, DX44V, DX45MP, DX48T, DX55V, DX66V, DX73V, DX77HML, DX88HL, DX93T, DX95T, DX99V, DX2517, DX2527, Melaka, Saturn and Saturn Turbo

GENERAL - Grant, Stonewall Jackson, Lee, Washington

MAGNUM - models: 257, 357DX, Alpha force, Delta Force, Mini, S-3,

MIRAGE - models: 33HP, 44, 88, 99, 2950, 2950EX, 2970, 6600, 9900

NORTH STAR - models: NS-3000 and NS-9000

PRESIDENT - models: Grant, J.F.K., Jackson, Lincoln, HR-2510 and HR-2600

PRO STAR - model: 240

RANGER - models: AR-3500, RCI-2950, RCI-2950-DX (see below) and RCI-2970, RCI-6300, RCI-6300 Turbo, RCI-6900, RCI-6900 Turbo

RCI - model: RG-99

SUPERSTAR - model: 121, 3700, 3900, 3900 HP G, 3900 Gold, 4800, Grant

TEK - model: HR-3950

UNIDEN - models: HR-2510 and HR-2600

VIRAGE - model: 3300, 3300 HP, VX-38, VX-39,

For further information concerning the listed transceivers or similar models, contact Ray LaForge or Gary Hendrickson at the FCC Laboratory, 7435 Oakland Mills Road, Columbia, MD 21046, (301) 362-3041 or (301) 362-3043 respectively, or E-mail: [email protected] and [email protected]

Footnote: The Cobra 150 and 200 "export" radios, tho not on this version of the list, have been added along with certain "Stryker" models. IOW, if they have "bands" of 'channels', it indicates use on the CB band and likely is illegal to sell as well.[/i][/u]

Dealers such as Radioactive Radios, GI Joe's, David Pace, Pilot Travel Centers, Pro Class CB, Striker CB Shop, Hi Tech, Racoon's CB Shop, RP Communications, Ramko Distributors ($150,000 fine!) and a large list of OTHER dealers have been fined. Pilot settled their action for $90,000 and it was posted on the internet for all to see.

CBers have actually received HIGHER fines than the hams that 'operate allegedly illegally on 75 Meters. Like:

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 ...............................

snipped)

see www.fcc.gov/eb for details

OR

Mr Timothy Fullen.

WARNED to cease his illegal activities

Or................................................ .................................................. .

Before the Federal Communications Commission Washington, D.C. 20554 )
In the Matter of ) Donald Winton )
File Number: EB-07-HU-007 Licensee of Citizen Band Radio )
NAL/Acct. No.: 200732540003 Station ) FRN: 0016201386 Corpus Christi, Texas ) )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 23, 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 Donald Winton, licensee of a Citizen Band ("CB") radio station, in Corpus Christi, Texas, apparently willfully violated Section 95.426(a) of the Commission's Rules ("Rules") by failing to make his CB radio station available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mr. Winton is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. On February 21, 2007, in response to a complaint that a CB radio station in Corpus Christi, Texas was jamming communications on CB channel 19 by continually re-broadcasting the programming of a local AM broadcast station, an agent from the Commission's Houston Office of the Enforcement Bureau ("Houston Office") monitored communications on CB channel 19 in the Corpus Christi area. The agent observed a radio signal on CB channel 19 re-broadcasting the programming of a local AM broadcast station; and using radio direction finding techniques determined that the signal originated from an antenna mounted on a house in Corpus Christi, Texas. 3. Still on February 21, 2007, while the agent was making measurements on the radio signal from the CB radio station, Donald Winton exited the house and walked down the driveway. The agent introduced himself as an FCC agent, and requested to inspect the CB radio station inside the house. Mr. Winton confirmed this location was his residence and that the CB station belonged to him, but refused to make the station available for inspection. The agent advised Mr. Winton that the Commission's Rules require the operator of a CB radio station to make the station available for inspection. Mr. Winton still refused to make the station available for inspection. The agent then requested that Mr. Winton go inside and take the station off the air because it was blocking communications on CB radio channel 19. Mr. Winton walked into the house and the station's transmissions ceased. Mr. Winton returned and continued to refuse to make the station available for inspection, so the agent left the area. 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. 5. Section 95.426(a) requires that if an authorized FCC representative requests to inspect your CB station, you must make your station and records available for inspection. Mr. Winton admitted to an agent from the Houston Office that he had a CB radio station within his residence. In addition, Mr. Winton demonstrated he had access to and control of the station by entering his residence and turning the transmitter off, while the agent waited outside. On February 21, 2007, in response to several requests by agent to inspect his station, Mr. Winton refused to make his CB station available for inspection. 6. Based on the evidence before us, we find that Mr. Winton apparently willfully violated Sections 95.426(a) of the Rules by failing to make his CB radio station available for inspection. 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 failing to permit inspection is $7,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(E) 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 Donald Winton is apparently liable for a $7,000 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, Donald Winton is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 95.426(a) of the Rules. 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, Donald Winton 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, 9597 Jones 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 Donald Winton at his address of record. FEDERAL COMMUNICATIONS COMMISSION


