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FCC GMRS enforcement action

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  • guacorecipe
    CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for operating on a
    Message 1 of 7 , Feb 1, 2012
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      CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for operating on a frequency not authorized by the Commission.

      Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB

      http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
      http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
      http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt
    • Michael Cox
      Great! Let s get some of these for transmitting without a license!! 73 Michael H. Cox KF7EEC / WQJT342 ... [Non-text portions of this message have been
      Message 2 of 7 , Feb 1, 2012
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        Great! Let's get some of these for transmitting without a license!!

        73'

        Michael H. Cox
        KF7EEC / WQJT342
        On Feb 1, 2012 11:12 AM, "guacorecipe" <guacorecipe@...> wrote:

        > **
        >
        >
        > CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to
        > Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for
        > operating on a frequency not authorized by the Commission.
        >
        > Action by: Regional Director, Western Region, Enforcement Bureau. Adopted:
        > 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB
        >
        > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
        > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
        > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt
        >
        >
        >


        [Non-text portions of this message have been removed]
      • david paulino
        3 years????????? ________________________________ From: Michael Cox To: GMRS@yahoogroups.com Sent: Wednesday, February 1, 2012 11:14 AM
        Message 3 of 7 , Feb 1, 2012
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          3 years?????????



          ________________________________
          From: Michael Cox <michaelhcox@...>
          To: GMRS@yahoogroups.com
          Sent: Wednesday, February 1, 2012 11:14 AM
          Subject: Re: [GMRS] FCC GMRS enforcement action


           
          Great! Let's get some of these for transmitting without a license!!

          73'

          Michael H. Cox
          KF7EEC / WQJT342
          On Feb 1, 2012 11:12 AM, "guacorecipe" <guacorecipe@...> wrote:

          > **
          >
          >
          > CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to
          > Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for
          > operating on a frequency not authorized by the Commission.
          >
          > Action by: Regional Director, Western Region, Enforcement Bureau. Adopted:
          > 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB
          >
          > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
          > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
          > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt
          >
          >
          >

          [Non-text portions of this message have been removed]




          [Non-text portions of this message have been removed]
        • Joel Kogen
          Best thing to do assume the don t know the law about radio communication In a friendly way educate this person If you know who it is To turn in someone you
          Message 4 of 7 , Feb 1, 2012
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            Best thing to do assume the don't know the law about radio communication
            In a friendly way educate this person
            If you know who it is

            To turn in someone you need to have a log of his illegal activities
            Need to be 3 day or more
            And the location.

            The send to fcc

            I read a document how to file
            But it was years ago


            Sent from my BlackBerry� smartphone with Nextel Direct Connect

            -----Original Message-----
            From: Michael Cox <michaelhcox@...>
            Sender: GMRS@yahoogroups.com
            Date: Wed, 1 Feb 2012 11:14:23
            To: <GMRS@yahoogroups.com>
            Reply-To: GMRS@yahoogroups.com
            Subject: Re: [GMRS] FCC GMRS enforcement action

            Great! Let's get some of these for transmitting without a license!!

            73'

            Michael H. Cox
            KF7EEC / WQJT342
            On Feb 1, 2012 11:12 AM, "guacorecipe" <guacorecipe@...> wrote:

            > **
            >
            >
            > CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to
            > Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for
            > operating on a frequency not authorized by the Commission.
            >
            > Action by: Regional Director, Western Region, Enforcement Bureau. Adopted:
            > 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB
            >
            > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
            > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
            > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt
            >
            >
            >


            [Non-text portions of this message have been removed]




            [Non-text portions of this message have been removed]
          • Michael Eastman
            Looks more like 2 years 4 months from the original complaint through the final appeal. I could be wrong, but I don t think that s unusual for a legal
            Message 5 of 7 , Feb 1, 2012
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              Looks more like 2 years 4 months from the original complaint through the final appeal. I could be wrong, but I don't think that's unusual for a legal proceeding.


              Mike N7ONP
              Sent via BlackBerry

              -----Original Message-----
              From: david paulino <djpaulino@...>
              Sender: GMRS@yahoogroups.com
              Date: Wed, 1 Feb 2012 13:55:19
              To: GMRS@yahoogroups.com<GMRS@yahoogroups.com>
              Reply-To: GMRS@yahoogroups.com
              Subject: Re: [GMRS] FCC GMRS enforcement action

              3 years?????????



              ________________________________
              From: Michael Cox <michaelhcox@...>
              To: GMRS@yahoogroups.com
              Sent: Wednesday, February 1, 2012 11:14 AM
              Subject: Re: [GMRS] FCC GMRS enforcement action


               
              Great! Let's get some of these for transmitting without a license!!

              73'

              Michael H. Cox
              KF7EEC / WQJT342
              On Feb 1, 2012 11:12 AM, "guacorecipe" <guacorecipe@...> wrote:

              > **
              >
              >
              > CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to
              > Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for
              > operating on a frequency not authorized by the Commission.
              >
              > Action by: Regional Director, Western Region, Enforcement Bureau. Adopted:
              > 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB
              >
              > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
              > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
              > http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt
              >
              >
              >

              [Non-text portions of this message have been removed]




              [Non-text portions of this message have been removed]




              [Non-text portions of this message have been removed]
            • David A. Behar
              Hi friends, Here are some thoughts: Cerritos Ford was licensed to use five frequencies: 467.7625 mHz, 464.975 mHz, 463.2125 mHz, 461.6125 mHz, and 464.2125
              Message 6 of 7 , Feb 2, 2012
              • 0 Attachment
                Hi friends,

                Here are some thoughts:

                Cerritos Ford was licensed to use five frequencies: 467.7625 mHz, 464.975 mHz, 463.2125 mHz, 461.6125 mHz, and 464.2125 mHz.

