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Topic Review (Newest First)
11-07-2008 05:11 PM
Tj Bunch I belive just Posession of an amp modified for 11meter is Illegal, but i'm not sure I read some where that they consider it intent to use. But here in Cali we have never been hasseld by FCC. We used to talk with some Heavy hitters 1 and 2k watt amps on bases. all I ever use is my palomar 225. I'm still looking for a deal on Texas star 350v.
10-31-2008 02:11 PM
Louisiana_WranglerX It looks like that guy had enough warnings...he should've invested in a filter...so he wouldn't make his neighbors angry...I'm sure now he wishes he did.....
12-13-2007 11:29 AM
Badge1236 If all you have is a recieve or Pre-amp then it is legal. If your pre-amp has an output amp as well and it boosts the signal to more than 4 watts then it is illegal. Usually you will be fine if you are not stupid and run it in a vehicle and don't piss off the wrong person. If you have as a base station and run it all the time and piss people off then you will get a visit from the FCC dude.
12-12-2007 10:42 AM
skeeter Before the Federal Communications Commission Washington, D.C. 20554 ) ) In the Matter of File Number: EB-06-AT-057 ) Larry J. Duckworth NAL/Acct.No.: 200732480002 ) Cordele, Georgia FRN: 0015847296 ) )) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 15, 2006 By the District Director, Atlanta Field Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Larry J. Duckworth apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended ("Act') by operating a radio transmitter without an authorization from the Commission. We conclude, pursuant to Section 503(b) of the Act, that Mr. Duckworth is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. In response to a complaint, on July 18, 2006, agents from the Commission's Atlanta Office of the Enforcement Bureau ("Atlanta Office") conducted an inspection of Mr. Duckworth's CB radio station located inside his residence. The agents observed a coaxial cable connecting a linear amplifier to his CB transmitter. The power of the station as installed measured at 106 watts. Mr. Duckworth admitted to the agents that he had been operating the station with the attached linear amplifier. The agents informed him that he was in violation of the Commission's Rules ("Rules") and that use of a linear amplifier voided his authority to operate his station. Mr. Duckworth voluntarily surrendered his linear amplifier. 3. In response to another complaint, on September 28, 2006, agents from the Atlanta Office re-inspected the CB station in Mr. Duckworth's residence. The agents observed a coaxial cable connecting two linear amplifiers to his CB transmitter. The power of the station as installed measured at 2500 watts. The CB transmitter at his station was a non-certificated CB transmitter, Galaxy model DX99V. Mr. Duckworth admitted he used his station as configured. III. DISCUSSION 4. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 5. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. 6. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules also states that use of a non-certificated transmitter voids your authority to operate your station. On September 28, 2006, agents from the Atlanta Office observed a non-certificated CB transmitter, a Galaxy DX99V, installed at his Mr. Duckworth's CB station. Mr. Duckworth admitted using a non-certificated CB transmitter. 7. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states that use of a transmitter which has carrier power in excess of that authorized voids your authority to operate the station. On July 18, and September 28, 2006, Mr. Duckworth's station carrier power was measured to be 106 watts and 2500 watts, respectively. 8. Section 95.411(a)(1) of the Rules prohibits attaching an external radio frequency (RF) power amplifier, sometimes called a linear amplifier, to a CB transmitter in any way. Section 95.411(b) of the Rules states that there are no exceptions to this rule and use of a power amplifier voids your authority to operate the station. On July 18 and September 28, 2006, agents observed linear amplifiers attached to Mr. Duckworth's CB transmitter. On both dates, Mr. Duckworth admitted using the linear amplifiers attached to his transmitter. 9. Because Mr. Duckworth violated the CB Rules by using a non-certificated CB transmitter, attaching linear amplifiers to his CB transmitter, and operating overpower, he voided his authority to operate his CB station pursuant to Section 95.404 of the Rules. On July 18, 2006, Mr. Duckworth was warned that such action voided his authority to operate his CB Station. Based on the evidence before us, we find that on July 18 and September 28, 2006, Mr. Duckworth willfully and repeatedly violated Section 301 of the Act by operating a radio transmitter, his CB station, without authorization from the Commission. 10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement") and Section 1.80 of the Rules, the base forfeiture amount for operation without an instrument of authorization is $10,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of the Act, which include the nature, circumstances, extent, and gravity of the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Duckworth is apparently liable for a $10,000 forfeiture. IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Larry J. Duckworth is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violation of Section 301 of the Act. 12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, Larry J. Duckworth SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 13. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106. 14. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, South Central Region, Atlanta Office, 3575 Koger Blvd., Duluth, GA 30096 and must include the NAL/Acct. No. referenced in the caption. 15. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices ("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the petitioner's current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted. 16. Requests for payment of the full amount of this Notice of Apparent Liability under an installment plan should be sent to: Associate Managing Director - Financial Operations, 445 12^th Street, S.W., Room 1A625, Washington, D.C. 20554. 17. IT IS FURTHER ORDERED that a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail Return Receipt Requested to Larry J. Duckworth at his address of record. FEDERAL COMMUNICATIONS COMMISSION Douglas G. Miller District Director, Atlanta Office Enforcement Bureau 47 U.S.C. S 301. 47 U.S.C. S 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." 47 C.F.R. S 95.404. 47 C.F.R. S 95.409(a). 47 C.F.R. S 95.410(a). 47 C.F.R. S 95.410(c). 47 C.F.R. S 95.411(a)(1). 47 C.F.R. S 95.411(b). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(D). 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80.
12-12-2007 10:36 AM
skeeter CERTIFIED MAIL, Return Receipt requested

