FCC Web Documents citing 95.404

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1979A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1979A1.pdf
  • culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-673A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-673A1.pdf
  • culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules also
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1188A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1188A1.pdf
  • other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. Section 95.425(c) of the Rules states that ``you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . .'' Section 95.409(b) of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1189A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1189A1.pdf
  • culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. Section 95.409(a) of the Rules
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1000A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1000A1.pdf
  • 503(b) of the Act and the Commission has so interpreted the term in the section 503(b) context. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with the rules in Subpart D of Part 95 of the Rules (``CB Rules''). Operation of CB stations in a manner that is inconsistent with the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1834A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1834A1.pdf
  • 503(b) of the Act and the Commission has so interpreted the term in the section 503(b) context. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators are not required to have individual licenses because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with Subpart D of Part 95 of the Rules (``CB Rules''). Operation of CB stations in a manner that is inconsistent with the CB Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-231A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-231A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-231A1.txt
  • of the Act, 47 U.S.C. § 503(b)(5), provides that a warning must be given initially to a party who is not a licensee unless the party is engaged in activities for which a license or some form of Commission authorization is required. Although CB operators are not required to have individual licenses, they operate under the authority granted by section 95.404 of the Rules, 47 C.F.R. § 95.404. Because Mr. Leavell operates under section 95.404, which is effectively a blanket license to CB operators, the Commission was not required to send him a citation prior to assessing a forfeiture, or to grant him an opportunity for a personal interview. Similarly, Mr. Leavell is not entitled to a ``fact-finding hearing'' as a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4012A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4012A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4012A1.txt
  • 303 (1999) (``Forfeiture Policy Statement''). In examining Mr. Salter's response, Section 503(b) of the Act requires that the Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Pursuant to Section 95.404 of the Rules, individual licenses are not required to operate CB radio stations. Individuals, however, are only authorized to operate their CB radio stations in accordance with the Rules. Section 95.409 of the Rules states that individuals may only use FCC certificated CB transmitters at their stations. Mr. Salter essentially argues that his violation was not willful, because he did
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-425A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-425A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-425A1.txt
  • by certified mail, return receipt requested, to Tommie Salter at his address of record and Donald E. Pinaud, Jr., 4069 Atlantic Boulevard, Jacksonville, Florida 32207. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Tommie Salter, Forfeiture Order, DA 04-4012 (Enf. Bur. December 27, 2004) (``Forfeiture Order''). 47 U.S.C. § 301. See 47 C.F.R. § 95.409. See 47 C.F.R. § 95.404. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532700002 (Enf. Bur., Tampa Office, October 18, 2004) (``NAL''). See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999). 47 U.S.C. § 503(b)(2)(D). PJB Communications of Virginia, Inc., 7 FCC Rcd 2088,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1979A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1979A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1979A1.txt
  • culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-673A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-673A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-673A1.txt
  • culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1188A1.txt
  • other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. Section 95.425(c) of the Rules states that ``you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . .'' Section 95.409(b) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1189A1.txt
  • culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. Section 95.409(a) of the Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-442A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-442A1.txt
  • failure to allow an inspection of his CB station, not the use of his CB station. Second, Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Accordingly, Mr. Winton was authorized to operate his CB station by rule, provided his operation was consistent with the requirements set forth in Part 95
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1000A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1000A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1000A1.txt
