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

Discussion in 'CB Radio Forum' started by Gadfly, Jan 27, 2009.

  1. Gadfly

    Gadfly Medium Load Member

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    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 $$$$$$$$! :biggrin_25511:

    This is an example of such a violation:
    *********************************************************


    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).

    ********************************************************
    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
     
  2. kd5drx

    kd5drx <strong>Master of Electronic Communications</stron

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    That is one of the problems with having a license if you do something stupid like this guy did you loose it. If he had been on a legal cb radio and not been causeing problems with his neighbors no problems. If he had been operating in his assigned band and useing legal equipment and legal power again no problem. But when he took it to the next level he became an outlaw or freebander if you will. Now he will loose his equipment his license and alot of other things i'm sure.
     
  3. Gadfly

    Gadfly Medium Load Member

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    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!:biggrin_25526: :biggrin_255: 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!!!!:biggrin_25519:


    Gadfly
     
  4. Paulie

    Paulie Bobtail Member

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    There are idiots everywhere and it has nothing to do with CB or any other type of radio hardware or wave. It is just one of the tools a fool can get his hands on to show off their perfected craft.


    Icom Handheld
    Yeasu Handheld
    Yeasu Mobile
    Galaxy DX99V
    Magnum S9
    Cobra 29
    Xforce x-400
    Xforce 1.6kw


    Never one legit complaint in 17 years of smack talk and good chat alike. The operator makes the difference just like in a truck.

    Hang in there Gadfly. Keep pushing the hopeless cause brother. Send a few letters to Oprah and get on her show to share the negative impacts on Global economy due to these big ole 11 meter radios. Maybe it will help.
     
  5. 1989 Pete

    1989 Pete "Pine Tree Eater"

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    I didn't see anything wrong with it!
     
  6. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Hey gadfly you were the hall monitor that always got his ### handed to him in school weren't you? I mean give it a break, nobody here cares about your rants. It would be like my cousin who is a security guard following you around all day waiting for you to speed and then calling the cops on you for speeding. But I'm sure you don't ever go 1 mph over the speed limit do you? I mean that would be breaking the law and surely such an upstanding law abiding citizen like you wouldn't dare go 1 mph over the speed limit cause that would be just as bad as transmitting on an illegal frequency since both are breaking the law right? :biggrin_25511:
     
  7. Gadfly

    Gadfly Medium Load Member

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    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 !:biggrin_2559: Why she would pull such a bone-headed move is beyond me!:biggrin_25513: 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
     
  8. Turbo-T

    Turbo-T Road Train Member

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    I think the reason for so many "illegal trespassers" on the ham bands are because most of the truck drivers are not aware of what the 'band' switch is on a Connex/General lee/Stryker/export radio.

    Do trucking schools even cover how to use a CB radio and which ones are legal and which ones are not? If they don't, they should.

    Perhaps if the truck drivers were more informed, most of them would stay off of the 10 meter bands.

    My 2 cents
     
  9. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    I have ran an ILLEGAL radio for years and never once transmitted over a frequency other than 11 meter frequencies. Get over yourself and move on. You could learn a lot from WA4GCH and his manner.
     
    silentpardner Thanks this.
  10. WA4GCH

    WA4GCH Road Train Member

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    TRUE .....

    Part of the problem is the people who make the exports what they should have done years ago is you convert it to CB and it dosn't go on 10 meters anymore ....... problem solved .....
     
    runaway and red_eye Thank this.