The FCC Does Care!!!

[SCPD]

A month or two ago someone posted a picture of their shack or mobile setup and it included reference to an illegal CB radio designed to transmit far more than 4 watts. Many posters on this thread defended his use of excessive power and chastised those who remarked negatively about the overpowered CB equipment. One or more posters said that it was OK to violate the law and FCC regulations because "the FCC doesn't care about illegal CB use." I just came across this FCC case from Portland, Oregon:

http://www.fcc.gov/eb/Orders/2007/DA-07-163A1.html

I did not go through the long list of current FCC enforcement cases and read them to determine if they were CB or ham radio related, so it is likely there are other cases. This one case certainly shows that those who made the comments about the FCC not caring about CB violations are incorrect. The violator pleaded for leniency because he claimed he could not pay the $10,000 fine. The FCC considered his plea and reduced the fine to $1500. Obviously CB enforcement is still alive and well, although hampered by a lack of field enforcement personnel, and you can still get busted and fined.

 

[tonsoffun]

It could be that they are still watching and listening, but that charge was in 2002 almost 6 yrs ago. I wonder if they are still in full force.
Take care
Ron

 

[loumaag]

It could be that they are still watching and listening, but that charge was in 2002 almost 6 yrs ago. I wonder if they are still in full force.
Take care
Ron

You can certainly peruse the various orders starting on this FCC page.

 

[ryangassxx]

You can certainly peruse the various orders starting on this FCC page.

Man,... reading over some of those penalties makes me nervous to even touch a radio now.... They fined one Ham operator $10,000 for making one way coms and not mentioning his call sign frequently enough... And one cab company $4,000 because one of their antennas was not a proper height...


JEEZ!!

 

[Universaldecoder]

Going after people is ironically one way to make money.

 

[ryangassxx]

Going after people is ironically one way to make money.

Oh that's nothing new.... It's like any other fine... Do you REALLY think you get parking tickets to teach you a lesson? It's ALL about that revenue for the local municipality... There's a new show on A&E called parking wars.... It's a reality show that follows these meter maids in Philadelphia, and it gives sort of an inside look at how they conduct business, as well as the bureaucracy bs... One part stuck out in my mind where one woman (who was an idiot) waited till the clock ticked 4:00PM on the dot and ran out and started throwing tickets on every car really fast... I guess at 4:00pm it's "rush hour" and no cars were allowed to be on the streets.. The messed up part was though that one of the signs was broken and not visible. She informed the guy that there was a sign in plain sight a BLOCK AWAY... And I can attest to this sort of behavior parking in Chicago... These people know that the crap involved in fighting these tickets is far more trouble than just paying it, so they purposely give out BS tickets.. They're encouraged to ticket as many cars as possible... It's not right... It's just more taxes really... It's so out of control.. You get it from both ends, and some places in between.. You forfeit 30% of your earnings right off the top, then pay sales tax on everything you buy, then you have to buy dumb crap like vehicle window and license plate stickers (just another form of tax), then there's the taxes levied under the guise of a penalty... If you did the math, you probably get to keep 40% of what you earn...

Let me tell you about something that happened in my neighborhood last year... I've lived at my current residence for over 12 years now.. During this entire time we've had NO issues with parking around our neighborhood.. All of the sudden last year the village came out and went up and down our street and sort of at random pained parts of the curb yellow and labeled "no parking"... They'd paint about 20 feet this way, then leave the next 20 feet alone, then painted again and so on.. The ONLY reason why this was done was to introduce the possibility of getting a ticket... Now all of the sudden we have a serious parking shortage situation on my street, and inevitably some people are forced to parking in these (perfectly fine) blocked off areas and are ticketed because of it.. Now,... do you think it's right for local government to impose unreasonable restrictions like this for the sole purpose of collecting revenue from it's residents? This is just a prime example of how government has lot sight of its own purpose.. We started government merely as a form of keeping order with things.. Now it seems like government is an entity all of it's own and we all live just to serve IT.. I honestly believe our founding fathers are rolling over in their graves right now... It's a shame... And it'll only get progressively worse till the day it gets SO bad that we'll all have to LITERALLY storm Washington with pitch forks and torches like a scene out of the middle ages... It's seriously coming to that..

Wow I sort of went off on a tangent there a bit..

 

[Universaldecoder]

Here in Michigan with the State Police cut backs...guess where they're going to be putting their focus on making money.

 

[ryangassxx]

Here in Michigan with the State Police cut backs...guess where they're going to be putting their focus on making money.

And that's a problem.... Because our government has become so bloated that it's constantly concerned with where it's going to get it's funding to support all of these unnecessary and frivolous programs.. It's forced to spend the majority of it's attention on collecting revenues from the citizens, rather than protecting and serving... Just think about what a cop spends the majority of it's time doing... Do you think they do more traffic stops and overall ticket issuing, or responding to actual problems..?

