RadioBanter - FS: High Power 10M radio's, no licence required!!

"Hams are Gay" wrote in message
...
Get off the crowded lower channels, move down to 10m. Nice and quiet.
Catch you on the flip-flop.

Here's a good one. Who "flip flopped" whom?

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Robert A. Spiry

1516 S. 52nd Street

Tacoma, Washington
)

)

)

)

File Number EB-02-ST-045

NAL/Acct. No. 200332980002

FRN 0007-9392-18

FORFEITURE ORDER

Adopted: October 14, 2004
Released: October 18, 2004

By the Assistant Chief, Enforcement Bureau:

INTRODUCTION 1. In this Forfeiture Order ("Order") we issue a monetary
forfeiture in the amount of ten thousand dollars ($10,000) to Robert A.
Spiry ("Mr. Spiry") for willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended ("Act").[8] The noted violation
involves Mr. Spiry's operation of a radio station without Commission
authorization.

II. BACKGROUND

2. After receiving numerous complaints of interference to home electronics
equipment from Citizen's Band ("CB") radio transmissions, the Commission's
Seattle, Washington Field Office ("Seattle Office") determined on March 13,
2002; April 2, 2002; October 29, 2002; and November 5, 2002, that the
interference resulted from CB transmissions originating from Mr. Spiry's
residence and from his mobile station in his vehicle. During inspections
conducted on April 2, 2002 and November 5, 2002, Seattle Office agents
determined that Mr. Spiry was operating transmitters that were not FCC
certified in violation of Section 95.409 of the Commission's Rules
("Rules")[9] and that Mr. Spiry was operating with a linear amplifier
attached to his CB radio transmitter in violation of Section 95.411 of the
Rules.[10] During both inspections, Mr. Spiry was advised that his use of
unauthorized and non-certified equipment voided his blanket authority to
operate his CB station. Nevertheless, Mr. Spiry continued to operate the
unauthorized equipment at the expense of his blanket authorization to
operate his CB radio station.

3. On December 30, 2002, the Seattle Office issued a Notice of Apparent
Liability for Forfeiture ("NAL") in the amount of ten thousand dollars
($10,000) to Mr. Spiry for operating a radio station without Commission
authorization in apparent willful and repeated violation of Section 301 of
the Act.[11] In his January 15, 2003 response to the NAL, Mr. Spiry does not
dispute the facts as set forth in the NAL. In his response, Mr. Spiry states
that he has ceased CB radio transmissions and has obtained an amateur radio
license [KD7TRB--Ed.] Mr. Spiry claims to have removed his CB radio antenna.
Mr. Spiry also asserts that he was unaware that the amount of the forfeiture
could be so high, and that he is unable to pay the forfeiture.

III. DISCUSSION

4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
("Act"),[12] Section 1.80 of the Rules,[13] and The Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate
the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC
Rcd 303 (1999) ("Policy Statement"). In examining Mr. Spiry's response,
Section 503(b) of the Act requires that the Commission take into account the
nature, circumstances, extent and gravity of the violation and, with respect
to the violator, the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require.[14]

5. Section 301 of the Act sets forth generally that no person shall use or
operate any apparatus for the transmission of energy or communications or
signals by radio within the United States except under and in accordance
with this Act and with a license granted under the provisions of this Act.
The rules governing the licensing and operation of CB radio stations are set
forth within Subpart D of Part 95 of the Rules.[15] Section 95.409 of the
Rules states that a CB operator must use a FCC certified CB transmitter and
that use of a non-certified transmitter voids the authority to operate the
CB station. Section 95.411 of the Rules prohibits attaching a power linear
amplifier to a CB transmitter in any way. On April 2, 2002 and November 5,
2002, Mr. Spiry operated his CB radio station with transmitters that were
not FCC certified in violation of Section 95.409 of the Rules. On both
occasions, Mr. Spiry also operated with a linear amplifier attached to his
CB radio transmitter in violation of Section 95.411 of the Rules. Mr.
Spiry's operation of his CB radio station with unauthorized equipment voided
his blanket CB license. Thus, on April 2, 2002 and November 5, 2002, Mr.
Spiry was operating a radio station without a license in violation of
Section 301 of the Act. Mr. Spiry does not dispute the violations.
Therefore, we find that Mr. Spiry willfully[16] and repeatedly[17] violated
Section 301 of the Act by the unauthorized CB operation.

