On March 10, 2011 the FCC issued a Notice of Apparent Liability to Ira Jones for failing to allow inspection of his Citizen Band station, which the FCC alleges was causing harmful interference to the radios used by the local fire department. Ira Jones
Prior to issuing the NAL, the FCC had visited Jones' residence on two prior occasions. On each visit, the FCC requested permission to inspect Jones' station. Jones refused to allow inspection without a search warrant. On each occasion Jones was given a Notice of Unlicensed Operation. This is the fatal flaw in the FCC's case, and a mistake the FCC often makes.
Jones was fined for violating 47 CFR 95.426(a) which requires that an operator allow the FCC to inspect his station if requested. He was also fined for violating 47 USC 303(n) which is the statute authorizing the FCC to conduct inspections. Why the FCC would fine Jones for violating this section of the statute is confusing since this statute does not require anyone to allow an inspection. Operators can only be fined for violating rules that regulate their conduct, not rules relating to the FCC's authority for its actions.
As noted in other posts, the forfeiture statutes require that a Citation be given to an operator before a NAL may be issued. Citation There are stringent requirements for a valid Citation, including providing the offender with an opportunity for a personal interview with the FCC or to submit arguments or documents in response to the Citation. A Citation is required whenever the offender engages in conduct for which no license is required. No license is required to operate a CB radio. 47 USC 307(e)
Again, the FCC blows it by issuing a NOUL rather than a Citation. Fortunately for Mr. Jones, the FCC's mistake should allow him to avoid the fine.
