FCC Web Documents citing 97.101

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.pdf
  • of Amateur Radio Service Station WA9KJI. He filed the above-captioned application to renew the license on July 19, 2006. On September 9, 1998, the Commission's Compliance and Information Bureau (CIB) issued a Notice of Violation (``NOV'') to Castle based on a determination that he had willfully and maliciously interfered with radio communications on August 23, 1998, in violation of Sections 97.101(d) and 97.113 of the Commission's Rules. The NOV restricted the hours that Castle could operate. On January 7, 1999, CIB sent Castle a Warning Notice, based on additional evidence that Castle had engaged in harassment, malicious interference, and jamming, in violation of Section 97.101(d). The Warning Notice informed Castle that additional violations could result in enforcement action against his license.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-879A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-879A1.pdf
  • of amateur radio station, call sign KA6VHC, Whittier, California. Mr. Granda seeks reconsideration of a Forfeiture Order in which the Enforcement Bureau (``Bureau'') found Mr. Granda liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended (``Act''), and Sections 97.101(b) and 97.101(d) of the Commission's Rules (``Rules''). The noted violations involve Mr. Granda's failure to respond to official Commission correspondence and his intentional interference to amateur radio communications. For the reasons discussed below, we reduce the forfeiture amount to two thousand five hundred dollars ($2,500). II. BACKGROUND 2. In response to complaints of interference from his amateur station, the Bureau
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.txt
  • rules a requirement that stations operate in harmony with voluntary band plans, thereby mitigating the impact of these events on other users of the band. The issue of willful or malicious interference between amateur service stations engaging in different operating activities was also previously addressed in the Order, where the Division noted that we already prohibit such interference in Section 97.101(d) of our Rules. In the absence of a showing that Section 97.101(d) no longer serves its purpose, we are not persuaded that a more comprehensive rule is necessary. Rather, we believe that cooperation between licensees, education, and compliance with Section 97.101(d) of our Rules is sufficient to minimize interference. For these reasons, we dismiss the 160 m Petition. Station Operation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1099A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1099A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1099A1.txt
  • to the retransmission of a broadcast station and failing to provide station identification. The known facts are as follows: Mr. Thompson's transmissions on October 18, 1998, constituted willful or malicious interference to the transmissions of other amateur radio stations, in apparent violation of Section 333 of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 333, and Section 97.101(d), Section 97.113(e) and Section 97.119(a) of the Commission's Rules, 47 C.F.R. �� 97.101(d), 97.113(e) and 97.119(a); Mr. Thompson's transmissions on October 18, 1998, were unidentified, in apparent violation of Section 97.119(a) of the Commission's Rules, 47 C.F.R. � 97.119(a); Mr. Thompson's transmission on October 18, 1998, included music, in apparent violation of Section 97.113(a)(4) of the Commission's Rules, 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2286A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2286A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2286A1.txt
  • The antenna was not connected to radio equipment and the agents found no other radio equipment in the vehicle at the time. In June 1999, the Houston Field Office issued a Notice of Violation for willful and malicious interference to radio communications in violation of Section 333 of the Communications Act of 1934, as amended (``Act''), for violation of Section 97.101(d) of the Commission's rules (``Rules'') and for transmitting unidentified Amateur radio communications in violation of Section 97.119 of the Rules. Meyers responded and denied the violations. On January 13, 2000, the Commission's Houston Field Office issued Meyers a Notice of Apparent Liability for Forfeiture (``NAL'') finding Meyers apparently liable for a forfeiture in the amount of $8,000 The NAL stated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2843A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2843A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2843A1.txt
  • ) ) NAL Acct. No 915PA0007 Licensee of Amateur Radio Station KB1DTA ) West Concord, Massachusetts ) ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating a forfeiture proceeding against Michael E. Gallagher (''Gallagher'') concerning operation of an Amateur Radio transmitter in violation of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules. 2. The former Compliance and Information Bureau issued a Notice of Apparent Liability to Gallagher in the amount of $7,500 for the rule violations. Gallagher has stated that payment of the $7,500 would cause financial hardship and has submitted financial documentation in support of that claim. Gallagher has submitted his Amateur license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-970A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-970A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-970A1.txt
  • May 2, 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against Paul E. Holcombe, licensee of amateur radio station K4TOF, Houston, Texas, for willful violation of Section 333 Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules. The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-977A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-977A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-977A1.txt
  • 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Robert L. Meyers, licensee of amateur radio station N5WLY, Houston, Texas, for willful violation of Section 333 of the Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules (``Rules''). The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1756A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1756A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1756A1.txt
  • - Personal Radio Services 47 C.F.R. � 95.411 - (CB Rule 11) May I Use Power Amplifiers? William Jones, Parkesburg PA. Other violations: 47 C.F.R. �� 95.426 ((CB Rule 26) Do I Have To Make My CB Station Available For Inspection?) and 95.603 (Certification Required). Philadelphia, PA District Office (6/23/01). 47 C.F.R. Part 97 -Amateur Radio Service 47 C.F.R. � 97.101 - General Standards Robert J. Kazmierski, WE6M, San Mateo, CA. San Francisco, CA District Office (6/25/01). CITATIONS 47 C.F.R. Part 15 - Radio Frequency Devices 47 C.F.R. � 15.5 - General Conditions of Operation George Gantt, Vancouver, WA. Portland, OR Resident Agent Office (6/8/01). Warren Weimer, Vancouver, WA. Portland, OR Resident Agent Office (6/14/01). / � $ B �� ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1858A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1858A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1858A1.txt
  • Station W3CI ) NAL/Acct. No. 915PA0008 Dresher, Pennsylvania 19025 ) MEMORANDUM OPINION AND ORDER Adopted: August 2, 2001 Released: August 6, 2001 By the Chief, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of $7,500 issued to Kornwell Chan, licensee of amateur radio station W3CI, for apparent violations of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). The noted violations involved failure to operate an amateur radio station in accordance with good amateur practice, willful and malicious interference with radio communications, transmitting music on amateur radio frequencies, and transmitting unidentified communications or signals. On March 10, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.txt
  • Office (3/27/03). 47 C.F.R. Part 90 - Private Land Mobile Radio Services 47 C.F.R. � 90.403 - General Operating Requirements Mexicana Car and Limousine Services, Jackson Heights, NY. $4,000 NAL. New York, NY (1/2/03). Church Ave Car Service, Inc., Brooklyn, NY. $4,000 NAL. New York, NY District Office (3/31/03). 47 C.F.R. Part 97 - Amateur Radio Services 47 C.F.R. � 97.101 - General Standards Scott E. Kamm, NOUGN, Sioux City, Iowa. $12,000 NAL. Other violations: 47 C.F.R. �� 97.113 (Prohibited Transmissions ) and 97.119 (Station Identification). Kansas City, MO District Office (1/24/03).  � $ $ ~ � ' '' � � � � � `` '' � � F ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1505A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1505A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1505A1.txt
  • Station NOUGN ) FRN 0006-5376-58 ) Sioux City, Iowa ) FORFEITURE ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Scott E. Kamm, licensee of amateur radio station NOUGN, for willful and repeated violations of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). The noted violations involve Mr. Kamm's intentional interference to communications on Amateur Radio Service frequency 146.31 MHz, transmission of music on his amateur station, and failure to identify his amateur station by call sign. 2. On January 24, 2003, 2002, the District Director of the Commission's Kansas City, Missouri Field Office (``Kansas
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2042A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2042A1.txt
  • 2004 Released: July 9, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Daniel Granda (``Mr. Granda''), licensee of Amateur radio station KA6VHC, for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended (``Act''), and Sections 97.101(b) and 97.101(d) of the Commission's Rules (``Rules''). The noted violation involves Mr. Granda's failure to respond to official Commission correspondence and causing intentional interference to Amateur radio communications. 2. On March 31, 2004, the District Director of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2470A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2470A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2470A1.txt
  • Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four hundred dollars ($400) to Ronald E. Sauer (``Sauer''), licensee of Amateur Radio Station WE8E, Bedford Heights, Ohio for his deliberate interference with Canadian amateur radio operations, transmission of music, and failure to transmit his assigned call sign, in willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). On May 6, 2003, the Commission's Detroit, Michigan Field Office released a Notice of Apparent Liability for Forfeiture (``NAL''). The NAL found Sauer in apparent violation of the above Rules, and proposed a $12,000 monetary forfeiture against Sauer ($7,000 for causing interference, $4,000 for transmitting unauthorized material, and $1,000 for failing to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2887A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2887A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2887A1.txt
