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CB Radio Operator Busted Just in case you think the FCC doesn’t enforce the law on illegal CB operation, just read on and note the date. It’s true Uncle Charlie is under-staffed. Nevertheless, don’t talk yourself into believing you’re immune to their scrutiny. If they receive enough complaints or you’re transmissions are interfering with commercial service, they’ll come after you. It’s true Congress passed a law giving state and local authorities jurisdiction over CB law enforcement. However, this law doesn’t take it out of the hands of the FCC. It was designed to aid in the enforcement of CB radio. The jury is still out on what the local authorities will do. Local legislation must be passed and police need to be trained in order to have any charges against a CB’er be held up in a court of law. I thought the following Forfeiture Order would be interesting for you to read. Did any of you know Mr. Jerry Smith? If you did and have any information about the situation, please add it to the form below so we can get a better picture of what happened. Bob F Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Mr. Jerry Smith ) File No. EB-00-PA-414 ) 125 Commonwealth Ave. ) NAL/Acct. No. 200132400001 Claymont, Delaware ) FORFEITURE ORDER Adopted: April 18, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of thirteen thousand five hundred dollars ($13,500) to Jerry Smith for willful and repeated violations of Sections 95.409(a), 95.410(a) and 95.411(a)(1) of the Commission’s Rules (“Rules”).[1] The noted violations involve Mr. Smith’s operation of a Citizens Band (“CB”) Radio Station with a non-type-accepted transmitter, with a transmitter output power greater than four watts carrier power in the AM (A3) mode, and with an external RF power amplifier. 2. On January 8, 2001, the Commission’s Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of thirteen thousand five hundred dollars ($13,500) to Mr. Smith for the noted violations.[2] Mr. Smith has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended (“Act”),[3] and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[4] Jerry Smith IS LIABLE FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars ($13,500) for operating a CB Radio Station with a non-type- accepted transmitter, with a transmitter output power greater than four watts carrier power in the AM (A3) mode, and with an external RF power amplifier, in willful and repeated violation of Sections 95.409(a), 95.410(a) and 95.411(a)(1) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules[5] 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.[6] Payment shall be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, Forfeiture Collection Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the NAL/Acct. No. referenced above. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.[7] 5. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, to Jerry Smith, 125 Commonwealth Avenue, Claymont, DE 19703. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau [1] 47 C.F.R. §§ 95.409(a), 95.410(a) and 95.411(a)(1). [2] Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132400001 (Enf. Bur., Philadelphia Office, released January 8, 2001). [3] 47 U.S.C. § 503(b). [4] 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). [5] 47 C.F.R. § 1.80. [6] 47 U.S.C. § 504(a). [7] See 47 C.F.R. § 1.1914.
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