OR................................................ ...............................


June 1, 2006
Hugh H. Horne
1725 Holston Drive
Bristol, TN 37620


Subject: Warning Notice--Unlicensed Radio Operation
Dear Mr. Horne:

Information before the Commission indicates that you have been operating radio equipment without a license on 27.465, 27.555, 27.575, 27.585, 27.615 and 27.895 MHz. Those transmissions are causing interference to licensed stations in the 10-meter amateur band.

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


You are requested to contact me at 717-338-2502 to discuss this matter.

cc: FCC South Central Regional Director

Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 C.F.R. S 95.426(a). 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 95.426(a) 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)(E). 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 95.426(a). ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 3 Federal Communications Commission

And the list goes on a LOT further. Lately, more actual FINES to CBers than hams.


Again, this thread was supposed to address ONE issue, not argue hams vs CBers. The use of 10 Meters by unlicensed operators is illegal and can result in fines. The use of warnings and citations is the first resort. Most of the time, this is sufficient as the intent is to simply get the unlicensed operators OFF the 10 meter band where they have NO business. It doesn't mean that you can simply IGNORE those warnings and think nothing else will happen. THAT is how some of those CBers above got popped for 10,000 bucks; they thought the feds wouldn't come after them again. They DID! :shock:

The objective is still to get truckers to stay OFF bands for which they have no license or authorization. Anyone is more than welcome to obtain the proper license and operate within the rules of amateur service. Once that is done, there is NO quarrel with anyone so long as you obey the rules. Operate your CB ON the CB band. THat's all!


RR

Sheepdancer 08-28-2007 10:05 AM


Originally Posted by RadioRay
Incorrect.

,,,,,,,,,,,snipped for brevity Note the following statement (quote): "IMPORTATION AND MARKETING INTO/WITHIN {THE UNITED STATES} IS
ILLEGAL PURSUANT TO SECTION 302(B) OF THE COMMUNICATIONS ACT AND SECTION2.803 OF THE RULES.
.


In view of the foregoing, the following "10-meter" transceivers are not acceptable for importation or marketing into/within the United States. Importation and marketing of these units is illegal pursuant to Section 302(b) of the Communications Act and Section 2.803 of the rules. Willful violations of the Rules and the Act may subject the violator to a monetary forfeiture of not more than $11,000 for each violation or each day of a continuing violation. The Commission continues to review this type of equipment, and additional makes and models may be added to this list in the future.