                Cerritos Ford was found to be transmitting on 467.675. It is not difficult to see how someone programming the radios could erroneously enter 762 instead of 675 -- or maybe the person programming the radios glanced at 467.675 and erroneously thought it was programmed with 467.7625.

                The Enforcement Bureau alleges that the violation was willful, which from 47 USC 312(f)(1) means "the conscious and deliberate commission or omission of such act, irrespective of any intention to violate any provision of this Act [the Communications Act of 1934, as amended] or any rule or regulation of the Commission authorized by this Act". Although it is not hard for the Bureau to show that operators intentionally transmitted, I think it would be difficult for the Bureau to show that any operator consciously and deliberately transmitted on the 467.675 mHz channel. Therefore, I think the Bureau erred in finding that the violation was willful as per the cited standard.

                If I were Cerritos Ford, I would get a notarized affidavit from each radio operator stating that the operator had reason to believe and did believe that he was transmitting on a licensed frequency, but had no personal knowledge of the transmitter frequency, and in particular that although the operator did deliberately transmit, the operator did not deliberately transmit on the 467.675 mHz channel.

                Pursuant to 47 CFR 1.106, Cerritos Ford can submit a petition for reconsideration to the Enforcement Bureau. And pursuant to 47 CFR 1.115, Cerritos Ford can request review by the Commission (i.e., by the office of the Commissioners -- which is different from the Enforcement Bureau). They should probably do this (but I think they need to perform either of these steps within 30 days of when the FCC Order was released).

                Cerritos Ford can also initiate action in U.S. Court; however, the cost of doing that would probably be more than the $4,000 fine.

                Also... if in fact Cerritos Ford paid a dealer to program the radios on the licensed frequencies and the dealer made a programming mistake, I think it's likely Cerritos Ford would prevail in a Small Claims lawsuit filed against the dealer.

                David

                ----- Original Message -----
                From: guacorecipe
                To: GMRS@yahoogroups.com
                Sent: Wednesday, February 01, 2012 10:47 AM
                Subject: [GMRS] FCC GMRS enforcement action



                CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for operating on a frequency not authorized by the Commission.

                Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB

                http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
                http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
                http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt





                [Non-text portions of this message have been removed]
              • Steve Mills
                According to the FCC report- Cerritos Ford was notified by the FCC of there illegal usage of 467.675. C.F. Then got Business band license but continued to
                Message 7 of 7 , Feb 2, 2012
                • 0 Attachment
                  According to the FCC report- Cerritos Ford was notified by the FCC of there illegal usage of 467.675. C.F. Then got Business band license but continued to operate on 467.675 Without a license, were warned again and still continued to operate on 467. 675. I think twice warned and still operating illegally seems willfully violating the FCC rules.

                  -----Original Message-----
                  From: David A. Behar <david271@...>
                  Sent: Thursday, February 02, 2012 4:30
                  To: GMRS@yahoogroups.com
                  Subject: Re: [GMRS] FCC GMRS enforcement action


                  Hi friends,

                  Here are some thoughts:

                  Cerritos Ford was licensed to use five frequencies: 467.7625 mHz, 464.975 mHz, 463.2125 mHz, 461.6125 mHz, and 464.2125 mHz.

                  Cerritos Ford was found to be transmitting on 467.675. It is not difficult to see how someone programming the radios could erroneously enter 762 instead of 675 -- or maybe the person programming the radios glanced at 467.675 and erroneously thought it was programmed with 467.7625.

                  The Enforcement Bureau alleges that the violation was willful, which from 47 USC 312(f)(1) means "the conscious and deliberate commission or omission of such act, irrespective of any intention to violate any provision of this Act [the Communications Act of 1934, as amended] or any rule or regulation of the Commission authorized by this Act". Although it is not hard for the Bureau to show that operators intentionally transmitted, I think it would be difficult for the Bureau to show that any operator consciously and deliberately transmitted on the 467.675 mHz channel. Therefore, I think the Bureau erred in finding that the violation was willful as per the cited standard.

                  If I were Cerritos Ford, I would get a notarized affidavit from each radio operator stating that the operator had reason to believe and did believe that he was transmitting on a licensed frequency, but had no personal knowledge of the transmitter frequency, and in particular that although the operator did deliberately transmit, the operator did not deliberately transmit on the 467.675 mHz channel.

                  Pursuant to 47 CFR 1.106, Cerritos Ford can submit a petition for reconsideration to the Enforcement Bureau. And pursuant to 47 CFR 1.115, Cerritos Ford can request review by the Commission (i.e., by the office of the Commissioners -- which is different from the Enforcement Bureau). They should probably do this (but I think they need to perform either of these steps within 30 days of when the FCC Order was released).

                  Cerritos Ford can also initiate action in U.S. Court; however, the cost of doing that would probably be more than the $4,000 fine.

                  Also... if in fact Cerritos Ford paid a dealer to program the radios on the licensed frequencies and the dealer made a programming mistake, I think it's likely Cerritos Ford would prevail in a Small Claims lawsuit filed against the dealer.

                  David

                  ----- Original Message -----
                  From: guacorecipe
                  To: GMRS@yahoogroups.com
                  Sent: Wednesday, February 01, 2012 10:47 AM
                  Subject: [GMRS] FCC GMRS enforcement action

                  CERRITOS FORD. Issued a monetary forfeiture in the amount of $4,000 to Cerritos Ford, licensee of Station WQKA311 in Cerritos, California for operating on a frequency not authorized by the Commission.

                  Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 01/31/2012 by Forfeiture Order. (DA No. 12-115). EB

                  http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.doc
                  http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.pdf
                  http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-115A1.txt

                  [Non-text portions of this message have been removed]



                  [Non-text portions of this message have been removed]
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