ARLA/CLUSTER: Nos EUA quem não permitir uma inspeção da FCC "habilita-se" a ter de pagar 14 000 Dolares

[João Costa > CT1FBF]

FCC proposes $14,000 fine for not permitting station inspection

The US communications regulator, the FCC, continued this month to
demonstrate that it’s serious about enforcing its rules and regulations

The ARRL report the FCC is proposing to fine a Florida Citizens Band
operator $14,000 for failing to allow FCC agents inspect his station. The
Commission issued a Notice of Apparent Liability for Forfeiture (NAL
<http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0822/DA-14-1213A1.pdf>)
to Tommie Salter of Jacksonville on August 22.

The Commission alleged that Salter earlier this year denied permission for
agents from the FCC’s Tampa Office to check out his station in the wake of
renewed complaints of interference to a neighbor’s “home electronic
equipment.� On March 21, the agents monitored radio transmissions on 27.245
MHz and used radio direction-finding techniques to track the signal’s
source to Salter’s residence.

“The agents told Mr Salter about the radio interference complaint from a
neighbor and asked if they could inspect his CB radio station,� the FCC NAL
recounted. “Mr Salter denied the agents’ request. The agents verbally
warned Mr Salter that refusing to allow an inspection of his CB radio
station violated the [Communications] Act and the [FCC] rules and could
result in a forfeiture action, but he again denied the request.�

The FCC’s Forfeiture Policy Statement and its rules set a base forfeiture
amount of $7000 for failure to permit inspection. Salter had previously
received a Notice of Violation for refusing an inspection request in 2004,
the NAL noted, and he also had been fined for operating with a
non-certificated transmitter during restricted hours the Commission had
imposed following similar interference complaints.

“Misconduct of this type is serious, exhibits contempt for the Commission’s
authority, and threatens to compromise the Commission’s ability to fully
investigate violations of its rules,� the FCC said in making an “upward
adjustment� of $7000 in the proposed forfeiture. In a footnote, the FCC
pointed out that its agents do not have to obtain a search warrant prior to
requesting a station inspection.

Salter has 30 days to pay the fine or to seek reduction or cancellation of
the proposed forfeiture.

In July the FCC proposed
<http://www.arrl.org/news/fcc-alleges-deliberate-interference-failure-to-identify-in-proposing-substantial-fines-for-two-radio>
substantial fines for two radio amateurs, alleging deliberate interference
with other Amateur Radio communications and failure to properly identify.

Source ARRL
http://www.arrl.org/news/fcc-proposes-to-fine-cber-14-000-for-not-permitting-station-inspection
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