RadioBanter - HARDEEHARHAR! TACOMA KEYFAG FINED $10,000 FOR UNLICENSED OPERATION!

ENFORCEMENT: CB OPERATOR FINED $10,000 FOR UNLICENSED OPERATION

Using an illegal C-B amplifier will cost a Washington
state operator some really big bucks. This as the FCC fines Robert A.
Spiry of Tacoma 10,000 for what the FCC say was operating a radio station
without Commission authorization. Amateur Radio Newsline's Norm Seeley,
KI7UP, has the details:

In its letter to Robert A. Spiry, the FCC claims that it
found the amplifier as part of a follow-up investigation.
This, after receiving numerous complaints from Spiry's
neighbors.

On March 13th, April 2nd, October 29th and November 5th of 2002, agents
from the Commission's Seattle, Washington Field Office concluded that the
interference resulted from 11 meter transmissions originating from Spiry's
residence and from his mobile station in his vehicle. During station
inspections conducted on April 2nd and November 5th, 2002,
the Seattle Office agents determined that Spiry was
operating transmitters that were not FCC certified and that he was
operating with a linear amplifier attached to his CB radio transmitter.

Spiry was advised that his use of unauthorized and non- certified
equipment voided his blanket authority to operate his CB station.
Nevertheless, the FCC says that he continued to operate the unauthorized
equipment at the expense of his blanket authorization to operate his CB
radio station.

On December 30th, 2002, the Seattle Office issued a Notice of Apparent
Liability for Monetary Forfeiture in the amount of $10,000 to Spiry. In
other words, a $10,000 fine.

In his January 15, 2003 response Spiry did not dispute the facts that lead
to the fine. Instead he stated that he had ceased CB radio transmissions
and had obtained an amateur radio license. The FCC database lists him as
holding a Technician class license with the call sign KD7TRB. He also
claimed to have removed his CB radio antenna and asserted that he was
unaware that the amount of the forfeiture could be so high. He told the
FCC that he was unable to pay that amount.

But in affirming the fine the FCC refers Spiry to Section
301 of the Communications Act. It says that no person shall use or
operate any apparatus for the transmission of energy or communications or
signals by radio within the United States without a proper license. The
FCC says that Spiry's 2002 operation of his CB radio station with
transmitters that were not FCC certified and use of a linear amplifier
constitutes repeated violations. It also notes that his taking down the
C-B antenna and getting a ham radio ticket are not sufficient actions to
negate the punishment for the
original offenses.

The FCC says that Robert Spiry has not provided it with
adequate financial information from which to determine his ability to pay
the forfeiture. Based on this lack of
information cancellation or reduction of the $10,000 fine is not warranted
and that it stands as is.

Spiry was given the usual 30 days to pay. If he fails to do so the FCC
says that the matter may be turned over to the Department of Justice for
further action. (FCC)