It seems like it's sort of defeating it's own purpose now... The number one concern that government has these days is funding... And it's no wonder why things are they are, because solving problems has actually been supplanted by funding issues as the primary concern... And when this huge ineffective bloated government has become more of a burden than it's worth, does any of it even really make sense?

 

[SCPD]

It is interesting how the discussion about a CB radio owner knowingly causing interference led to a discussion about bloated government and revenue collection. The fact that the CB owner was causing interference is not even mentioned by the last two posters. Something that is clearly wrong is twisted around and all sorts of unrelated discussion is made about how there is something wrong with the government, since they are the ones prosecuting the wrong doer.

If your parents punish you, something is wrong with them. If your teacher disciplines you both you and your parents blame the school and the teacher. If you fail in college something was wrong with the university and the professors. If you avoid paying taxes and have liens and penalties assessed against you it is the fault of the IRS. If you commit a crime the police, state corrections, and the county, state, or federal government obviously have a problem.

Boy, what great logic!

 

[Universaldecoder]

It is interesting how the discussion about a CB radio owner knowingly causing interference led to a discussion about bloated government and revenue collection. The fact that the CB owner was causing interference is not even mentioned by the last two posters. Something that is clearly wrong is twisted around and all sorts of unrelated discussion is made about how there is something wrong with the government, since they are the ones prosecuting the wrong doer.

If your parents punish you, something is wrong with them. If your teacher disciplines you both you and your parents blame the school and the teacher. If you fail in college something was wrong with the university and the professors. If you avoid paying taxes and have liens and penalties assessed against you it is the fault of the IRS. If you commit a crime the police, state corrections, and the county, state, or federal government obviously have a problem.

Boy, what great logic!

Do you know of any GOOD lawyers?

(Pssst....when it comes to humans, logic does not exist, ask any Vulcan)

 

[SCPD]

Man,... reading over some of those penalties makes me nervous to even touch a radio now.... They fined one Ham operator $10,000 for making one way coms and not mentioning his call sign frequently enough... And one cab company $4,000 because one of their antennas was not a proper height...


JEEZ!!

The antenna height is specified in the license issued for the transmitting equipment. Frequency coordination was most likely based on the antenna height specified in the license. The company probably willingly ignored the conditions of the license. The difference in the antenna height was most likely not a few feet, but involved moving it from a one story building and putting it on a tall tower or building. The correspondence indicates the company did not provide the documentation the FCC requested in order to make a ruling on the reduction in fine the company requested.

I was reading through some other cases where a company expressed that their income and assets were not sufficient for paying the $11,000 fine. They provided the requested documentation and the fine was reduced to $1500. This in a case involving a deliberate violation.

When you study for a ham license it is rather clear that one way transmissions are prohibited as is the requirement to identify your call sign. We all, at times, slip up and forget to identify because the conversation is interesting or whatever. The FCC is not looking to prosecute people for this type of error. In the case of this Bellingham ham operator he was probably not ID'ing because he did not want any one to know who was making the one way transmissions. If this case is similar to many I have heard about, the interference caused by this ham was probably a long term problem and was brought to the attention of the FCC by hams who filed complaints.

After reading many of these cases I've come to the conclusion that almost all of them involve individuals who have ignored requirements, ignored FCC correspondence, and ignored the requirements of the license issued to them. For every one of these cases, there a dozens or more where the FCC has resolved situations through education and additional compliance inspections. They use fines as a last resort.

For those of you who suggest that fines are intended for revenue collection only, you should be in a position of observing human behavior in regards to complying with the law. Many people will completely ignore the law until it costs them money. I don't know of any other method that can be used short of incarceration and that is inappropriate for a whole range of violations.

 

[SCPD]

Do you know of any GOOD lawyers?

(Pssst....when it comes to humans, logic does not exist, ask any Vulcan)

I've met many of them. They have worked for district attorneys, non-profit corporations, environmental organizations, government agencies, civil rights firms, and legal aid organizations. There is a somewhat famous lawyer who worked a case pro bono and won a judgement against a well known hate organization. The settlement bankrupted the hate group and it disbanded. I admire that kind of work.

 

[trace1]

There is a somewhat famous lawyer who worked a case pro bono and won a judgement against a well known hate organization. The settlement bankrupted the hate group and it disbanded. I admire that kind of work.

That case has to be the ultimate "slap in the face"!!!

 

[DaveNF2G]

All of the sudden last year the village came out and went up and down our street and sort of at random pained parts of the curb yellow and labeled "no parking"... They'd paint about 20 feet this way, then leave the next 20 feet alone, then painted again and so on.. The ONLY reason why this was done was to introduce the possibility of getting a ticket

Has nobody in your village considered the possibility that the curb painting and subsequent ticketing might be illegal? Aren't they supposed to conduct public hearings before pulling that sort of stunt?

