Smith Trucking Company Told to stay OFF the 10 Meter band

Folks,

If you are running one of those so-called (and illegal!) "10 Meter" radios with the 'band' switches, you might want to pay attention to this! At the very least, learn exactly WHERE the actual CB band is and stay there! Otherwise, your boss may have you in his office to explain one of these letters below:!




*****************************************************************



1

FEDERAL COMMUNICATIONS COMMISSION

Enforcement Bureau

Spectrum Enforcement Division

1270 Fairfield Road

Gettysburg, Pennsylvania 17325-7245

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

August 7, 2007

Smith Trucking, Inc.

2719 Morgantown Road

Smithfield, PA 15478

ATTN: Theodore Smith

SUBJECT: WARNING NOTICE - UNLICENSED RADIO OPERATION

Case #EB-07-SE-3061

Dear Mr. Smith:

Information before the Commission indicates that your drivers have been
operating radio equipment without a license on the frequency 28.535 MHz
and causing interference to licensed stations in the Ten Meter Amateur
Band.

The drivers were observed operating unlicensed in April and May 2007 on
Route 19 between the Fairmont, West Virginia area and the Haywood power
plant near Shinnston, WV.

Please advise your drivers 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 them 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.

Sincerely,

W. Riley Hollingsworth

Special Counsel

cc: FCC Northeastern Regional Director

- 2 -

Gadfly

 

The ONLY "fair game" with any radio used in and around CB is 26.965 thru 27.405. Period. Forty channels. An FCC-certified, 40 channel, 4 watt CB radio. Period. NO "10 Meter" radios, NO "extra" channels are allowed. PERIOD! (See Title 47, US Code, Part 95). Here is recent example of what can happen if CBers insist on their illegal radios and "extree" channels!

Before the Federal Communications Commission Washington, D.C. 20554 ) )
In the Matter of ) File Number: EB-05-HU-045
Marcus A. Roberts )
NAL/Acct. No.: 200732540001 Houston, Texas )
FRN: 0004307195 ) )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 3, 2007 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I.
INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marcus A. Roberts apparently willfully violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed radio transmitter. We conclude, pursuant to Section 503(b) of the Act, that Mr. Roberts is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. In response to a complaint of interference to household electronic equipment, on April 28, 2006, the Commission's Houston Office of the Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning letter advising him that operation of Citizens Band ("CB") radio equipment with greater power than authorized in the Commission's Rules ("Rules") voids the authority to operate the station and is therefore considered unlicensed operation. The letter further advised that unlicensed operation is a violation of Section 301 of the Act, and could subject the operator to penalties including monetary fines. 3. On September 28, 2006, in response to another complaint of interference, agents from the Houston Office inspected the CB station located at Mr. Roberts' residence. During testing of Mr. Roberts' equipment, the agents determined that his CB station was producing the maximum power authorized in the Rules for CB radio stations. The agents verbally warned Mr. Roberts that any operation of his CB radio station with more power than observed during this inspection would be a violation of the Rules. The agents then inspected a CB radio station installed in Mr. Roberts' vehicle. The CB radio station in the vehicle included a CB transmitter and two linear amplifiers. The linear amplifiers observed had the capability to boost the power of the station to several hundred times the authorized power level. Mr. Roberts admitted to operating the amplifiers and exceeding the authorized power limit; but claimed that he only used this equipment outside the neighborhood. The agents again verbally warned Mr. Roberts that the use of linear amplifiers or any device that creates a power greater than the authorized limit is strictly prohibited by the Rules and voids the authority to operate the CB station. 4. On November 8, 2006, an agent with the Houston Office located the source of a strong signal on a CB radio channel using direction finding methods to Mr. Roberts' residence. The agent recognized the voice of the transmissions to be that of Mr. Roberts. The complainant contacted the agent by telephone to report that Mr. Roberts' transmissions were currently causing interference to her home electronic entertainment equipment. Mr. Roberts' voice was simultaneously observed on the vehicle receiver and on the telephone while talking with the complainant. The agent measured the signal strength of the radio transmissions from Mr. Roberts' radio station with a spectrum analyzer. Agents from the Houston Office then conducted an inspection of Mr. Roberts' CB station. Mr. Roberts admitted he had been operating the radio station prior to the start of this inspection. A wattmeter determined the power of Mr. Roberts' transmitter during the inspection to be four watts, the maximum authorized under the Rules. The complainant was contacted and was not receiving any interference from Mr. Roberts' transmitter while the agents tested the equipment. Without adjusting the output power of the transmitter, the agents conducted a second signal strength measurement, and this second measurement showed a reduction in power from the first measurement by a factor of 10. When asked about the obvious change in power levels, Mr. Roberts offered no explanation. III. DISCUSSION 5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires 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 the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On November 8, 2006, agents from the Houston Office determined that Mr. Roberts operated his CB station with power greater than 4 watts carrier power. On April 28 and September 28, 2006, Mr. Roberts was warned that operation of his CB station in excess of 4 watts output power violated the Rules and voided his authority to operate his CB station. Because Mr. Roberts violated the CB Rules by operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. Based on the evidence before us, we find that on November 8, 2006, Mr. Roberts willfully violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission. 7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operating without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Roberts is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Marcus A. Roberts is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Marcus A. Roberts SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 10. 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 Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 11. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Houston Office, 9597Jones Road, #362, Houston, Texas, 77065 and must include the NAL/Acct. No. referenced in the caption. 12. 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. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted. 13. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Associate Managing Director, Financial Operations, 445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.^8 14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Marcus A. Roberts at his address of record. FEDERAL COMMUNICATIONS COMMISSION Stephen P. Lee Resident Agent, Houston Office South Central Region Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. S 95.404. 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80. ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission

