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This month, I have decided to use some news as the basis of my article. Yes, I found some information regarding the FCC intervening on behalf of the CB community. Please note that content has been edited slightly for this article.

On February 21 of this year, after receiving complaints from the Corpus Christi, Texas area CB community, a field agent from the Houston Office of the FCC Enforcement Bureau arrived to investigate the complaints. Upon his arrival, the field agent found that the complaints were completely founded: a local base station operator rebroadcast a local AM radio station over the CB on channel 19. Not only is this annoying to those who need the channel for information, but the transmission is distorted and it is illegal.

The field agent used radio direction finding techniques and found that the signal was originating from a specific house in Corpus Christi, Texas. While collecting data for his report regarding the issue, the owner of the home came out and approached the field agent. The field agent introduced himself and confirmed that the owner was indeed the owner of the residence and then requested to inspect the CB radio station. The owner refused to allow the inspection but did agree to terminate the broadcast. Upon his return from termination of the broadcast the owner again refused to allow the inspection. The field agent left and filed his report.

This is a clear-cut example of violating the FCC regulation regarding Section 503 (b) that governs CB operation. You may not read it but you must comply with it.

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 there under, 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.

In addition to Section 503 (b) you must also comply with Section 95.426 (a):

Section 95.426(a) requires that if an authorized FCC representative requests to inspect your CB station, you must make your station and records available for inspection.

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 failing to permit inspection is $7,000. In assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.

It boils down to the fact that, by refusing to allow the field agent to inspect his equipment, the owner was charged a $7,000 fine. He may get out of it with just that but if he allows inspection and is found to be in violation he could be fined up to $10,000 and have his equipment confiscated. You should also know that the report was released in April for a violation that occurred in February. This is very common and under FCC regulations, your equipment can be confiscated and held for up to 48 months before a determination is made as to whether the equipment in question is in violation of FCC regulations.

Just when you think that the FCC is not on your side something happens to make you alter your thinking. However, if you are like the guy in Texas, watch out that you are not next on their list to be investigated.

For you drivers out there that think you can't be touched, just think about the damage or disruption you may be causing, you might indeed get caught. If you are an amateur operator, then you are fully aware of the rules and regulations regarding acceptable transmissions on specific frequencies. Please adhere to those rules and encourage your fellow drivers to become hams and follow the rules as well.

Stay safe until next time,
Tina (KC2KGF)

*Federal Communications Commission, Washington, D.C. 20554, File Number: EB-07-HU-007, NAL/Acct. No.: 200732540003, FRN: 0016201386, Released: April 23, 2007.

This article is provided by Truckstop Electronics, Inc. Stan Wells has been involved with repairing and selling CB radios for over 30 years. He's also involved in product development and testing. For more information visit http://thecbshop.com/ or email Stan at cbshop@layover.com.