FCC fines CB operator-amateur licencee, CB shop

The FCC has imposed large fines on a Washington CB operator who now holds a Technician class amateur license and on an Ohio CB shop that's run by an apparent amateur licensee.

In an October 18 Forfeiture Order (NOF), the Commission levied a $10,000 fine on Robert A. Spiry, now KD7TRB, of Tacoma, for unauthorized operation on 11 meters that also involved the use of uncertificated equipment and the use of an illegal external RF power amplifier. The alleged violations occurred in 2002.

Following up on "numerous complaints of interference to home electronics equipment" from CB transmissions, agents from the FCC's Seattle Field Office tracked the interfering transmissions to Spiry's home and vehicle. "The agent observed signal levels that appeared to be significantly higher than those expected from a legal CB transmitter," the FCC said in a subsequent Notice of Apparent Liability (NAL).

The FCC says its agents conducted inspections of Spiry's station in April and November 2002 and determined that Spiry was operating uncertificated transmitters and using a linear amplifier attached to his CB transmitter in violation of Part 95 rules. The FCC said it advised Spiry that his use of unauthorized and non-certified equipment voided his blanket authority to operate his CB station, but he continued to operate anyway.

The Commission said that when Spiry responded to the December 2002 NAL, he did not dispute the facts as the FCC had presented them. But, Spiry told the FCC that he had given up CB, removed his CB antenna and obtained an
Amateur Radio license. Spiry's ham ticket was granted December 2, 2002.

Spiry also said he didn't realize that the fine for such violations could be so high and that he is unable to pay it. The Commission says Spiry presented no evidence to back up that claim, however, and it's not persuaded that Spiry's "remedial efforts" warrant any reduction in the fine.

In an unrelated case, the Commission issued an NOF October 21, fining Paladen Communications Inc, of North Jackson, Ohio, $7000 for "willfully and repeatedly" selling illegal CB external RF power amplifiers.

During a July 2003 visit to Paladen, agents from the FCC's Detroit office reported observing a Palomar CB linear on sale for $250. The agents informed Arthur L. Dundorf, now apparently KC8ZQI, and Preston L. Dundorf, now apparently KC8ZKE, of Paladen, that CB linears could not be legally
sold and, in October 2003, issued a Citation informing Paladen of the violations and penalties that could result. Both men obtained Technician tickets in April 2004.

In a response, Paladen proprietor Preston Dundorf told the FCC that Paladen was unaware it was violating marketing rules and would not violate them in the future. But last January, the Detroit Office received a complaint that Paladen was continuing to sell CB linears. An agent who
followed up on the report was offered a Palomar 100 W linear amplifier for $124.

The FCC says Paladen did not respond to a May 2004 NAL alleging willful and repeated violation of the Communications Act and §2.815 of its rules. As a result, the Commission affirmed the forfeiture based on the information before it.

The FCC gave Spiry and Paladen Communications 30 days to pay the fines.

Source: ARRL Letter - courtesy of The American Radio Relay League

Other recent stories..