*********************************************************

While not specifically mentioned in THIS FCC action, it IS spelled out in OTHER FCC actions against CBers who violate the rules where the ONLY "channels" that are allowed are those specific 1 thru 40 channels spelled out under Part 95. With FCC enforcement on the rise in response to complaints from legitimate radio users, it would wise to HEED said warnings! Ten thousand $$$$$$ is a LOT of money for most of us! JAIL is not a pleasant place, either!

Gadfly

 

They got caught because the licensed amateur operators turned them in!
Operating outside the authorized 40 cb channels is against the law and will result in fines of up to $10,000 PER offense! There is NO such thing as a "freeband" and there are NO "channels" free for the taking on either side of CB. These are reserved for military and government stations. The ham operators will not tolerate "bandits" on their frequencies. Period!

Twenty-eight dot five thirty five is in the international amateur single side band allocations and a truck operating without callsign or in the AM mode will stand out. The licensed amateurs will document the illegal operation and send it to the Special Counsel for Radio Amateur Enforcement, FCC, Gettysburg, PA. Flipping those "band" switches on an "export" radio is sure to land you somewhere you will wish you hadn't sooner or later! There ARE people listening and just waiting to "gitcha" these days!

More and more, CB operators are coming under scrutiny for their illegal operations and their interference to legitimate radio services. As you said, outlawwv, it would be best to stay ON the regular 40 channels these days.

It is, however, much easier to obtain the ham ticket these days now that Morse Code has been dropped, and the rewards of having the Amateur license are great IF you are willing to forgo the shenigans of CB and "outlaw" operating. In exchange, you will find two watt handhelds that will talk 10 TIMES farther than that archaic "linear" ever could, and do it with telephone quality. You can chat with other licensed trucker friends 3 states away on certain bands and frequencies, or talk to Ireland on 10 Meters (when the band is open). The quality equipment and what you can do with it will literally make CB seem like it is ancient in by comparison.

Visit www.arrl.org and www.qrz.com to find details about the license. You won't ever feel the need to "freeband" again!

Gadfly

 

This one could very well be a prelude to a fine of $7,000 or more!

******************************************************

FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU NORTHEAST REGION
Detroit Office 24897 Hathaway Street
Farmington Hills, Michigan 48375
August 16, 2007
(Sent via Certified Return Receipt Requested and First Class U.S. Mail)
Seldon Turner
Batavia, Ohio
NOTICE OF UNLICENSED OPERATION
Case Number: EB-07-DT-140 Document Number: W20073236006

The Detroit Office received information that your Citizens Band ("CB") Radio Service station was being operated illegally and causing interference in Batavia, Ohio.

On May 16, 2007, an agent from this office inspected the radio station at your residence and confirmed that you were operating a Galaxy DX88HL radio in your vehicle and a galaxy Saturn in your home, which are non-certified CB transceivers. By using these non- certified transceivers, you voided your authority to operate this station. Radio stations must be licensed by the FCC pursuant to 47 U.S.C. S: 301.


You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment. (see 47 U.S.C. S:S: 401, 501, 503 and 510). UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY.


You have ten (10) days from the date of this notice to respond regarding the operation of your CB station. Your response should be sent to the address in the letterhead and reference the listed case and document number.

Under the Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), we are informing you that the Commission's staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules. This will include any information that you disclose in your reply.

You may contact this office if you have any questions.

James A. Bridgewater
District Director Detroit Office

Attachments: Excerpts from the Communications Act of 1934, As Amended Enforcement Bureau, "Inspection Fact Sheet", July 2003

In addition, you had the following non-certified CB transmitters in your home that could be easily hooked up for transmitting: Delta Force Magnum and a Mirage 88. Also present in your home were the following CB radio frequency amplifiers: Homemade 200 and Lafayette Mobile. The CB radiofrequency amplifiers ("Linears") could easily be hooked up. The use of these devices also void your authority to operate.

*******************************************************

 

There are a lot of hams that are pretty p***ed off about the export radios and the bold incursions into the 10 Meter band! And, yes, they have made it THEIR business to simply monitor the 10 Meter frequencies while driving to work or other errands. They will not talk to the drivers:
they themselves would get into trouble. But if there is one talking, the amateur operator simply records the driver's conversation (could be one of those little keyring recorder thingys), notes the company name, tractor #,
(or tag number), frequency of operation, date/time, and location. Then he will email the FCC Special Counsel for Amateur Enforcement who, in turn, sends the offending company a letter warning them of stiff fines if they don't stop their drivers from talking out of band. This is SERIOUS, folks, and something not to be taken lightly! The licensed people who earned their privileges will do everything in their power to get this practice stopped---even it means getting "export" radios specifically banned from commercial trucks.

For those who are looking for something MORE than the outdated and antequated CB radio, the actual amateur license is pretty easy to get. If one is willing to follow a few simple rules (amateur radios is more closely regulated and monitored than CB), it will open up a world of radio that will make CB radio seem almost ridiculous!


Gadfly