Amateur Facing Substantial Fine for CB Violation

Discussion in 'Regulatory Developments' started by W5HRO, Apr 8, 2014.

  1. W5HRO

    W5HRO Administrator

    03/24/2014

    An Oklahoma Amateur Extra class licensee is facing a $12,000 fine for operating his Citizens Band radio to “interfere with the communications of other CB stations,” the FCC said in a Notice of Apparent Liability for Forfeiture (NAL) released March 21. In May 2013 an FCC agent used mobile direction-finding techniques to positively identify the source of a continuous carier of CB channel 19 (27.1850 MHz) to the residence of Orloff Haines, KF5IXX, in Enid, Oklahoma. Haines was not at home, but his wife showed the agent her husband’s CB station, which was transmitting on channel 19.

    “Mrs Haines stated that Mr Haines was ‘keyed on,’ or continuously transmitting on channel 19, because other CB operators in the area were harassing her,” the FCC reported in the NAL. The agent telephoned Orloff Haines during the station inspection, and, the FCC said, he admitted that he was transmitting a continuous carrier on channel 19. Mrs Haines “voluntarily turned off” the CB transmitter at the end of the inspection. The FCC said the carrier was interfering with CB communication within an approximately 2 mile radius.

    Prior to last May, Haines had received two written warnings from the Dallas FCC office, advising him of the consequences of intentionally interfering with other CB communications. “The fact that Mr Haines interfered with other CB communications despite being twice warned in writing that such actions violated [the Communications Act] and FCC rules demonstrates a deliberate disregard for the Commission’s requirements and authority,” the FCC said, in justifying an upward adjustment of $5000 in the proposed forfeiture.

    The FCC gave Haines 30 days to pay the fine or file in writing for reduction or cancellation of the proposed fine.
     
  2. W5HRO

    W5HRO Administrator

    See, this is what happens when you eliminate the code requirement and make amateur tickets easy to get. You get upgraded CB'ers who should never be licensed amateurs in the first place ::)

    Not only that, but the guy holds an Extra class :icon_problem:
     
  3. W5HRO

    W5HRO Administrator

    06/17/2014

    The FCC has significantly reduced the fine it imposed earlier this year on an Oklahoma Amateur Extra class radio amateur licensee for operating his Citizens Band radio to interfere with other CBers’ transmissions. Orloff Haines, KF5IXX, had been facing a $12,000 fine. In a June 17 Forfeiture Order, the Commission dropped Haines’s liability to $1750.

    “Mr. Haines does not deny that he intentionally interfered with other CB communications,” the FCC said in the Forfeiture Order. “Instead, Mr. Haines requests reduction or cancellation of the forfeiture proposed by the Enforcement Bureau because he cannot afford to pay it. Although we do not cancel the fine, we reduce the monetary penalty based on Mr. Haines’s documented inability to pay.”

    In May 2013 an FCC agent tracked the source of a continuous carrier on CB channel 19 (27.1850 MHz) to Haines’s home in Enid, Oklahoma. Haines was not at home, but his wife showed the agent her husband’s CB station, which was transmitting on channel 19. Haines’s wife told the FCC agent that her husband’s radio was continuously transmitting on channel 19, because other CB operators in the area had been harassing her, the FCC reported in its March 21 Notice of Apparent Liability (NAL). According to the FCC, Mrs Haines “voluntarily turned off” the CB transmitter at the end of the inspection. The FCC said the carrier was interfering with CB communication within an approximately 2 mile radius.

    Prior to May 2013, Haines had received two written warnings from the Dallas FCC office, advising him of the consequences of intentionally interfering with other CB communications. The FCC had added $5000 to Haines’s initial $7000 fine, because of what it called his “deliberate disregard for the Commission’s requirements and authority” by ignoring the earlier warnings.

    In this week’s Forfeiture Order, the FCC said it has rejected inability-to-pay claims in past cases of “repeated or otherwise egregious violations,” and it warned Haines that similar violations in the future “may result in significantly higher forfeitures that may not be reduced” due to his financial circumstances.

    They should have nailed the SOB and taken his ticket away for good :icon_thumbdown: