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Old October 4th 19, 04:43 PM posted to rec.radio.amateur.moderated,rec.radio.amateur.policy,rec.radio.info
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Default FCC Daily Digest 2019-10-04


(Moderator's Note: Only FCC Part 97 Amateur Radio related actions are shown below.)

________________________________
[fcclogo]
Daily Digest
Federal Communications Commission
445 12th St., SW
Washington, D.C. 20554

Vol. 38 No. 438
News media information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322


October 4, 2019
________________________________
* * * * *


[...]

HAROLD GURETZKY, LICENSEE OF AMATEUR STATION K6DPZ, RICHMOND HILL, NEW YORK. EB proposes a $17,000 monetary forfeiture against Harold Guretzky, Richmond Hill, New York, for causing intentional interference on amateur radio frequencies, in apparent violation of section 333 of the Communications Act. Action by: Regional Director, Region One, Enforcement Bureau. Adopted: 2019-10-03 by NAL. (DA No. 19-989). EB. DA-19-989A1.dochttps://docs.fcc.gov/public/attachments/DA-19-989A1.doc DA-19-989A1.pdfhttps://docs.fcc.gov/public/attachments/DA-19-989A1.pdf DA-19-989A1.txthttps://docs.fcc.gov/public/attachments/DA-19-989A1.txt

(Moderator's Note:

Amateur or Part 97 match found in contents linked at URL:

) NAL/Acct. No.: 201932010005
Licensee of Amateur Station K6DPZ ) FRN: 0002000503
Richmond Hill, New York )

[...]

I. INTRODUCTION
1. Because amateur radio frequencies are shared, amateur radio licensees may not
monopolize any frequency for their exclusive use. Deliberate interference undermines the utility of the
Amateur Radio Service by preventing communications among licensed users that comply with the
Commission's rules. Harold Guretzky, an amateur radio licensee, was previously warned regarding
deliberate interference in writing by the Enforcement Bureau but continued interfering with other amateur
radio licensees' radio communications. Given his history as a repeat offender, this violation warrants a
significant penalty. Therefore, we propose a penalty of $17,000 against Guretzky for causing intentional
interference on amateur radio frequencies.1
II. BACKGROUND
2. Guretzky is a licensee of station K6DPZ in the Amateur Radio Service in Richmond Hill,
New York. The Commission has received numerous complaints alleging that he was causing interference
to a local amateur repeater in Glen Oaks, New York, preventing other amateur licensees from using the
repeater, in apparent violation of section 333 of the Communications Act of 1934, as amended (Act), and

[...]

Commission received additional complaints regarding Guretzky. These complaints alleged that Guretzky
had again been interfering with other amateur operators on the local repeater and had begun making
threats against these operators.
3. On April 19, 2018, in response to continued complaints alleging intentional interference
to amateur radio communications, two agents from the New York Office of the Federal Communications
Commission's Enforcement Bureau (Bureau) drove to Richmond Hill, New York to investigate. The

[...]

repeater input) and 146.850 MHz (the repeater output) and used direction-finding techniques to identify
the source of the transmissions as Guretzky's amateur radio station, K6DPZ, which he was operating at
his residence in Richmond Hill, New York. The agent monitored and recorded the transmissions
emanating from Guretzky's station for several hours that afternoon and heard him interfering with the
local repeater. Later, the agent heard Guretzky making threatening comments toward other amateur
operators.5 These transmissions were a deliberate act to control the frequency and prevent other amateur
radio operators from conducting legitimate communications.

[...]

97.101(d) of the Commission's rules. Specifically, Guretzky apparently caused intentional interference to
licensed Amateur Radio Service licensees.7
A. Guretzky's Actions Caused Intentional Interference to Licensed Communications

[...]

with the communications or radio signals of other stations."9 Section 97.101(d) of the Commission's
rules states that "[n]o amateur operator shall willfully or maliciously interfere with or cause interference
to any radio communications or signal."10
8. On October 27, 2018, an agent from the New York Office observed Guretzky causing
intentional interference to other amateur radio operators on frequencies 146.25 MHz (the repeater input)
and 146.850 MHz (the repeater output). Guretzky thus apparently interfered with other amateur radio


[...]

9 H.R. Rep. No. 101-316, at 8 (1989).
1047 CFR 97.101(d); see also 47 CFR 97.101(a) (stating that "each amateur radio station must be operated in
accordance with good engineering and good amateur practice").


[...]

operators who were already communicating on the same frequency and his transmissions would have
interfered with any other amateur licensees attempting use the frequency. Based on the nature of
Guretzky's transmissions, we find that he appears to have deliberately prevented other amateur radio
operators from conducting legitimate communications. Based on the evidence before us, we find that
Guretzky apparently willfully violated section 333 of the Act and section 97.101(d) of the Commission's
rules by intentionally interfering with other licensed amateur communications.
B. Proposed Forfeiture

[...]

Policy Statement, we conclude that a significant upward adjustment is warranted. The Commission
previously provided Guretzky with written notice that causing interference to other amateur radio
operators violated the Act and Commission's rules. Having received the Smith Warning Letter and the

[...]

the Act and the Commission's rules and a deliberate disregard for the Commission's authority and the
very spirit of the Amateur Radio Service by continuing to interfere with the local repeater despite having
received two (2) written notifications and one (1) oral notification from the Commission to cease this

[...]

Guretzky is apparently liable. We caution Guretzky that future violations of this kind may result in
significantly higher forfeitures or revocation of his amateur license.
IV. CONCLUSION

)

[...]


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