  • June 6, 2003 petition for reconsideration (``petition'') filed by Scott E. Kamm, licensee of amateur radio station N0UGN, Sioux City, Iowa, to the extent indicated herein. Mr. Kamm seeks reconsideration of a May 7, 2003 Forfeiture Order, in which the Enforcement Bureau imposed upon him a monetary forfeiture in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). The noted violations involve Mr. Kamm's intentional interference to communications on Amateur Radio Service frequency 146.31 MHz, transmission of music on his amateur station, and failure to identify his amateur station by call sign. In support of his petition, Mr. Kamm offers to immediately withdraw his pending application for renewal of his
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3661A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3661A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3661A1.txt
  • and extension of the amateurs' proven ability to contribute to the advancement of radio art; expansion of the existing reservoir of trained operators, technicians, and electronic experts; and continuation of the amateur's unique ability to enhance international goodwill. The Amateur Radio Service is allocated spectrum that must be shared in a cooperative manner by literally thousands of individual stations. Section 97.101 of the Commission's rules sets forth the general standards that amateur stations must follow; they include the basic principle that all frequencies are to be shared; no frequency can be assigned for the exclusive use of any station. Amateur service licensees and amateur station control operators are required to cooperate in selecting frequencies and in making the most effective use
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3123A1.txt
  • 22, 2002, which revoked Gerritsen's probation and lifted the stay on his previously imposed jail sentence was reversed. Gerritsen's underlying conviction was not reversed. See n. 3, supra. 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. � 503(b)(2)(D). H.R. Rep. No. 101-316, at 13 (1989). Section 97.101(a) of the Commission's Rules (``Rules'') states that ``each amateur station must be operated in accordance with good engineering and good amateur practice.'' 47 C.F.R. � 97.101(a). 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.'' 47 C.F.R. � 97.101(d). U.S. v. Richard, (1998 WL
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-663A1.txt
  • NAL/Acct. No. 200532260001 FRN 0013164975 FORFEITURE ORDER Adopted: March 27, 2006 Released: March 29, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Glenn A. Baxter (``Baxter''), licensee of Amateur Radio Station K1MAN, for willful and repeated violation of Sections 97.101(d) and 97.113(a)(3) of the Commission's Rules (``Rules''), for willful violation of Section 97.105(a) and 97.113(b) of the Rules, and for willful and repeated failure to file required information pursuant to an Enforcement Bureau (``Bureau'') directive. The noted violations of the Rules involve interference with the ongoing communications of other Amateur radio stations, failure to exercise station control, transmission of communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2185A1.txt
  • of Amateur Radio Service Station WA9KJI. He filed the above-captioned application to renew the license on July 19, 2006. On September 9, 1998, the Commission's Compliance and Information Bureau (CIB) issued a Notice of Violation (``NOV'') to Castle based on a determination that he had willfully and maliciously interfered with radio communications on August 23, 1998, in violation of Sections 97.101(d) and 97.113 of the Commission's Rules. The NOV restricted the hours that Castle could operate. On January 7, 1999, CIB sent Castle a Warning Notice, based on additional evidence that Castle had engaged in harassment, malicious interference, and jamming, in violation of Section 97.101(d). The Warning Notice informed Castle that additional violations could result in enforcement action against his license.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-879A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-879A1.txt
  • of amateur radio station, call sign KA6VHC, Whittier, California. Mr. Granda seeks reconsideration of a Forfeiture Order in which the Enforcement Bureau (``Bureau'') found Mr. Granda liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended (``Act''), and Sections 97.101(b) and 97.101(d) of the Commission's Rules (``Rules''). The noted violations involve Mr. Granda's failure to respond to official Commission correspondence and his intentional interference to amateur radio communications. For the reasons discussed below, we reduce the forfeiture amount to two thousand five hundred dollars ($2,500). II. BACKGROUND 2. In response to complaints of interference from his amateur station, the Bureau
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1082A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1082A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1082A1.txt
  • issue of interference between amateur stations engaging in different operating activities, it has declined to revise the rules to prevent one emission type from being transmitted in a frequency band on the basis that it may interfere with the operating activities of other amateur service licensees. Rather, the Commission noted that interference between amateur stations is already addressed by Section 97.101(b) and (d), which require amateur licensees to cooperate in selecting transmitting channels and in making the most effective use of amateur frequencies, provide that no amateur frequency will be assigned for the exclusive use of any station allocated to the Amateur Radio Service, and prohibit operators from willfully or maliciously interfering with or causing interference to any radio communication or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1083A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1083A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1083A1.txt
  • has previously addressed the issue of interference between amateur stations engaging in different operating activities, it has declined to revise the rules to limit a frequency segment to one emission type in order to prevent interference to the operating activities of other amateur radio service licensees. Rather, the Commission noted that interference between amateur stations is already addressed by Section 97.101(b) and (d) of the Commission's Rules, which require amateur licensees to cooperate in selecting transmitting channels and in making the most effective use of amateur frequencies, provide that no amateur frequency will be assigned for the exclusive use of any station allocated to the Amateur Radio Service, and prohibit operators from willfully or maliciously interfering with or causing interference to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-361A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-361A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-361A1.txt
  • that the Commission considers in determining whether the applicant has the requisite qualifications to be a Commission licensee. Violations of the Communications Act and/or the Commission's Rules are predictive of licensee behavior and directly relevant to the Commission's regulatory activities. The Character Policy Statement is applicable to amateur and other wireless radio licensees. Section 333 of the Act and Section 97.101(d) of the Commission's Rules provide that no person shall willfully or maliciously interfere with or cause interference to any radio communications of licensed stations. Section 97.113(a)(4) and (b) of the Commission's Rules specifically prohibits transmission of music, obscene or indecent words, and one-way communications on amateur frequencies. Section 97.113(a)(4) of the Commission's Rules and Section 1464 of the Criminal Code
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1.txt
  • of its Rules to prohibit a repeater station licensee or control operator from limiting the use of a repeater to only certain user stations, unless a user blatantly violates the Commission's Rules. You argue that Section 97.205(e), which permits a repeater station licensee or control operator to limit the use of a repeater to certain user stations, conflicts with Section 97.101(b), which states that no frequency is for the exclusive use of a particular amateur station, and each station licensees must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. For the reasons set forth below, we dismiss the petition. We conclude that Section 97.205(e) does not establish an exclusive assignment of a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2559A1_Rcd.pdf
  • of its Rules2 to prohibit a repeater station licensee or control operator from limiting the use of a repeater to only certain user stations, unless a user blatantly violates the Commission's Rules. You argue that Section 97.205(e), which permits a repeater station licensee or control operator to limit the use of a repeater to certain user stations, conflicts with Section 97.101(b),3which states that no frequency is for the exclusive use of a particular amateur station, and each station licensees must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies.4For the reasons set forth below, we dismiss the petition. We conclude that Section 97.205(e) does not establish an exclusive assignment of a frequency to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1.txt
  • a Notice of Apparent Liability and Forfeiture (NAL) to Baxter, based on a determination that he had willfully and repeatedly interfered with radio communications on November 27, 2004, December 8, 2004, and March 31, 2005, by commencing to transmit on frequency 3.890 MHz while the channel was being used by other stations, in apparent willful and repeated violation of Section 97.101(d) of the Rules. The Bureau also found that Baxter apparently willfully and repeatedly violated Section 97.113(a)(3) of the Rules on November 25, 2004, December 1, 2004, and March 30, 2005, by transmitting communications regarding matters in which he has a pecuniary interest, and that Baxter apparently willfully and repeatedly failed to comply with a Bureau directive to file information regarding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-58A1_Rcd.pdf
  • 2005). Baxter submitted a reply on June 16, 2005, denying any liability for the forfeiture amount on procedural grounds, but not substantively responding to the apparent violations set forth in the NAL. 232 Federal Communications Commission DA 11-58 transmit on frequency 3.890 MHz while the channel was being used by other stations, in apparent willful and repeated violation of Section 97.101(d) of the Rules.9The Bureau also found that Baxter apparently willfully and repeatedly violated Section 97.113(a)(3) of the Rules on November 25, 2004, December 1, 2004, and March 30, 2005, by transmitting communications regarding matters in which he has a pecuniary interest,10and that Baxter apparently willfully and repeatedly failed to comply with a Bureau directive to file information regarding control of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237597A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237597A1.pdf