LIST OF TRANSCEIVERS

ILLEGAL TO IMPORT OR MARKET



NOTE FROM QTH.COM: This list was modified to include additional radios. Radios that were added are displayed with a hotlink to the documentation and/or reason for the addition
CONNEX - models: 3300, 3300 HP, 3300HP-ZX, 3300 PLUS, CX-3800, 4400, 4400 HP and 4800 DXL

GALAXY - models: DX33HML, DX44V, DX45MP, DX48T, DX55V, DX66V, DX73V, DX77HML, DX88HL, DX93T, DX95T, DX99V, DX2517, DX2527, Melaka, Saturn and Saturn Turbo

GENERAL - Grant, Stonewall Jackson, Lee, Washington

MAGNUM - models: 257, 357DX, Alpha force, Delta Force, Mini, S-3,

MIRAGE - models: 33HP, 44, 88, 99, 2950, 2950EX, 2970, 6600, 9900

NORTH STAR - models: NS-3000 and NS-9000

PRESIDENT - models: Grant, J.F.K., Jackson, Lincoln, HR-2510 and HR-2600

PRO STAR - model: 240

RANGER - models: AR-3500, RCI-2950, RCI-2950-DX (see below) and RCI-2970, RCI-6300, RCI-6300 Turbo, RCI-6900, RCI-6900 Turbo

RCI - model: RG-99

SUPERSTAR - model: 121, 3700, 3900, 3900 HP G, 3900 Gold, 4800, Grant

TEK - model: HR-3950

UNIDEN - models: HR-2510 and HR-2600

VIRAGE - model: 3300, 3300 HP, VX-38, VX-39,

For further information concerning the listed transceivers or similar models, contact Ray LaForge or Gary Hendrickson at the FCC Laboratory, 7435 Oakland Mills Road, Columbia, MD 21046, (301) 362-3041 or (301) 362-3043 respectively, or E-mail: [email protected] and [email protected]

Footnote: The Cobra 150 and 200 "export" radios, tho not on this version of the list, have been added along with certain "Stryker" models. IOW, if they have "bands" of 'channels', it indicates use on the CB band and likely is illegal to sell as well.[/i][/u]

Dealers such as Radioactive Radios, GI Joe's, David Pace, Pilot Travel Centers, Pro Class CB, Striker CB Shop, Hi Tech, Racoon's CB Shop, RP Communications, Ramko Distributors ($150,000 fine!) and a large list of OTHER dealers have been fined. Pilot settled their action for $90,000 and it was posted on the internet for all to see.

CBers have actually received HIGHER fines than the hams that 'operate allegedly illegally on 75 Meters. Like:

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 ...............................

snipped)

see www.fcc.gov/eb for details

OR

Mr Timothy Fullen.

WARNED to cease his illegal activities

Or................................................ .................................................. .

Before the Federal Communications Commission Washington, D.C. 20554 )
In the Matter of ) Donald Winton )
File Number: EB-07-HU-007 Licensee of Citizen Band Radio )
NAL/Acct. No.: 200732540003 Station ) FRN: 0016201386 Corpus Christi, Texas ) )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 23, 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 Donald Winton, licensee of a Citizen Band ("CB") radio station, in Corpus Christi, Texas, apparently willfully violated Section 95.426(a) of the Commission's Rules ("Rules") by failing to make his CB radio station available for inspection. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Mr. Winton is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. On February 21, 2007, in response to a complaint that a CB radio station in Corpus Christi, Texas was jamming communications on CB channel 19 by continually re-broadcasting the programming of a local AM broadcast station, an agent from the Commission's Houston Office of the Enforcement Bureau ("Houston Office") monitored communications on CB channel 19 in the Corpus Christi area. The agent observed a radio signal on CB channel 19 re-broadcasting the programming of a local AM broadcast station; and using radio direction finding techniques determined that the signal originated from an antenna mounted on a house in Corpus Christi, Texas. 3. Still on February 21, 2007, while the agent was making measurements on the radio signal from the CB radio station, Donald Winton exited the house and walked down the driveway. The agent introduced himself as an FCC agent, and requested to inspect the CB radio station inside the house. Mr. Winton confirmed this location was his residence and that the CB station belonged to him, but refused to make the station available for inspection. The agent advised Mr. Winton that the Commission's Rules require the operator of a CB radio station to make the station available for inspection. Mr. Winton still refused to make the station available for inspection. The agent then requested that Mr. Winton go inside and take the station off the air because it was blocking communications on CB radio channel 19. Mr. Winton walked into the house and the station's transmissions ceased. Mr. Winton returned and continued to refuse to make the station available for inspection, so the agent left the area. 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. 5. Section 95.426(a) requires that if an authorized FCC representative requests to inspect your CB station, you must make your station and records available for inspection. Mr. Winton admitted to an agent from the Houston Office that he had a CB radio station within his residence. In addition, Mr. Winton demonstrated he had access to and control of the station by entering his residence and turning the transmitter off, while the agent waited outside. On February 21, 2007, in response to several requests by agent to inspect his station, Mr. Winton refused to make his CB station available for inspection. 6. Based on the evidence before us, we find that Mr. Winton apparently willfully violated Sections 95.426(a) of the Rules by failing to make his CB radio station available for inspection. 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 failing to permit inspection is $7,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(E) 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 Donald Winton is apparently liable for a $7,000 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, Donald Winton is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) for violations of Sections 95.426(a) of the Rules. 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, Donald Winton 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, 9597 Jones 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 Donald Winton at his address of record. FEDERAL COMMUNICATIONS COMMISSION


