FCC Illegal Use Fine

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bixlerjd

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Good Evening All,

I have been googling and looking through FCC code and various articles but I can't seem to find the exact source where it says that you get a $10,000 fine for using a frequency illegally/unauthorized. Can anyone point me in that direction?

Thanks!
 

n5ims

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Here are some FCC actions with fines well over $10,000 for transmitting on frequencies they weren't licensed to operate on.

http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0311/DA-11-472A1.txt
http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0329/DA-11-567A1.txt
http://transition.fcc.gov/eb/Orders/2011/DA-11-1043A1.html
http://transition.fcc.gov/eb/Orders/2008/DA-08-403A1.html
ftp://ftp.fcc.gov/pub/Daily_Releases/Daily_Business/2011/db0921/DA-11-1584A1.txt

If you notice that most of these reference section 301 of the Communications Act of 1934 (Communications Act of 1934) which provides the legal authorization for the fine.

SEC. 301. It is the purpose of this Act, among other things, to maintain the control of the United States over all the channels of interstate and foreign radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio (a) from one place in any Territory or possession of the United States, or in the District of Columbia to another place in the same Territory, possession, or District; or (b) from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or (c) from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or (d) within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or (e) upon any vessel or aircraft of the United States; or (f) upon any other mobile stations within the jurisdiction of the United States, except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act.
 

kd7kdc

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Look at FCC Policy statement 93-382 Title: Standards For Assessing FCC Fines For Violations.
 
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