04-09-2004, 04:53 PM
From the ARRL website. 08 April 04. Latest FCC actions against illegals on 10M.
WHAMMMM!
K3FT
======================
March 19, 2004
CB Sales and Service
ATTN: Mr. Jim Norton
190E Lenlock Lane
Anniston, AL 36206
Citation No. C200432480001--File No: EB-04-AT-024
Released: March 19, 2004
By the Enforcement Bureau, Atlanta Office
1. This is an official Citation issued pursuant to Section 503(b) of The Communications Act of 1934, as amended ("Act"), [1] to Mr. Jim Norton, owner of CB Sales and Service, Anniston, Alabama, for violation of Section 302(b) of the Act, 2 and Section 2.803(a)(1) of the Commission's Rules.3
2. An investigation by the FCC's Atlanta Office revealed that on March 11, 2004, you offered for sale at your retail store
located at 190E Lenlock Lane, Anniston, Alabama, eight models of non-certified Citizens Band transceivers, namely, a Galaxy model DX66V, a Galaxy model DX 73V, a Galaxy model 48T Big Rig Series, a Galaxy model DX88HL, and a Galaxy model DX77HML, a Galaxy DX44V, Galaxy DX33HML, and Galaxy model DX99V. According to Commission's records, these devices have not received an FCC equipment authorization which is required for Citizens Band transmitters marketed in the United States. Furthermore, these devices bore no FCC equipment authorization labeling that is required for Citizens Band transceivers marketed in the United States.4
3. Section 302(b) of the Act provides "{n}o person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section." Section 2.803(a)(1) of the Rules provides that "...no person shall sell or lease, or offer for sale or lease (including advertising for sale or lease), or import, ship or distribute for the purpose of selling or leasing or offering for sale or lease, any radio frequency device unless: (1) In the case of a device subject to certification, such device has been authorized by the Commission in accordance with the rules in this chapter and is properly identified and labeled..." Jim Norton's CB Sales and Service's offer for sale of these devices violates both sections.
4. Additionally, dual use CB and amateur radios of the kind at issue here may not be certificated under the Commission's rules. Section 95.655(a) of the rules states: "...
({CB} Transmitters with frequency capability for the Amateur Radio Services....will not be certificated.)" See also FCC
88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Five of the Galaxy model CB transceivers previously mentioned were identified as having the modification done to enable dual use of CB and amateur frequencies. These units were Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL; and Galaxy DX77HML.
5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES.
6. Subsequent violations of the Communications Act or of the Commission's Rules may subject the violator to substantial
monetary forfeitures not to exceed $11,000 for each such violation or each day of a continuing violation, seizure of equipment
through in rem forfeiture action, and criminal sanctions including imprisonment.
7. Mr. Jim Norton may request a personal interview at the closest FCC location to its place of business, namely:
Federal Communications Commission
3575 Koger Blvd., Suite 320
Duluth, GA 30096
which can be contacted by telephone at 770-935-3370. Any written statement should specify what actions have been taken to correct the violation outlined above. When corresponding with the Commission, case number EB-04-AT-024 should be
referenced.
8. Any statement or information provided may be used by the Commission to determine if further enforcement action is
required. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.
Fred Broce
District Director, Atlanta Office
================================================
March 24, 2004
Winco Company
101 East Myrtle Street
Boise, ID 83702-7608
Winco Company General Offices
650 North Armstrong Place
Boise, ID 83704-0825
SUBJECT: ADVISORY NOTICE--UNLICENSED RADIO OPERATION BY DRIVERS
Dear Sir:
Information has come to the Commission's attention that your truck drivers may be using unlicensed 10-meter Amateur Radio
transmitting equipment, operating on 28.000 to 28.100 MHz, for communications on Interstate 84 between Idaho and Oregon. Your drivers confirmed this to a Commission licensee in Baker, Oregon, earlier this month.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
Please contact me at 717-338-2502 to discuss this matter.
CC: FCC Western Regional Director
===========================================
March 23, 2004
J. Grady Randolph, Inc.
541 Concord Road
Gaffney, SC 29341
SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION Case # EB-2004-2536
Dear Sir:
Information before the Commission indicates that one of your trucks, bearing South Carolina license plate 75205, was the
source of radio transmissions on the 10-meter Amateur Radio band at 1:13 PM on February 11, 2004, on Interstate 85 North at US 321 North. The frequency used was 28.085 MHz.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Region
=================================
March 23, 2004
Food Service, Inc.
273 Riverchase Way
Lexington, SC 29072-9407
SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION Case # EB-2004-2538
Dear Sir:
Information before the Commission indicates that one of your trucks, a 1990 GMC bearing South Carolina license plate
P107554, was the source of radio transmissions on the 10-meter Amateur Radio band at noon on March 2, 2004 on Interstate 85 South at Exit 2. The frequency used was 28.085 MHz. While truckers commonly use Citizens Band (CB) radio units, the use of any radio transmitting equipment on Amateur Radio frequencies requires a license issued by the Commission.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Regional Director
========================================
March 23, 2004
RWBT Inc.
