FCC ENFORCEMENT ACTIONS

On August 23, the FCC’s Enforcement Bureau released new Amateur Radio enforcement actions. Norman Ball, KE6VWN, of Sunland, California, and Richard Martin, KE6RJI, of Maywood, California, both received Warning Notices informing them that the FCC had received written complaints concerning the K6GE repeater and cited their “failure to follow rules set forth by the licensee/control operators of the repeater system for its users.” They were told that they had been told to refrain from using this repeater system, “but have apparently ignored both verbal and written requests” to do so. Both Ball and Martin were informed by the FCC that if they use the repeater again after receiving their letters from the FCC, “[the FCC] will initiate enforcement action against your license, which may include revocation, monetary forfeiture (fine) or a modification proceeding to restrict the frequencies on which you may operate.” The FCC warned Ball and Martin that fines “normally range from $7500 to $10,000.”

Mark F. Hubeny, N9ZHW, of Kaukauna, Wisconsin, received notification from the FCC informing him that he never responded to their Warning Notice concerning the operation of his amateur station on non-amateur frequencies sent June 1 of this year. He was told he had 20 days to respond. The letter said, “Failure to respond appropriately to this letter of inquiry may constitute a violation of the Communications Act and our rules. We will afford you an additional 20 days from the date of this letter to respond.”

Romeo C. Valdez, K6RMY, of San Jose, California, received notice from the FCC about a complaint filed against the operation of his station. “The complaint alleges that you are operating an unidentified repeater on 147.735 MHz,” the letter said. Valdez was directed to “review and fully address the complaint within 20 days of receipt of this letter. Failure to respond to this letter would be a separate violation of the Commission’s rules.”

Smith Trucking, Inc, of Smithfield, Pennsylvania, was cited by the FCC for “operating radio equipment without a license on the frequency 28. 535 MHz and causing interference to licensed stations in the Ten Meter Amateur Band. The drivers were observed operating unlicensed in April and May 2007 on Route 19 between the Fairmont, West Virginia area and the Haywood power plant near Shinnston, West Virginia.” The FCC admonished Smith Trucking to “[p]lease advise your drivers that operation of radio transmitting equipment without a license is a violation of Section 301 of the Communications Act of 1934…and subject them to a fine or imprisonment, as well as in seizure of any non-certified radio transmitting equipment.”

James T. Ogden, N7KPU, of Prescott Valley, Arizona, was advised by the FCC of a complaint from “the licensee of a coordinated repeater system, with supporting documentation, alleging that your N7KPU repeater is operating without coordination on 447.350/442.350 MHz and causing harmful interference. The complaint indicates that you have been contacted numerous times about this problem but have declined to address it.” The FCC requested information from Ogden concerning the coordination, if any, of his repeater, and asked that he forward any complaints he might have received. The FCC also wants Ogden to describe in detail how his repeater is configured, “including all sites, IRLP links and addresses, using diagrams where necessary. Detail any changes in location since the coordination, if any, was issued.” Ogden was
informed that any information he provided will be used to determine what, if any, action the FCC might take in this matter.

More information: http://www.arrl.org/?artid=7681

This entry was posted on August 29, 2007 at 8:41 am and is filed under ARRL Letter. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.