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FCC cracking down on Export Radios & Amplifier sales and 10m & 2m intruders



 
 
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Old April 10th 04, 08:02 AM
Leland C. Scott
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Posts: n/a
Default FCC cracking down on Export Radios & Amplifier sales and 10m & 2m intruders

Looks like the FCC has been busy lately. Also looks like the complaints from
Hams is having the desired effect too.

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CB Sales and Service
ATTN: Mr. Jim Norton
190E Lenlock Lane
Anniston, AL 36206


Citation No. C200432480001--File No: EB-04-AT-024


Released: March 19, 2004
By the Enforcement Bureau, Atlanta Office


1. This is an official Citation issued pursuant to Section 503(b) of The
Communications Act of 1934, as amended ("Act"), [1] to Mr. Jim Norton, owner
of CB Sales and Service, Anniston, Alabama, for violation of Section 302(b)
of the Act, 2 and Section 2.803(a)(1) of the Commission's Rules.3


2. An investigation by the FCC's Atlanta Office revealed that on March 11,
2004, you offered for sale at your retail store located at 190E Lenlock
Lane, Anniston, Alabama, eight models of non-certified Citizens Band
transceivers, namely, a Galaxy model DX66V, a Galaxy model DX 73V, a Galaxy
model 48T Big Rig Series, a Galaxy model DX88HL, and a Galaxy model DX77HML,
a Galaxy DX44V, Galaxy DX33HML, and Galaxy model DX99V. According to
Commission's records, these devices have not received an FCC equipment
authorization which is required for Citizens Band transmitters marketed in
the United States. Furthermore, these devices bore no FCC equipment
authorization labeling that is required for Citizens Band transceivers
marketed in the United States.4


3. Section 302(b) of the Act provides "{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 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: (1) In 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..." Jim Norton's CB Sales and Service's offer for sale of these
devices violates both sections.


4. Additionally, dual use CB and amateur radios of the kind at issue here
may not be certificated under the Commission's rules. Section 95.655(a) of
the rules states: "...

({CB} Transmitters with frequency capability for the Amateur Radio
Services....will not be certificated.)" See also FCC 88-256, 1988 WL 488084
(August 17, 1988). This clarification was added to explicitly foreclose the
possibility of certification of dual use CB and amateur radios, see id., and
thereby deter use by CB operators of frequencies allocated for amateur radio
use. Five of the Galaxy model CB transceivers previously mentioned were
identified as having the modification done to enable dual use of CB and
amateur frequencies. These units were Galaxy DX66V; Galaxy DX73V; Galaxy
DX48T; Galaxy DX88HL; and Galaxy DX77HML.


5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules
to prohibit all marketing and/or offering for sale in the United States of
such devices even when the purchaser(s) had provided assurances that the
transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF
SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE
COMMISSION'S RULES.


6. Subsequent violations of the Communications Act or of the Commission's
Rules may subject the violator to substantial monetary forfeitures not to
exceed $11,000 for each such violation or each day of a continuing
violation, seizure of equipment through in rem forfeiture action, and
criminal sanctions including imprisonment.


7. Mr. Jim Norton may request a personal interview at the closest FCC
location to its place of business, namely:


Federal Communications Commission
3575 Koger Blvd., Suite 320
Duluth, GA 30096


which can be contacted by telephone at 770-935-3370. Any written statement
should specify what actions have been taken to correct the violation
outlined above. When corresponding with the Commission, case number
EB-04-AT-024 should be referenced.


8. Any statement or information provided may be used by the Commission to
determine if further enforcement action is required. Any knowingly or
willfully false statement made in reply to this notice is punishable by fine
or imprisonment.


Fred Broce
District Director, Atlanta Office


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March 24, 2004


Winco Company
101 East Myrtle Street
Boise, ID 83702-7608


Winco Company General Offices
650 North Armstrong Place
Boise, ID 83704-0825


SUBJECT: ADVISORY NOTICE--UNLICENSED
RADIO OPERATION BY DRIVERS


Dear Sir:


Information has come to the Commission's attention that your truck drivers
may be using unlicensed 10-meter Amateur Radio transmitting equipment,
operating on 28.000 to 28.100 MHz, for communications on Interstate 84
between Idaho and Oregon. Your drivers confirmed this to a Commission
licensee in Baker, Oregon, earlier this month.


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 the operator 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.


Please contact me at 717-338-2502 to discuss this matter.


