(Note: Only FCC Part 95 Citizens Band Radio related actions are shown below.)
________________________________
[fcclogo]
Daily Digest
Federal Communications Commission
45 L Street NE
Washington, DC 20554
Vol. 42 No. 103
News media information 202 / 418-0500
Internet:
http://www.fcc.gov
ASL Video Call: 1-844-432-2275
May 30, 2023
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IN THE MATTER OF JAYME JOHN LEON. FCC Enforcement Bureau proposes $25K fine to Jayme John Leon for unauthorized operation of a CB station in Rockford, Illinois, violating section 301 of the Act, and willful or malicious interference with other CB
stations, violating section 333 of the Act.. Action by: Chief, Enforcement Bureau. Adopted: 2023-05-30 by NAL. (DA No. 23-448). EB. Contact: Ryan McDonald,
Ryan.McDonald@fcc.gov<mailto:
Ryan.McDonald@fcc.gov>. DA-23-448A1.docx<
https://docs.fcc.gov/public/
attachments/DA-23-448A1.docx> DA-23-448A1.pdf<
https://docs.fcc.gov/public/attachments/DA-23-448A1.pdf> DA-23-448A1.txt<
https://docs.fcc.gov/public/attachments/DA-23-448A1.txt>
(Note:
Citizens Band Radio or Part 95 match found in contents linked at URL:
1. We propose a penalty of $25,000.00 against Jayme John Leon (Leon), the owner and
operator of a Citizens Band Radio Service (CB) station in Rockford, Illinois, for apparently engaging in
unauthorized operation in violation of section 301 of the Communications Act of 1934, as amended (Act)
[...]
minutes in length, and prohibit the transmission of music, sound effects, etc. Leon apparently violated the
Act and the Commission's rules by using his CB station to make one-way transmissions and to send
nonverbal, indecipherable sound effects over long periods, thereby voiding his operating authority. Leon
[...]
provides that "the Commission may by rule authorize the operation of radio stations without individual
licenses in" certain services, including CB.2 Section 95.305 of the Commission's rules authorizes the
operation of CB stations without individual licenses, provided that "[s]uch operation must comply with all
applicable rules."3 Section 95.905 of the rules provides: "A person's authorization to operate a [CB]
station without an individual license pursuant to § 95.305 is voided if that person violates any [applicable]
[...]
3. Section 95.931 of the Commission's rules states: "The operator of a [CB] station may use
that station for two-way plain language voice communications to other [CB] stations."5 Certain specific
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entertain,"7 (c) transmitting "any sound effects solely to attract attention,"8 and (d) transmission more than
five minutes in duration.9 The use of a CB station in violation of any of these restrictions or any other
applicable rule invalidates authorization to operate by rule pursuant to section 95.305, making such
transmissions a violation of section 301 of the Act.10
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10Tommie Salter, Forfeiture Order, 19 FCC Rcd 24746, 24748, para. 6 (EB 2004) ("Because Mr. Salter operated his
CB station in a manner inconsistent with the Rules, he was not authorized pursuant to . . . [a previous version of
section 95.305] to operate his CB station.").
11Forty channels between 26.965 MHz and 27.495 MHz are allocated for CB communications. CB Channel 39 is
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(NOUO) to Leon, advising him, inter alia, that violations observed on June 21, 2022, voided his
authorization to operate a CB station, rendering his transmissions unauthorized and in violation of section
301 of the Act, potentially subjecting him to severe penalties.15 On September 28, 2022, Leon telephoned
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Violation to Leon, stating that a Bureau agent monitored continuously transmitting music and sound
effects from a CB station installed in a U-Haul vehicle, i.e., the same type of behavior at issue in this case,
in violation of the rules then in effect prohibiting obscene, indecent or profane language, sections
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8. We find that Leon apparently willfully and repeatedly violated section 301 of the Act and
sections 95.933 and 95.957 of the Commission's rules. Although section 95.305 authorizes the operation
of CB stations without the grant of individual licenses, section 95.905 of the rules provides that such
operating authority is automatically voided by the violation of any of the applicable rules. On June 21,
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September 28, 2022, Leon claimed the source of the unauthorized transmissions was a milk crate
containing a battery-operated CB radio placed by an unidentified third-party at a corner near his house,
[...]
interference thereby enhancing and facilitating the Commission's efforts to address and remedy interference cases.
In their reports on the legislation, both houses of Congress specifically cited citizens band radio as one of the
services affected. H.R. Rep. No. 101-316 at 8 (Oct. 27, 1989); S. Rep. 101-215 at 7 (Nov. 19, 1989).
[...]
95.933 and 95.957 of the Commission's rules to be subsumed within the violation of section 301 of the Act in that
they trigger the voiding of any operating authority otherwise conferred by section 95.003 of the Commission's rules.
4
)
[...]
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