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Old January 24th 05, 01:45 AM
Mike Terry
 
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Default 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/



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Old January 25th 05, 08:58 PM
G.T. Tyson
 
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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

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Old January 26th 05, 07:10 PM
Bob Haberkost
 
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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
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For direct replies, take out the contents between the hyphens. -Really!-




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Old January 27th 05, 05:56 AM
Scott Dorsey
 
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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."

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Old January 27th 05, 05:56 AM
Rich Wood
 
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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



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Old January 27th 05, 05:57 AM
WSQT
 
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The FCC is NOT a court and cannot collect this fine if there is a
refusal to pay.


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Old January 27th 05, 05:57 AM
Blue Cat
 
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Default

"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.




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Old January 27th 05, 07:12 PM
Don Forsling
 
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Default



--

"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.



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Old January 28th 05, 07:42 AM
Steve Sobol
 
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Default

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)

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Old January 28th 05, 07:42 AM
Rich Wood
 
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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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