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Old February 8th 07, 05:39 PM posted to rec.radio.amateur.policy
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Default Did this Amateur Violate US Neutrality Act?

On Feb 8, 12:16�pm, Dave Heil wrote:
wrote:
On Feb 6, 11:11?pm, Dave Heil wrote:
Stefan Wolfe wrote:
"KC4UAI" wrote in message
groups.com...
On Feb 5, 9:53 pm, "Stefan Wolfe" wrote:
"KC4UAI" wrote in message
legroups.com...
On Feb 2, 9:20 pm, "Stefan Wolfe" wrote:
And is it legal for a licensed amateur to violate rules of a sovereign
country (no matter how well-intentioned?
Um...
Until this guy gets convicted of a crime in the US, the FCC won't have
much to say...
So, are you saying he violated US law? ?If not then what's the point?
The US Government tends to frown on US citizens providing material
support
snip
Then, get the guy convicted of a crime and *then* complain to the FCC
about his license... ?The FCC is not in the business of enforcing all
the laws of the US, just the ones they wrote.
If it involves illegal transmission by a US citizen or resident of
electromagnetic waves anywhere, between 3000Hz and light waves, it is within
the FCC's scope to take action.
You should really rethink your position. ?A couple of people here have
attempted to steer you in the right direction. ?The FCC has no
jurisdiction in a foreign land.


I think the FCC could take some very indirect action, if they really
wanted to. That does not mean FCC has jurisdiction outside US-
controlled territory.


Right. *"Could" but not "will".


Better yet, "may".

For example, if a person commits communications-related violations
elsewhere, FCC could consider those violations as a "character issue"
when issuing or renewing someone's FCC license. That thinking goes
along the lines of "if the person won't follow the communications laws
of Country X when the person is in Country X, why should we expect
that person to follow FCC rules when they are under FCC
jurisdiction?".


If it doesn't come up in criminal or civil prosecution by the foreign
government, it'll never blip the radar at the FCC. *Until or unless one
of those takes place, it is simply hearsay.


Good point! It takes a conviction, not just an accusation.

FCC has used a similar argument against the licenses of people
convicted of non-radio crimes in the USA.


...but I don't know of a single case where the FCC has acted based upon
what an individual has done outside the United States, radio related or not.


I don't either. Point is, they have the authority to do it *if* there
is a conviction and at their own discretion.

So while it is not directly going after someone for violations
committed outside FCC's jurisdiction, those violations could have FCC-
related consequences.


I'd think it very unlikely unless an individual is prosecuted and found
guilty in a foreign court.


Unlikely but not impossible.

73 de Jim, N2EY





 
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