  • of 1934, as amended (the ``Communications Act''), and Section 1.80 of the Commission's Rules, against Robert L. Meyers (``Meyers''), licensee of Amateur Radio Station N5WLY, Houston, Texas. We find that Meyers operated his Amateur Radio station so as to willfully and maliciously cause interference to radio communications in apparent willful violation of Section 333 of the Communications Act and Section 97.101(d) of the Commission's Rules, and transmitted unidentified communications in apparent willful violation of Section 97.119(a) of the Commission's Rules. For the reasons discussed below, we conclude that Meyers is apparently liable for a forfeiture in the amount of $8000. II. BACKGROUND 2. From 1993 through 1999, the Commission's Houston Office received complaints of alleged intentional interference to users of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237600A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237600A1.pdf
  • of 1934, as amended (the ``Communications Act''), and Section 1.80 of the Commission's Rules, against Paul E. Holcombe (``Holcombe''), licensee of Amateur Radio Station K4TOF, Houston, Texas. We find that Holcombe operated his Amateur Radio station so as to willfully and maliciously cause interference to radio communications in apparent willful violation of Section 333 of the Communications Act and Section 97.101(d) of the Commission's Rules, and transmitted unidentified communications in apparent willful violation of Section 97.119(a) of the Commission's Rules. For the reasons discussed below, we conclude that Holcombe is apparently liable for a forfeiture in the amount of $8000. II. BACKGROUND 2. From 1993 through 1999, the Commission's Houston Office received complaints of alleged intentional interference to users of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237767A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237767A1.pdf
  • 0006-5376-58 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 24, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Scott E. Kamm, licensee of amateur radio station N0UGN, apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). Specifically, we find Mr. Kamm apparently liable for causing intentional interference, broadcasting music and failing to identify with his station call sign. BACKGROUND On December 9, 2002, in response to complaints of continuing interference on Amateur Radio Service frequency 146.31 MHz, an agent of the Commission's Kansas City Field Office monitored the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237825A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237825A1.pdf
  • ) NAL/Acct. No. 200332360006 Bedford Heights, Ohio ) ) FRN: 0008-9043-36 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 6, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ronald E. Sauer, (``Sauer''), licensee of amateur radio station WE8E, Bedford Heights, Ohio, has apparently violated Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). Respectively, these sections require that no amateur operator shall willfully or maliciously interfere with or cause interference to any radio communications or signal; no amateur station shall transmit music; and each amateur station must transmit its assigned call sign. We conclude that Sauer is apparently liable for a forfeiture in the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246121A1.pdf
  • 0008889461 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 31, 2004 By the District Director, Los Angeles Office, Enforcement Bureau: INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Daniel Granda, licensee of Amateur radio station KA6VHC, has willfully and repeatedly violated Sections 308(b) and 333 of the Communications Act of 1934, as amended and Sections 97.101(b) and 97.101(d) of the Commission's Rules. Specifically, we find Mr. Granda apparently liable for failure to respond to official Commission correspondence and causing intentional interference to Amateur radio communications. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Daniel Granda is apparently liable for a forfeiture in the amount of eleven thousand dollars
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255042A1.pdf
  • for Section 333 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(a) of the Commission's Rules (``Rules'') states that ``each amateur station must be operated in accordance with good engineering and good amateur practice.'' 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.'' One hallmark of willful and malicious interference in the amateur radio service is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256484A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256484A1.pdf
  • or signal of distress, and, except when engaged in answering or aiding the ship in distress, shall refrain from sending any radio communications or signals until there is assurance that no interference will be caused with the radio communications or signals relating thereto, and shall assist the vessel in distress, so far as possible, by complying with its instructions.'' Section 97.101(c) of the Commission's Rules, concerning amateur operations, states that ``[a]t all times and on all frequencies, each control operator must give propriety to stations providing emergency communications . . . .'' On October 29, 2004, a Coast Guard Auxiliary Officer attempted to contact a damaged vessel in distress near Catalina Island. Because the VHF marine radio on the damaged vessel
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259301A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259301A1.pdf
  • Forfeiture (``NAL''), pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''),we find Glenn A. Baxter, licensee of Amateur Radio Station K1MAN, apparently liable for a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000). We conclude that Mr. Baxter apparently willfully and repeatedly interfered with ongoing communications of other stations in violation of Section 97.101(d) of the Commission's Rules (the ``Rules''). We further conclude that Mr. Baxter apparently willfully and repeatedly transmitted communications in which he had a pecuniary interest in violation of Section 97.113(a)(3) of the Rules. We find that Mr. Baxter apparently willfully and repeatedly failed to file requested information pursuant to an Enforcement Bureau (``Bureau'') directive. We further find that Mr. Baxter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263649A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263649A1.pdf
  • or signal of distress, and, except when engaged in answering or aiding the ship in distress, shall refrain from sending any radio communications or signals until there is assurance that no interference will be caused with the radio communications or signals relating thereto, and shall assist the vessel in distress, so far as possible, by complying with its instructions.'' Section 97.101(c) of the Commission's Rules, concerning amateur operations, states that ``[a]t all times and on all frequencies, each control operator must give propriety to stations providing emergency communications . . . .'' On October 29, 2004, a Coast Guard Auxiliary Officer attempted to contact a damaged vessel in distress near Catalina Island. Because the VHF marine radio on the damaged vessel
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295354A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295354A1.pdf
  • source of the transmissions from the station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to that station.'' On November 19, 2009 between 7:00 p.m. and 8:15 p.m., John Melcer made numerous unidentified transmissions on the frequency 146.025 MHz. 47 C.F.R. � 97.101(d): ``No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communications or signal.'' The transmissions from John Melcer's station caused harmful interference to communications in progress on the 146.625 MHz/146.025 MHz repeater (Call Sign WA3VRD). 47 C.F.R. � 97.113(b): ``An amateur station shall not engage in any form of broadcasting, nor may an amateur station
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-27A1.txt
  • Frequency Allocations and Section 97.401(b) to the rules for the amateur radio service, both of which referenced Resolution No. 640. At WRC-97, Resolution 640 was eliminated, and at the 2000 World Radiocommunication Conference ("WRC-2000"), international footnote S5.120 was eliminated. Accordingly, we propose to delete international footnote S5.120 and Section 97.401(b) from our Rules. We observe that, under Sections 97.111(a)(1) and 97.101(c) of our Rules, U.S. amateur radio stations can continue to communicate with foreign stations in disaster areas. Frequencies Available for Forest Products Licensees The band 27540-28000 kHz is Federal Government exclusive spectrum that is allocated to the fixed and mobile services, except that limited non-Federal Government use is permitted by forest product licensees in certain geographic areas on six channels.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • spectrum leases in accordance with the provisions of the Report and Order. See 47 C.F.R. Parts 80, 87, 95. See 47 C.F.R. Part 97. See, e.g., 47 C.F.R. � 97.501. See, e.g., 47 C.F.R. �� 80.13(c), 87.18(b), 95.191(a), 95.204, 95.404. See, e.g., 47 C.F.R. �� 95.23, 95.25, 95.192, 95.205, 95.405, 97.301. See, e.g., 47 C.F.R. �� 95.7, 95.191(b), 95.207(b), 95.407, 97.101(b). We note that, with the exception of the amateur service, our rules establish individual channels in these services. These channels and all amateur service spectrum, however, are shared by users authorized to use that service. See also paragraph 305, infra. See Sections IV.A.5.a(ii)(b), IV.A.5.b(ii)(b), supra. See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • spectrum leases in accordance with the provisions of the Report and Order. See 47 C.F.R. Parts 80, 87, 95. See 47 C.F.R. Part 97. See, e.g., 47 C.F.R. � 97.501. See, e.g., 47 C.F.R. �� 80.13(c), 87.18(b), 95.191(a), 95.204, 95.404. See, e.g., 47 C.F.R. �� 95.23, 95.25, 95.192, 95.205, 95.405, 97.301. See, e.g., 47 C.F.R. �� 95.7, 95.191(b), 95.207(b), 95.407, 97.101(b). We note that, with the exception of the amateur service, our rules establish individual channels in these services. These channels and all amateur service spectrum, however, are shared by users authorized to use that service. See also paragraph 305, infra. See Sections IV.A.5.a(ii)(b), IV.A.5.b(ii)(b), supra. See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-39A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-39A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-39A1.txt
  • deleted Resolution 640 and international footnote 5.120, respectively. No commenter addressed this proposal. Because ITU Resolution No. 640 and international footnote 5.120 have been removed from the ITU Radio Regulations, we will delete footnote 5.120 and Section 97.401(b), from our Rules. We do not think this will have an impact on the amateur service emergency communications because Sections 97.111(a)(1) and 97.101(c) of our Rules allow amateur stations to communicate with foreign stations in disaster areas, making the provisions based on the former ITU Resolution No. 640 unnecessary. Frequencies Available for Forest Products Licensees In the Notice, the Commission pointed out that the band 27540-28000 kHz is Federal Government exclusive spectrum that is allocated to the fixed and mobile services, except that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