  • 503(b) of the Act and the Commission has so interpreted the term in the section 503(b) context. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with the rules in Subpart D of Part 95 of the Rules (``CB Rules''). Operation of CB stations in a manner that is inconsistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1834A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1834A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1834A1.txt
  • 503(b) of the Act and the Commission has so interpreted the term in the section 503(b) context. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators are not required to have individual licenses because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with Subpart D of Part 95 of the Rules (``CB Rules''). Operation of CB stations in a manner that is inconsistent with the CB Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-340A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-340A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-340A1.txt
  • required to have Commission authorization to continue operating. Mr. Perry, however, did not have a Commission license. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States, except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators are not required to have individual licenses because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with Subpart D of Part 95 of the Rules (i.e., the CB Rules). As such, operation of CB stations in a manner that is inconsistent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238975A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238975A1.pdf
  • D. Kramer had committed similar violations. III. DISCUSSION Section 301 of the Act sets forth generally that no person shall use or operate any apparatus for the transmission of energy of communications or signals by radio within the United States except under and in accordance with the Act and with a license. Pursuant to Section 307(e) of the Act, Section 95.404 authorizes operation of a Citizens Band (CB) station without individual licenses in accordance with the rules in Part 95, Subpart D of the Commission's Rules. However, Section 95.409(b) of the Commission's Rules voids individual authority to operate a CB station under Section 95.404 if the operator utilizes a certificated CB transmitter with internal modifications. Moreover, Section 95.411 of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260407A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260407A1.pdf
  • 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Pursuant to Section 95.404 of the Rules, individual licenses are not required to operate CB radio stations. However, individuals are only authorized to operate their CB radio stations in accordance with the Rules. Section 95.411 of the Rules prohibits CB operators from attaching external radio frequency (RF) power amplifiers (sometimes called linears or linear amplifiers) to certificated CB transmitters. That Section also states that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263483A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263483A1.pdf
  • the acts or omissions are committed knowingly. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. Section 95.407 of the Rules identifies the frequencies on which CB stations may operate. Section 95.409 of the Rules prohibits CB operators from making any internal modifications to a certified CB transmitter and states that any such modification
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265688A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265688A1.pdf
  • Roberts 3114 Overcross Drive Houston, Texas 77045-3647 REF: EB-05-HU-045 W20063254002 WARNING FOR UNLICENSED RADIO OPERATION Dear Mr. Roberts: The Houston Office has received complaints of interference from your station, but we have been unable to contact you. Therefore, we wanted to remind you that persons operating Citizen Band Radio Stations are required to comply with Federal Regulations. Pursuant to Section 95.404 of the FCC's Rules (``Rules''), you do not need an individual license to operate a CB station, provided you operate your CB station in accordance with the Rules. Pursuant to Section 95.410 of the FCC's Rules, the use of a CB radio with transmitter power output exceeding 4 watts (AM carrier power) voids the authority to operate the station. Therefore,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269018A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269018A1.pdf
  • means the commission or omission of such act more than once or for more than one day. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269361A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269361A1.pdf
  • in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270819A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270819A1.pdf
  • radio signals on frequency 27.185 MHz were emanating from your residence in Oklahoma City, Oklahoma. An inspection of your station showed that you were using a Magnum Delta Force transceiver. This transceiver has not been certificated by the FCC for use at a CB station. Thus, this station was operating in violation of 47 U.S.C. § 301. Pursuant to Section 95.404 of the FCC's Rules (``Rules''), you do not need an individual license to operate a CB station, provided you operate your CB station in accordance with the Rules. Pursuant to Section 95.409 of the FCC's Rules, you must use an FCC certificated CB transmitter at your CB station. Use of a transmitter which is not FCC certificated voids the authority
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270820A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270820A1.pdf
