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| News and Events Mother gives birth to bigfoot-like child! Africa sinks! If it happens you'll read it here |
12-13-2012, 10:25 PM
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Ham Violated Communication Act, Reduces Forfeiture from $20,000 to $16,000
After unsuccessfully appealing to the FCC to cancel his $20,000 forfeiture, Joaquim Barbosa, N2KBJ, of Elizabeth, New Jersey was issued a Forfeiture Order stating that he must pay $16,000 for “willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended by operating a radio transmitting equipment on the frequency 296.550 MHz without Commission authorization.”
FCC Finds New Jersey Ham Violated Communication Act, Reduces Forfeiture from $20,000 to $16,000
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Connor - WQND300
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12-13-2012, 10:45 PM
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somehow the police can't enter your home yet a government bureaucracy that isn't specified to exist within the Constitution can for some reason enter a residence w/o a warrant and interrogate a individual without arrest, Miranda or representation present... Welcome to the police state.....
If there were a free country left, I'd move there.....
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TS-2000,SG-2020, Motorola Micom XF,PRC-174, FT-450,FT-817 ND, APX-7000 v/u Astro Spectra / Saber V/U XTS5K V/U/800, EFJ5100 V/U, & a old dusty scanner
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12-13-2012, 11:05 PM
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Here is why they can and did.... the FCC inspection was not a criminal investigation, thereby making much of Barbosa’s constitutional claims (such as the need for Miranda warnings) inapplicable. Second, the inspection was authorized under Section 303(n) of the Communications Act, which states that the Commission has the ‘authority to inspect all radio installations associated with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1).’ FCC agents are not required to obtain a warrant prior to conducting a radio station inspection. Third, as a licensed amateur radio operator for more than 13 years, Barbosa knew or should have known that any radio equipment at his station must be made available for inspection at any time when requested by the FCC..
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12-13-2012, 11:37 PM
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viking
it says right in the article that under the law they didn't need a warrant or Miranda so what your issue?
Last edited by kma371; 12-13-2012 at 11:40 PM..
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12-13-2012, 11:40 PM
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Quote:
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Mr. Barbosa told the FCC that “the frequency was one I knew to be an authorized Brazilian frequency for satellite communications and that I was operating on that frequency in compliance with a Brazilian permit as authorized by the Brazilian permit holder.”
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Unbelievable! |
12-13-2012, 11:49 PM
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Wirelessly posted (Mozilla/5.0 (BlackBerry; U; BlackBerry 9780; en-US) AppleWebKit/534.8+ (KHTML, like Gecko) Version/6.0.0.600 Mobile Safari/534.8+)
I LOVE the part where he stated that "a Brazilian" granted him permission to operate on the frequency under a Brazilian license. Via a US military satellite... What a dumb *ss. As a ham operator he deserves exactly what he got.
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Interoperatablity is not a technology it is an attitude!!!
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12-14-2012, 12:20 AM
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Quote:
Originally Posted by kma371
viking
it says right in the article that under the law they didn't need a warrant or Miranda so what your issue?
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Coming from California, I'd expect you to accept that as an answer.
The Constitution is the supreme law of the land, there can be no law allowing one to bypass it.
The Constitution restricts government, not just LE..
As mentioned in another thread, if you're not invited into my house, and you're there without a warrant, there will be problems for those uninvited guests.
People need to grow a pair and stand up to UNCONSTITUTIONAL bull****.
You just tell them you won't let them inspect your station, and if they suspend your license, then so be it.. Beats a 10k+ 'fine'
That being said, the ham is an idiot for operating on SATCOM freqs, with 'authorization' from a guy in Brazil.. W T F |
12-14-2012, 12:49 AM
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Quote:
Originally Posted by Viking1
...yet a government bureaucracy that isn't specified to exist within the Constitution...
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Your understanding of the constitution is woefully incomplete.
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Radio Shack coax doesn't go bad. It's born bad.
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12-14-2012, 1:23 AM
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The problem is the agents said he did allow them into the house and gave them a full tour. I think I would give the agents the benefit of the doubt considering what a moron the guy obviously is.
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12-14-2012, 2:23 AM
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Quote:
Originally Posted by mancow
The problem is the agents said he did allow them into the house and gave them a full tour. I think I would give the agents the benefit of the doubt considering what a moron the guy obviously is.
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Consent = no warrant required, no violation of 4th. |
12-14-2012, 2:32 AM
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Quote:
Originally Posted by jparks29
Coming from California, I'd expect you to accept that as an answer.
The Constitution is the supreme law of the land, there can be no law allowing one to bypass it.
The Constitution restricts government, not just LE..
As mentioned in another thread, if you're not invited into my house, and you're there without a warrant, there will be problems for those uninvited guests.
People need to grow a pair and stand up to UNCONSTITUTIONAL bull****.
You just tell them you won't let them inspect your station, and if they suspend your license, then so be it.. Beats a 10k+ 'fine'
That being said, the ham is an idiot for operating on SATCOM freqs, with 'authorization' from a guy in Brazil.. W T F
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Me being from California has nothing to do with the law or the constitution.
"inspection was authorized under Section 303(n) of the Communications Act, which states that the Commission has the ‘authority to inspect all radio installations associated with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1).’ FCC agents are not required to obtain a warrant prior to conducting a radio station inspection."
