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And a Warning from FCC

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C W Morse

Active Member
Apr 3, 2005
1,022
12
48
Retired
(They keep telling me FCC ain't got time to mess with CBers):biggrin:
**********************************************************

FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
NORTHEAST REGION
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48375
April 2, 2008
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
William VanTiem
Lexington, MI

NOTICE OF UNLICENSED OPERATION

Case Number: EB-08-DT-0055 Document Number: W200832360010

The Detroit Office received information that your Citizens Band ("CB") Radio Service station was being operated illegally and causing interference in Lexington, Michigan.

On March 26, 2008 agents from this office attempted to inspect your CB station but you weren't available. In a subsequent telephone call on March 28, 2008 with one of the agents, you admitted using a 350 watt CB linear amplifier. Section 95.411(a)(1) prohibits the use of external radio frequency power amplifiers (sometimes called linears or linear amplifiers). 47 C.F.R. S: 95.411(a)(1). Section 95.411(b) of the Rules provides that "use of a power amplifier voids your authority to operate the station." 47 C.F.R. S: 95.411(b). By using a CB linear amplifier, 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



CWM
 

" UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY"
...just get a license. even a tech license will allow you to operate up to 1500 watts on certain frequencies. and the FCC is helping by posting in caps what you need to do. GET A LICENSE !!!


WRONG. It is CB radio they are talking about not ham radio. It looks as if there was a typo in that anyway. Since when did CB have to be licensed anyway? My guess is that it should have read "IMPROPER OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY "
 
There is no "typo". A CB station is "licensed" by proxy so long as he follows the rules of Part 95. The moment a CB op violates a rule, he is not operating "UN-licensed", and that is what FCC is talking about.

If you read Part 95, you will find that it says that (*paraphrased) "by operation your CB station, you agree to follow ALL the rules, etc" and the moment you key the mike, you are "licensed" and subject to those rules. Another way to put it is, a CB station is under "blanket" authority of FCC, but is STILL subject to the rules same as if the station had a paper hanging on the wall!

CWM
 
See CW, that is where the confusion comes from. Why can't they just state in plain english instead of all the running around the bush with this "automatically licensed" BS. INO if you don't hold a piece of paper authorizing something you do not hold a license. I DO however understand what you are saying.
 
See CW, that is where the confusion comes from. Why can't they just state in plain english instead of all the running around the bush with this "automatically licensed" BS. INO if you don't hold a piece of paper authorizing something you do not hold a license. I DO however understand what you are saying.


:biggrin: WHY? Because the USER is responsible to READ Part 95 that states all the requirements for operating a CB station. Same as "I didn't READ the sign that said it was 25 MPH". Your ticket will still remain valid for driving 40, etc!:biggrin:

How many people NEVER even SEE Part 95? They just go out to Joe's CB Shop, grab up whatever the guy can convince them to buy, then slap it in and go to town! They rely on MYTH, CB legend and hearsay for their "rules"! Truth is, they don't WANT to know the truth; they are afraid of it!:drool: Instead we try to wriggle out of the rules, argue til we're blue in the face about how 'unfair' everything is, and won't even READ the rules to start with!:glare:

73

CWM
 
Ok fair enough. But does this type of stuff happen only to CBERS? If not? why the constant attack with smileys. If you like to report on dirty radio operators why not report on the hams too? we are not imune from being butt holes too.
 
Go to the FCC website. They list all warnings, violations and citations. Most are geared toward commercial businesses. There are a lot of unlicensed FM radio stations also. The kind that can be received on you car radio. In fact, Cb's seem to be a definite minority. All seem to be from people complaining first. If the FCC really wanted to crack down on Cb's all they would have to do is start showing up at these key down competitions. The word would get out real quickly. My humble $.02

http://www.fcc.gov/eb/Orders/
 
Good wording. "IF" they wanted too. They could do a lot IF they wanted too. But I guess they don't want too. So a couple of big busts to keep hams like CW happy and give his ilk something to crow about. But mostly business as usual.
 
Some hams get their rocks off reading about CBers getting busted by the law.
Whatever floats your boat.

I propose we all get out on 28.085 AM and call for K4KWH.
 
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Reactions: Turbo T
What would you say to that CW Morse? :w00t::lol:

Quote from Riley Hollingsworth: "You can't regulate STOOPID!":biggrin:

The hams just LOVE to pick off people that show up on the 10 Meter band without license. They'll be happy to drop the dime....................... (or email).


CWM
 
I thought that this part of PART 95 was interesting.....

§ 95.410 (CB Rule 10) How much power
may I use?
(a) Your CB station transmitter
power output must not exceed the following
values under any conditions:​
AM (A3)—4 watts (carrier power) SSB—12
watts (peak envelope power)
§ 95.411 (CB Rule 11) May I use power
amplifiers?
(a) You may not attach the following
items (power amplifiers) to your type accepted
CB transmitter in any way:
(1) External radio frequency (RF)
power amplifiers (sometimes called
linears or linear amplifiers); or
(2) Any other devices which, when
used with a radio transmitter as a signal
source, are capable of amplifying
the signal.​
652​
§ 95.412 47 CFR Ch. I (10–1–97 Edition)​
(b) There are no exceptions to this
rule and use of a power amplifier voids
your authority to operate the station.
(c) The FCC will presume you have
used a linear or other external RF
power amplifier if—
(1) It is in your possession or on your
premises; and
(2) There is other evidence that you
have operated your CB station with
more power than allowed by CB Rule
10, § 95.410.
(d) Paragraph (c) of this section does
not apply if you hold a license in another
radio service which allows you to
operate an external RF power amplifier.

I think that this is what CW was talking about.​
 
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