7002 0860 0001 5426 9484
REF: EB-05-HU-045
Marcus XXXXXXX
W20063254002
3114 Overcross Drive

Houston, Texas 77045-3647


WARNING FOR UNLICENSED RADIO OPERATION

Dear Mr. Roberts:

The Houston Office has received complaints of interference from your
station, but we have been unable to contact you. Therefore, we wanted to
remind you that persons operating Citizen Band Radio Stations are required
to comply with Federal Regulations.

Pursuant to Section 95.404 of the FCC's Rules ("Rules"), you do not need
an individual license to operate a CB station, provided you operate your
CB station in accordance with the Rules.

Pursuant to Section 95.410 of the FCC's Rules, the use of a CB radio with
transmitter power output exceeding 4 watts (AM carrier power) voids the
authority to operate the station. Therefore, any person operating a CB
transmitter that is not FCC certificated or that has been modified (either
internally or externally) or who attaches an external radio frequency
power amplifier (linear amplifier) to a CB transmitter is an unlicensed
operator and is subject to severe penalties. The FCC presumes that you
have used a linear or other external RF power amplifier if it is in your
possession or on your premises. The FCC also presumes that you have used a
linear or other external RF power amplifier if there is other evidence,
such as on-scene monitoring equipment or power measurements that suggest
you have been operating a CB station with excessive power. In addition,
the Rules prohibit communicating or attempting to communicate with any CB
station more than 250 kilometers away or installing a fixed antenna more
than 20 feet higher than the highest point of the building or tree on
which it is mounted or more than 60 feet above the ground. Violation of
these Rules also voids the authority to operate a CB station.

Operation of radio transmitting equipment without a valid FCC
authorization or license is a violation of Section 301 of the
Communications Act of 1934, as amended, and may subject the operator to
substantial monetary fines, 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.

USE OF A NON-CERTIFIED CB TRANSMITTER, A MODIFIED CB TRANSMITTER, A POWER
AMPLIFICATION DEVICE, OR IMPERMISSIBLY HIGH ANTENNA IS STRICTLY
PROHIBITED.

If your station operation complies with federal regulations, then you need
not respond to this letter. Should you choose to respond, we will use all
relevant material, including the material you submit, to decide if further
enforcement is necessary to ensure your compliance with our Rules.

FEDERAL COMMUNICATIONS COMMISSION

Stephen P. Lee

Resident Agent

Houston Office

South Central Region

Enforcement Bureau
12-12-2007 10:31 AM
skeeter Before the

Federal Communications Commission

Washington, D.C. 20554


)

)

)
In the Matter of File Number: EB-05-HU-045
)
Marcus A. Roberts NAL/Acct. No.: 200732540001
)
Houston, Texas FRN: 0004307195
)

)

)


FORFEITURE ORDER

Adopted: May 2, 2007 Released: May 4, 2007

By the Regional Director, South Central Region, Enforcement Bureau:

I. INTRODUCTION

1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of ten thousand dollars ($10,000) to Marcus A. Roberts for
willful violation of Section 301 of the Communications Act of 1934, as
amended ("Act"). The noted violation involves Mr. Roberts' operation
of an unlicensed radio transmitter.

