This is *WHY* one must not "Blend" Amateur Radio with "CB"

We encourage people to explore and obtain the Amateur Radio license. However, we must be careful that we do not attempt to "blend" said license into CB radio. The two services are separate, and the amateur license carries a responsibility to know and OBEY the rules not only for 'ham' radio, but for the CB service as well. ANY Federal licensee is required to obey any and all rules that apply to their operations---even if one is operating outside THAT particular radio service for which they are licensed. If you obtain a Federal radio license, then violate the rules of another radio service, then you will be held accountable for it.
This was a licensed "ham" who just could NOT "let go" of his old CB "freebanding" habits and it cost him $$$$$$$$!

This is an example of such a violation:
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Before the

Federal Communications Commission

Washington, D.C. 20554


)

)
In the Matter of
) File Number EB-08-PA-0180
Jose Torres
) NAL/Acct. No. 200932400002
Licensee of Station N3TX
) FRN 0001-83-1825
Philadelphia, Pennsylvania
)

)


NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 6, 2009

By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Jose Torres ("Torres"), the licensee of Amateur Extra Class
Station N3TX in Philadelphia, Pennsylvania, apparently willfully and
repeatedly operated his amateur station on an unauthorized frequency,
in violation of Section 1.903(a) of the Communications Act of 1934,
as amended ("Act"). We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Torres is
apparently liable for a forfeiture in the amount of four thousand
dollars ($4,000). We also admonish Jose Torres for failing to transmit
his call sign, in violation of Section 97.119(a) of the Rules.

II. BACKGROUND

2. On December 11, 2007, in response to a complaint of interference to
over-the-air television reception, agents from the FCC's Philadelphia
Office drove to the complainant's residence and began monitoring the
frequencies in and around the Citizens Band (CB) from 26.965 MHz to
27.405 MHz. Between approximately 6:50 p.m. and 7:10 p.m. and between
approximately 8:40 p.m. and 9:00 p.m. that evening, the agents
observed transmissions on the frequency 26.71 MHz. The agents
contacted the complainant and confirmed that the harmful interference
to the television reception was occurring during the times when the
agents observed the transmissions on 26.71 MHz. The agents used
direction finding techniques and identified the source of the signal
on 26.71 MHz as Jose Torres's residence, which is located in close
proximity to the complainant's residence in Philadelphia,
Pennsylvania. The agents did not observe any station identification
announced during the radio transmissions on 26.71 MHz.

3. On December 11, 2007 at 9:10 pm, the agents inspected the radio
station located at Torres's residence. When the agents arrived, they
observed that Torres's radio transmitting equipment was turned off.
When Torres turned the radio transmitting equipment on, the agents
observed that it was tuned to the frequency 26.71 MHz. During the
inspection, Torres claimed that he was not transmitting on the
frequency 26.71 MHz but he was listening to the Spanish conversation
on 26.71 MHz. Torres also informed the agents that he holds an Amateur
Extra Class License under the call sign N3TX. The agents informed
Torres that the Amateur Extra Class License does not authorize him to
operate on 26.71 MHz and that he must cease all transmissions on 26.71
MHz immediately.

4. On January 7, 2008, the Philadelphia Office issued Jose Torres a
Notice of Violation for operating on an unauthorized frequency, in
violation of Section 1.903(a) of the Rules, and for failing to
transmit the call sign identification, in violation of Section
97.119(a) of the Rules. On February 6, 2008, and February 8, 2008, the
FCC Philadelphia Office received two separate letters of similar
content from Jose Torres, in response to the Notice of Violation. In
his responses, Torres stated "[w]ith this writing respond I agree to
the Notice listed above. I fully understand the violation. According
to my license N3TX I will transmit where I'm authorized, at the Extra
Class portion only."

5. On February 15, 2008, the FCC Philadelphia Office received an e-mail
from the complainant alleging that the harmful interference to the
television has reappeared and is affecting the reception of
over-the-air television programming.

