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NEWINGTON, CT, Jan 31, 2003--The FCC has sent warning notices to 10 individuals--eight of them Amateur Radio licensees--for operating without a license in the 11-meter band. All but one of the operators live in the Greater New York City area.
"Such operation will subject you to fine or imprisonment, as well as an in rem seizure of radio transmitting equipment, in cooperation with the United States Attorney for your jurisdiction," FCC Special Counsel Riley Hollingsworth wrote January 15. He cited "monitoring information before the Commission" indicating that the individuals were transmitting on 26.540 and/or 26.555 MHz--frequencies outside of normal Citizens Band channels and allocated for government use. He noted that fines for such unlicensed operation can run as high as $10,000.
Receiving warnings were Teofilo Vargas, N2JZQ; Pedro P. Caba, N2ZFL; Antonio Leonor Disla; Hector P. Genao, KC2DPX; Hector L. Vasquez, KB2UFD; Jose A. Tineo, KB2RKF; Doroteo A. Hiciano, KB2YBF; Juan L. Vasquez, KG2PI; Juan C. De La Cruz; and Francisco Martes, KB2RJZ.
In other enforcement actions, the FCC rescinded the automatic control authority of a repeater operated by Daniel Granda, KA6VHC, of Whittier, California. The action means a control operator must be present at all times at the control point of the KA6VHC repeater. FCC Los Angeles District Director Catherine Deaton wrote Granda January 13 to say the action was being taken because Granda's repeater was under review by the Enforcement Bureau for apparent violations of the FCC's rules. Alleged violations include obscene and indecent communications, inadequate station control and deliberate interference.
Deaton told Granda that he may not operate his repeater under automatic control until the enforcement allegations are cleared up. "If KA6VHC is operated under automatic control prior to notification from this office, enforcement action will be taken against your amateur operator and station licenses for KA6VHC," Deaton said. "This action will include designation of those licenses for a revocation and suspension hearing, and a monetary forfeiture."
Last October, the FCC dismissed Granda's complaint against the KD6ZLZ and WA6NJJ repeaters on 223.82 and 223.84 MHz. The FCC told Granda that his 16-year-old coordination document "was insufficient to establish coordination" and that he bears primary responsibility for preventing interference to the two repeaters because he cannot show current coordination. Granda has told the FCC that he's been using the two frequencies "continuously for over 25 years." Hollingsworth told Granda, however, that, even if he were properly coordinated 16 years ago, "coordination is not a lifetime grant" nor a de facto frequency assignment.
Hollingsworth said the FCC continues to receive complaints about deliberate interference from Granda's station to the two repeaters as well as allegations of obscene and/or indecent speech. The FCC has asked Granda to respond to the complainants by February 1. In addition, the Commission wants Granda to provide "a detailed plan" to prevent interference to the KD6ZLZ and WA6NJJ repeaters or risk enforcement action. Noting that Granda's license expires next November 9, Hollingsworth said the FCC would not act upon a renewal application until the enforcement issues were resolved.
The FCC also wrote a Florida amateur, John S. Gregory, W3ATE, letting him know that the Wireless Telecommunications Bureau had set aside his General-class upgrade on December 4. As a result, Gregory reverts to a Tech Plus licensee. The action, the FCC said, was based on complaints that Gregory--on more than one occasion in 2002--had operated his station on 20 meters while still licensed as a Technician. The FCC issued Warning Notices to Gregory last May and June but said both were returned as "unclaimed."
The FCC gave Gregory 20 days to explain the alleged operation outside of Technician privileges. "Failure to respond will result in the dismissal of your application," Hollingsworth concluded.
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