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Old November 22nd 04, 09:51 AM
D. Stussy
 
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On Tue, 16 Nov 2004, Splinter wrote:
Remeber when I said that the FCC had "future enforcement
actions" with K1MAN? Here's the most recent letter to the guy from
Riley:

October 29, 2004
...
Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, 47 U.S.C. Section 308(b), we requested you to respond to the
letter within 20 days from receipt certifying: 1) what action(s) you
are taking to correct the deficiencies in the operation of your
station; and 2) specifying what method of station control you have
implemented for your Amateur radio station transmissions.

Your response dated October 14, 2004, in which you stated that "No
corrective actions are necessary at K1MAN" and "No changes are needed
with regard to station control..." failed to furnish the information
requested by the Commission.


And why shouldn't he have said that? His stations works. It's fully
functional and therefore doesn't have any operational deficiencies. :-(

Granted, I'm ignoring the content and jamming issue, but the FCC really needs
to come out and say directly what they mean - not using language which can be
sidestepped. He "addressed" the deficiencies by saying that there are none
(implying that his equipment is working perfectly). Poor operating practice
does not equate to deficient operation of the equipment.

In addition to the above mentioned complaints, we have received
additional complaints of interference from your station's
transmissions starting at 9:31 PM on 3.890 MHz on October 16, 2004;
6:23 PM on 3.800 MHz and 7:59 PM on 3.977 on October 19, 2004; and
7:59 PM on 3.977 MHz on October 20, 2004. We also note that, according
to your web page, your station now transmits on 14.275 MHz from 11 PM
until past 6 PM the following day.


19 hours straight! He must have alot [of nothing] to say!

In an inquiry of this type we are required to notify you that a
willfully false or misleading reply constitutes a separate violation
made punishable under United States Code Title 18, Section 1001.
Failure to reply also constitutes a separation violation of Commission
rules.


Which practically never gets prosecuted. The U.S. Attorneys, nationwide,
usually don't even bother with more than 3 cases of 18 USC 1621, Perjury - the
"stronger" crime, a year, so they certainly aren't going to bother with this
provision. The failure to enforce the law makes 18 USC 1001 a joke.

Riley has really scared him now.
 
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