  • On August 8, 2006, agents from this office inspected your station. The inspection of your station showed that you were using a Cobra 200 GTL DX transceiver. This transceiver has not been certificated by the FCC for use at a CB station. Thus, any operation of this station would be in violation of 47 U.S.C. § 301. Pursuant to Section 95.404 of the FCC's Rules (``Rules''), you do not need an individual license to operate a CB station, provided you operate your CB station in accordance with the Rules. Pursuant to Section 95.409 of the FCC's Rules, you must use an FCC certificated CB transmitter at your CB station. Use of a transmitter which is not FCC certificated voids the authority
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277879A1.pdf
  • the acts or omissions are committed knowingly. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. Section 95.425(c) of the Rules states that ``you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . .'' Section 95.409(b) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281346A1.pdf
  • means the commission or omission of such act more than once or for more than one day. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. Section 95.409(a) of the Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296089A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296089A1.pdf
  • means the commission or omission of such act more than once or for more than one day. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. Section 95.409(a) of the Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • are also licensed under Parts 90 and 101; exclusive use licenses authorized under these rule parts may be the subject of spectrum leases in accordance with the provisions of the Report and Order. See 47 C.F.R. Parts 80, 87, 95. See 47 C.F.R. Part 97. See, e.g., 47 C.F.R. § 97.501. See, e.g., 47 C.F.R. §§ 80.13(c), 87.18(b), 95.191(a), 95.204, 95.404. See, e.g., 47 C.F.R. §§ 95.23, 95.25, 95.192, 95.205, 95.405, 97.301. See, e.g., 47 C.F.R. §§ 95.7, 95.191(b), 95.207(b), 95.407, 97.101(b). We note that, with the exception of the amateur service, our rules establish individual channels in these services. These channels and all amateur service spectrum, however, are shared by users authorized to use that service. See also paragraph 305,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • are also licensed under Parts 90 and 101; exclusive use licenses authorized under these rule parts may be the subject of spectrum leases in accordance with the provisions of the Report and Order. See 47 C.F.R. Parts 80, 87, 95. See 47 C.F.R. Part 97. See, e.g., 47 C.F.R. § 97.501. See, e.g., 47 C.F.R. §§ 80.13(c), 87.18(b), 95.191(a), 95.204, 95.404. See, e.g., 47 C.F.R. §§ 95.23, 95.25, 95.192, 95.205, 95.405, 97.301. See, e.g., 47 C.F.R. §§ 95.7, 95.191(b), 95.207(b), 95.407, 97.101(b). We note that, with the exception of the amateur service, our rules establish individual channels in these services. These channels and all amateur service spectrum, however, are shared by users authorized to use that service. See also paragraph 305,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
  • 95.211 Remote control (R/C) 95.218 95.15 Penalties (R/C) 95.219 95.13 FCC notices and correspondence (R/C) 95.220 95.9 Interference (R/C) 95.221 Removed Transmitter servicing (R/C) 95.222 95.33 Transmitter changes (R/C) 95.223 95.11 Station inspection (R/C) 95.224 95.11 Station records (R/C) 95.225 95.21 Contacting FCC (R/C) 95.401 95.3 What is CB service? 95.402 Removed Use of rules (CB) 95.403 95.303 Eligibility (CB) 95.404 95.5 License required? (CB) 95.405 95.7 Authorized locations (CB) 95.406 95.305 Special location restrictions (CB) 95.407 95.307 CB channels 95.408 95.45 Antenna height (CB) 95.409 95.311 CB equipment 95.410 95.35 Transmitting power (CB) 95.411 95.313 Power amplifiers prohibited (CB) 95.412 95.315 Permissible communications (CB) 95.413 95.317 Prohibited communications (CB) 95.414 95.319 Pay for use? (CB) 95.415 95.9 Licensee responsibility (CB)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • 95.211 Remote control (R/C) 95.218 95.15 Penalties (R/C) 95.219 95.13 FCC notices and correspondence (R/C) 95.220 95.9 Interference (R/C) 95.221 Removed Transmitter servicing (R/C) 95.222 95.33 Transmitter changes (R/C) 95.223 95.11 Station inspection (R/C) 95.224 95.11 Station records (R/C) 95.225 95.21 Contacting FCC (R/C) 95.401 95.3 What is CB service? 95.402 Removed Use of rules (CB) 95.403 95.303 Eligibility (CB) 95.404 95.5 License required?(CB) 95.405 95.7 Authorized locations (CB) 95.406 95.305 Special location restrictions (CB) 95.407 95.307 CB channels 95.408 95.45 Antenna height (CB) 95.409 95.311 CB equipment 95.410 95.35 Transmitting power (CB) 95.411 95.313 Power amplifiers prohibited (CB) 95.412 95.315 Permissible communications (CB) 7738 Federal Communications Commission FCC 10-106 ExistingProposed Topic 95.413 95.317 Prohibited communications (CB) 95.414 95.319 Pay for
• http://transition.fcc.gov/eb/Orders/2005/DA-05-425A1.html
  • mail and by certified mail, return receipt requested, to Tommie Salter at his address of record and Donald E. Pinaud, Jr., 4069 Atlantic Boulevard, Jacksonville, Florida 32207. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1Tommie Salter, Forfeiture Order, DA 04-4012 (Enf. Bur. December 27, 2004) (``Forfeiture Order''). 247 U.S.C. 301. 3See 47 C.F.R. 95.409. 4See 47 C.F.R. 95.404. 5Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532700002 (Enf. Bur., Tampa Office, October 18, 2004) (``NAL''). 6See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 747 U.S.C. 503(b). 847 C.F.R. 1.80. 912 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999). 1047 U.S.C. 503(b)(2)(D). 11PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). 12See
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1979A1.html