What part of that quote don't you get? They don't need a warrant. They don't need your permission. And if you don't allow them, they will just get a warrant and inspect it anyway.
The constitution doesn't allow searches, but under certain "CASE LAW" you may. For example, I'm a cop and your're a perp. For whatever reason, I think you may have a weapon in your pocket (zip gun for instance). If I can articulate that you may have a zip gun in your pocket (based on a pat down or whatever) , I can search you, without your permission, without a warrant. Wheres your constitutional law there? eh?
Last edited by kma371; 12-14-2012 at 2:35 AM..
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12-14-2012, 2:42 AM
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Quote:
Originally Posted by kma371
Me being from California has nothing to do with the law or the constitution.
"inspection was authorized under Section 303(n) of the Communications Act, which states that the Commission has the ‘authority to inspect all radio installations associated with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1).’ FCC agents are not required to obtain a warrant prior to conducting a radio station inspection."
What part of that quote don't you get? They don't need a warrant. They don't need your permission. And if you don't allow them, they will just get a warrant and inspect it anyway.
The constitution doesn't allow searches, but under certain "CASE LAW" you may. For example, I'm a cop and your're a perp. For whatever reason, I think you may have a weapon in your pocket (zip gun for instance). If I can articulate that you may have a zip gun in your pocket (based on a pat down or whatever) , I can search you, without your permission, without a warrant. Wheres your constitutional law there? eh?
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In other words, by acquiring an FCC license, which you don't have a constitutional right to possess, you basically consent to allowing them to inspect your equipment for compliance?
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12-14-2012, 2:56 AM
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Right. That's my point.
Quote:
Originally Posted by jparks29
Consent = no warrant required, no violation of 4th.
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12-14-2012, 6:23 AM
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He let them in the house and gave them a tour and showed them the radio and antenna...How is that violating his rights...The guy is a moron and gets what he deserves...
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12-14-2012, 7:24 AM
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Quote:
Originally Posted by mlmummert
In other words, by acquiring an FCC license, which you don't have a constitutional right to possess, you basically consent to allowing them to inspect your equipment for compliance?
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Bingo. |
12-14-2012, 7:32 AM
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Quote:
Originally Posted by FFPM571
He let them in the house and gave them a tour and showed them the radio and antenna...How is that violating his rights...The guy is a moron and gets what he deserves...
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He is also arrogant to think that a Brazilian permit allows him to do what he wants in another country. |
12-14-2012, 9:11 AM
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Wirelessly posted (Mozilla/5.0 (BlackBerry; U; BlackBerry 9780; en-US) AppleWebKit/534.8+ (KHTML, like Gecko) Version/6.0.0.600 Mobile Safari/534.8+)
Quote:
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Originally Posted by DickH
Quote:
Originally Posted by FFPM571
He let them in the house and gave them a tour and showed them the radio and antenna...How is that violating his rights...The guy is a moron and gets what he deserves...
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He is also arrogant to think that a Brazilian permit allows him to do what he wants in another country. |
The guy is a moron. Period. I am thinking that he should not possess a ham ticket, if he is that delusional to think some random person in another country can authorize him to TX out side the ham bands let alone on a US Military Satellite.
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Interoperatablity is not a technology it is an attitude!!!
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12-14-2012, 9:14 AM
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Constitutional authority
The U.S. Constitution, the Law of the Land, is an "expressed powers" document. What that means in plain southern English for government is; if it ain't written it can't be Lawfully done. I asked the FCC this question and got no answer. See this as a good opportunity to ask folks with an interest in such things so give it a try:
What section of the Constitution does the FCC depend upon for its' authority to exist as an "agency"?
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12-14-2012, 9:30 AM
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Amateur Radio
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The FCC did act on this an did it by the book. I would agree that being a Ham for 13 years he should know where he can transmit on within the ham bands with the license class that he is currently holding.. When you are in the United States of America you follow those rules for US citizens. The FCC gets its authorithy from the Communications Act of 1934 when the FCC was formed.
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Tim DeLong --W9NES--GMRS KAF3207--**Monitoring all of Metro Indianapolis/Marion County and Central Indiana and The World from**The Northwest Communications Center**
Last edited by W9NES; 12-14-2012 at 9:48 AM..
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12-14-2012, 9:50 AM
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Amateur Radio
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Quote:
Originally Posted by K2
The U.S. Constitution, the Law of the Land, is an "expressed powers" document. What that means in plain southern English for government is; if it ain't written it can't be Lawfully done. I asked the FCC this question and got no answer. See this as a good opportunity to ask folks with an interest in such things so give it a try:
What section of the Constitution does the FCC depend upon for its' authority to exist as an "agency"?
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Hogwash.
License and right aren't interchangeable. When you are granted a license, it grants your privileges. When you violate them, you are subject the the rules in effect. You knew about the rules when applying for said license. Such rules include fines and forfeitures.
you are granted a drivers' license. When you speed, you get a ticket. You pay a fine. Get too many, you lose you license.
you don't have a right to do anything outside your own property. Using public resources whether it's the airwaves or a public roadway subjects you to rules.
we don't live on an island with 50 people. Rules are needed to keep order and maintain an advanced society.
don't agree? go find your own island and play out Harrison Ford "The Mosquito Coast"
The FCC did it by the book. He was wrong. Pay the man, learn lessons and move on with life.
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