CC: FCC Western Regional Director


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March 23, 2004


J. Grady Randolph, Inc.
541 Concord Road
Gaffney, SC 29341


SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION
Case # EB-2004-2536


Dear Sir:


Information before the Commission indicates that one of your trucks, bearing
South Carolina license plate 75205, was the source of radio transmissions on
the 10-meter Amateur Radio band at 1:13 PM on February 11, 2004, on
Interstate 85 North at US 321 North. The frequency used was 28.085 MHz.


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 the operator 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 Region


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March 23, 2004


Food Service, Inc.
273 Riverchase Way
Lexington, SC 29072-9407


SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION
Case # EB-2004-2538


Dear Sir:


Information before the Commission indicates that one of your trucks, a 1990
GMC bearing South Carolina license plate P107554, was the source of radio
transmissions on the 10-meter Amateur Radio band at noon on March 2, 2004 on
Interstate 85 South at Exit 2. The frequency used was 28.085 MHz. While
truckers commonly use Citizens Band (CB) radio units, the use of any radio
transmitting equipment on Amateur Radio frequencies requires a license
issued by the Commission.


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 the operator 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

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March 23, 2004


RWBT Inc.
220 W Ritchie Road
Salisbury, NC 28147-8052


SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION
Case # EB-2004-2537


Dear Sir:


Information before the Commission indicates that one of your trucks, a
tanker bearing North Carolina license plate LF-8611 and the logo "Quality
Carriers," was the source of radio transmissions on the 10-meter Amateur
Radio band at 2:05 PM on February 5, 2004, on Interstate 85 North at Exit
22. While truckers commonly use Citizens Band (CB) radio units, the use of
any radio transmitting equipment on Amateur Radio frequencies requires a
license issued by the Commission.


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 the operator 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 Region
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March 23, 2004


Mr. Donal W. Hewitt
P. O. Box 344
Tomball, TX 77377


SUBJECT: WARNING NOTICE--POWER AMPLIFIER
MARKETING VIOLATIONS
Case # EB-2000-222


Dear Mr. Hewitt:


At the Dayton Hamvention in 1999, an official Notice of Violation was issued
to you as a result of violation of Section 2.815 of the Commission's rules
regarding manufacturing and marketing external radio frequency power
amplifiers that operate below 144 MHz. The citation was based upon the
offering for sale of your model WM-600 and WM-300 amplifiers and kits.


In your response to the citation on May 24, 1999, you stated "I have ceased
from selling and offering for sale the Model WM-300 and WM-600 linear
amplifiers and any other of this type amplifiers." We note that on your Web
site www.worth-more.com, you are again advertising these amplifiers.
Although you state on the Web site that these units are for sale "pending
certification," we note numerous reports from purchasers of these units on
www.eHam.net.


We also note that on January 17, 2004, you presented and offered for sale
non-certified amplifiers at the Houston Amateur Radio Supply parking lot as
well as at the February 21, 2004, Smithville, Texas Hamfest.


This letter constitutes a Warning that continued sale of non-certified
equipment will subject you to fine or imprisonment, as well as an in rem
seizure of non-certified equipment, in cooperation with the United States
Attorney for your jurisdiction. Monetary forfeitures normally range from
$7,500 to $10,000. Such continued sale will also result in the designation
of your Amateur Radio station license for a revocation proceeding, and your
Operator license for a suspension proceeding. This is the last written
warning you will receive about this matter.


CCL: Southeastern Regional Director, FCC


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March 23, 2003


Washington Crab Producers
200 E Bay Avenue
Westport, WA 98595


Bay Fish Company
411 East Dock Street
P.O. Box 1366
Westport, WA 98595


SUBJECT: UNLICENSED RADIO OPERATION BY FISHING VESSELS


Dear Sir:


The Commission has been made aware that numerous fishing vessels selling
seafood to your companies are using Amateur radio transmitting equipment for
communications on the fishing vessels. The equipment being used operates on
146.12 MHz. A license is required to operate on that frequency.


We would appreciate your advising the captains selling to you 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 would subject the operators to fine or imprisonment. Monetary
forfeitures normally range from $7,500 to $10,000.


We have enclosed extra copies of this letter for distribution to those
vessels selling to you, and would appreciate any assistance you could give
us in bringing this problem to their attention. Thank you for your
cooperation.


Please contact me at 717-338-2502 if you have any questions about this
matter.


CC: FCC Western Regional Director






 




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