  • The other commenter opposed any revisions that would allow Business and Industrial/Land Transportation (B/ILT) licensees to lease to commercial entities, expressing concern about potential harmful interference. See Boeing Reply Comments at 2-6. One commenter recommended extending our spectrum leasing policies to these services, but provided no rationale for so doing. See Winstar Comments at 2. See 47 C.F.R. �� 97.501, 97.101(b); see also Further Notice at � 301. We note that the Report and Order permitted spectrum leasing by one Personal Radio Service, the 218-219 MHz service, in which licensees have exclusive use of the licensed spectrum. See Report and Order at � 84 & n.183. See 47 C.F.R. Part 95 subpart D. See 47 C.F.R. Part 95 subpart C. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-79A1.txt
  • rules a requirement that stations operate in harmony with voluntary band plans, thereby mitigating the impact of these events on other users of the band. The issue of willful or malicious interference between amateur service stations engaging in different operating activities was also previously addressed in the Order, where the Division noted that we already prohibit such interference in Section 97.101(d) of our Rules. In the absence of a showing that Section 97.101(d) no longer serves its purpose, we are not persuaded that a more comprehensive rule is necessary. Rather, we believe that cooperation between licensees, education, and compliance with Section 97.101(d) of our Rules is sufficient to minimize interference. For these reasons, we dismiss the 160 m Petition. Station Operation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-70A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-70A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-70A1.txt
  • Frequency Co-ordination Conference (HFCC) coordinates the transmission schedules of about 60 organizations from more than 30 countries, this represent only about 75 to 80 percent of the global HFBC output. We note that the Commission's Rules already state that no amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal. 47 C.F.R. � 97.101(d). , supra, for the text of footnote US366. 47 C.F.R. � 2.106, footnotes 5.136, 5.143, 5.146, 5.151, and US366. ITU Radio Regulations Nos. 12.17, 12.18, and 12.19 divide the year into two seasonal periods: Schedule A: Last Sunday in March to last Sunday in October. Schedule B: Last Sunday in October to last Sunday in March. 47 C.F.R. � 2.102(h)(3).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.txt
  • John McCabe Comments at 1. See ARRL Comments at 10; John McCabe Comments at 1. See Richard Linder Comments at 1. See Bruce Ferry Comments at 1. See William Tynan Comments at 3; Richard Linder Comments at 1; Bruce Ferry Comments at 1. See William F. Osler Comments at 1. See John McCabe Comments at 1. See 47 C.F.R. � 97.101(d). See John McCabe Comments at 1. See also, 47 C.F.R. � 97.313(a). See 47 C.F.R. � 97.305(c). A spread spectrum system is an information bearing communications system in which information is conveyed by modulation of a carrier by some conventional means, and the bandwidth is deliberately widened by means of a spreading function over that which would be needed to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-149A1_Erratum.doc
  • John McCabe Comments at 1. See ARRL Comments at 10; John McCabe Comments at 1. See Richard Linder Comments at 1. See Bruce Ferry Comments at 1. See William Tynan Comments at 3; Richard Linder Comments at 1; Bruce Ferry Comments at 1. See William F. Osler Comments at 1. See John McCabe Comments at 1. See 47 C.F.R. � 97.101(d). See John McCabe Comments at 1. See also, 47 C.F.R. � 97.313(a). See 47 C.F.R. � 97.305(c). A spread spectrum system is an information bearing communications system in which information is conveyed by modulation of a carrier by some conventional means, and the bandwidth is deliberately widened by means of a spreading function over that which would be needed to
• http://transition.fcc.gov/eb/AmaCmpl.html
  • be sent via e-mail to [17]fccham@fcc.gov or by mail to the address below. Parties are encouraged to send standard cassette recordings or CDs in support of their complaints. Recordings should be mailed to: Federal Communications Commission, Enforcement Bureau, Amateur Radio, 1270 Fairfield Road, Gettysburg, PA 17325. Parties desiring further information may call: (717) 338-2577. Willful or Malicious Interference Complaints Section 97.101(d) of the Commission's Rules prohibits amateur operators from willfully or maliciously interfering with or causing interference to any radio communication or signal. 47 C.F.R. 97.101(d). The [18]Spectrum Enforcement Division, in conjunction with the [19]Regional and Field Offices, is responsible for responding to complaints of willful and/or malicious interference (sometimes called ``jamming'') among amateur radio service licensees. Amateur radio service licensees
• http://transition.fcc.gov/eb/AmateurActions/files/Hatha10_09_21_5203.html http://transition.fcc.gov/eb/AmateurActions/files/Hatha10_09_21_5203.pdf
  • is located. Moreover, according to the agents, the push to talk button appeared to be in working order during the inspection. Your operation as described above, and verified by the Commission's field staff, is contrary to the basis and purpose of the amateur radio service as set out in Section 97.1 of the Commission's rules and a violation of Section 97.101(d). Please be advised that the Commission expects you to abide by its rules. This letter serves as notice that, if operation of this type reoccurs after receipt of this letter, you could be subject to severe penalties, including license revocation, monetary forfeiture (fines), or a modification proceeding to restrict the frequencies upon which you may operate. Sincerely, Laura L. Smith
• http://transition.fcc.gov/eb/AmateurActions/files/Visse11_03_22_5257.html http://transition.fcc.gov/eb/AmateurActions/files/Visse11_03_22_5257.pdf
  • immediately. In addition, in your letter to me you further took full responsibility for your actions, admitted to poor judgment and apologized for your part in the incident. Your operation as described above is contrary to the basis and purpose of the amateur radio service as set out in Section 97.1 of the Commission's rules and a violation of Section 97.101(d). Please be advised that the Commission expects you to abide by its rules. This letter serves as notice that, if operation of this type reoccurs after receipt of this letter, you could be subject to severe penalties, including license revocation, monetary forfeiture (fines), or a modification proceeding to restrict the frequencies upon which you may operate. Sincerely, Laura L. Smith
• http://transition.fcc.gov/eb/Orders/2001/da011858.doc http://transition.fcc.gov/eb/Orders/2001/da011858.html
  • Station W3CI ) NAL/Acct. No. 915PA0008 Dresher, Pennsylvania 19025 ) MEMORANDUM OPINION AND ORDER Adopted: August 2, 2001 Released: August 6, 2001 By the Chief, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of $7,500 issued to Kornwell Chan, licensee of amateur radio station W3CI, for apparent violations of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). The noted violations involved failure to operate an amateur radio station in accordance with good amateur practice, willful and malicious interference with radio communications, transmitting music on amateur radio frequencies, and transmitting unidentified communications or signals. On March 10, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1505A1.html
  • NOUGN ) FRN 0006-5376-58 ) Sioux City, Iowa ) FORFEITURE ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Scott E. Kamm, licensee of amateur radio station NOUGN, for willful and repeated violations of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').1 The noted violations involve Mr. Kamm's intentional interference to communications on Amateur Radio Service frequency 146.31 MHz, transmission of music on his amateur station, and failure to identify his amateur station by call sign. 2. On January 24, 2003, 2002, the District Director of the Commission's Kansas City, Missouri Field Office (``Kansas
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2042A1.html
  • Released: July 9, 2004 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Daniel Granda (``Mr. Granda''), licensee of Amateur radio station KA6VHC, for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended (``Act''), and Sections 97.101(b) and 97.101(d) of the Commission's Rules (``Rules'').1 The noted violation involves Mr. Granda's failure to respond to official Commission correspondence and causing intentional interference to Amateur radio communications. 2. On March 31, 2004, the District Director of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2470A1.html
  • 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four hundred dollars ($400) to Ronald E. Sauer (``Sauer''), licensee of Amateur Radio Station WE8E, Bedford Heights, Ohio for his deliberate interference with Canadian amateur radio operations, transmission of music, and failure to transmit his assigned call sign, in willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').1 2. On May 6, 2003, the Commission's Detroit, Michigan Field Office released a Notice of Apparent Liability for Forfeiture (``NAL'').2 The NAL found Sauer in apparent violation of the above Rules, and proposed a $12,000 monetary forfeiture against Sauer ($7,000 for causing interference, $4,000 for transmitting unauthorized material, and $1,000 for failing
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2887A1.html
  • June 6, 2003 petition for reconsideration (``petition'') filed by Scott E. Kamm, licensee of amateur radio station N0UGN, Sioux City, Iowa, to the extent indicated herein. Mr. Kamm seeks reconsideration of a May 7, 2003 Forfeiture Order,1 in which the Enforcement Bureau imposed upon him a monetary forfeiture in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').2 The noted violations involve Mr. Kamm's intentional interference to communications on Amateur Radio Service frequency 146.31 MHz, transmission of music on his amateur station, and failure to identify his amateur station by call sign. 2. In support of his petition, Mr. Kamm offers to immediately withdraw his pending application for renewal of
• http://transition.fcc.gov/eb/Orders/2005/DA-05-3123A1.html
  • court on November 22, 2002, which revoked Gerritsen's probation and lifted the stay on his previously imposed jail sentence was reversed. Gerritsen's underlying conviction was not reversed. See n. 3, supra. 1247 U.S.C. 503(b). 1347 C.F.R. 1.80. 1412 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 1547 U.S.C. 503(b)(2)(D). 16H.R. Rep. No. 101-316, at 13 (1989). Section 97.101(a) of the Commission's Rules (``Rules'') states that ``each amateur station must be operated in accordance with good engineering and good amateur practice.'' 47 C.F.R. 97.101(a). 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.'' 47 C.F.R. 97.101(d). 17U.S. v. Richard, (1998 WL 830654 (E.D.