220 W Ritchie Road
Salisbury, NC 28147-8052
SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION Case # EB-2004-2537
Dear Sir:
Information before the Commission indicates that one of your trucks, a tanker bearing North Carolina license plate LF-8611
and the logo "Quality Carriers," was the source of radio transmissions on the 10-meter Amateur Radio band at 2http://www.qrz.com/iB_html/non-cgi/emoticons/wow.gif5 PM on
February 5, 2004, on Interstate 85 North at Exit 22. While truckers commonly use Citizens Band (CB) radio units, the use of
any radio transmitting equipment on Amateur Radio frequencies requires a license issued by the Commission.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Region
============================
================================
March 23, 2004
Mr. Donal W. Hewitt
P. O. Box 344
Tomball, TX 77377
SUBJECT: WARNING NOTICE--POWER AMPLIFIER MARKETING VIOLATIONS
Case # EB-2000-222
Dear Mr. Hewitt:
At the Dayton Hamvention in 1999, an official Notice of Violation was issued to you as a result of violation of Section 2.815 of the Commission's rules regarding manufacturing and marketing external radio frequency power amplifiers that operate below 144 MHz. The citation was based upon the offering for sale of your model WM-600 and WM-300 amplifiers and kits.
In your response to the citation on May 24, 1999, you stated "I have ceased from selling and offering for sale the Model
WM-300 and WM-600 linear amplifiers and any other of this type amplifiers." We note that on your Web site
<www.worth-more.com>, you are again advertising these amplifiers. Although you state on the Web site that these units are for sale "pending certification," we note numerous reports from purchasers of these units on www.eHam.net.
We also note that on January 17, 2004, you presented and offered for sale non-certified amplifiers at the Houston Amateur
Radio Supply parking lot as well as at the February 21, 2004, Smithville, Texas Hamfest.
This letter constitutes a Warning that continued sale of non-certified equipment will subject you to fine or imprisonment, as well
as an in rem seizure of non-certified equipment, in cooperation with the United States Attorney for your jurisdiction.
Monetary forfeitures normally range from $7,500 to $10,000. Such continued sale will also result in the designation of
your Amateur Radio station license for a revocation proceeding, and your Operator license for a suspension proceeding. This is the last written warning you will receive about this matter.
CCL: Southeastern Regional Director, FCC
==============================
WHAMMMM!
K3FT
======================
March 19, 2004
CB Sales and Service
ATTN: Mr. Jim Norton
190E Lenlock Lane
Anniston, AL 36206
Citation No. C200432480001--File No: EB-04-AT-024
Released: March 19, 2004
By the Enforcement Bureau, Atlanta Office
1. This is an official Citation issued pursuant to Section 503(b) of The Communications Act of 1934, as amended ("Act"), [1] to Mr. Jim Norton, owner of CB Sales and Service, Anniston, Alabama, for violation of Section 302(b) of the Act, 2 and Section 2.803(a)(1) of the Commission's Rules.3
2. An investigation by the FCC's Atlanta Office revealed that on March 11, 2004, you offered for sale at your retail store
located at 190E Lenlock Lane, Anniston, Alabama, eight models of non-certified Citizens Band transceivers, namely, a Galaxy model DX66V, a Galaxy model DX 73V, a Galaxy model 48T Big Rig Series, a Galaxy model DX88HL, and a Galaxy model DX77HML, a Galaxy DX44V, Galaxy DX33HML, and Galaxy model DX99V. According to Commission's records, these devices have not received an FCC equipment authorization which is required for Citizens Band transmitters marketed in the United States. Furthermore, these devices bore no FCC equipment authorization labeling that is required for Citizens Band transceivers marketed in the United States.4
3. Section 302(b) of the Act provides "{n}o person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section." Section 2.803(a)(1) of the Rules provides that "...no person shall sell or lease, or offer for sale or lease (including advertising for sale or lease), or import, ship or distribute for the purpose of selling or leasing or offering for sale or lease, any radio frequency device unless: (1) In the case of a device subject to certification, such device has been authorized by the Commission in accordance with the rules in this chapter and is properly identified and labeled..." Jim Norton's CB Sales and Service's offer for sale of these devices violates both sections.
4. Additionally, dual use CB and amateur radios of the kind at issue here may not be certificated under the Commission's rules. Section 95.655(a) of the rules states: "...
({CB} Transmitters with frequency capability for the Amateur Radio Services....will not be certificated.)" See also FCC
88-256, 1988 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id., and thereby deter use by CB operators of frequencies allocated for amateur radio use. Five of the Galaxy model CB transceivers previously mentioned were identified as having the modification done to enable dual use of CB and amateur frequencies. These units were Galaxy DX66V; Galaxy DX73V; Galaxy DX48T; Galaxy DX88HL; and Galaxy DX77HML.
5. Furthermore, the Commission has revised Section 2.1204(a)(5) of its rules to prohibit all marketing and/or offering for sale in the United States of such devices even when the purchaser(s) had provided assurances that the transceivers are being bought solely for export. ALL DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S RULES.
6. Subsequent violations of the Communications Act or of the Commission's Rules may subject the violator to substantial
monetary forfeitures not to exceed $11,000 for each such violation or each day of a continuing violation, seizure of equipment
through in rem forfeiture action, and criminal sanctions including imprisonment.