6. We have examined Mr. Spiry's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Policy Statement. We
are not persuaded that the forfeiture amount should be reduced because of
Mr. Spiry's remedial efforts (i.e., ceased CB transmissions, obtained an
amateur license, removed CB equipment). As the Commission stated in Seawest
Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994), "corrective action taken to come
into compliance with Commission rules or policy is expected, and does not
nullify or mitigate any prior forfeitures or violations."[18] Moreover, even
though Mr. Spiry claims to have not known the potential penalties for his
actions, we note that Mr. Spiry was given two Notices of Unauthorized
Operation that explained that the monetary penalty for violating Section 301
of the Act could be as high as $10,000. Furthermore, regarding Mr. Spiry's
claim of inability to pay the forfeiture, we note that, consistent with
paragraph 14 of the NAL, the Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability to pay unless the
petitioner submits: (1) federal tax returns for the most recent three-year
period; (2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current financial
status. Because Mr. Spiry has not provided adequate financial information
from which we can determine his ability to pay the forfeiture, cancellation
or reduction is not warranted.[19] IV. ORDERING CLAUSES

7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[20] Mr. Robert A.
Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand
dollars ($10,000) for willful and repeated violation of Section 301 of the
Act.

8. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within 30 days of the release of this Order. If
the forfeiture is not paid within the period specified, the case may be
referred to the Department of Justice for collection pursuant to Section
504(a) of the Act.[21] Payment of the forfeiture must be made by check or
similar instrument, payable to the order of the "Federal Communications
Commission." The payment must include the NAL/Acct. No. and FRN No.
referenced above. Payment by check or money order may be mailed to
Forfeiture Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. Payment by
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA
Number 071000013, receiving bank "Bank One," and account number 1165259.
Requests for full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.[22] 9. IT IS FURTHER ORDERED that a copy of this
Order shall be sent by first class mail and certified mail return receipt to
Mr. Robert A. Spiry, 1516 S. 52nd Street, Tacoma, Washington 98408.

FEDERAL COMMUNICATIONS COMMISSION

George R. Dillon
Assistant Chief, Enforcement Bureau

--------------------------------------------------------------------------------

[1]47 U.S.C. § 302(b).

[2]47 C.F.R. §§ 2.815(b), 2.815(c).

[3]Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200432360003
(Enf. Bur., Detroit Office, released May 27, 2004).

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Robert A. Spiry

1516 S. 52nd Street

Tacoma, Washington
)

)

)

)

File Number EB-02-ST-045

NAL/Acct. No. 200332980002

FRN 0007-9392-18

FORFEITURE ORDER

Adopted: October 14, 2004
Released: October 18, 2004

By the Assistant Chief, Enforcement Bureau:

INTRODUCTION 1. In this Forfeiture Order ("Order") we issue a monetary
forfeiture in the amount of ten thousand dollars ($10,000) to Robert A.
Spiry ("Mr. Spiry") for willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended ("Act").[8] The noted violation
involves Mr. Spiry's operation of a radio station without Commission
authorization.

II. BACKGROUND

2. After receiving numerous complaints of interference to home electronics
equipment from Citizen's Band ("CB") radio transmissions, the Commission's
Seattle, Washington Field Office ("Seattle Office") determined on March 13,
2002; April 2, 2002; October 29, 2002; and November 5, 2002, that the
interference resulted from CB transmissions originating from Mr. Spiry's
residence and from his mobile station in his vehicle. During inspections
conducted on April 2, 2002 and November 5, 2002, Seattle Office agents
determined that Mr. Spiry was operating transmitters that were not FCC
certified in violation of Section 95.409 of the Commission's Rules
("Rules")[9] and that Mr. Spiry was operating with a linear amplifier
attached to his CB radio transmitter in violation of Section 95.411 of the
Rules.[10] During both inspections, Mr. Spiry was advised that his use of
unauthorized and non-certified equipment voided his blanket authority to
operate his CB station. Nevertheless, Mr. Spiry continued to operate the
unauthorized equipment at the expense of his blanket authorization to
operate his CB radio station.