OR................................................ ...............................


June 1, 2006
Hugh H. Horne
1725 Holston Drive
Bristol, TN 37620


Subject: Warning Notice--Unlicensed Radio Operation
Dear Mr. Horne:

Information before the Commission indicates that you have been operating radio equipment without a license on 27.465, 27.555, 27.575, 27.585, 27.615 and 27.895 MHz. Those transmissions are causing interference to licensed stations in the 10-meter amateur band.

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


You are requested to contact me at 717-338-2502 to discuss this matter.

cc: FCC South Central Regional Director

Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 C.F.R. S 95.426(a). 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 95.426(a) 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)(E). 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 95.426(a). ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 3 Federal Communications Commission

And the list goes on a LOT further. Lately, more actual FINES to CBers than hams.


Again, this thread was supposed to address ONE issue, not argue hams vs CBers. The use of 10 Meters by unlicensed operators is illegal and can result in fines. The use of warnings and citations is the first resort. Most of the time, this is sufficient as the intent is to simply get the unlicensed operators OFF the 10 meter band where they have NO business. It doesn't mean that you can simply IGNORE those warnings and think nothing else will happen. THAT is how some of those CBers above got popped for 10,000 bucks; they thought the feds wouldn't come after them again. They DID! :shock:

The objective is still to get truckers to stay OFF bands for which they have no license or authorization. Anyone is more than welcome to obtain the proper license and operate within the rules of amateur service. Once that is done, there is NO quarrel with anyone so long as you obey the rules. Operate your CB ON the CB band. THat's all!


RR

Zzzzzzzzzzzzzzzzzzzzzzzzzz

Im not about to read all that gooblyboop. I really just dont care. Truck drivers are goingt to continue to use 10 meters and really there is nothing you can do about it. Sure some really bored fcc agent might catch one out of 250,000 every year. But so what? Hell, your posts have almost encouraged me to go out and buy one just to have some fun with people like you

countryhorseman 08-28-2007 10:34 AM

I guess the next time a Katrina or a Greensburg, KS occurs, just to name a couple of recent catastrophic events, then the Amatuer (HAM) Radio Operators that were the first link to the non-effected world will not be needed, because of all your technoligy, that is not worth a darn when there is no electricity.

The majority of HAM operators see this as more than a hobby. There are thousands of truck drivers that are licensed HAM operators, that have on more than one occasion used their radios to pass on emergency information to the authorities - such as the National Weather Service, FEMA, and other law enforcement entities.

The fact that many of you do not understand the ability of HAM radio, does not give you the right to criticize those of us that do. There have been instances where illegal use of the frequencies have hampered Emergency Communications, which have been life or death. There are also frequencies in the 10 meter band that are used for military communication, interfere with that and they will find the violator and who know what the penalties can be.

Amatuer Radio is by far dieing as someone stated, in fact licensed operators have increased greatly, just this year due to license testing requirement changes.

In the CB (11 meter) Band - there are 120 legal channels 40 on AM, and 80 in the upper and lower side bands which are not fully untilized. That said, I have never been able to completely understand why people insist on using frequencies that that they are not licesed to use.