7. Mr. Jim Norton may request a personal interview at the closest FCC location to its place of business, namely:
Federal Communications Commission
3575 Koger Blvd., Suite 320
Duluth, GA 30096
which can be contacted by telephone at 770-935-3370. Any written statement should specify what actions have been taken to correct the violation outlined above. When corresponding with the Commission, case number EB-04-AT-024 should be
referenced.
8. Any statement or information provided may be used by the Commission to determine if further enforcement action is
required. Any knowingly or willfully false statement made in reply to this notice is punishable by fine or imprisonment.
Fred Broce
District Director, Atlanta Office
================================================
March 24, 2004
Winco Company
101 East Myrtle Street
Boise, ID 83702-7608
Winco Company General Offices
650 North Armstrong Place
Boise, ID 83704-0825
SUBJECT: ADVISORY NOTICE--UNLICENSED RADIO OPERATION BY DRIVERS
Dear Sir:
Information has come to the Commission's attention that your truck drivers may be using unlicensed 10-meter Amateur Radio
transmitting equipment, operating on 28.000 to 28.100 MHz, for communications on Interstate 84 between Idaho and Oregon. Your drivers confirmed this to a Commission licensee in Baker, Oregon, earlier this month.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
Please contact me at 717-338-2502 to discuss this matter.
CC: FCC Western Regional Director
===========================================
March 23, 2004
J. Grady Randolph, Inc.
541 Concord Road
Gaffney, SC 29341
SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION Case # EB-2004-2536
Dear Sir:
Information before the Commission indicates that one of your trucks, bearing South Carolina license plate 75205, was the
source of radio transmissions on the 10-meter Amateur Radio band at 1:13 PM on February 11, 2004, on Interstate 85 North at US 321 North. The frequency used was 28.085 MHz.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Region
=================================
March 23, 2004
Food Service, Inc.
273 Riverchase Way
Lexington, SC 29072-9407
SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION Case # EB-2004-2538
Dear Sir:
Information before the Commission indicates that one of your trucks, a 1990 GMC bearing South Carolina license plate
P107554, was the source of radio transmissions on the 10-meter Amateur Radio band at noon on March 2, 2004 on Interstate 85 South at Exit 2. The frequency used was 28.085 MHz. While truckers commonly use Citizens Band (CB) radio units, the use of any radio transmitting equipment on Amateur Radio frequencies requires a license issued by the Commission.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Regional Director
========================================
March 23, 2004
RWBT Inc.
220 W Ritchie Road
Salisbury, NC 28147-8052
SUBJECT: WARNING NOTICE--UNLICENSED RADIO OPERATION Case # EB-2004-2537
Dear Sir:
Information before the Commission indicates that one of your trucks, a tanker bearing North Carolina license plate LF-8611
and the logo "Quality Carriers," was the source of radio transmissions on the 10-meter Amateur Radio band at 2http://www.qrz.com/iB_html/non-cgi/emoticons/wow.gif5 PM on
February 5, 2004, on Interstate 85 North at Exit 22. While truckers commonly use Citizens Band (CB) radio units, the use of
any radio transmitting equipment on Amateur Radio frequencies requires a license issued by the Commission.
Please be advised that operation of radio transmitting equipment without a license is a violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 301, and will subject the operator to fine or imprisonment, as
well as an in rem seizure of any non-certified radio transmitting equipment, in cooperation with the United States Attorney for
your jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Region
============================
================================
March 23, 2004
Mr. Donal W. Hewitt
P. O. Box 344
Tomball, TX 77377
SUBJECT: WARNING NOTICE--POWER AMPLIFIER MARKETING VIOLATIONS
Case # EB-2000-222
Dear Mr. Hewitt:
At the Dayton Hamvention in 1999, an official Notice of Violation was issued to you as a result of violation of Section 2.815 of the Commission's rules regarding manufacturing and marketing external radio frequency power amplifiers that operate below 144 MHz. The citation was based upon the offering for sale of your model WM-600 and WM-300 amplifiers and kits.
In your response to the citation on May 24, 1999, you stated "I have ceased from selling and offering for sale the Model
WM-300 and WM-600 linear amplifiers and any other of this type amplifiers." We note that on your Web site
<www.worth-more.com>, you are again advertising these amplifiers. Although you state on the Web site that these units are for sale "pending certification," we note numerous reports from purchasers of these units on www.eHam.net.
We also note that on January 17, 2004, you presented and offered for sale non-certified amplifiers at the Houston Amateur
Radio Supply parking lot as well as at the February 21, 2004, Smithville, Texas Hamfest.
This letter constitutes a Warning that continued sale of non-certified equipment will subject you to fine or imprisonment, as well
as an in rem seizure of non-certified equipment, in cooperation with the United States Attorney for your jurisdiction.
Monetary forfeitures normally range from $7,500 to $10,000. Such continued sale will also result in the designation of
your Amateur Radio station license for a revocation proceeding, and your Operator license for a suspension proceeding. This is the last written warning you will receive about this matter.
CCL: Southeastern Regional Director, FCC
==============================