• http://transition.fcc.gov/eb/Orders/2006/DA-06-663A1.html
  • K1MAN ) ) FORFEITURE ORDER Adopted: March 27, 2006 Released: March 29, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Glenn A. Baxter ("Baxter"), licensee of Amateur Radio Station K1MAN, for willful and repeated violation of Sections 97.101(d) and 97.113(a)(3) of the Commission's Rules ("Rules"), for willful violation of Section 97.105(a) and 97.113(b) of the Rules, and for willful and repeated failure to file required information pursuant to an Enforcement Bureau ("Bureau") directive. The noted violations of the Rules involve interference with the ongoing communications of other Amateur radio stations, failure to exercise station control, transmission of communications
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2185A1.html
  • Amateur Radio Service Station WA9KJI. He filed the above-captioned application to renew the license on July 19, 2006. 3. On September 9, 1998, the Commission's Compliance and Information Bureau (CIB) issued a Notice of Violation ("NOV") to Castle based on a determination that he had willfully and maliciously interfered with radio communications on August 23, 1998, in violation of Sections 97.101(d) and 97.113 of the Commission's Rules. The NOV restricted the hours that Castle could operate. On January 7, 1999, CIB sent Castle a Warning Notice, based on additional evidence that Castle had engaged in harassment, malicious interference, and jamming, in violation of Section 97.101(d). The Warning Notice informed Castle that additional violations could result in enforcement action against his license.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-879A1.html
  • of amateur radio station, call sign KA6VHC, Whittier, California. Mr. Granda seeks reconsideration of a Forfeiture Order in which the Enforcement Bureau ("Bureau") found Mr. Granda liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended ("Act"), and Sections 97.101(b) and 97.101(d) of the Commission's Rules ("Rules"). The noted violations involve Mr. Granda's failure to respond to official Commission correspondence and his intentional interference to amateur radio communications. For the reasons discussed below, we reduce the forfeiture amount to two thousand five hundred dollars ($2,500). II. BACKGROUND 2. In response to complaints of interference from his amateur station, the Bureau
• http://transition.fcc.gov/eb/Orders/da002286.doc http://transition.fcc.gov/eb/Orders/da002286.html http://transition.fcc.gov/eb/Orders/da002286.txt
  • ) Houston, Texas ) ORDER Adopted: October 5, 2000 Released: October 10, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating a forfeiture proceeding against Robert L. Meyers (``Meyers'') concerning operation of an Amateur Radio transmitter in violation of Section 333 of the Communications Act of 1934, as amended (the ``Act''), and Sections 97.101(d) and 97.119(a) of the Commission's Rules (the ``Rules''). Meyers agrees to submit his Amateur Radio license for cancellation and not re-apply for an Amateur license for a period of 5 years. Meyers further agrees to make a voluntary contribution to the U.S. Treasury of $1,000. 2. The Enforcement Bureau assessed an $8,000 forfeiture against Meyers for violation of Section 333
• http://transition.fcc.gov/eb/Orders/da002286cd.doc http://transition.fcc.gov/eb/Orders/da002286cd.html http://transition.fcc.gov/eb/Orders/da002286cd.txt
  • The antenna was not connected to radio equipment and the agents found no other radio equipment in the vehicle at the time. In June 1999, the Houston Field Office issued a Notice of Violation for willful and malicious interference to radio communications in violation of Section 333 of the Communications Act of 1934, as amended (``Act''), for violation of Section 97.101(d) of the Commission's rules (``Rules'') and for transmitting unidentified Amateur radio communications in violation of Section 97.119 of the Rules. Meyers responded and denied the violations. On January 13, 2000, the Commission's Houston Field Office issued Meyers a Notice of Apparent Liability for Forfeiture (``NAL'') finding Meyers apparently liable for a forfeiture in the amount of $8,000 The NAL stated
• http://transition.fcc.gov/eb/Orders/da002843.doc http://transition.fcc.gov/eb/Orders/da002843.txt
  • ) ) NAL Acct. No 915PA0007 Licensee of Amateur Radio Station KB1DTA ) West Concord, Massachusetts ) ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating a forfeiture proceeding against Michael E. Gallagher (''Gallagher'') concerning operation of an Amateur Radio transmitter in violation of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules. 2. The former Compliance and Information Bureau issued a Notice of Apparent Liability to Gallagher in the amount of $7,500 for the rule violations. Gallagher has stated that payment of the $7,500 would cause financial hardship and has submitted financial documentation in support of that claim. Gallagher has submitted his Amateur license
• http://transition.fcc.gov/eb/Orders/da002843cd.doc http://transition.fcc.gov/eb/Orders/da002843cd.txt
  • not identified by call sign. On March 10, 1999 the Commission's Philadelphia District Office issued Gallagher a Notice of Apparent Liability for Forfeiture (``NAL''), finding Gallagher apparently liable for a forfeiture in the amount of $7,500. The NAL found that Gallagher had apparently operated his Amateur Radio station so as to cause willful and malicious interference, in violation of Section 97.101(d) of the Commission's Rules (``Rules''), 47 C.F.R. Section 97.101(d), and transmitted unidentified communications in apparent willful violation of Section 97.119(a) of the Rules, 47 C.F.R. Section 97.119(a). The NAL further stated that Gallagher had apparently failed to operate his Amateur station in accordance with good Amateur practice, in violation of Section 97.101(a) of the Rules, 47 C.F.R. Section 97.101(a), and
• http://transition.fcc.gov/eb/Orders/da00970.doc http://transition.fcc.gov/eb/Orders/da00970.html http://transition.fcc.gov/eb/Orders/da00970.txt
  • May 2, 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against Paul E. Holcombe, licensee of amateur radio station K4TOF, Houston, Texas, for willful violation of Section 333 Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules. The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in the
• http://transition.fcc.gov/eb/Orders/da00977.doc http://transition.fcc.gov/eb/Orders/da00977.html http://transition.fcc.gov/eb/Orders/da00977.txt
  • 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Robert L. Meyers, licensee of amateur radio station N5WLY, Houston, Texas, for willful violation of Section 333 of the Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules (``Rules''). The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in
• http://transition.fcc.gov/eb/Public_Notices/DA-03-1446A1.html
  • District Office (3/27/03). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.403 General Operating Requirements * Mexicana Car and Limousine Services, Jackson Heights, NY. $4,000 NAL. New York, NY (1/2/03). * Church Ave Car Service, Inc., Brooklyn, NY. $4,000 NAL. New York, NY District Office (3/31/03). 47 C.F.R. Part 97 Amateur Radio Services * 47 C.F.R. 97.101 General Standards * Scott E. Kamm, NOUGN, Sioux City, Iowa. $12,000 NAL. Other violations: 47 C.F.R. 97.113 (Prohibited Transmissions ) and 97.119 (Station Identification). Kansas City, MO District Office (1/24/03). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
• http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
  • - Personal Radio Services 47 C.F.R. � 95.411 - (CB Rule 11) May I Use Power Amplifiers? William Jones, Parkesburg PA. Other violations: 47 C.F.R. �� 95.426 ((CB Rule 26) Do I Have To Make My CB Station Available For Inspection?) and 95.603 (Certification Required). Philadelphia, PA District Office (6/23/01). 47 C.F.R. Part 97 -Amateur Radio Service 47 C.F.R. � 97.101 - General Standards Robert J. Kazmierski, WE6M, San Mateo, CA. San Francisco, CA District Office (6/25/01). CITATIONS 47 C.F.R. Part 15 - Radio Frequency Devices 47 C.F.R. � 15.5 - General Conditions of Operation George Gantt, Vancouver, WA. Portland, OR Resident Agent Office (6/8/01). Warren Weimer, Vancouver, WA. Portland, OR Resident Agent Office (6/14/01). ^ _ � � $ $
• http://wireless.fcc.gov/services/index.htm?job=about_1&id=amateur
  • message directed only to amateur operators and consists solely of subject matter of direct interest to the amateur service. The control operator of the station transmitting an information bulletin is responsible for determining that the subject matter is of direct interest to the amateur service. Q: Does an amateur station transmitting information bulletins have to share the channel? Yes. [67]Section 97.101 provides that each station licensee and each control operator must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. A specific transmitting channel is not assigned for the exclusive use of any amateur station. [68]Section 97.101 also provides that no amateur operator shall cause interference to any radio communication or signal. There
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000970.doc
  • May 2, 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against Paul E. Holcombe, licensee of amateur radio station K4TOF, Houston, Texas, for willful violation of Section 333 Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules. The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in the
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000977.doc
  • 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Robert L. Meyers, licensee of amateur radio station N5WLY, Houston, Texas, for willful violation of Section 333 of the Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules (``Rules''). The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992654.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992654.txt