Anyhow, those that can will, it is not a matter of if they will get caught and fined, it is a matter of when. And yes, I have and will continue to report violators, as it is part of my duty as a licensed Amatuer Radio Operator. I person that lives about 3 miles from me had his mobile equipment confiscated and fined $10,000 for refusing to heed the FCC's warning. And the license only requires a test and $25.00 - go figure, guess you cannot fix stupid. Too bad I was the one that did not report him, it was his neighbor that he was fouling up her satellite tv. hmm, guess there are other bad bad law abiding folks out there.

Later, Have fun slammin this post.

greg3564 08-28-2007 10:55 AM


I guess the next time a Katrina or a Greensburg, KS occurs, just to name a couple of recent catastrophic events, then the Amatuer (HAM) Radio Operators that were the first link to the non-effected world will not be needed, because of all your technoligy, that is not worth a darn when there is no electricity.
Um, HAM radios need electricity too. I suppose you can use your batteries just like most electronic communications equipment does.


The majority of HAM operators see this as more than a hobby. There are thousands of truck drivers that are licensed HAM operators, that have on more than one occasion used their radios to pass on emergency information to the authorities - such as the National Weather Service, FEMA, and other law enforcement entities.
While this is still used, it's not nearly as important now as it was 20 years ago. With the wide, and often redundant, coverage of cell towers, radio repeater and better land lines HAM isn't as important.

I've spent the better part of 8 years in public safety and another 4 years in EMS and I can't ever recall one incident of a HAM operator reporting emergencies(except tornados to NWS). Even now severe weather reports are more likely to be reported via phone. Plus, with the advances made to radar, tornados are much more likely to be caught and a warning issued.


There have been instances where illegal use of the frequencies have hampered Emergency Communications, which have been life or death.
Can you provide an verifiable incident?



Anyhow, those that can will, it is not a matter of if they will get caught and fined, it is a matter of when.
Now that's funny. Our law enforcement can't even keep drugs off the street, illegals from crossing the border or catch common street criminals. But they'll catch that illegal radio operator? :lol:

[/quote]

countryhorseman 08-28-2007 11:08 AM


Originally Posted by greg3564

I guess the next time a Katrina or a Greensburg, KS occurs, just to name a couple of recent catastrophic events, then the Amatuer (HAM) Radio Operators that were the first link to the non-effected world will not be needed, because of all your technoligy, that is not worth a darn when there is no electricity.
Um, HAM radios need electricity too. I suppose you can use your batteries just like most electronic communications equipment does.


The majority of HAM operators see this as more than a hobby. There are thousands of truck drivers that are licensed HAM operators, that have on more than one occasion used their radios to pass on emergency information to the authorities - such as the National Weather Service, FEMA, and other law enforcement entities.
While this is still used, it's not nearly as important now as it was 20 years ago. With the wide, and often redundant, coverage of cell towers, radio repeater and better land lines HAM isn't as important.

I've spent the better part of 8 years in public safety and another 4 years in EMS and I can't ever recall one incident of a HAM operator reporting emergencies(except tornados to NWS). Even now severe weather reports are more likely to be reported via phone. Plus, with the advances made to radar, tornados are much more likely to be caught and a warning issued.


There have been instances where illegal use of the frequencies have hampered Emergency Communications, which have been life or death.
Can you provide an verifiable incident?



Anyhow, those that can will, it is not a matter of if they will get caught and fined, it is a matter of when.
Now that's funny. Our law enforcement can't even keep drugs off the street, illegals from crossing the border or catch common street criminals. But they'll catch that illegal radio operator? :lol:

[/quote]

Greg, you would argue with a concrete wall! Being that you live in Leander, I can see how you would not have had an incident situation where a HAM would have been of use.

Nearly all of my equipment is portable and operates off of battery or vehicle power. As for your redundant cell systems, where were they in New Orleans after 12 hours, were were they in Greensburg when the towers were laying on there sides.