  • any history of prior offenses, ability to pay, and other such matters as justice may require. 7. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states
• http://transition.fcc.gov/eb/Orders/2007/DA-07-673A1.html
  • any history of prior offenses, ability to pay, and other such matters as justice may require. 4. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. 5. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1188A1.html
  • such matters as justice may require. 12. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. Section 95.425(c) of the Rules states that "you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . ." Section 95.409(b) of the
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1189A1.html
  • any history of prior offenses, ability to pay, and other such matters as justice may require. 10. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. 11. Section 95.409(a) of the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1000A1.html
  • of the Act and the Commission has so interpreted the term in the section 503(b) context. 6. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with the rules in Subpart D of Part 95 of the Rules ("CB Rules"). Operation of CB stations in a manner that is inconsistent with the
• http://transition.fcc.gov/eb/Orders/2011/DA-11-1834A1.html
  • of the Act and the Commission has so interpreted the term in the section 503(b) context. 4. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators are not required to have individual licenses because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with Subpart D of Part 95 of the Rules ("CB Rules"). Operation of CB stations in a manner that is inconsistent with the CB Rules
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000231.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000231.txt
  • of the Act, 47 U.S.C. § 503(b)(5), provides that a warning must be given initially to a party who is not a licensee unless the party is engaged in activities for which a license or some form of Commission authorization is required. Although CB operators are not required to have individual licenses, they operate under the authority granted by section 95.404 of the Rules, 47 C.F.R. § 95.404. Because Mr. Leavell operates under section 95.404, which is effectively a blanket license to CB operators, the Commission was not required to send him a citation prior to assessing a forfeiture, or to grant him an opportunity for a personal interview. Similarly, Mr. Leavell is not entitled to a ``fact-finding hearing'' as a
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238975A1.html
  • Kramer had committed similar violations. III. DISCUSSION 7. Section 301 of the Act sets forth generally that no person shall use or operate any apparatus for the transmission of energy of communications or signals by radio within the United States except under and in accordance with the Act and with a license2. Pursuant to Section 307(e) of the Act, Section 95.404 authorizes operation of a Citizens Band (CB) station without individual licenses in accordance with the rules in Part 95, Subpart D of the Commission's Rules. However, Section 95.409(b) of the Commission's Rules voids individual authority to operate a CB station under Section 95.404 if the operator utilizes a certificated CB transmitter with internal modifications. Moreover, Section 95.411 of the Commission's
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-260407A1.html
  • has been interpreted to mean simply that the acts or omissions are committed knowingly.4 5. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license.5 Pursuant to Section 95.404 of the Rules, individual licenses are not required to operate CB radio stations.6 However, individuals are only authorized to operate their CB radio stations in accordance with the Rules.7 Section 95.411 of the Rules prohibits CB operators from attaching external radio frequency (RF) power amplifiers (sometimes called linears or linear amplifiers) to certificated CB transmitters.8 That Section also states that
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-263483A1.html
  • acts or omissions are committed knowingly.4 4. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license.5 Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules.6 Section 95.407 of the Rules identifies the frequencies on which CB stations may operate.7 Section 95.409 of the Rules prohibits CB operators from making any internal modifications to a certified CB transmitter and states that any such modification
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-265688A1.html
  • EB-05-HU-045 Marcus Roberts W20063254002 3114 Overcross Drive Houston, Texas 77045-3647 WARNING FOR UNLICENSED RADIO OPERATION Dear Mr. Roberts: The Houston Office has received complaints of interference from your station, but we have been unable to contact you. Therefore, we wanted to remind you that persons operating Citizen Band Radio Stations are required to comply with Federal Regulations. Pursuant to Section 95.404 of the FCC's Rules ("Rules"), you do not need an individual license to operate a CB station, provided you operate your CB station in accordance with the Rules. Pursuant to Section 95.410 of the FCC's Rules, the use of a CB radio with transmitter power output exceeding 4 watts (AM carrier power) voids the authority to operate the station. Therefore,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-269018A1.html
  • the commission or omission of such act more than once or for more than one day. 5. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. 6. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-269361A1.html
  • Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. 6. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270819A1.html
