If someone has a license from the FCC and operates his equipment in violation of the regulations governing the operation of his equipment, the FCC can issue a Notice of Violation (NOV). A NOV is authorized under the FCC’s rules at 47 C.F.R. 1.89. This procedure is proper where the recipient holds a license or a permit from the FCC, and can be combined with a Notice of Apparent Liability (NAL). However, a NAL cannot be issued to anyone who does not have a license or who has not engaged in an activity that requires a license, without the FCC first issuing a formal Citation.
Recently the FCC issued a NOV in two cases which underscores the lack of understanding of the rules by the FCC staff. In Jerry & Becky Lipscombe the FCC issued a NOV for an alleged violation of the rules prohibiting obscene talk and the use of noise makers on the Citizen Band (CB). The NOV states that the Lipscombes are licensees of the CB service. The problem is that the CB is an unlicensed service. It hasn’t been a licensed service for about 30 years. The FCC obviously doesn’t know, but should know, that the CB is not a licensed service. A NAL cannot be issued without issuing a Citation first. So what’s the point of a NOV?
In Preston Dundorf the FCC issued a NOV for violating the FCC’s rules by offering equipment for sale over the CB frequencies. The rules prohibit using the CB to offer goods for sale. However, the NOV again erroneously states that Dundorf is a licensee of the CB. There are no licenses issued under the CB. Further, one does not need a license from the FCC to sell goods. Why not issue a Citation instead? Is it because the staff of the FCC does not know the rules? Or are they just lazily sending out the wrong FCC form notice?
Recently the FCC issued a NOV in two cases which underscores the lack of understanding of the rules by the FCC staff. In Jerry & Becky Lipscombe the FCC issued a NOV for an alleged violation of the rules prohibiting obscene talk and the use of noise makers on the Citizen Band (CB). The NOV states that the Lipscombes are licensees of the CB service. The problem is that the CB is an unlicensed service. It hasn’t been a licensed service for about 30 years. The FCC obviously doesn’t know, but should know, that the CB is not a licensed service. A NAL cannot be issued without issuing a Citation first. So what’s the point of a NOV?
In Preston Dundorf the FCC issued a NOV for violating the FCC’s rules by offering equipment for sale over the CB frequencies. The rules prohibit using the CB to offer goods for sale. However, the NOV again erroneously states that Dundorf is a licensee of the CB. There are no licenses issued under the CB. Further, one does not need a license from the FCC to sell goods. Why not issue a Citation instead? Is it because the staff of the FCC does not know the rules? Or are they just lazily sending out the wrong FCC form notice?
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