3. On December 30, 2002, the Seattle Office issued a Notice of Apparent
Liability for Forfeiture ("NAL") in the amount of ten thousand dollars
($10,000) to Mr. Spiry for operating a radio station without Commission
authorization in apparent willful and repeated violation of Section 301 of
the Act.[11] In his January 15, 2003 response to the NAL, Mr. Spiry does not
dispute the facts as set forth in the NAL. In his response, Mr. Spiry states
that he has ceased CB radio transmissions and has obtained an amateur radio
license [KD7TRB--Ed.] Mr. Spiry claims to have removed his CB radio antenna.
Mr. Spiry also asserts that he was unaware that the amount of the forfeiture
could be so high, and that he is unable to pay the forfeiture.

III. DISCUSSION

4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
("Act"),[12] Section 1.80 of the Rules,[13] and The Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate
the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC
Rcd 303 (1999) ("Policy Statement"). In examining Mr. Spiry's response,
Section 503(b) of the Act requires that the Commission take into account the
nature, circumstances, extent and gravity of the violation and, with respect
to the violator, the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require.[14]

5. Section 301 of the Act sets forth generally that no person shall use or
operate any apparatus for the transmission of energy or communications or
signals by radio within the United States except under and in accordance
with this Act and with a license granted under the provisions of this Act.
The rules governing the licensing and operation of CB radio stations are set
forth within Subpart D of Part 95 of the Rules.[15] Section 95.409 of the
Rules states that a CB operator must use a FCC certified CB transmitter and
that use of a non-certified transmitter voids the authority to operate the
CB station. Section 95.411 of the Rules prohibits attaching a power linear
amplifier to a CB transmitter in any way. On April 2, 2002 and November 5,
2002, Mr. Spiry operated his CB radio station with transmitters that were
not FCC certified in violation of Section 95.409 of the Rules. On both
occasions, Mr. Spiry also operated with a linear amplifier attached to his
CB radio transmitter in violation of Section 95.411 of the Rules. Mr.
Spiry's operation of his CB radio station with unauthorized equipment voided
his blanket CB license. Thus, on April 2, 2002 and November 5, 2002, Mr.
Spiry was operating a radio station without a license in violation of
Section 301 of the Act. Mr. Spiry does not dispute the violations.
Therefore, we find that Mr. Spiry willfully[16] and repeatedly[17] violated
Section 301 of the Act by the unauthorized CB operation.

6. We have examined Mr. Spiry's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Policy Statement. We
are not persuaded that the forfeiture amount should be reduced because of
Mr. Spiry's remedial efforts (i.e., ceased CB transmissions, obtained an
amateur license, removed CB equipment). As the Commission stated in Seawest
Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994), "corrective action taken to come
into compliance with Commission rules or policy is expected, and does not
nullify or mitigate any prior forfeitures or violations."[18] Moreover, even
though Mr. Spiry claims to have not known the potential penalties for his
actions, we note that Mr. Spiry was given two Notices of Unauthorized
Operation that explained that the monetary penalty for violating Section 301
of the Act could be as high as $10,000. Furthermore, regarding Mr. Spiry's
claim of inability to pay the forfeiture, we note that, consistent with
paragraph 14 of the NAL, the Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability to pay unless the
petitioner submits: (1) federal tax returns for the most recent three-year
period; (2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current financial
status. Because Mr. Spiry has not provided adequate financial information
from which we can determine his ability to pay the forfeiture, cancellation
or reduction is not warranted.[19] IV. ORDERING CLAUSES

7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[20] Mr. Robert A.
Spiry IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand
dollars ($10,000) for willful and repeated violation of Section 301 of the
Act.

8. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within 30 days of the release of this Order. If
the forfeiture is not paid within the period specified, the case may be
referred to the Department of Justice for collection pursuant to Section
504(a) of the Act.[21] Payment of the forfeiture must be made by check or
similar instrument, payable to the order of the "Federal Communications
Commission." The payment must include the NAL/Acct. No. and FRN No.
referenced above. Payment by check or money order may be mailed to
Forfeiture Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. Payment by
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA
Number 071000013, receiving bank "Bank One," and account number 1165259.
Requests for full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.[22] 9. IT IS FURTHER ORDERED that a copy of this
Order shall be sent by first class mail and certified mail return receipt to
Mr. Robert A. Spiry, 1516 S. 52nd Street, Tacoma, Washington 98408.

FEDERAL COMMUNICATIONS COMMISSION

George R. Dillon
Assistant Chief, Enforcement Bureau

--------------------------------------------------------------------------------

[1]47 U.S.C. § 302(b).

[2]47 C.F.R. §§ 2.815(b), 2.815(c).

[3]Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200432360003
(Enf. Bur., Detroit Office, released May 27, 2004).

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