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Author Topic: Two CBers canned in 1 week!  (Read 23965 times)
K2GWK
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Posts: 707


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« Reply #15 on: September 03, 2014, 11:51:36 AM »

The police department is an non-elected agency but they can enter a residence without a warrant if the have probable cause to suspect a crime is in progress or has been committed.

But they ultimately report to elected officials who can be made to suffer at the ballot box for an unwarranted* exercise of that power.  And judges really, really don't like it when that kind of thing happens, either.

I doubt the FCC would have scrupled to call the cops and break into the guy's shack when he refused to let them in to inspect it, if they felt that they had the power to do that.

_______________
* See what I did there?

That's why the FCC requested to examine his radio shack. When he refused, he was fined. The FCC didn't break or force their way into his shack. It's not that different than a breathalyzer test. You can refuse to take it but you are going to get charged.
« Last Edit: September 03, 2014, 11:57:09 AM by K2GWK » Logged

Guy
Lawn Guyland, New York

K2GWK Website
KD8GTP
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Posts: 100




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« Reply #16 on: September 04, 2014, 11:18:09 AM »

Ok, so a CBer has an illegal station in his basment, say a 4 pill with a Connex 3300 with all them extree channels. Now, in his dinning room he has a run of the mill 40 CH CB, only puts out 4 watts, nothing illegal, hooked up to an outside CB antenna. One evening the FCC knocks on the door, they say 'we want to inspect your station'.  So, the CBer takes the agents into his dinning room and says ' here be my station'.  Agents see a legal CB radio putting out 4 watts, 40CH and not modified. Now they know this is BS, but can they then start searching the CBers home for the real radio??? My guess is no they can't. The CBer let the agents inside the home, walked them to the 'proxy station', let them inspect the radio. No violations found, now the agents can take a hike, or can they say 'we want to look around' Huh Or can they say he didn't let them inspect the 'real' station?
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N5INP
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Posts: 1725




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« Reply #17 on: September 04, 2014, 03:42:21 PM »

... Now they know this is BS, but can they then start searching the CBers home for the real radio??? My guess is no they can't.

If they know it's a ruse then yes they can search for the real illegal station. Otherwise anyyone could make a mockery of any attempted enforcement.  Roll Eyes
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AF5CC
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Posts: 215




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« Reply #18 on: September 04, 2014, 03:50:09 PM »

We have this little thing called a Constitution in this country.

Unfortunately we quit following that quite a few years ago.
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AF5CC
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Posts: 215




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« Reply #19 on: September 04, 2014, 03:53:57 PM »


They can not regulate a right, although that doesn't stop them from trying.

Sure they can, look at all of the gun control regulations and laws that we have in the US.  I am not a gun owner and probably never will be, but still believe that the 2nd Amendment should be followed until it is amended.

John AF5CC
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W9BB
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Posts: 1374




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« Reply #20 on: September 05, 2014, 03:55:16 AM »

I was wondering what ever happened with the two big NALs that were suppose to be paid by mid to late August...did that ever happen or likely in litigation?  Just curious...wonder why the Feds are shovelling out such hefty "fines" they know they likely won't collect....I think a more realistic number is achieveable, but 20K and 11K, man, that is more then bail on some felonies....
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W8IFI
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« Reply #21 on: September 05, 2014, 01:18:02 PM »

I am pretty sure if the bill for collection made out by the FCC is turned over to the treasury after a certain period (to allow a reasonable time to pay) then Treasury can attach you're bank account and put a lien on your house. I don't want to find out.
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G3RZP
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Posts: 8123




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« Reply #22 on: September 05, 2014, 02:31:09 PM »

I suspect that all too often the perpetrators are 'men of straw', and there's nothing to grab....or if there is, it's worth less than the cost of grabbing it.
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KB7ZAR
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Posts: 9




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« Reply #23 on: September 05, 2014, 08:03:54 PM »

My observation is that the FCC could have a heyday on CH6 or 28, 36, 38, or 39, if they so choose. Some ops there are generally running well in excess of 150 watts, and they talk over each other as a rule, and communicate over distances exceeding 150 miles, with illegal gear. They also tend to transmit for extended periods, and should be very easy to locate. 

On the other hand, they probably aren't bothering anyone.

Heck if propagation is good four Watts will get you well over hundred 150 miles clear back to Florida Australia Texas it's good you don't need a lot of Watts a good antenna helps.
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AA4HA
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Posts: 2381




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« Reply #24 on: September 06, 2014, 10:33:16 AM »

If a little white van is sitting outside of your home with government plates and a federal marshall is knocking at your door then they have more technical means than you may realize to know if it a bogus setup.

Transmitters have a very distinctive spectrum signature when they transmit. This is actually covered under many patents and was used to isolate specific transmitters in the past. Much of it has to do with those few milliseconds of "signature" when a radio keys up. The oscillators cause the radio to do a little dance on the spectrum until they stabilize. This is a "fingerprint" for that specific transmitter.

All they need to do is to walk in, pick up the microphone and do a few keyclicks. If the folks in the little white van have the right equipment (and know how to interpet the results) they will know for sure that it is the right or wrong radio.

Been There, Done That.. from the spectrum analyzer end of the problem. Not for the FCC or any other three letter organization. Sometimes contractors even do that type of work in finding problems.
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Ms. Tisha Hayes, AA4HA
Lookout Mountain, Alabama
Free space loss (dB) = 32.4 + 20 × log10d + 20 × log10 f
AF0W
Member

Posts: 28




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« Reply #25 on: September 06, 2014, 11:01:22 AM »

I've heard about that (the "fingerprinting" of transmitters).  I wonder if "examining" a stations would include operating it?

Of course, they can monitor and wait until the next time the guy transmits and identifies with his callsign, but I wonder if they have the legal authority to actually operate your equipment (rather than to just look at it).

Bryan
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N9OGL
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Posts: 0




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« Reply #26 on: September 06, 2014, 11:33:48 AM »

"Uh, using a radio transmitter is a "privilege", not a "right". The feds can and do regulate a privilege."

This was based on the notion of the idea of "scarcity of the radio spectrum" (Red Lion Broadcasting v FCC 1969)...However, as technology goes on and were able to slice the spectrum up even more (like digital radio and other means) that notion and idea lose it meaning.

Todd
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N9OGL
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Posts: 0




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« Reply #27 on: September 06, 2014, 11:59:40 AM »

I was wondering what ever happened with the two big NALs that were suppose to be paid by mid to late August...did that ever happen or likely in litigation?  Just curious...wonder why the Feds are shovelling out such hefty "fines" they know they likely won't collect....I think a more realistic number is achieveable, but 20K and 11K, man, that is more then bail on some felonies....

Well here's one: (His license is up for renewal)

http://wireless2.fcc.gov/UlsApp/UlsSearch/license.jsp?licKey=243140
http://wireless2.fcc.gov/UlsApp/ApplicationSearch/applMain.jsp?applID=8540122

That NAL is blocking his renewal process.

Todd
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K8AC
Member

Posts: 1763




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« Reply #28 on: September 11, 2014, 03:53:15 AM »

Report back when ANY ham or CBer who has been threatened with a fine actually pays it. 
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W9BB
Member

Posts: 1374




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« Reply #29 on: September 11, 2014, 04:32:36 AM »

As to K3VR's renewal...will believe it when I see it....so far, have heard nothing and doubt anyone will any time soon....

Did K1MAN ever pay any funds?  Doubt it.....

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