Jan 19, 2005
The FCC has fined a Jacksonville, Florida, CBer $10,000 for transmitting
without Commission authorization. The Commission released the Forfeiture
Order (NOF) to Tommie Salter on December 27. The FCC says that in March 2004
its Tampa Field Office, responding to interference complaints, restricted
Salter's hours of operation.
The FCC lifted the quiet hours two months later, providing Salter "operated
in full compliance with the Commission's rules." When interference
complaints resumed, the FCC last July 15 again notified Salter it was
restricting his hours of operation. The FCC NOF said a family member signed
for the notice but that Salter told Commission officials he had not read it.
As a result he transmitted while his operation was prohibited--between 6 AM
and 11:59 PM.
An August 2004 station inspection of Salter's CB station revealed that he
was operating a non FCC-certificated transmitter, in violation of Part 95
rules. A Notice of Apparent Liability (NAL) proposing the $10,000 fine
followed in October. The FCC's NOF upholds the fine, despite Salter's
protests that his violation was not willful because he did not understand
that use of non-certificated transmitters violated the rules and did not
know about the reinstated quiet hours. Salter also claimed he couldn't pay
the fine, but the FCC says he failed to provide tax returns or other
necessary documentation to back up that claim. The FCC authorizes CB
operation "by rule"--essentially a blanket license.
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