Texas CB'er fined $7,000

The FCC has affirmed a $7,000 against 11-meter CB operator Donald Winton of Corpus Cristi, Texas. This for allegedly rebroadcasting a local AM station on CB Channel 19. And for refusing to allow the FCC to inspect his station.

Amateur Radio Newlines Bruce Tennant, K6PZW, reports:

The FCC says that last February 21st it received a complaint that a CB radio station in Corpus Christi was jamming communications on CB channel 19 by continually
re-broadcasting the programming of a local AM broadcast station.

An agent from the Commission’s Houston Office used radio direction finding and determined that the signal originated from an antenna mounted on a house in that city

While the agent was making measurements on the radio signal, Donald Winton exited the house and walked down the driveway. The agent introduced himself and requested to inspect the CB radio station inside the house. Mr. Winton confirmed this location was his residence and that the CB station belonged to him, but refused to make it available for inspection.

The agent advised Winton that the Commission’s Rules require the operator of a CB radio station to make the station available for inspection. Winton still refused. The agent then requested that Winton go inside and take the station off the air because it was blocking communications on CB radio channel 19. The FCC says that Winton walked into the house and the station’s transmissions ceased. Winton returned and continued to refuse to make the station available for inspection, so the agent left.

On April 23, 2007, the Houston Office issued a Notice of Apparent Liability for Forfeiture to Winton in the amount of $7,000. Winton responded by requesting either a reduction or cancellation of the fine. He also claimed that his CB transmitter was not on when the agent arrived, and that, if it was on, it must have been operated by homeless people whom he allows access to his home. He also claimed that he did not allow the agent access to his home, because the agent did not have a warrant and because he was concerned that his dogs might injure the agent. Finally, he states that he was not aware of any of the Commission’s Rules governing CB radios.

But the FCC says that Winton has no explanation for how the agents used direction finding to locate the source of the signal to his residence. Nor could he explain how the agent was able to observe the signal right before he came out of his house. And the FCC noted that Winton admits that he refused to provide the agent access to his CB station located in his residence. This, even though FCC rules authorize inspection of all CB stations by the Commission. Accordingly, agents are not required to obtain a warrant to inspect a CB station.

The bottom line. The FCC says that it finds no basis for cancellation or reduction of the $7,000 forfeiture and has ordered Donald Winton to pay it within the next 30 days.

Bruce Tennant, K6PZW
Amateur Radio Newsline