 

[XTS3000]

the FCC doesn't have the time to listen to CB or ham radio for that matter. They simply respond to complaints and act accordingly most of the time.

When the FCC did enforce the CB band in the 70's/early 80's, there were no: commercial satellites, cell phones, internet, etc. The FCC has much more to deal with today then they did back then. CB must be their last priority or close to last.....

When you can fine Direct TV $70,000 for moving a satellite from a temperary location to it's normal FCC alloted slot one day early, why bother with the piddly low fines generated by CB violations.

As for the ham op getting nailed for not saying his call, that's probably NOT the reason for getting the FCC's attention. Probably the part about one-way conservations he was having. Talking to himself or playing music over a repeater is probably what got him nailed. Ham ops have no tollerence for horse play, and would turn him in to the FCC in a heart beat.

There are so many people in my area that's been running illegal power/freqs on the CB band for over 20 years and not one of them has been visited by the FCC. These are base stations, so the FCC would not have ANY problem locating them what-so-ever. There are 3 FCC offices within 120 miles - 2 within 20-30 miles. Apparently they have not had any complaints to the FCC, so they are left alone?? The vast majority of these illegal operators around here just talk like ham operators on the radio and don't play children games to bring attention to their illegal operations. The frequencies they run on are not being used by anyone else or any other radio service on them, so they are not actually interferring with anyone or anything.

I still wonder to this day why the FCC has not taken action against these people??? Only reason I can guess is they are not bothering anyone, so they are left along. Apparently the FCC is just too busy.

 

[loumaag]

...I still wonder to this day why the FCC has not taken action against these people??? Only reason I can guess is they are not bothering anyone, so they are left along. Apparently the FCC is just too busy.

Actually, in reference to enforcement, the FCC only acts on complaints. This includes public safety, broadcasting, etc., so if no one complains, there will be likely no action taken.

 

[ka5lqj]

.........
There are so many people in my area that's been running illegal power/freqs on the CB band for over 20 years and not one of them has been visited by the FCC. These are base stations, so the FCC would not have ANY problem locating them what-so-ever. There are 3 FCC offices within 120 miles - 2 within 20-30 miles. Apparently they have not had any complaints to the FCC, so they are left alone?? The vast majority of these illegal operators around here just talk like ham operators on the radio and don't play children games to bring attention to their illegal operations. The frequencies they run on are not being used by anyone else or any other radio service on them, so they are not actually interferring with anyone or anything.

I still wonder to this day why the FCC has not taken action against these people??? Only reason I can guess is they are not bothering anyone, so they are left alone. Apparently the FCC is just too busy.

Actually, frequencies below 26.965mcs and above 27.405 ARE assigned to other services. Just ask any "Mud Duck" who was on 27.440, mcs. I know of several here who got a "visit" from "Uncle", lost their equipment and were fined. Not only is the F.C.C. listening, but the Army, C.A.P. and other services are listening for encroachment. I don't much
worry about the CB'ers, High-bander's, or even the "trucker's" who seem to get on 10 meters, 2 kW's of CW or a kW of SSB on 10 usually changes their mind about operating up there, LOL! Even low-powered PSK-31 seems to deter them <screech!>

Respectfully,
73,

Don/KA5-LQJ

 

[kb2vxa]

"Actually, in reference to enforcement, the FCC only acts on complaints."

How very true, and sufficient hard documented irrefutable evidence must be presented to them before they even lift a finger. It's the same with any law enforcement, you must prove it's worth them launching an investigation and they will NOT act solely on evidence supplied by you. Unless supplied by duly authorized persons evidence will not stand up in court which is why the court will not accept it in the first place. Like it or not that's how the system works and it works well because it's not Salem anymore, you won't be burned at the stake on account of a couple of freaked out little girls.

"High-bander's, or even the "trucker's" who seem to get on 10 meters, 2 kW's of CW or a kW of SSB on 10 usually changes their mind about operating up there, LOL!"

Why drive up the electric bill when the standard 100W CW or QRP close in will get them all riled up over "Those #@*&% BEEPERS!!!"? (;->)

"Even low-powered PSK-31 seems to deter them <screech!>"

Sure it'll "deter" them but you can't copy over them. With a narrow CW filter they go bye bye even if they're parked out front with a gazillion pills and the hammer down. (;->)

CW, CB with a twist. (Turn the B 90 degrees to the right and say.... ..) Oh, and may I remind you that 2KW is 500W over the legal limit? Besides, you can only drive one KW at a time. (Little trucker joke, very little.)