RadioGuy7268
Member
Here's one I've never run across before. I've got a customer who started buying radios from us about 7 years ago. They had some cheap job site radios, and wanted to get some new radios that would allow them to scan, as they already used some different user groups. Along the way, they probably added close to 40 radios on to their fleet as the years went on. We considered them to be a good customer.
Now, here's the kicker. Nobody ever checked their license. The customer had existing radios, and we kept selling and programming to their existing channel setup.
Come to find out the customer's license expired 5 years ago, and one of the frequencies they were using was never licensed.
A field Agent from the FCC was snooping around ( supposedly on an anonymous tip), and checked the customer's operation. Customer finds out they're operating illegally and calls us. We tell them they need to stop operation, get licensed for those frequencies (if they still can) and meanwhile I can either rent them some radios or re-program their existing radios (for a fee) to a private carrier MO6 frequency I'm licensed for in their area as a temporary fix. Customer gets upset that they're in a bind, and doesn't really have the budget to spend any money.
The customer has some aspects of their operation that involve the safety and security of school children, so they tell the FCC that it's vital they continue operations under 90.417 (a) : Any station licensed under this part may communicate with any other station without restriction as to type, service, or licensee when the communications involved relate directly to the imminent safety-of-life or property.
So, the FCC has apparently allowed the customer to continue operations on an unlicensed channel. It's been over a month since this situation came to my attention. However, I just got a Notice Of Violation in the mail today which tells me that I'm in Violation of 90.427(b) for programming a transmitter for which the licensee is not authorized. I've got 20 days to respond, and I'm assuming I'll receive some type of fine, based upon how good my response sounds & the mood of the FCC that day.
Has anyone else run up against this? How the heck can an unlicensed operation continue? While the FCC turns around and tries to fine us for programming ? The FCC seems to be painting us as the bad guy. I always thought it was the licensee's responsibility to keep & maintain their license. I guess the easiest & most profitable way to police the airwaves is to fine other people for not enforcing your rules - especially when you don't enforce them either !
/rant
Now, here's the kicker. Nobody ever checked their license. The customer had existing radios, and we kept selling and programming to their existing channel setup.
Come to find out the customer's license expired 5 years ago, and one of the frequencies they were using was never licensed.
A field Agent from the FCC was snooping around ( supposedly on an anonymous tip), and checked the customer's operation. Customer finds out they're operating illegally and calls us. We tell them they need to stop operation, get licensed for those frequencies (if they still can) and meanwhile I can either rent them some radios or re-program their existing radios (for a fee) to a private carrier MO6 frequency I'm licensed for in their area as a temporary fix. Customer gets upset that they're in a bind, and doesn't really have the budget to spend any money.
The customer has some aspects of their operation that involve the safety and security of school children, so they tell the FCC that it's vital they continue operations under 90.417 (a) : Any station licensed under this part may communicate with any other station without restriction as to type, service, or licensee when the communications involved relate directly to the imminent safety-of-life or property.
So, the FCC has apparently allowed the customer to continue operations on an unlicensed channel. It's been over a month since this situation came to my attention. However, I just got a Notice Of Violation in the mail today which tells me that I'm in Violation of 90.427(b) for programming a transmitter for which the licensee is not authorized. I've got 20 days to respond, and I'm assuming I'll receive some type of fine, based upon how good my response sounds & the mood of the FCC that day.
Has anyone else run up against this? How the heck can an unlicensed operation continue? While the FCC turns around and tries to fine us for programming ? The FCC seems to be painting us as the bad guy. I always thought it was the licensee's responsibility to keep & maintain their license. I guess the easiest & most profitable way to police the airwaves is to fine other people for not enforcing your rules - especially when you don't enforce them either !
/rant
