FCC Tells Vermont Ham that Fine is Next Step

NEWINGTON, CT, Mar 9, 2005--The FCC has warned David J. Tolassi, WA1BHV (ex-KB1EVE), of Barre, Vermont, that he’s risking a substantial fine if he continues to violate the conditions of his 2004 license renewal. After a series of “enforcement issues” relating to the operation of KB1EVE, the FCC renewed Tolassi’s General class ticket in January 2004 on the condition that he refrain from 20-meter voice operation for three years. Following up on allegations that Tolassi had violated the prohibition, FCC Special Counsel Riley Hollingsworth wrote the licensee February 23.

“Information before the Commission indicates that you have violated the condition of your license by operating voice on the 20-meter amateur band,” Hollingsworth said. “Please be advised that if the condition is violated again, you will be issued a monetary forfeiture (fine).” Hollingsworth noted that fines for such unauthorized operation typically range from $4000 to $7000.

Hollingsworth told ARRL that Tolassi has admitted to violating the 20-meter prohibition. He said the FCC also has tape recordings in its possession to support third-party reports that Tolassi was on 20 meter phone.

In late 2003, the FCC’s Wireless Telecommunications Bureau (WTB) referred Tolassi’s renewal application to the Enforcement Bureau for review as a result of the “enforcement issues,” which, Hollingsworth says, involved inappropriate on-the-air behavior. To resolve the situation, Tolassi agreed to stay off 20-meter phone until February 1, 2007, in exchange for having the FCC renew his license.

In 1999, Tolassi, formerly KC1ZQ, failed to pass the Advanced class examination after being summoned by the FCC for retesting, and his license class was downgraded to General. The FCC issued KB1EVE, a call sign appropriate for a General class licensee in March 2000. Tolassi obtained WA1BHV last May through the vanity call sign program.

In an unrelated enforcement case, the WTB, acting on its own motion, has set aside the Amateur Extra class license renewal grant of Douglas Richter, KB2SIE, of Bethpage, New York.

“That action is based upon complaints about the operation of your station since the grant of the renewal application,” Hollingsworth said in a letter February 17. “In view of the action by the Wireless Bureau, your application for renewal reverts to a pending status.” Richter’s license expired last November, but he may continue to operate for the time being while the FCC is dealing with the enforcement issues involving his station’s operation.

Hollingsworth said the FCC would be contacting Richter for additional information it would need “in order to make a decision on your application.” The FCC’s New York Field Office conducted an inspection of Richter’s station last June 24.

In 1999, the FCC notified Richter, then a Tech Plus licensee, that it had received complaints that he or someone using his call sign had been “deliberately interfering with the operations of an amateur repeater.” Last May, the FCC requested that Richter respond to a complaint it had received alleging deliberate interference on 75 meters.

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