FCC Reduces Fine to Ex-Ham

FCC REDUCES FINE FOR FORMER AMATEUR

The FCC has substantially reduced a $17,000 fine that it proposed to levy on a former Houston, Texas, amateur. On July 12, the Commission issued a Forfeiture Order telling Leonard D. Martin, formerly KC5WHN, that he should pay $4000 for repeated unlicensed operation and for failing to allow the FCC to inspect his radio equipment.

Martin first ran afoul of the FCC two years ago. In May 1998 the Commission received a written complaint alleging that a station identifying as KC5WHN was operating on frequencies not authorized by Martin's Technician class license. FCC Special Counsel for Amateur Radio Enforcement Riley Hollingsworth sent Martin a Warning Notice in November 1998. In a subsequent telephone conversation with Hollingsworth, the FCC says, Martin "generally denied the unauthorized operation."

In February and March of last year, an FCC agent using mobile automatic direction finding equipment tracked 27 MHz transmissions to an antenna at Martin's residence. Both times, Martin reportedly refused an FCC inspection.

The FCC's Houston Office issued Martin an Official Notice of Violation last April. In his reply, Martin said that he understood that operating on the frequencies in question was a violation and that the FCC has full inspection authority. He also promised to comply with FCC rules. In July, Martin turned in his Amateur Radio license for cancellation.

Last October, the FCC twice tracked 27 MHz transmissions to Martin's residence. Once again, Martin reportedly refused to let FCC personnel inspect his transmitting gear.

In March, the FCC's Houston Office sent a Notice of Apparent Liability for Forfeiture to Martin for "repeatedly and willfully" operating without an FCC license and refusing to allow an FCC inspection. Martin did not deny the violations but said he couldn't pay the $17,000 fine and submitted copies of his tax returns for 1996, 1997 and 1998 as proof. He also told the FCC that he would dismantle and sell all of his radio transmitting gear and antenna and forfeit proceeds to the FCC or to charity and would permit FCC personnel to inspect his residence to insure all equipment has been removed.

The FCC said that while it could not rely on Martin's "promises of remedial action," it could reduce the size of the proposed forfeiture given Martin's "limited ability to pay the full amount." The FCC said the $4000 fine was justified in light of the serious nature of the willful and repeated violations and gave Martin 30 days to pay.

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