  • shared and no frequency will be assigned for the exclusive use of any station. Voluntary band planning within the amateur service community, by licensees and representatives of licensees who have a vested interest in ensuring fair and effective use of amateur service frequencies, is a method that the amateur service community has long used to meet the requirement of Section 97.101 that each licensee and control operator make the most effective use of the amateur service frequencies. It allows the amateur service community to accommodate the varied operating interests of licensees and the specific operating activities that a station or group of stations wishes to engage in without explicit regulation. Voluntary band planning also allows the amateur service community the flexibility
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001099.doc
  • to the retransmission of a broadcast station and failing to provide station identification. The known facts are as follows: Mr. Thompson's transmissions on October 18, 1998, constituted willful or malicious interference to the transmissions of other amateur radio stations, in apparent violation of Section 333 of the Communications Act of 1934, as amended (Act), 47 U.S.C. � 333, and Section 97.101(d), Section 97.113(e) and Section 97.119(a) of the Commission's Rules, 47 C.F.R. �� 97.101(d), 97.113(e) and 97.119(a); Mr. Thompson's transmissions on October 18, 1998, were unidentified, in apparent violation of Section 97.119(a) of the Commission's Rules, 47 C.F.R. � 97.119(a); Mr. Thompson's transmission on October 18, 1998, included music, in apparent violation of Section 97.113(a)(4) of the Commission's Rules, 47 C.F.R.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd001010.html
  • its. Action by: Chief, Enforcement Bureau. Adopted: 10/05/2000 by Forfeiture Order. (DA No. 00-2289). ENF [86]DA-00-2289A1.pdf [87]DA-00-2289A1.doc [88]DA-00-2289A1.txt ROBERT L. MEYERS/LICENSEE OF AMATEUR RADIO. Adopted a Consent Decree terminating a forfeiture proceeding against Robert L. Meyers concerning operation of an Amateur Radio transmitter in violation of Section 333 of the Communications Act of 1934, as amended (the "Act"), and Sections 97.101(d) and. Action by: Chief, Enforcement Bureau. Adopted: 10/05/2000 by ORDER. (DA No. 00-2286). ENF [89]DA-00-2286A1.pdf [90]DA-00-2286A1.doc [91]DA-00-2286A1.txt ASSESSMENT AND COLLECTION OF REGULATORY FEES FOR FISCAL YEAR 1999. (Dkt No. 98-200). Action by: The Commission. Adopted: 09/21/2000 by MO&OR. (FCC No. 00-352). OMD. Contact Donna Viert [92]FCC-00-352A1.pdf [93]FCC-00-352A1.doc [94]FCC-00-352A1.txt THE DEVELOPMENT OF OPERATIONAL, TECHNICAL AND SPECTRUM REQUIREMENTS FOR MEETING FEDERAL,. State
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd001220.html
  • and repeated violations of section 310(d) of the Communications Act and section 73.3540 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 12/18/2000 by Forfeiture Order. (DA No. 00-2844). ENF [87]DA-00-2844A1.pdf [88]DA-00-2844A1.doc [89]DA-00-2844A1.txt MICHAEL E. GALLAGHER. Adopted a Consent Decree terminating a forfeiture proceeding against Michael E. Gallagher concerning operation of an Amateur Radio transmitter in violation of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 12/18/2000 by ORDER. (DA No. 00-2843). ENF [90]DA-00-2843A1.pdf [91]DA-00-2843A1.doc [92]DA-00-2843A1.txt LORAL CYBERSTAR, INC.. Granted Applications of Loral Cyberstar, Inc. to construct, launch and operate one satellite at the 67 Degrees W.L. orbit and one satellite at the 126.5 Degrees E.L. orbit location. Action by: Chief, International
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010806.html
  • --- ECHOSTAR SATELLITE CORPORATION V. YOUNG BROADCASTING, INC.. Denied Echostar's retransmission consent complaint against Young Broadcasting, Inc.. Granted EchoStar's Request for Confidential Treatment. Action by: Chief, Cable Services Bureau. Adopted: 08/02/2001 by MO&O. (DA No. 01-1865). CSB [19]DA-01-1865A1.doc [20]DA-01-1865A1.pdf [21]DA-01-1865A1.txt KORNWELL CHAN. Canceled proposed $7,500 forfeiture issued to Kornwell Chan, licensee of amateur radio station W3CI, for violations of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 08/02/2001 by MO&O. (DA No. 01-1858). EB [22]DA-01-1858A1.doc [23]DA-01-1858A1.pdf [24]DA-01-1858A1.txt ESTABLISHMENT OF A CLASS A TELEVISION SERVICE. Denied requests to extend time, filed by International Broadcasting Network, Robert E. Kelly and Third Coast Broadcasting. Action by: Chief, Mass Media Bureau. Adopted: 08/02/2001 by ORDER. (DA No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060329.html
  • [35]DOC-264541A1.pdf [36]DOC-264541A1.txt Report No: 2452A Released: 03/29/2006. WIRELESS TELECOMMUNICATIONS BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, DE FACTO TRANSFER LEASE APPLICATIONS AND SPECTRUM MANAGER LEASE NOTIFICATIONS ACTION. WTB [37]DOC-264542A1.pdf [38]DOC-264542A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- GLENN A. BAXTER. Issued a monetary forfeiture in the amount of $21,000 to Glenn A. Baxter, for violation of Sections 97.101(d), 97.113(a)(3), 97.105(a) and 97.113(b) of the Commission Rules, and for failure to file required information pursuant to a Bureau directive. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 03/27/2006 by Forfeiture Order. (DA No. 06-663). EB [39]DA-06-663A1.doc [40]DA-06-663A1.pdf [41]DA-06-663A1.txt KLFY, L.P., LAFAYETTE, LA. Notified KLFY, L.P. of its Apparent Liability for Forfeiture in the amount of $10,000 for its
• http://www.fcc.gov/eb/AmaCmpl.html
  • be sent via e-mail to [17]fccham@fcc.gov or by mail to the address below. Parties are encouraged to send standard cassette recordings or CDs in support of their complaints. Recordings should be mailed to: Federal Communications Commission, Enforcement Bureau, Amateur Radio, 1270 Fairfield Road, Gettysburg, PA 17325. Parties desiring further information may call: (717) 338-2577. Willful or Malicious Interference Complaints Section 97.101(d) of the Commission's Rules prohibits amateur operators from willfully or maliciously interfering with or causing interference to any radio communication or signal. 47 C.F.R. 97.101(d). The [18]Spectrum Enforcement Division, in conjunction with the [19]Regional and Field Offices, is responsible for responding to complaints of willful and/or malicious interference (sometimes called ``jamming'') among amateur radio service licensees. Amateur radio service licensees
• http://www.fcc.gov/eb/AmateurActions/files/Hatha10_09_21_5203.html http://www.fcc.gov/eb/AmateurActions/files/Hatha10_09_21_5203.pdf
  • is located. Moreover, according to the agents, the push to talk button appeared to be in working order during the inspection. Your operation as described above, and verified by the Commission's field staff, is contrary to the basis and purpose of the amateur radio service as set out in Section 97.1 of the Commission's rules and a violation of Section 97.101(d). Please be advised that the Commission expects you to abide by its rules. This letter serves as notice that, if operation of this type reoccurs after receipt of this letter, you could be subject to severe penalties, including license revocation, monetary forfeiture (fines), or a modification proceeding to restrict the frequencies upon which you may operate. Sincerely, Laura L. Smith
• http://www.fcc.gov/eb/AmateurActions/files/Visse11_03_22_5257.html http://www.fcc.gov/eb/AmateurActions/files/Visse11_03_22_5257.pdf
  • immediately. In addition, in your letter to me you further took full responsibility for your actions, admitted to poor judgment and apologized for your part in the incident. Your operation as described above is contrary to the basis and purpose of the amateur radio service as set out in Section 97.1 of the Commission's rules and a violation of Section 97.101(d). Please be advised that the Commission expects you to abide by its rules. This letter serves as notice that, if operation of this type reoccurs after receipt of this letter, you could be subject to severe penalties, including license revocation, monetary forfeiture (fines), or a modification proceeding to restrict the frequencies upon which you may operate. Sincerely, Laura L. Smith
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237597A1.html
  • of 1934, as amended (the ``Communications Act''),1 and Section 1.80 of the Commission's Rules,2 against Robert L. Meyers (``Meyers''), licensee of Amateur Radio Station N5WLY, Houston, Texas. We find that Meyers operated his Amateur Radio station so as to willfully and maliciously cause interference to radio communications in apparent willful violation of Section 333 of the Communications Act3 and Section 97.101(d) of the Commission's Rules,4 and transmitted unidentified communications in apparent willful violation of Section 97.119(a) of the Commission's Rules.5 For the reasons discussed below, we conclude that Meyers is apparently liable for a forfeiture in the amount of $8000. II. BACKGROUND 2. From 1993 through 1999, the Commission's Houston Office received complaints of alleged intentional interference to users of the
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237600A1.html
  • of 1934, as amended (the ``Communications Act''),1 and Section 1.80 of the Commission's Rules,2 against Paul E. Holcombe (``Holcombe''), licensee of Amateur Radio Station K4TOF, Houston, Texas. We find that Holcombe operated his Amateur Radio station so as to willfully and maliciously cause interference to radio communications in apparent willful violation of Section 333 of the Communications Act3 and Section 97.101(d) of the Commission's Rules,4 and transmitted unidentified communications in apparent willful violation of Section 97.119(a) of the Commission's Rules.5 For the reasons discussed below, we conclude that Holcombe is apparently liable for a forfeiture in the amount of $8000. II. BACKGROUND 2. From 1993 through 1999, the Commission's Houston Office received complaints of alleged intentional interference to users of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-237767A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 24, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Scott E. Kamm, licensee of amateur radio station N0UGN, apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000) for willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').1 Specifically, we find Mr. Kamm apparently liable for causing intentional interference, broadcasting music and failing to identify with his station call sign. II. BACKGROUND 2. On December 9, 2002, in response to complaints of continuing interference on Amateur Radio Service frequency 146.31 MHz, an agent of the Commission's Kansas City Field Office
