todt061458 said:
I still have a question How do you steal something you don't own? The 10 meters frequencies he thinks he owns.
Has anything really changed? you can still buy Export radios,the FCCis relaxing the rules on MFG of Amps, FCC will be allowing voice shortly on his 10 meter "cw" only portion of the band,Morse code as been declaired "just another mode", CW will be shortly removed from the testing to get a higher class lic. So what did ray win with all this ranting? not much I suppose.
Tod
You mean THIS sort of thing?
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-05-DV-584
Sapp Bros. Truck Stops, Inc. )
) Citation No.:
C20063280002
Commerce City, Colorado )
CITATION
Released: January 18, 2006
By the District Director, Denver District Office, Western
Region, Enforcement Bureau:
1. This is an Official Citation issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as
amended (``Act''),1 to Sapp Bros. Truck Stops, Inc., for
violation of Section 302(b) of the Communications Act, and
Section 2.803(a)2 of the Commission's Rules (``Rules'') for
marketing an unauthorized radio frequency device in the
United States. As explained below, future violations of the
Commission's Rules in this regard may subject your company
to monetary forfeitures.
2. Investigation by the FCC's Denver Office revealed
that on December 2, 2005, Sapp Bros Truck Stops, Inc., at
its Commerce City location, marketed an unauthorized radio
device, specifically a CB radio transceiver, Superstar model
SS-122, which has not been certificated for sale or use in
the United States.
3. Section 302(b) of the Act provides that ``[n]o
person shall manufacture, import, sell, offer for sale, or
ship devices or home electronic equipment and systems, or
use devices, which fail to comply with regulations
promulgated pursuant to this section.'' Section 2.803(a)(1)
of the Commission's Rules provides that:
``no person shall sell or lease, or offer for sale or
lease (including advertising for sale or lease), or
import, ship, or distribute for the purpose of selling
or leasing or offering for sale or lease, any radio
frequency device unless ...
n the case of a device
subject to certification, such device has been
authorized by the Commission in accordance with the
rules in this chapter and is properly identified and
labeled as required by § 2.925 and other relevant
sections in this chapter.''
4. Inspection of the device revealed that the unit
bore no FCC equipment authorization or any other unique
identification label as required by Section 2.925 of the
Rules for radiofrequency devices marketed in the United
States.3 A search of the FCC's equipment authorization
database showed no evidence that this device has been
certified. The device being offered for sale by Sapp Bros.
Truck Stops, Inc. is not approved for use in the United
States and therefore the marketing and/or sale of such
device in the United States is prohibited.
5. Violations of the Act or the Commission's Rules
may subject the violator to substantial monetary
forfeitures,4 seizure of equipment through in rem forfeiture
action, and criminal sanctions, including imprisonment.5
6. Sapp Bros. Truck Stops, Inc., may request an
interview at the closest FCC Office, which is Federal
Communications Commission, 215 S. Wadsworth Blvd., Suite
303, Lakewood, CO 80226, telephone 303-231-5212, to
schedule this interview, which must take place within 14
days of this Citation. Sapp Bros Truck Stops, Inc., may
also submit a written statement to the above address within
14 days of the date of this Citation. Any written
statements should specify what actions have been taken to
correct the violations outlined above. Please reference
file number EB-05-DV-584 when corresponding with the
Commission.
7. Any statement or information provided by you may
be used by the Commission to determine if further
enforcement action is required.6 Any knowingly or willfully
false statement made in reply to this Citation is punishable
by fine or imprisonment.7
8. IT IS ORDERED that copies of this Citation shall
be sent by First Class U.S.
Mail and Certified Mail, Return Receipt Requested to Sapp
Bros. Truck Stops, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nikki Shears
District Director, Denver District
Office
Western Region
Enforcement Bureau
_________________________
1 47 U.S.C. §§ 302a(b), 503(b)(5).
2 47 C.F.R. § 2.803(a).
3 47 C.F.R. § 2.925
4 47 C.F.R. § 1.80(b)(3).
5 47 U.S.C. §§ 401, 501, 503, 510.
6 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
7 See 18 U.S.C. § 1001 et seq.
:shock:
CWM
