1 STOP CB Shop Fined $7,000

[Shioda]

You are so full of shit.

Send me your email and I will send you the invoice.

You may think I don't know what I am talking about, but I have more experience in the legality of 10 meter radios than anyone on this board.

 

[C2]

I said it looked very authentic, no sarcasm intended...

My question is where and why would they be using connex radios?

 

[Sonwatcher]

Some have said some gov agencies don't have to follow FCC rules. But the sale of these radios is against Federal treaty and custom laws which are outside of FCC rules . Why are they allowed to purchase something not allowed by Federal Treaty and Custom Laws to be sold or offered for sale in the US and its territories ?

 

[mackmobile43]

Some have said some gov agencies don't have to follow FCC rules. But the sale of these radios is against Federal treaty and custom laws which are outside of FCC rules . Why are they allowed to purchase something not allowed by Federal Treaty and Custom Laws to be sold or offered for sale in the US and its territories ?

If that were so then it would be up to another gov agency to enforce the possesion of illegal contraband and not the fcc.

All the fcc has the right to enforce is the unlicensed transmission in certain frequencies and should not confiscated the equipment.

 

[Peddler]

 

[Shioda]

There is no federal treaty prohibiting the sale of these radios. The FCC's regulations prohibit the importation or offer of sale equipment which is in violation of the regulations. Back in the early 90's several HAM shops were fined for selling the Kenwood TS-50 because it was too easy to modify to work out of band. The FCC eventually dropped the cases because they could not prove a violation of the regulations.

 

[Sonwatcher]

I may have miss-spoke when I used the word "treaty". Are you saying there are no Customs Laws regarding these ?

FEDERAL COMMUNICATIONS COMMISSION UNVEILS
JOINT CRIMINAL INVESTIGATION
The Federal Communications Commission, in conjunction with the United States
Attorney's Office for the Western District of Michigan and the United States Customs
Service, today announced the existence of an ongoing joint investigation. During the past
four years, the FCC and the Customs Service have conducted a national and international
investigation into the manufacture, importation, distribution, and sale of illegal electronic
devices...

There are two types of electronic equipment that are the primary subject of the
investigation - illegal transceiver radios (CB radios) and power amplifiers. The FCC has
established regulations and technical requirements for the operation of electronic equipment to
ensure the orderly enjoyment of the airwaves. The illegal CB radios and power amplifiers
cause interference with electronic communications, such as radio, television, and telephone
transmissions and reception. Each year, the FCC receives tens of thousands of complaints
from the public involving interference from such equipment.
There are two sources of the illegal equipment - domestic manufacturers and foreign
manufacturers. The domestic manufacture and sale of illegal equipment is a violation of 47
U.S.C. 302(a) and 501 (FCC statutes prohibiting devices that cause harmful interference),
and 18 U.S.C. 371 (conspiracy), 1001 (false statements), 1341 (mail fraud), and 1342
(wire fraud). The importation and distribution of the illegal equipment is a violation of all the
above statutes and 18 U.S.C. 542 and 545 (Customs violations for false declarations upon
importation and importation of contraband).

The investigation and prosecution of other manufacturers, importers, and distributors
continues. The investigation is being headed by FCC Field Agent Michael Rhine and Special
Agent Peter Latham of the U.S. Customs Service.

 

[mackmobile43]

hahaha

 

[Sonwatcher]

Here is the U.S. Code that deals with the Customs part of the issue-

18 USC Sec. 545 01/02/2006
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 27 - CUSTOMS
STATUTE
Whoever knowingly and willfully, with intent to defraud the
United States, smuggles, or clandestinely introduces or attempts to
smuggle or clandestinely introduce into the United States any
merchandise which should have been invoiced, or makes out or
passes, or attempts to pass, through the customhouse any false,
forged, or fraudulent invoice, or other document or paper; or
Whoever fraudulently or knowingly imports or brings into the
United States, any merchandise contrary to law, or receives,
conceals, buys, sells, or in any manner facilitates the
transportation, concealment, or sale of such merchandise after
importation, knowing the same to have been imported or brought into
the United States contrary to law -
Shall be fined under this title or imprisoned not more than five
years, or both.
Proof of defendant's possession of such goods, unless explained
to the satisfaction of the jury, shall be deemed evidence
sufficient to authorize conviction for violation of this section.
Merchandise introduced into the United States in violation of
this section, or the value thereof, to be recovered from any person
described in the first or second paragraph of this section, shall
be forfeited to the United States.

It's strange that the USCG can violate the above and we paid for them .

 

[Shioda]

The Coast Guard did not import the transceivers, therefore they did not violate the statute. There is no regulation that prohibits anyone from buying Amateur radios, like the Connex. The regulations only prohibit use without a license. Probably the Coast Guard bought the radios so they can listen to broadcasts by the shrimpers that use them on the Gulf.

 

[DIRTYWHITEBOY]

Do you have nothing more to offer?

 

[DIRTYWHITEBOY]

I would say the Coast Guard heard about those famous Gator Amps made in Tifton so they ordered some nice exports to build some keydown mobiles.Now they can get beyond the horizon when at sea.

 

[Robb]

Here is the U.S. Code that deals with the Customs part of the issue-



It's strange that the USCG can violate the above and we paid for them .

Right.
And what is worse, is that they should say that someone who buys, operates such a radio - after import duties are paid on them to the US gov't - should also be found guilty. Clearly, the gov't is going wild with levying penalties, fines and taxes. I would rather they just go straight themselves - rather than to criminalize its citizens and continue with this pretext...

 

[Sonwatcher]

I realize one may operate them with a license. But what sticks out to me is that if I didn't have a license and had one in my home and for some other reason the FCC came to inspect my station and saw it hooked up for "listening" ,as the Coast Guard, I would be cited for presumed unauthorized use of an illegal transceiver .

 

[Shioda]

I realize one may operate them with a license. But what sticks out to me is that if I didn't have a license and had one in my home and for some other reason the FCC came to inspect my station and saw it hooked up for "listening" ,as the Coast Guard, I would be cited for presumed unauthorized use of an illegal transceiver .

You would not be cited just for listening. Guaranteed. You have the right to possess any Amateur radio on the market or to even build your own transceiver and there is nothing the FCC can do about it.