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#1
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FCC levies $10,000 fine for unlicensed operation
Jan 19, 2005
The FCC has fined a Jacksonville, Florida, CBer $10,000 for transmitting without Commission authorization. The Commission released the Forfeiture Order (NOF) to Tommie Salter on December 27. The FCC says that in March 2004 its Tampa Field Office, responding to interference complaints, restricted Salter's hours of operation. The FCC lifted the quiet hours two months later, providing Salter "operated in full compliance with the Commission's rules." When interference complaints resumed, the FCC last July 15 again notified Salter it was restricting his hours of operation. The FCC NOF said a family member signed for the notice but that Salter told Commission officials he had not read it. As a result he transmitted while his operation was prohibited--between 6 AM and 11:59 PM. An August 2004 station inspection of Salter's CB station revealed that he was operating a non FCC-certificated transmitter, in violation of Part 95 rules. A Notice of Apparent Liability (NAL) proposing the $10,000 fine followed in October. The FCC's NOF upholds the fine, despite Salter's protests that his violation was not willful because he did not understand that use of non-certificated transmitters violated the rules and did not know about the reinstated quiet hours. Salter also claimed he couldn't pay the fine, but the FCC says he failed to provide tax returns or other necessary documentation to back up that claim. The FCC authorizes CB operation "by rule"--essentially a blanket license. http://www.arrl.org/ |
#2
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Mike Terry wrote: Jan 19, 2005 The FCC has fined a Jacksonville, Florida, CBer $10,000 for transmitting without Commission authorization. The Commission released the Forfeiture Order (NOF) to Tommie Salter on December 27. The FCC says that in March 2004 its Tampa Field Office, responding to interference complaints, restricted Salter's hours of operation. How can the FCC levy fines on CB operators when no licenses are issued for the CB service anymore? GTT |
#3
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"G.T. Tyson" wrote in message ... Mike Terry wrote: Jan 19, 2005 The FCC has fined a Jacksonville, Florida, CBer $10,000 for transmitting without Commission authorization. The Commission released the Forfeiture Order (NOF) to Tommie Salter on December 27. The FCC says that in March 2004 its Tampa Field Office, responding to interference complaints, restricted Salter's hours of operation. How can the FCC levy fines on CB operators when no licenses are issued for the CB service anymore? By operating a transmitter in violation of FCC rules. You might find the same reaction were you to operate a high-power transmitter in the home-use bands, which also don't require a licence, not that that would make any sense except to annoy the neighbours. -- ----------------------------------------------------------------------------- If there's nothing that offends you in your community, then you know you're not living in a free society. Kim Campbell - ex-Prime Minister of Canada - 2004 ----------------------------------------------------------------------------- For direct replies, take out the contents between the hyphens. -Really!- |
#4
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In article , G.T. Tyson wrote:
Mike Terry wrote: Jan 19, 2005 The FCC has fined a Jacksonville, Florida, CBer $10,000 for transmitting without Commission authorization. The Commission released the Forfeiture Order (NOF) to Tommie Salter on December 27. The FCC says that in March 2004 its Tampa Field Office, responding to interference complaints, restricted Salter's hours of operation. How can the FCC levy fines on CB operators when no licenses are issued for the CB service anymore? The same way they COULD levy fines on people using touch lamps and dimmers that violate Part 15 requirements. Or pirate broadcasters, who also produce emissions but are not licensed to do so. --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." |
#5
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On 25 Jan 2005 19:58:58 GMT, "G.T. Tyson" wrote:
How can the FCC levy fines on CB operators when no licenses are issued for the CB service anymore? The lack of a license requirement doesn't mean there is a lack of rules. Rich |
#6
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The FCC is NOT a court and cannot collect this fine if there is a
refusal to pay. |
#7
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"G.T. Tyson" wrote in message
... Mike Terry wrote: Jan 19, 2005 The FCC has fined a Jacksonville, Florida, CBer $10,000 for transmitting without Commission authorization. The Commission released the Forfeiture Order (NOF) to Tommie Salter on December 27. The FCC says that in March 2004 its Tampa Field Office, responding to interference complaints, restricted Salter's hours of operation. How can the FCC levy fines on CB operators when no licenses are issued for the CB service anymore? Oh yes they can! You can be fined for violating the rules issued for that particular radio service, regardless of any license requirement. Most likely the CBer was using a linear amplifier to boost his signal. Another case in point, an owner of a VHF marine 2-way radio was fined for using it at a ski resort. Reason? The radio was not on a boat in the water. |
#8
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-- "WSQT" wrote in message ... The FCC is NOT a court and cannot collect this fine if there is a refusal to pay. Welllll, your public library is not a court, either. But it _can_ make you pay your fines. How? The same way that the FCC can do it--take you to court and see how it all comes out. |
#9
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Don Forsling wrote:
Welllll, your public library is not a court, either. But it _can_ make you pay your fines. How? The same way that the FCC can do it--take you to court and see how it all comes out. Of course. Guys, the FCC *can't* throw you in jail for a criminal violation if you break their rules. They *can* fine you and file a civil lawsuit against you if you don't pay. -- JustThe.net - Apple Valley, CA - http://JustThe.net/ - 888.480.4NET (4638) Steven J. Sobol, Geek In Charge / / PGP: 0xE3AE35ED "In case anyone was wondering, that big glowing globe above the Victor Valley is the sun." -Victorville _Daily Press_ on the unusually large amount of rain the Southland has gotten this winter (January 12th, 2005) |
#10
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On 27 Jan 2005 04:57:00 GMT, "WSQT" wrote:
The FCC is NOT a court and cannot collect this fine if there is a refusal to pay. I believe it would be turned over to the justice department who can collect it once all appeals are exhausted. Rich |
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