6. In response to a complaint that the interference had returned, agents
initiated another investigation. On April 17, 2008, between 8:00 pm
and 9:30 pm and on June 2, 2008 between 3:00 pm and 3:40 pm, agents
from the FCC's Philadelphia Office monitored and recorded radio
transmissions on the frequency 26.71 MHz. The agents used direction
finding techniques to locate the source of the transmission on 26.71
MHz to Torres's residence. At no time did Torres identify his
communications by transmitting his Amateur station call sign N3TX.

III. DISCUSSION

7. 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) of the Act has
been interpreted to mean simply that the acts or omissions are
committed knowingly. The term "repeated" means the commission or
omission of such act more than once or for more than one day.

8. Section 1.903(a) of the Act states that stations in the Wireless Radio
Services must be used and operated only in accordance with the rules
applicable to their particular service as set forth in this title and
with a valid authorization granted by the Commission. On December 11,
2007, Torres operated radio transmitting equipment from his residence
on 26.71 MHz. The license for station N3TX authorizes Jose Torres to
operate on specific frequencies in the Amateur Radio Service Band, but
does not authorize Jose Torres to operate 26.71 MHz. During a December
11, 2007, inspection the agents warned Torres that he must immediately
cease operating on the frequency 26.71 MHz. Furthermore, in the
January 7, 2008, Notice of Violation, the Philadelphia Office notified
Torres that he was in violation of Section 1.903(a) of the Rules for
operating on the unauthorized frequency. Notwithstanding these
warnings, on April 17, 2008, and June 2, 2008, Commission agents
determined that Torres operated radio transmitting equipment from his
residence on the frequency 26.71 MHz. Because Torres operated his
Amateur Radio station on an unauthorized frequency after being warned
that he did not have authority to do so and because he admitted to
such unauthorized operation, we find that the violation was willful.
Because the violation occurred on more than one day, it was repeated.

9. 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 radio transmitting equipment on
an unauthorized frequency is $4,000. In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(E) 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 of
the Rules, and the statutory factors to the instant case, we conclude
that Jose Torres is apparently liable for a ($4,000) forfeiture.

10. Section 97.119(a) of the Commission's Rules states that each amateur
station, except a space station or telecommand station, must transmit
its assigned call sign on its transmitting channel at the end of each
communication, and at least every 10 minutes during a communication,
for the purpose of clearly making the source of the transmissions from
the station known to those receiving the transmissions. On December
11, 2007, April 17, 2008, and June 2, 2008, agents from the
Philadelphia Office observed that Torres did not transmit his call
sign N3TX while operating his Amateur Radio station on the frequency
26.71 MHz. Based on the evidence before us, we admonish Jose Torres
for willfully and repeatedly violating Section 97.119(a) of the Rules
for failing to transmit a call sign.

IV. ORDERING CLAUSES

11. 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, Jose Torres is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
four thousand dollars ($4,000) for violation of Section 1.903(a) of
the Act.

12. IT IS FURTHER ORDERED that Jose Torres IS ADMONISHED for willfully and
repeatedly violating Section 97.119(a) of the Commission's Rules.

13. 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, Jose Torres SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.

14. Payment of the forfeiture must be made by credit card through the
Commission's Revenue and Receivables Operations Group at (202)
418-1995, or by check or similar instrument, payable to the order of
the Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced above. Payment by check or
money order may be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may
be made to ABA Number 021030004, receiving bank Federal Reserve Bank
of New York, and account number 27000001. Requests for full payment
under an installment plan should be sent to: Chief Financial Officer
-- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.8 If you have questions, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov. Jose Torres shall also send electronic
notification on the date said payment is made to NER-Response@fcc.gov.

15. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No.
referenced in the caption. An electronic copy shall be sent to
NER-Response@fcc.gov.

16. 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.

17. 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 Jose Torres at his address of
record.

FEDERAL COMMUNICATIONS COMMISSION

Gene Stanbro

District Director

Philadelphia Office

Northeast Region

Enforcement Bureau

47 U.S.C. S: 1.903(a).

47 U.S.C. S: 503(b).

47 U.S.C. S: 97.119(a).

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So the lesson IS, you must obey the rules of ANY radio service in which you intend to operate, it is a GOOD idea to let GO of any "outlaw" habits from the past, and move FORWARD with your amateur ticket with an eye towards it being a service WELL worth any sacrifice or trade-off from the old CB shenanigans, AND that it will provide exciting, MODERN hobby (even humanitarian) communications that will FAR exceed anything CB might have offered with that single band of noise, hash, harassers and agitators.