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-237825A1.html
  • NAL/Acct. No. 200332360006 Bedford Heights, Ohio ) ) FRN: 0008-9043-36 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 6, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ronald E. Sauer, (``Sauer''), licensee of amateur radio station WE8E, Bedford Heights, Ohio, has apparently violated Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'')1. Respectively, these sections require that no amateur operator shall willfully or maliciously interfere with or cause interference to any radio communications or signal; no amateur station shall transmit music; and each amateur station must transmit its assigned call sign. We conclude that Sauer is apparently liable for a forfeiture in the amount
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-246121A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 31, 2004 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Daniel Granda, licensee of Amateur radio station KA6VHC, has willfully and repeatedly violated Sections 308(b) and 333 of the Communications Act of 1934, as amended and Sections 97.101(b) and 97.101(d) of the Commission's Rules.1 Specifically, we find Mr. Granda apparently liable for failure to respond to official Commission correspondence and causing intentional interference to Amateur radio communications. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Daniel Granda is apparently liable for a forfeiture in the amount of eleven thousand dollars
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-255042A1.html
  • for Section 333 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.''21 Section 97.101(a) of the Commission's Rules (``Rules'') states that ``each amateur station must be operated in accordance with good engineering and good amateur practice.''22 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.''23 One hallmark of willful and malicious interference in the amateur radio service is
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-256484A1.html
  • or signal of distress, and, except when engaged in answering or aiding the ship in distress, shall refrain from sending any radio communications or signals until there is assurance that no interference will be caused with the radio communications or signals relating thereto, and shall assist the vessel in distress, so far as possible, by complying with its instructions.''9 Section 97.101(c) of the Commission's Rules, concerning amateur operations, states that ``[a]t all times and on all frequencies, each control operator must give propriety to stations providing emergency communications . . . .''10 10. On October 29, 2004, a Coast Guard Auxiliary Officer attempted to contact a damaged vessel in distress near Catalina Island. Because the VHF marine radio on the damaged
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-259301A1.html
  • Forfeiture (``NAL''), pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''),1we find Glenn A. Baxter, licensee of Amateur Radio Station K1MAN, apparently liable for a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000). We conclude that Mr. Baxter apparently willfully and repeatedly interfered with ongoing communications of other stations in violation of Section 97.101(d) of the Commission's Rules (the ``Rules'')2. We further conclude that Mr. Baxter apparently willfully and repeatedly transmitted communications in which he had a pecuniary interest in violation of Section 97.113(a)(3) of the Rules. We find that Mr. Baxter apparently willfully and repeatedly failed to file requested information pursuant to an Enforcement Bureau (``Bureau'') directive. We further find that Mr. Baxter
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-263649A1.html
  • or signal of distress, and, except when engaged in answering or aiding the ship in distress, shall refrain from sending any radio communications or signals until there is assurance that no interference will be caused with the radio communications or signals relating thereto, and shall assist the vessel in distress, so far as possible, by complying with its instructions.''9 Section 97.101(c) of the Commission's Rules, concerning amateur operations, states that ``[a]t all times and on all frequencies, each control operator must give propriety to stations providing emergency communications . . . .''10 10. On October 29, 2004, a Coast Guard Auxiliary Officer attempted to contact a damaged vessel in distress near Catalina Island. Because the VHF marine radio on the damaged
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-295354A1.html
  • of the transmissions from the station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to that station." On November 19, 2009 between 7:00 p.m. and 8:15 p.m., John Melcer made numerous unidentified transmissions on the frequency 146.025 MHz. b. 47 C.F.R. S: 97.101(d): "No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communications or signal." The transmissions from John Melcer's station caused harmful interference to communications in progress on the 146.625 MHz/146.025 MHz repeater (Call Sign WA3VRD). c. 47 C.F.R. S: 97.113(b): "An amateur station shall not engage in any form of broadcasting, nor may an amateur
• http://www.fcc.gov/eb/Orders/2001/da011858.doc http://www.fcc.gov/eb/Orders/2001/da011858.html
  • Station W3CI ) NAL/Acct. No. 915PA0008 Dresher, Pennsylvania 19025 ) MEMORANDUM OPINION AND ORDER Adopted: August 2, 2001 Released: August 6, 2001 By the Chief, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of $7,500 issued to Kornwell Chan, licensee of amateur radio station W3CI, for apparent violations of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules''). The noted violations involved failure to operate an amateur radio station in accordance with good amateur practice, willful and malicious interference with radio communications, transmitting music on amateur radio frequencies, and transmitting unidentified communications or signals. On March 10, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent
• http://www.fcc.gov/eb/Orders/2003/DA-03-1505A1.html
  • NOUGN ) FRN 0006-5376-58 ) Sioux City, Iowa ) FORFEITURE ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Scott E. Kamm, licensee of amateur radio station NOUGN, for willful and repeated violations of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').1 The noted violations involve Mr. Kamm's intentional interference to communications on Amateur Radio Service frequency 146.31 MHz, transmission of music on his amateur station, and failure to identify his amateur station by call sign. 2. On January 24, 2003, 2002, the District Director of the Commission's Kansas City, Missouri Field Office (``Kansas
• http://www.fcc.gov/eb/Orders/2004/DA-04-2042A1.html
  • Released: July 9, 2004 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Daniel Granda (``Mr. Granda''), licensee of Amateur radio station KA6VHC, for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended (``Act''), and Sections 97.101(b) and 97.101(d) of the Commission's Rules (``Rules'').1 The noted violation involves Mr. Granda's failure to respond to official Commission correspondence and causing intentional interference to Amateur radio communications. 2. On March 31, 2004, the District Director of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of
• http://www.fcc.gov/eb/Orders/2004/DA-04-2470A1.html
  • 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four hundred dollars ($400) to Ronald E. Sauer (``Sauer''), licensee of Amateur Radio Station WE8E, Bedford Heights, Ohio for his deliberate interference with Canadian amateur radio operations, transmission of music, and failure to transmit his assigned call sign, in willful and repeated violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').1 2. On May 6, 2003, the Commission's Detroit, Michigan Field Office released a Notice of Apparent Liability for Forfeiture (``NAL'').2 The NAL found Sauer in apparent violation of the above Rules, and proposed a $12,000 monetary forfeiture against Sauer ($7,000 for causing interference, $4,000 for transmitting unauthorized material, and $1,000 for failing
• http://www.fcc.gov/eb/Orders/2004/DA-04-2887A1.html
  • June 6, 2003 petition for reconsideration (``petition'') filed by Scott E. Kamm, licensee of amateur radio station N0UGN, Sioux City, Iowa, to the extent indicated herein. Mr. Kamm seeks reconsideration of a May 7, 2003 Forfeiture Order,1 in which the Enforcement Bureau imposed upon him a monetary forfeiture in the amount of twelve thousand dollars ($12,000) for willfully violating Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules (``Rules'').2 The noted violations involve Mr. Kamm's intentional interference to communications on Amateur Radio Service frequency 146.31 MHz, transmission of music on his amateur station, and failure to identify his amateur station by call sign. 2. In support of his petition, Mr. Kamm offers to immediately withdraw his pending application for renewal of
• http://www.fcc.gov/eb/Orders/2005/DA-05-3123A1.html
  • court on November 22, 2002, which revoked Gerritsen's probation and lifted the stay on his previously imposed jail sentence was reversed. Gerritsen's underlying conviction was not reversed. See n. 3, supra. 1247 U.S.C. 503(b). 1347 C.F.R. 1.80. 1412 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 1547 U.S.C. 503(b)(2)(D). 16H.R. Rep. No. 101-316, at 13 (1989). Section 97.101(a) of the Commission's Rules (``Rules'') states that ``each amateur station must be operated in accordance with good engineering and good amateur practice.'' 47 C.F.R. 97.101(a). 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.'' 47 C.F.R. 97.101(d). 17U.S. v. Richard, (1998 WL 830654 (E.D.
