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FCC Enforcement Monitor June 2025

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • CB Radio Operator’s Transmission of Indecipherable Sound Effects Leads to $25,000 Fine
  • Low Power FM Radio Licensee Enters Consent Decree Over Airing of Commercials
  • Interfering Bluetooth Speaker Leads FCC Field Agents to Florida Spa

Unauthorized CB Radio Use Results in $25,000 Fine

An Illinois Citizens Band Radio Service (CB) operator was fined $25,000 for engaging in unauthorized operation of a CB radio and willfully or maliciously causing interference.  Operating a CB radio no longer requires an FCC license, but its operation must still comply with all FCC rules.  Among the activities that are generally prohibited are transmission of one-way verbal communications, music and sound effects, and conversations longer than five minutes.

Section 95.933 of the FCC’s Rules also prohibits CB transmissions that include advertising for political candidates or for goods or services, and also prohibits transmitting live radio or TV broadcasts.  In this case, the violator transmitted nonverbal, indecipherable sound effects for long periods of time.  The resulting Forfeiture Order noted that unauthorized CB operations disrupt proper CB uses like “travelers’ assistance, warnings of hazardous road conditions, reporting accidents, etc.”

In the Notice of Apparent Liability (NAL) that preceded the Forfeiture Order, the FCC detailed the relevant facts, including complaints of transmissions of comedy routines, air raid siren sounds, and digital noises.  A visit to the area by an FCC field agent determined that unintelligible, data-like noises were coming from an antenna on the violator’s home.  The individual failed to respond to an on-scene Notice of Interference to Authorized Radio Stations left by the agent.  After subsequently receiving a Notice of Unlicensed Operation, the individual spoke with the regional office of the FCC’s Enforcement Bureau and claimed that a battery-operated transmitter inside a milk crate had been placed at a corner near his house.  He failed, however, to submit any documentation corroborating the existence of such a device.  On a second visit to the area, the field agent observed a data-like transmission similar to what was observed during the initial site visit but did not observe a transmitting milk crate.

The 2023 NAL described the individual’s history of non-compliance with FCC rules dating back to 1999, including his failure to pay a previous $14,000 fine.  The individual did not respond to the NAL, so the FCC proceeded to issuing a fine.

The FCC’s base fine for each day of unauthorized operation is $10,000, and for each day of interference is $7,000.  The Enforcement Bureau determined that the violations occurred on two days and assessed a fine of $25,000, the highest total fine the Enforcement Bureau is allowed to fine a non-common carrier under its delegated authority.  The individual has 30 days to pay the $25,000 fine, which will be made slightly more difficult by the fact that the FCC limits credit card payments to the agency to $24,999.99.

Low Power FM Station Signs Consent Decree Over Underwriting Violations

A Virginia low power FM (LPFM) radio licensee entered into a Consent Decree with the FCC to resolve issues related to airing commercial advertising.  The LPFM station’s license renewal application drew a Petition to Deny and informal objection making a number of allegations, including that the station participated in a prohibited operating agreement with other parties in violation of Section 73.860(e) of the FCC’s Rules, deviated from the educational purpose stated in the station’s initial construction permit (CP) application, made false certifications in the CP application, and regularly aired commercial announcements in violation of Section 399B of the Communications Act and Sections 73.503(d) and 73.801 of the FCC’s Rules.

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NMBA MEMBER NEWS

New Mexico Health Care Authority Recognizes NMBA PEP Partnership
Modern Child Support Family campaign recognized with NCSEA 2024 program awareness award 

SANTA FE – The New Mexico Child Support program has been honored with the National Child Support Engagement Association (NCSEA) 2024 Program Awareness Award for its Modern Child Support Family campaign.

This award recognizes outstanding efforts in media relations and public outreach to promote the services run by the Child Support Services Division (CSSD). 

“Modernizing and improving our child support program to prioritize New Mexico’s children has been our focus over the last five years,” said Kyra Ochoa, Health Care Authority Deputy Secretary. “We are honored that NCSEA recognized our work, and we hope more families who need these important services are reaching out to the Child Support Services Division.” 

The Modern Child Support Family campaign started in August 2021 with public service announcements on TV and radio in English, Spanish, and Diné.

Each campaign highlighted how the modern child support program can help with establishing parentage, setting and changing support orders, and finding jobs. The third campaign featured a testimonial from a parent who shared how the program helped her support her child and be the best parent she could be. The most recent campaign ads can be found on the HCA website in EnglishSpanish, and Diné

“We can tell people how great the child support program is but hearing it from someone who has used our services is more powerful,” said Betina Gonzales McCracken, Child Support Director. “We hope her story connects with parents or guardians who need help with child support.”

The ads aired through the New Mexico Broadcasters Association (NMBA) Public Education Program and have played on New Mexico TV and radio stations more than 65,000 times over the past three years. 

“We are very thankful to the NMBA and New Mexico’s TV and radio stations for their help in this community outreach effort,” added McCracken.

Visit the YES.NM.GOV

site for the easiest and fastest way to apply for child support services. Additionally, you can request an application by calling the HCA consolidated customer service center at 1-800-283-4465
 
Monday through Friday 7:30 a.m. to 6 p.m.  

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