  • radio signals on frequency 27.185 MHz were emanating from your residence in Oklahoma City, Oklahoma. An inspection of your station showed that you were using a Magnum Delta Force transceiver. This transceiver has not been certificated by the FCC for use at a CB station. Thus, this station was operating in violation of 47 U.S.C. S 301. Pursuant to Section 95.404 of the FCC's Rules ("Rules"), you do not need an individual license to operate a CB station, provided you operate your CB station in accordance with the Rules. Pursuant to Section 95.409 of the FCC's Rules, you must use an FCC certificated CB transmitter at your CB station. Use of a transmitter which is not FCC certificated voids the authority
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270820A1.html
  • On August 8, 2006, agents from this office inspected your station. The inspection of your station showed that you were using a Cobra 200 GTL DX transceiver. This transceiver has not been certificated by the FCC for use at a CB station. Thus, any operation of this station would be in violation of 47 U.S.C. S 301. Pursuant to Section 95.404 of the FCC's Rules ("Rules"), you do not need an individual license to operate a CB station, provided you operate your CB station in accordance with the Rules. Pursuant to Section 95.409 of the FCC's Rules, you must use an FCC certificated CB transmitter at your CB station. Use of a transmitter which is not FCC certificated voids the authority
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-277879A1.html
  • acts or omissions are committed knowingly. 11. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. 12. Section 95.425(c) of the Rules states that "you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . ." Section 95.409(b) of
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-281346A1.html
  • the commission or omission of such act more than once or for more than one day. 9. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. 10. Section 95.409(a) of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296089A1.html
  • the commission or omission of such act more than once or for more than one day. 9. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. 10. Section 95.409(a) of the
• http://www.fcc.gov/eb/Orders/2005/DA-05-425A1.html
  • mail and by certified mail, return receipt requested, to Tommie Salter at his address of record and Donald E. Pinaud, Jr., 4069 Atlantic Boulevard, Jacksonville, Florida 32207. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1Tommie Salter, Forfeiture Order, DA 04-4012 (Enf. Bur. December 27, 2004) (``Forfeiture Order''). 247 U.S.C. 301. 3See 47 C.F.R. 95.409. 4See 47 C.F.R. 95.404. 5Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532700002 (Enf. Bur., Tampa Office, October 18, 2004) (``NAL''). 6See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 747 U.S.C. 503(b). 847 C.F.R. 1.80. 912 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999). 1047 U.S.C. 503(b)(2)(D). 11PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). 12See
• http://www.fcc.gov/eb/Orders/2007/DA-07-1979A1.html
  • any history of prior offenses, ability to pay, and other such matters as justice may require. 7. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Section 95.410(a) of the Rules states that CB station transmitter output must not exceed 4 watts carrier power. Section 95.410(c) of the Rules also states
• http://www.fcc.gov/eb/Orders/2007/DA-07-673A1.html
  • any history of prior offenses, ability to pay, and other such matters as justice may require. 4. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. 5. Section 95.409(a) of the Rules requires that CB operators use an FCC certificated CB transmitter at their CB stations. Section 95.409 of the Rules
• http://www.fcc.gov/eb/Orders/2008/DA-08-1188A1.html
  • such matters as justice may require. 12. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules. Section 95.425(c) of the Rules states that "you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . ." Section 95.409(b) of the
• http://www.fcc.gov/eb/Orders/2008/DA-08-1189A1.html
  • any history of prior offenses, ability to pay, and other such matters as justice may require. 10. Section 301 of the Act requires that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license to operate a CB station because they are authorized by this rule to operate in accordance with the rules in this subpart. Individuals operating, pursuant to this provision, however, must operate their CB stations in accordance with the rules in this subpart. 11. Section 95.409(a) of the
• http://www.fcc.gov/eb/Orders/2011/DA-11-1000A1.html
  • of the Act and the Commission has so interpreted the term in the section 503(b) context. 6. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators do not require an individual license because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with the rules in Subpart D of Part 95 of the Rules ("CB Rules"). Operation of CB stations in a manner that is inconsistent with the
• http://www.fcc.gov/eb/Orders/2011/DA-11-1834A1.html
  • of the Act and the Commission has so interpreted the term in the section 503(b) context. 4. Section 301 of the Act states that no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the United States except under and in accordance with the Act and with a license. Section 95.404 of the Rules states that CB operators are not required to have individual licenses because they are authorized by this rule to operate a CB station, provided, however, that they operate the station in accordance with Subpart D of Part 95 of the Rules ("CB Rules"). Operation of CB stations in a manner that is inconsistent with the CB Rules