Crap, I do not even why I am justifying your shit with an answer.

greg3564 08-28-2007 02:09 PM


Originally Posted by countryhorseman

Originally Posted by greg3564

I guess the next time a Katrina or a Greensburg, KS occurs, just to name a couple of recent catastrophic events, then the Amatuer (HAM) Radio Operators that were the first link to the non-effected world will not be needed, because of all your technoligy, that is not worth a darn when there is no electricity.
Um, HAM radios need electricity too. I suppose you can use your batteries just like most electronic communications equipment does.


The majority of HAM operators see this as more than a hobby. There are thousands of truck drivers that are licensed HAM operators, that have on more than one occasion used their radios to pass on emergency information to the authorities - such as the National Weather Service, FEMA, and other law enforcement entities.
While this is still used, it's not nearly as important now as it was 20 years ago. With the wide, and often redundant, coverage of cell towers, radio repeater and better land lines HAM isn't as important.

I've spent the better part of 8 years in public safety and another 4 years in EMS and I can't ever recall one incident of a HAM operator reporting emergencies(except tornados to NWS). Even now severe weather reports are more likely to be reported via phone. Plus, with the advances made to radar, tornados are much more likely to be caught and a warning issued.


There have been instances where illegal use of the frequencies have hampered Emergency Communications, which have been life or death.
Can you provide an verifiable incident?



Anyhow, those that can will, it is not a matter of if they will get caught and fined, it is a matter of when.
Now that's funny. Our law enforcement can't even keep drugs off the street, illegals from crossing the border or catch common street criminals. But they'll catch that illegal radio operator? :lol:


Greg, you would argue with a concrete wall! Being that you live in Leander, I can see how you would not have had an incident situation where a HAM would have been of use.

Nearly all of my equipment is portable and operates off of battery or vehicle power. As for your redundant cell systems, where were they in New Orleans after 12 hours, were were they in Greensburg when the towers were laying on there sides.

Crap, I do not even why I am justifying your $&!+ with an answer.[/quote]

Well I've only been in Leander for a little of a year. My experience was all in Las Vegas, NV. So I know a little something about communications during major events and times of crisis. 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.

Fredog 08-28-2007 02:30 PM


Originally Posted by greg3564

Originally Posted by countryhorseman

Originally Posted by greg3564

I guess the next time a Katrina or a Greensburg, KS occurs, just to name a couple of recent catastrophic events, then the Amatuer (HAM) Radio Operators that were the first link to the non-effected world will not be needed, because of all your technoligy, that is not worth a darn when there is no electricity.
Um, HAM radios need electricity too. I suppose you can use your batteries just like most electronic communications equipment does.


The majority of HAM operators see this as more than a hobby. There are thousands of truck drivers that are licensed HAM operators, that have on more than one occasion used their radios to pass on emergency information to the authorities - such as the National Weather Service, FEMA, and other law enforcement entities.
While this is still used, it's not nearly as important now as it was 20 years ago. With the wide, and often redundant, coverage of cell towers, radio repeater and better land lines HAM isn't as important.

I've spent the better part of 8 years in public safety and another 4 years in EMS and I can't ever recall one incident of a HAM operator reporting emergencies(except tornados to NWS). Even now severe weather reports are more likely to be reported via phone. Plus, with the advances made to radar, tornados are much more likely to be caught and a warning issued.


There have been instances where illegal use of the frequencies have hampered Emergency Communications, which have been life or death.
Can you provide an verifiable incident?



Anyhow, those that can will, it is not a matter of if they will get caught and fined, it is a matter of when.
Now that's funny. Our law enforcement can't even keep drugs off the street, illegals from crossing the border or catch common street criminals. But they'll catch that illegal radio operator? :lol:


Greg, you would argue with a concrete wall! Being that you live in Leander, I can see how you would not have had an incident situation where a HAM would have been of use.

Nearly all of my equipment is portable and operates off of battery or vehicle power. As for your redundant cell systems, where were they in New Orleans after 12 hours, were were they in Greensburg when the towers were laying on there sides.

Crap, I do not even why I am justifying your $&!+ with an answer.

