FCC Affirms Hefty Fine for Midwest Amateur Accused of Intentional Interference

NEWINGTON, CT, May 8, 2003--The FCC has affirmed a $12,000 fine against Technician-class Amateur Radio operator Scott E. Kamm, N0UGN. Kamm's station was in Waterbury, Nebraska, at the time he was cited last fall, although the FCC granted his February 27, 2002, application to change his mailing address to a location in Sioux City, Iowa. The FCC released a Forfeiture Order May 7 alleging willful and repeated interference, broadcasting of music and failing to identify with his call sign. The FCC's Kansas City office had released a Notice of Apparent Liability for Forfeiture (NAL) on January 24, but Kamm never filed a response, the FCC said. The Commission ordered Kamm to pay the fine within 30 days.

Responding to complaints of continuing interference on the input of a 2-meter repeater, FCC agents monitored the machine's input frequency last December 9. They observed a very strong signal on 146.31 MHz "consisting of music, sound effects and unmodulated carriers" and no station ID. The FCC said the transmissions were interfering with amateur communications already in progress.

The FCC used direction-finding techniques to determine that the source of the signals was Kamm's residence in Waterbury, Nebraska. The next day, an FCC agent monitored the same sorts of transmissions, tracked the source to Kamm's residence, and inspected Kamm's amateur station.

"The agent found an amateur radio transceiver capable of operating on 146.31 MHz," the FCC said. Kamm claimed no transmissions were made from his station and that he used the unit to receive only. Based on its evidence, however, the FCC Kansas City office determined that Kamm "willfully and repeatedly" violated FCC Part 97 rules "by causing intentional interference, broadcasting music and failing to identify with his station call sign."

During 2002, Kamm was the target of several letters and an FCC Warning Notice from Special Counsel Riley Hollingsworth. Last fall, the FCC's Wireless Telecommunications Bureau set aside Kamm's amateur license renewal based upon complaints about the operation of his station and questions regarding his qualifications to be a licensee. Kamm's amateur license expired last September 29, and his license renewal application, filed August 8, has reverted to pending status.

A Warning Notice issued by the FCC Enforcement Bureau February 5, 2002, also alleged that Kamm had transmitted on 156.300 and 174.000 MHz without a license, although he was never formally cited. The FCC has said that subsequent to the Warning Notice, information came to its attention that Kamm had "apparently provided radio equipment to an unlicensed minor residing at 1977 S Avenue in Waterbury, Nebraska," and that Kamm instructed the youth on how to operate on the Marine Band and other frequencies.

In a response to the FCC Warning Notice, Kamm denied setting up radio equipment for the minor, and stated that he had sold all of his radio equipment.

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