FCC cites illegally powered CBer

Started by WA4STO, April 25, 2013, 06:02:19 PM

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   February 15, 2013

   Mr. James Engle

   (Address withheld)

   (Address withheld)

   RE: Warning for Unlicensed Radio Operation

   Dear Mr. Engle:

   The Federal Communications Commission has received a report that at
   various times in the last several months you have operated overpowered
   transmitting equipment on 11 meters that has interfered with
   communications in the 10 meter band, for which a license is required.
   Furthermore, on February 15, 2013 at 9:50 (ET) a Canadian licensee
   contacted the Commission and allowed undersigned counsel to listen to you
   on air making threats against another CB operator and stating that you
   would use as much power as necessary in order to actively prevent the
   Canadian CB operators to communicate with one another.

   The Commission's rules require that you operate your CB station with an
   FCC certified CB transmitter.^ The rules also prohibit the use of external
   radiofrequency power amplifiers (sometimes called linears or linear
   amplifiers).^ The rules further provide that use of a non-certified CB
   transmitter and/or a power amplifier voids your authority to operate the

   Operation of radio transmitting equipment without a valid FCC
   authorization is a violation of Section 301 of the Communications Act of
   1934, as amended,^ and may subject the responsible parties to substantial
   monetary forfeitures, ^ ^ in rem arrest action against the offending radio
   equipment, and criminal sanctions including imprisonment.^ Because
   unlicensed operation creates a danger of interference to important radio
   communications services and may subject the operator to severe penalties,
   this warning emphasizes the importance of complying strictly with these
   legal requirements.


   You have ten (10) days from the date of receipt of this letter to respond
   to this office. The response must contain a statement of the specific
   action(s) taken to bring your CB station into compliance with the
   Commission's rules and should include a time line for completion of
   pending corrective action(s). You are directed to support your response
   with a signed and dated affidavit or declaration under penalty of perjury,
   verifying the truth and accuracy of the information submitted in your
   response. Your response should be sent to 1270 Fairfield Road, Gettysburg,
   PA 17325 and reference the listed case number.

   In an inquiry of this type we are required to notify you that under the
   Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), the Commission's staff will
   use all relevant information before it, including information you disclose
   in your reply, to determine what, if any, enforcement action is warranted
   in this matter.

   You may contact me at 717-338-2577 should you wish to discuss this matter.


   Laura L. Smith, Esq.

   Special Counsel

   Enforcement Bureau

   Cc: New York Field Office

   Northeast Regional Director

   ^ 47 C.F.R. S 95.409(a).

   ^ 47 C.F.R. S 95.411(a)(1).

   ^ See 47 C.F.R. SS 95.409 (a); 95.411(b).

   ^ 47 U.S.C. S 301.

   ^ Fines normally range from $7,500 to $10,000.

   ^ See SS 401, 501, 503, 510.