Gadfly

 

Agreed! That is one of the problems associated with the basically unregulated CB band. Because people have been able to treat the Citizens Band as an "appliance" with little regard for licensing and responsibility for their operations, they have a cavalier attitude towards the Amateur Service and the responsibility of licensing! Some, as perhaps the above gentleman may have been, are shocked to find that the authorities will not tolerate the same outlaw shenanigans as they were accustomed to previously. And that is, of course, one of the things one must consider when obtaining the license; you are going to be held to a higher standard of conduct than formerly was the norm on the outlaw-style CB band! You will be expected to KNOW the laws of ANY radio service in which you operate in additional to your amateur license (and that includes CB radio). You will be expected to operate your CB station with LEGAL equipment at LEGAL levels of power. You will not be able to "freeband", run your amateur equipment ON the CB band, or use power beyond that allowed for CB.

Unfortunately, there is a kind of "lure" to the reckless, lawless, unregulated "culture" of CB radio and some newly licensed people just cannot resist the temptation of "extra channels" and working 'that thar skip', and doing what they did prior becoming a ham! IOW, you can take the "chicken bander out of the chicken band, but you can't take the chicken band out of the chicken bander! That's unfortunate!!

When one considers the HUGE advantages offered by the amateur service, the vast number of operating frequencies, the astounding technology that has left CB radio right where it was in 1958, there's just NO comparison, and any required compliance with rules that chafe is EASY when the advantages are known, the "gifts" that are given in return are assessed.
There's just NO comparison!!!!


Gadfly

 

Let's compare apples to apples. If you want to talk about speeding, my last speeding ticket OR chargeable "offense" was in 1981. I have had no accidents, either except for a parking lot incident where a lady went to the RIGHT of me as I was turning down a parking aisle (WITH turn signal on, too). We struck at my right door (pickup truck). I think she was trying to BEAT me to a parking space ! Why she would pull such a bone-headed move is beyond me! I wasn't charged for THAT, either.
As to the theft of radio frequencies (and that IS what it is), it more accurately compares to someone coming into your house and taking a Honey-baked ham out of your fridge. It is something that BELONGS to YOU because YOU paid for it with your money. When someone shows up on 10 Meters with an illegal radio, having NO business being there, HE is STEALING something from the legally licensed person who "paid" for the privilege of using these frequencies. While not with "money" itself, he "paid" for that privilege by doing what the government (FCC) requires for that use. Once he has done that & and received the correct license (permission) to USE those frequency privileges, then they are HIS to use so long as he observes/obeys the LAW governing such use. Just as the law would prosecute the thief for stealing your ham, the law (FCC) will punish (and SHOULD do so) the THIEF that comes onto unauthorized frequencies. Why SHOULD the hams tolerate that? They DO resent it, and just like the ham (or any citizen) would take action against the "ham" thief (sorry for the pun), he will do what he has to get RID of the CBer who is on 10 Meters. What's wrong with THAT?

ALL I want to do is, other than to WARN people away from 10/12 Meters, is to let people KNOW that the so-called "10 Meter" radios with the "special (NOT!) channels) are illegal, and if the users come up onto 24 or 28 MHZ, they risk trouble. Many of them don't KNOW that CB only has 40 channels (PERIOD!), and they have been told by their buddies to, "GO AHEAD! ALL THEM OTHER CHANNELS ARE EMPTY ANYWAY!" They are NOT!
BUT they flip those "band" switches thinking they have found an "empty" channel. They even ask for "radio checks", and think their radio isn't working because they don't get an answer (unless there's another trucker up there, too, in which case, HE, too, will get nailed as well if the amateur ops hear 'em.

If truckers would just stay OFF 10 and 12 Meters, you'd not hear a word from the hams! It is that SINGLE issue of "entitlement", the theft of 10M, and the "big, bad radio operator" syndrome that causes the disrespect towards CBers.

GF