Hi all, I thought you might find this interesting! I have heard some of
the crap that goes on 14.313, so I am not surprised that some people are
finally getting busted, though, in my humble opinion, they should have
revoked there license this time, instead of just threatening to do it!
73:
John
John Jacques
Amateur Radio Station: KD8PC
"Whare Cat Is, Is civilization!"
Robert A Heinlein
http://www.johnjacques.weebly.com
----- Forwarded Message -----
From: Ronald Goodfellow <[log in to unmask]>
To: undisclosed-recipients:;
Date: Sun, 27 Jul 2014 08:48:28 -0400
Subject: Fwd: it is HAMMER time !!
Message-ID:
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References: <[log in to unmask]>
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http://transition.fcc.gov/eb/Orders/2014/DA-14-1031A1.html
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: July 22, 2014 Released: July 22, 2014
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
INTRODUCTION
* We propose a penalty of $22,000 against amateur radio station operator
Michael Guernsey for intentionally causing interference to other amateur
radio operators and failing to provide station identification. Amateur
radio frequencies are shared and licensees may not monopolize any
frequency for their exclusive use. Deliberate interference undermines the
utility of the Amateur Radio Service by preventing communications among
licensed users that comply with the Commission's rules. In addition, the
failure to transmit call sign information disrupts the orderly
administration of the Amateur Radio Service by preventing licensed users
from identifying a transmission's source. Mr. Guernsey has been
repeatedly warned in writing by the Enforcement Bureau about causing
interference to other amateur radio operators. This history of
noncompliance, combined with Mr. Guernsey's deliberate disregard for
Commission authority, warrants a significantly increased penalty.
* In this Notice of Apparent Liability for Forfeiture (NAL), we find that
Mr. Guernsey, licensee of Amateur Radio Station KZ8O in Parchment,
Michigan, apparently willfully violated Section 333 of the Communications
Act of 1934, as amended (Act), and Sections 97.101(d) and 97.119(a) of
the Commission's rules (Rules) by causing intentional interference to
licensed radio operations and failing to transmit his assigned call sign
in the Amateur Radio Service.
BACKGROUND
* Mr. Guernsey has a long history causing interference to the
communications of other amateur radio operators and has been warned
repeatedly in writing by the Enforcement Bureau that his actions violate
the Rules. On March 7, 2014, in response to several complaints of
intentional interference from amateur licensees operating on the
frequency 14.313 MHz, agents from the Enforcement Bureau's Detroit Office
(Detroit Office) used mobile direction finding techniques to identify the
source of the transmissions to 2026 Travis Road, Parchment, Michigan, the
address of record for Mr. Guernsey's amateur station KZ8O. The agents
monitored the transmissions emanating from Mr. Guernsey's station for
approximately 40 minutes and heard him transmit a prerecorded song and
various animal noises on the frequency. These transmissions prevented
other amateur licensees from communicating over the frequency. During the
monitoring period, the agents did not hear Mr. Guernsey transmit his
assigned call sign.
DISCUSSION
* Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions of
any license, or willfully or repeatedly fails to comply with any of the
provisions of the Act or of any rule, regulation, or order issued by the
Commission thereunder, shall be liable for a forfeiture penalty. Section
312(f)(1) of the Act defines "willful" as the "conscious and deliberate
commission or omission of [any] act, irrespective of any intent to
violate" the law. The legislative history to Section 312(f)(1) of the Act
clarifies that this definition of willful applies to both Sections 312
and 503(b) of the Act, and the Commission has so interpreted the term in
the Section 503(b) context.
* Causing Intentional Interference to Licensed Communications
* The evidence in this case is sufficient to establish that Mr. Guernsey
violated Section 333 of the Act and Section 97.101(d) of the Rules.
Section 333 of the Act states that "[n]o person shall willfully or
maliciously interfere with or cause interference to any radio
communications of any station licensed or authorized by or under the Act
or operated by the United States Government." The legislative history for
Section 333 of the Act identifies willful and malicious interference as
"intentional jamming, deliberate transmission on top of the transmissions
of authorized users already using specific frequencies in order to
obstruct their communications, repeated interruptions, and the use and
transmission of whistles, tapes, records, or other types of noisemaking
devices to interfere with the communications or radio signals of other
stations." Section 97.101(d) of the Rules states that "[n]o amateur
operator shall willfully or maliciously interfere with or cause
interference to any radio communication or signal."
* On March 7, 2014, agents from the Detroit Office located the source of
interference to frequency 14.313 MHz to the address of record for Mr.
