| ENFORCEMENT: $10,000 Proposed Fine issued to Florida CB Operator (Dec 11) |
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A Florida CB operator has been issued a $10000 Notice of Apparent Liability to Forfeiture for operating a radio transmitter without the requisite FCC authorization. In other words, Michael Perry, of Cross City is accused of using non FCC certified power amplifiers on the 11 meter Class D Citizens Band in direct violation of Sections 95.409 and 95.411 of the Commission's Part 95 Citizens Radio Service rules.
This one goes back to this past March 31st. That’s when agents from the Enforcement Bureau's Tampa Office used direction finding to locate the source of the interference on Citizens Band channel 28 that was coming from Perry's residence. Later that day the agents inspected Perry's CB station and found a non-certificated CB transmitter and three linear amplifiers as part of Perry's CB station. Perry admitted to the agents that two of the three linear amplifiers were capable of generating a power output of 200 and 1500 watts respectively, but claims that he had never tested the third. The agents observed that the transmitter and two of the amplifiers were warm to the touch, indicating that the devices had been recently operated. Perry admitted to the agents that he had been using earlier that day. In issuing Perry the Notice of Apparent Liability to Forfeiture the FCC says that Section 95.411(a) of the Rules states that CB operators may not attach external radio power amplifiers to CB transmitters in any way. It also notes that Section 95.411(b) says that there are no exceptions to this rule and that use of a power amplifier voids authority to operate the station. As a result, the FCC believes that a proposed fine of $10,000 is apropos in this case. In addition it has also directed Perry to submit a statement signed under penalty of perjury that, to the extent he is engaged in CB operations that he will only use a certified CB transmitter; and not attach any outboard power amplifier to his CB station. This statement must be provided to the Tampa Office within thirty calendar days of the November 1st release date of the N-A-L. The FCC added that failure of Perry to comply with this requirement could subject the licensee to additional enforcement action. At airtime it’s unknown if Perry plans to file an appeal. (FCC) |
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