• http://www.fcc.gov/eb/Orders/2006/DA-06-663A1.html
  • K1MAN ) ) FORFEITURE ORDER Adopted: March 27, 2006 Released: March 29, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty-one thousand dollars ($21,000) to Glenn A. Baxter ("Baxter"), licensee of Amateur Radio Station K1MAN, for willful and repeated violation of Sections 97.101(d) and 97.113(a)(3) of the Commission's Rules ("Rules"), for willful violation of Section 97.105(a) and 97.113(b) of the Rules, and for willful and repeated failure to file required information pursuant to an Enforcement Bureau ("Bureau") directive. The noted violations of the Rules involve interference with the ongoing communications of other Amateur radio stations, failure to exercise station control, transmission of communications
• http://www.fcc.gov/eb/Orders/2007/DA-07-2185A1.html
  • Amateur Radio Service Station WA9KJI. He filed the above-captioned application to renew the license on July 19, 2006. 3. On September 9, 1998, the Commission's Compliance and Information Bureau (CIB) issued a Notice of Violation ("NOV") to Castle based on a determination that he had willfully and maliciously interfered with radio communications on August 23, 1998, in violation of Sections 97.101(d) and 97.113 of the Commission's Rules. The NOV restricted the hours that Castle could operate. On January 7, 1999, CIB sent Castle a Warning Notice, based on additional evidence that Castle had engaged in harassment, malicious interference, and jamming, in violation of Section 97.101(d). The Warning Notice informed Castle that additional violations could result in enforcement action against his license.
• http://www.fcc.gov/eb/Orders/2007/DA-07-879A1.html
  • of amateur radio station, call sign KA6VHC, Whittier, California. Mr. Granda seeks reconsideration of a Forfeiture Order in which the Enforcement Bureau ("Bureau") found Mr. Granda liable for a monetary forfeiture in the amount of eleven thousand dollars ($11,000) for willful and repeated violation of Sections 308(b) and 333 of the Communications Act of 1934, as amended ("Act"), and Sections 97.101(b) and 97.101(d) of the Commission's Rules ("Rules"). The noted violations involve Mr. Granda's failure to respond to official Commission correspondence and his intentional interference to amateur radio communications. For the reasons discussed below, we reduce the forfeiture amount to two thousand five hundred dollars ($2,500). II. BACKGROUND 2. In response to complaints of interference from his amateur station, the Bureau
• http://www.fcc.gov/eb/Orders/da002286.doc http://www.fcc.gov/eb/Orders/da002286.html http://www.fcc.gov/eb/Orders/da002286.txt
  • ) Houston, Texas ) ORDER Adopted: October 5, 2000 Released: October 10, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating a forfeiture proceeding against Robert L. Meyers (``Meyers'') concerning operation of an Amateur Radio transmitter in violation of Section 333 of the Communications Act of 1934, as amended (the ``Act''), and Sections 97.101(d) and 97.119(a) of the Commission's Rules (the ``Rules''). Meyers agrees to submit his Amateur Radio license for cancellation and not re-apply for an Amateur license for a period of 5 years. Meyers further agrees to make a voluntary contribution to the U.S. Treasury of $1,000. 2. The Enforcement Bureau assessed an $8,000 forfeiture against Meyers for violation of Section 333
• http://www.fcc.gov/eb/Orders/da002286cd.doc http://www.fcc.gov/eb/Orders/da002286cd.html http://www.fcc.gov/eb/Orders/da002286cd.txt
  • The antenna was not connected to radio equipment and the agents found no other radio equipment in the vehicle at the time. In June 1999, the Houston Field Office issued a Notice of Violation for willful and malicious interference to radio communications in violation of Section 333 of the Communications Act of 1934, as amended (``Act''), for violation of Section 97.101(d) of the Commission's rules (``Rules'') and for transmitting unidentified Amateur radio communications in violation of Section 97.119 of the Rules. Meyers responded and denied the violations. On January 13, 2000, the Commission's Houston Field Office issued Meyers a Notice of Apparent Liability for Forfeiture (``NAL'') finding Meyers apparently liable for a forfeiture in the amount of $8,000 The NAL stated
• http://www.fcc.gov/eb/Orders/da002843.doc http://www.fcc.gov/eb/Orders/da002843.txt
  • ) ) NAL Acct. No 915PA0007 Licensee of Amateur Radio Station KB1DTA ) West Concord, Massachusetts ) ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating a forfeiture proceeding against Michael E. Gallagher (''Gallagher'') concerning operation of an Amateur Radio transmitter in violation of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules. 2. The former Compliance and Information Bureau issued a Notice of Apparent Liability to Gallagher in the amount of $7,500 for the rule violations. Gallagher has stated that payment of the $7,500 would cause financial hardship and has submitted financial documentation in support of that claim. Gallagher has submitted his Amateur license
• http://www.fcc.gov/eb/Orders/da002843cd.doc http://www.fcc.gov/eb/Orders/da002843cd.txt
  • not identified by call sign. On March 10, 1999 the Commission's Philadelphia District Office issued Gallagher a Notice of Apparent Liability for Forfeiture (``NAL''), finding Gallagher apparently liable for a forfeiture in the amount of $7,500. The NAL found that Gallagher had apparently operated his Amateur Radio station so as to cause willful and malicious interference, in violation of Section 97.101(d) of the Commission's Rules (``Rules''), 47 C.F.R. Section 97.101(d), and transmitted unidentified communications in apparent willful violation of Section 97.119(a) of the Rules, 47 C.F.R. Section 97.119(a). The NAL further stated that Gallagher had apparently failed to operate his Amateur station in accordance with good Amateur practice, in violation of Section 97.101(a) of the Rules, 47 C.F.R. Section 97.101(a), and
• http://www.fcc.gov/eb/Orders/da00970.doc http://www.fcc.gov/eb/Orders/da00970.html http://www.fcc.gov/eb/Orders/da00970.txt
  • May 2, 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) against Paul E. Holcombe, licensee of amateur radio station K4TOF, Houston, Texas, for willful violation of Section 333 Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules. The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in the
• http://www.fcc.gov/eb/Orders/da00977.doc http://www.fcc.gov/eb/Orders/da00977.html http://www.fcc.gov/eb/Orders/da00977.txt
  • 2000 Released: May 3, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Robert L. Meyers, licensee of amateur radio station N5WLY, Houston, Texas, for willful violation of Section 333 of the Communications Act of 1934, as amended (``the Act''), and Sections 97.101(d) and 97.119 of the Commission's Rules (``Rules''). The noted violations involve the operation of an amateur radio station so as to willfully or maliciously cause interference to radio communications and the transmission of unidentified amateur radio communications. On January 13, 2000, the Commission's Resident Agent Office in Houston, Texas, issued a Notice of Apparent Liability (``NAL'') for a forfeiture in
• http://www.fcc.gov/eb/Public_Notices/DA-03-1446A1.html
  • District Office (3/27/03). 47 C.F.R. Part 90 Private Land Mobile Radio Services * 47 C.F.R. 90.403 General Operating Requirements * Mexicana Car and Limousine Services, Jackson Heights, NY. $4,000 NAL. New York, NY (1/2/03). * Church Ave Car Service, Inc., Brooklyn, NY. $4,000 NAL. New York, NY District Office (3/31/03). 47 C.F.R. Part 97 Amateur Radio Services * 47 C.F.R. 97.101 General Standards * Scott E. Kamm, NOUGN, Sioux City, Iowa. $12,000 NAL. Other violations: 47 C.F.R. 97.113 (Prohibited Transmissions ) and 97.119 (Station Identification). Kansas City, MO District Office (1/24/03). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1446A1.doc 3. http://www.fcc.gov/ 4. ftp://ftp.fcc.gov/
• http://www.fcc.gov/eb/Public_Notices/da011756.doc http://www.fcc.gov/eb/Public_Notices/da011756.html
  • - Personal Radio Services 47 C.F.R. � 95.411 - (CB Rule 11) May I Use Power Amplifiers? William Jones, Parkesburg PA. Other violations: 47 C.F.R. �� 95.426 ((CB Rule 26) Do I Have To Make My CB Station Available For Inspection?) and 95.603 (Certification Required). Philadelphia, PA District Office (6/23/01). 47 C.F.R. Part 97 -Amateur Radio Service 47 C.F.R. � 97.101 - General Standards Robert J. Kazmierski, WE6M, San Mateo, CA. San Francisco, CA District Office (6/25/01). CITATIONS 47 C.F.R. Part 15 - Radio Frequency Devices 47 C.F.R. � 15.5 - General Conditions of Operation George Gantt, Vancouver, WA. Portland, OR Resident Agent Office (6/8/01). Warren Weimer, Vancouver, WA. Portland, OR Resident Agent Office (6/14/01). ^ _ � � $ $