"Leland C. Scott" wrote in message
...
The FCC is still out there and still looking.
--------------------------------------------------------------------------
You forgot all the rest Leland..................
April 26, 2004
Mr. Steve L. Wingate
168 Lakeside Drive
Corte Madera, CA 94925-1052
RE Warning Notice: Amateur Radio license AE6QD
Case #EB-2004-2548
Dear Mr. Wingate:
Monitoring information before the Commission indicates that you have been
deliberately interfering with ongoing communications on 75 meters at various
times this month. The interference consists of jamming, making threats to
other operators and to law enforcement officers, and broadcasts in which you
appear incoherent.
Continued incidents of such interference will subject you to revocation and
suspension proceedings, as well as a monetary forfeiture (fine). Fines
normally range from $7,500 to $10,000.
We note that you hold a pilot's license. This matter is also being referred
to the Federal Aviation Administration.
CC: FCC Western Regional Director
----------------------------------------------------------------------------
----
April 27, 2004
Mr. Daniel F. Barrett
P. O. Box 2204
Kings Mountain, NC 28086
RE Renewal Application of Amateur Technician Plus License KE4NOK
File No. 0001710976
Dear Mr. Barrett:
The Wireless Telecommunications Bureau has referred the above renewal
application, filed on April 16, 2004, to the Enforcement Bureau for review.
That action was based on information coming to the Commission's attention
that you have used your station to interfere with various repeater
operations in North Carolina on 145.350, 145.450 and 147.120 MHz, have
ignored requests of repeater control operators to refrain from using their
repeaters, and ignored the Commission Warning letter dated December 24, 2003
regarding use of and interference to the repeaters. Apparently your use of,
and interference to, these repeaters continues.
In view of the above, your renewal application will not be routinely
granted. The Commission may need additional information from you in order to
determine your qualifications to be remain a Commission license, and it may
be necessary to designate your application for an evidentiary hearing before
an Administrative Law Judge. In such a proceeding you would be required to
appear at a hearing in Washington, DC, and would have the burden of proof to
show that you were qualified to retain your license. You will be contacted
by the Enforcement Bureau shortly.
CC: FCC South Central Regional Director
----------------------------------------------------------------------------
----
April 27, 2004
James Brown Trucking Company
6908 Chapman Road
Lithonia, GA 30058-5246
Subject: Warning Notice--Unlicensed Radio Operation
Case #EB-2004-2549
Dear Sir:
Information before the Commission indicates that your vehicle bearing
Georgia license plate C-125217 was the source of radio transmissions on the
Ten Meter Amateur Radio Band (28.085 MHz) on March 19, 2004 on Interstate
85N at the Belmont Abbey Exit in North Carolina. Operation on the 10-meter
band requires a license from the FCC.
While many truckers use Citizens band radio equipment, please be advised
that operation of radio transmitting equipment without a license is a
violation of Section 301 of the Communications Act of 1934, as amended, 47
U.S.C. Section 301, and will subject the operator to fine or imprisonment,
as well as an in rem seizure of any non-certified radio transmitting
equipment, in cooperation with the United States Attorney for your
jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Region
----------------------------------------------------------------------------
----
April 26, 2004
Mr. David A. Smith
530 Hollywood Drive
Monroe, MI 48162-2943
Warning Notice: Amateur Radio license W8YZ
Case #EB-2003-367
Dear Mr. Smith:
Monitoring information before the Commission indicates that you were
deliberately interfering with ongoing communications on 3.960 MHz on March
9, 19, 30, and April 7, 15 and 20, 2004. Some incidents of the interference
continued when you moved to an adjacent frequency, close enough to cause
harmful interference to 3.960 MHz, and apparent did so deliberately.
Recordings are available if you wish to review them.
Continued incidents of such interference will subject you to revocation and
suspension proceedings, as well as a monetary forfeiture (fine). Fines
normally range from $7,500 to $10,000.
CC: FCC Northeastern Regional Director
----------------------------------------------------------------------------
----
April 27, 2004
Waggoners Trucking
1501 S. E. 15th Street
Oklahoma City, OK 73129
Subject: Warning Notice--Unlicensed Radio Operation
Case #EB-2004-2550
Dear Sir:
Information before the Commission indicates that your vehicle bearing
Oklahoma license plate 2BC423 was the source of radio transmissions on the
Ten Meter Amateur Radio Band (28.085 MHz) on March 21, 2004 on Interstate
85S at Exit 98 between Blacksburg and Gaffney, SC. Operation on the 10-meter
band requires a license from the FCC.