II. BACKGROUND

2. In response to a complaint of interference to household electronic
equipment, on April 28, 2006, the Commission's Houston Office of the
Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning
letter advising him that operation of Citizens Band ("CB") radio
equipment with greater power than authorized in the Commission's Rules
("Rules") voids the authority to operate the station and is therefore
considered unlicensed operation. The letter further advised that
unlicensed operation is a violation of Section 301 of the Act, and
could subject the operator to penalties including monetary fines.

3. On September 28, 2006, in response to another complaint of
interference, agents from the Houston Office inspected the CB station
located at Mr. Roberts' residence. During testing of Mr. Roberts'
equipment, the agents determined that his CB station was producing the
maximum power authorized in the Rules for CB radio stations. The
agents verbally warned Mr. Roberts that any operation of his CB radio
station with more power than observed during this inspection would be
a violation of the Rules. The agents then inspected a CB radio station
installed in Mr. Roberts' vehicle. The CB radio station in the vehicle
included a CB transmitter and two linear amplifiers. The linear
amplifiers observed had the capability to boost the power of the
station to several hundred times the authorized power level. Mr.
Roberts admitted to operating the amplifiers and exceeding the
authorized power limit; but claimed that he only used this equipment
outside the neighborhood. The agents again verbally warned Mr. Roberts
that the use of linear amplifiers or any device that creates a power
greater than the authorized limit is strictly prohibited by the Rules
and voids the authority to operate the CB station.

4. On November 8, 2006, an agent with the Houston Office located the
source of a strong signal on a CB radio channel using direction
finding methods to Mr. Roberts' residence. The agent recognized the
voice of the transmissions to be that of Mr. Roberts. The complainant
contacted the agent by telephone to report that Mr. Roberts'
transmissions were currently causing interference to her home
electronic entertainment equipment. Mr. Roberts' voice was
simultaneously observed on the vehicle receiver and on the telephone
while talking with the complainant. The agent measured the signal
strength of the radio transmissions from Mr. Roberts' radio station
with a spectrum analyzer. Agents from the Houston Office then
conducted an inspection of Mr. Roberts' CB station. Mr. Roberts
admitted he had been operating the radio station prior to the start of
this inspection. A wattmeter determined the power of Mr. Roberts'
transmitter during the inspection to be four watts, the maximum
authorized under the Rules. The complainant was contacted and was not
receiving any interference from Mr. Roberts' transmitter while the
agents tested the equipment. Without adjusting the output power of the
transmitter, the agents conducted a second signal strength
measurement, and this second measurement showed a reduction in power
from the first measurement by a factor of 10. When asked about the
obvious change in power levels, Mr. Roberts offered no explanation.

5. On January 3, 2007, the Houston Office issued a Notice of Apparent
Liability for Forfeiture to Mr. Roberts in the amount of ten thousand
dollars ($10,000), for the apparent willful violation of Section 301
of the Act. Mr. Roberts submitted a response to the NAL requesting a
reduction or cancellation of the proposed forfeiture.

III. DISCUSSION

6. The proposed forfeiture amounts in this case was assessed in
accordance with Section 503(b) of the Communications Act of 1934, as
amended, Section 1.80 of the Rules, and The Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon.
denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). In
examining Mr. Roberts' response, Section 503(b) of the Act requires
that the Commission take into account the nature, circumstances,
extent and gravity of the violation and, with respect to the violator,
the degree of culpability, any history of prior offenses, ability to
pay, and other such matters as justice may require.

7. Section 301 of the Act requires that no person shall use or operate
any apparatus for the transmission of energy or communications or
signals by radio within the United States except under and in
accordance with the Act and with a license. Section 95.404 of the
Rules states that CB operators do not require an individual license to
operate a CB station because they are authorized by this rule to
operate in accordance with the rules in this subpart. Section
95.410(a) of the Rules states that CB station transmitter output must
not exceed 4 watts carrier power. Section 95.410(c) of the Rules also
states that use of a transmitter which has carrier power in excess of
that authorized voids your authority to operate the station. On
November 8, 2006, agents from the Houston Office determined that Mr.
Roberts operated his CB station with power greater than 4 watts
carrier power. On April 28 and September 28, 2006, Mr. Roberts was
warned that operation of his CB station in excess of 4 watts output
power violated the Rules and voided his authority to operate his CB
station. Because Mr. Roberts violated the CB Rules by operating
overpower, he voided his authority to operate his CB station pursuant
to Section 95.404 of the Rules. Based on the evidence before us, we
find that on November 8, 2006, Mr. Roberts willfully violated Section
301 of the Act by operating a radio transmitter, his CB station,
without authorization from the Commission.