Guernsey's amateur station KZ8O. The agents heard Mr. Guernsey
intentionally interfering with other amateur licensees by transmitting a
prerecorded song and various animal noises. These transmissions were a
deliberate act to monopolize the frequency and prevent other amateur
radio operators from conducting legitimate communications. Based on the
evidence before us, we find that Mr. Guernsey apparently willfully
violated Section 333 of the Act and Section 97.101(d) of the Rules by
intentionally interfering with other licensed amateur radio
communications.
* Failure to Transmit a Call Sign Identification
* The evidence in this case also is sufficient to establish that Mr.
Guernsey violated Section 97.119(a) of the Rules. Section 97.119(a) of
the Rules states that "[e]ach amateur station . . . must transmit its
assigned call sign on its transmitting channel at the end of each
communication, and at least every 10 minutes during a communication, for
the purpose of clearly making the source of the transmissions from the
station known to those receiving the transmissions." On March 7, 2014,
agents from the Detroit Office monitored frequency 14.313 MHz for
approximately 40 minutes and heard transmissions by Mr. Guernsey in which
he failed to transmit his assigned call sign. Based on the evidence
before us, we find that Mr. Guernsey apparently willfully violated
Section 97.119(a) of the Rules by failing to transmit his assigned call
sign.
* Proposed Forfeiture
* Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for interference is $7,000
and the base forfeiture amount for failure to provide station
identification is $1,000. We retain the discretion, however, to issue a
higher or lower forfeiture than provided in the Forfeiture Policy
Statement or to apply alternative or additional sanctions as permitted by
statute, subject to the statutory cap. In assessing the monetary
forfeiture amount, we must take into account the statutory factors set
forth in Section 503(b)(2)(E) of the Act, which include the nature,
circumstances, extent, and gravity of the violations, and with respect to
the violator, the degree of culpability, any history of prior offenses,
ability to pay, and other such matters as justice may require.
* The fact that Mr. Guernsey intentionally interfered with other amateur
licensees despite multiple written warnings from the Enforcement Bureau
that such action violated the Act and Rules demonstrates a deliberate
disregard for the Commission's authority. Thus, we find that a $14,000
upward adjustment to the proposed forfeiture is warranted. Applying the
Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory
factors to the instant case, we conclude that Mr. Guernsey is apparently
liable for a total forfeiture in the amount of $22,000. We caution Mr.
Guernsey that future violations of this kind may result in significantly
higher forfeitures or revocation of his amateur license.
* NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: July 22, 2014 Released: July 22, 2014
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
INTRODUCTION
* We propose a penalty of $11,500 against amateur radio station operator
Brian Crow for intentionally causing interference to other amateur radio
operators and failing to provide station identification. Amateur radio
frequencies are shared and licensees may not monopolize any frequency for
their exclusive use. Deliberate interference undermines the utility of
the Amateur Radio Service by preventing communications among licensed
users that comply with the Commission's rules. In addition, the failure
to transmit call sign information disrupts the orderly administration of
the Amateur Radio Service by preventing licensed users from identifying a
transmission's source. Mr. Crow was warned previously in writing by the
Enforcement Bureau about causing interference to other amateur radio
operators, warranting an increased penalty.
* In this Notice of Apparent Liability for Forfeiture (NAL), we find that
Mr. Crow, licensee of Amateur Radio Station K3VR in North Huntingdon,
Pennsylvania, apparently willfully violated Section 333 of the
Communications Act of 1934, as amended (Act), and Sections 97.101(d) and
97.119(a) of the Commission's rules (Rules) by causing intentional
interference to licensed radio operations and failing to transmit his
assigned call sign in the Amateur Radio Service.
BACKGROUND
* On March 14, 2014, in response to several complaints of intentional
interference from amateur licensees on the frequency 14.313 MHz, agents
from the Enforcement Bureau's Philadelphia Office (Philadelphia Office)
used mobile direction finding techniques to identify the source of the
transmissions to 12201 Longview Drive, North Huntingdon, Pennsylvania,
the location of Mr. Crow's amateur station K3VR. The agents monitored the
transmissions emanating from Mr. Crow's station for approximately three
hours in the morning and heard him transmit Slow-Scan Television (SSTV)
emissions and a prerecorded voice transmission of another amateur station
on the frequency. These transmissions prevented other amateur licensees
from communicating over the frequency. During the monitoring period, the
agents did not hear Mr. Crow transmit his assigned call sign. Later that
day, the agents approached Mr. Crow's residence, identified themselves,
and requested to inspect the radio station located on the premises. Mr.
Crow allowed the agents to inspect the station and they confirmed that it
was capable of operating on 14.313 MHz. The agents interviewed Mr. Crow,
who stated he did not operate his amateur radio station that morning and
was not home when the interfering transmissions occurred.
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