While many truckers use Citizens band radio equipment, please be advised
that operation of radio transmitting equipment without a license is a
violation of Section 301 of the Communications Act of 1934, as amended, 47
U.S.C. Section 301, and will subject the operator to fine or imprisonment,
as well as an in rem seizure of any non-certified radio transmitting
equipment, in cooperation with the United States Attorney for your
jurisdiction. Monetary forfeitures normally range from $7,500 to $10,000.
You are requested to contact me at 717-338-2502 to discuss this matter.
CC: FCC South Central Region
----------------------------------------------------------------------------
----
April 27, 2004
Mr. James D. Bell
7214 Corregidor
Vancouver, WA 98664
Amateur Radio license N7IJS
Case Number EB-2004-2518
Dear Mr. Bell:
On February 17, 2004, we wrote you enclosing an opinion from the Ninth
Circuit of the United States Court of Appeals, dated September 19, 2002.
That opinion upheld the conviction and ten year sentence of a James Dalton
Bell for interstate stalking and using the facilities of interstate commerce
for interstate stalking, in violation of 18 U.S.C. Sections 2261A and 2261A
(2) (B) (i).
Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C.
Section 308(b), gives the Commission the authority to obtain information
from applicants and licensees regarding the operation of their station and
their qualifications to retain a Commission license. Accordingly, you were
requested to respond to the February 17 letter within 20 days indicating
whether you were the same James D. Bell as reflected in the Court of Appeals
Opinion enclosed. The February 17 letter stated that if you were, the
criminal conviction may reflect adversely upon your qualifications to hold
an Amateur license and an administrative hearing may be designated to take
evidence on that issue.
Finally, our letter stated that if you are the same James D. Bell, you may
wish to provide additional information on the convictions, for consideration
by the Commission; or you may wish to voluntarily submit your license for
cancellation in order to avoid a hearing on the issue. We asked that you
indicate your preference in your response.
In your responses dated March 10 and 24, 2004, you disputed our authority to
obtain the information requested, and threatened to sue the Commission
claiming that our letter was in retaliation for a lawsuit you had filed. In
fact, we unaware of any such lawsuit, and any lawsuit you choose to file,
and any defendants you choose to name, is a matter entirely up to you.
The information we sought is relevant to your qualifications to retain your
Amateur license. You should be aware that in 1990, the Commission revised
its character qualifications policy, expanding the types of non-FCC-related
misconduct that it would consider as bearing on licensee or applicant
character qualifications (Policy Regarding Character Qualifications in
Broadcast Licensing, Policy Statement and Order, 5 FCC RCD 3252 (1990)
(Character Policy Statement), recon. granted in part, denied in part, 6 FCC
Rcd 3448 (1991), further recon. granted, 7 FCC Rcd 6564 (1992). The
Commission concluded that "a propensity to comply with the law generally is
relevant to the Commission's public interest analysis, and that an
applicant's or licensee's willingness to violate other laws, and, in
particular, to commit felonies, also bears on our confidence that an
applicant or licensee will conform to FCC rules and policies.
The 1990 Character Policy Statement applies to Amateur Radio licensees just
as it does to all other FCC licensees ( See, e.g., Herbert L. Schoenbohm,
Decision, 13 FCC Rcd 15028 (1998), recon. denied, 13 FCC Rcd 23774 (1998),
aff'd in part, dismissed in part sub nom. Schoenbohm v. FCC, 204 F.3d 243
(2000), cert. denied, 121 S. Ct. 405 (2000); Leslie D. Brewer, Order to Show
Cause, Notice of Order of Suspension, Notice of Opportunity for Hearing, and
Notice of Apparent Liability for a Forfeiture, 16 FCC Rcd 5671, licenses
revoked, 16 FCC Rcd 12878 (2001).
For your convenience we are enclosing the April 23, 2004, revocation order
in the case of Roger Thomas Scaggs, W5EBC. Additionally, we have reviewed
your legal analysis outlined in your letters referenced above, and suggest
that you may wish to retain counsel to assist you in submitting any future
ones.
Enclosu 4 pages
CC: FCC Western Regional Director
----------------------------------------------------------------------------
----
Yucaipa, CA: Pursuant to an audit of a January 16, 1999, W5YI-VEC Amateur
Radio examination session, the FCC has issued retesting orders to 10
Technician class licensees in North Hills, Northridge, Van Nuys, Palmdale
and San Diego, California.
----------------------------------------------------------------------------
----
Page last modified: 08:08 AM, 18 May 2004 ET
Page author:
Copyright © 2004, American Radio Relay League, Inc. All Rights Reserved.