8. In response to the NAL, Mr. Roberts asserts that he did not willfully
operate overpower. Mr. Roberts claims that after the inspection he
took his CB transmitter to a radio shop, which informed him that his
voltage regulator was defective. Mr. Roberts claims that this
malfunction caused a power fluctuation, which caused the overpower
operation, and that he was unaware of the malfunction until after the
inspection.

9. However, during the inspection, the agent observed no evidence that
Mr. Roberts' CB transmitter was malfunctioning. The CB transmitter
operated smoothly, with no fluctuations in power. We find it unlikely
that his transmitter would function properly only during an
inspection. Given the results of the inspection, Mr. Roberts' history
of warnings, and his failure to provide corroboration of the equipment
malfunction, we do not rely upon Mr. Roberts' assertion that his
voltage regulator was faulty. Moreover, Mr. Roberts had been warned on
more than one occasion against overpower operation and consciously
operated his CB transmitter, which on November 8, 2006 transmitted
overpower. Thus, we find his actions to be willful.

10. We have examined Mr. Roberts' response to the NAL pursuant to the
statutory factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we conclude that no reduction of
the proposed $10,000 forfeiture is warranted.

IV. ORDERING CLAUSES

11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, Marcus A. Roberts IS LIABLE FOR
A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000)
for violation of Section 301 of the Act.

12. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Acct. No.
and FRN No. referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account
number 911-6106. Requests for full payment under an installment plan
should be sent to: Associate Managing Director, Financial Operations,
445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.

13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to Marcus A. Roberts
at his address of record.

FEDERAL COMMUNICATIONS COMMISSION

Dennis P. Carlton

Regional Director, South Central Region

Enforcement Bureau
12-11-2007 09:38 PM
skeeter Yes, many people have.
In almost all cases I've read about, it was a base station deliberately making an ass of themselves.
The fines are rather intense when you piss off the FCC enough to actually do something.
If I have time later I'll post some cases.
12-11-2007 09:10 PM
Peevee I wonder if anybody has ever got busted for running a linear on a CB
12-10-2007 02:24 PM
skeeter It's illegal to transmit more than 4watts PEP. I don't know about his amp, but my Palomar 225 has an effective receive amp.
12-10-2007 11:25 AM
Badge1236 Just remember that it is illegal to run an amp on a cb.
12-09-2007 06:30 PM
silvergoat Well i'm gonna keep looking for a shop before I hook it up, that way I know all is good.And thanks for the help.
12-09-2007 06:17 PM
skeeter Palomar used to make really good amps. I have a 225 hooked to a 102" whip out in the Heep.
I don't know how to tune the radio to the amp, I was told by the guy at the shop that he needed to turn the radio down to about 2 watts and then match the antenna.
12-09-2007 05:52 PM
Peevee That looks like the one I had. I had a galaxy superstar radio with palomar linear. If I could hear them I could talk to them. Here in Tennessee you see alot of cb shops around truckstops. They could match them for you.
12-09-2007 04:59 PM
silvergoat How do I go about getting it matched to my radio? Heres some pics of the amp, I have not put power to it yet. I'm thinking I my just be better of sending it out to test if it works. I was told it will put out 350 watts which could come in handy being I live in the boonys.


12-08-2007 08:02 PM
skeeter don't just go hooking an amp to an unmatched radio.
They really need to be tuned to one another.
BTW, what amp is it?
12-08-2007 03:35 PM
silvergoat Thats way to easy, I'll try it.
12-08-2007 12:29 PM
Peevee I would just hook it up. If it starts bleeding in on the telephones and tv's you know it's working.
12-07-2007 11:59 PM
silvergoat I'll have to ship it somewhere thier are not any shops in my area.
12-07-2007 10:35 PM
tazmann910 I bet if you take it to a local shop they will test it out for you.
12-07-2007 06:39 PM
silvergoat
Linear amp Question

I've got the amp in my garage and wanted to know if theres a way to check to see if it works before I wire it into the Jeep.

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