Well I've only been in Leander for a little of a year. My experience was all in Las Vegas, NV. So I know a little something about communications during major events and times of crisis. 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]

if a couple of truck drivers talking on their 10 meters keep all of the hams
from communicating, then they either have soem really big radios or the hams have really rinky dinky ones.

century451 08-28-2007 05:10 PM

Its not just truck drivers that interfere. Its a growing problem all around the world on every freg. That includes government and police and fire. I dont know about the rest of the states but here in Missouri Most of the local government emergency equiupment is donated by and is maintained by hams.

Volunteers operate the equipment in time of need and usually are first responders with severe weather and reporting. Thats a lot of free labor for your city and county governments that you dont have to pay higher taxes to pay for. This is nothing more than a pissing match.

Ray thinks he is doing a service to you folks and instead of ignoring the thread or reading and going on....you got to stir the pot. Same for Ray....He thinks you dont understand what he is trying to tell you so the pot stirring has 2 big spoons in it.

If you think CBers using allocated spectrum set aside by the government for Ham radio is ok....then thats your oppinion. Thats because it doesnt affect any of you in the least because your not a Ham.

I dont drive truck anymore so all that freight you wont haul because you think its too cheap....the folks from accross that border have no problems hauling that freight. So dont cry the blues, the only difference between illegal CB use on the Ham bands and the Mexican drivers hauling your freight is the CBer is doing something in the eyes of the FCC is inappropriate.

kc0iv 08-29-2007 12:17 AM


Originally Posted by RadioRay
And the list goes on a LOT further. Lately, more actual FINES to CBers than hams.

most of post deleted.
RR

RR,

You still have failed to show ONE example where a illegal CBer "10-meter" transceivers was fined.

Which BTW is the topic being discussed.

If you want to discuss unlicensed radio transmission we can. But I suggest create a new thread.

kc0iv

kc0iv 08-29-2007 01:31 AM


Originally Posted by century451
Its not just truck drivers that interfere. Its a growing problem all around the world on every freg. That includes government and police and fire. I dont know about the rest of the states but here in Missouri Most of the local government emergency equiupment is donated by and is maintained by hams.

Volunteers operate the equipment in time of need and usually are first responders with severe weather and reporting. Thats a lot of free labor for your city and county governments that you dont have to pay higher taxes to pay for. This is nothing more than a pissing match.

Ray thinks he is doing a service to you folks and instead of ignoring the thread or reading and going on....you got to stir the pot. Same for Ray....He thinks you dont understand what he is trying to tell you so the pot stirring has 2 big spoons in it.

If you think CBers using allocated spectrum set aside by the government for Ham radio is ok....then thats your oppinion. Thats because it doesnt affect any of you in the least because your not a Ham.

I dont drive truck anymore so all that freight you wont haul because you think its too cheap....the folks from accross that border have no problems hauling that freight. So dont cry the blues, the only difference between illegal CB use on the Ham bands and the Mexican drivers hauling your freight is the CBer is doing something in the eyes of the FCC is inappropriate.


It has been my experience most equipment received by local government are surplus equipment. Most coming from Federal agencies. Most hams are not licensed to maintain this type of equipment.

In the old days of ham radio hams did indeed perform a service. But with the advances in modern equipment and the lack of knowledge of many of the newer hams those services has decreased.

Areas where ham radio still provide some what of a service is during major disasters in remote parts of the world.


As to RR he post here for what appears to be for only one reason. Get people off of 10 meters. I can't recall a single post he has made for any other purpose. I can't recall him ever attemping to help a driver other than to tell them to stay off 10 meters. That my friend turns people off.

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.


As to your statement:

If you think CBers using allocated spectrum set aside by the government for Ham radio is ok....then thats your oppinion. Thats because it doesnt affect any of you in the least because your not a Ham.

Well I am a ham and have been since 1959. And to be frank there are many other aspects of ham radio I see as needing corrected than the few illegal operations on 10 meters.

kc0iv

century451 08-29-2007 05:35 AM

Well I am from a small town and the radios, antenna and tower was donated by Hams and is maintained by the local club. I am not talking about county emergency police and fire comunications. I am talking about emergency prepardness.


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