FCC to ex-KC5WHN: Pay the $4,000 Fine !

FCC Reaffirms Reduced Fine for Former Amateur

NEWINGTON, CT, Nov 10, 2000--The FCC has denied a Petition for Reconsideration filed by a former Houston, Texas, amateur and has affirmed a $4000 fine. Leonard D. Martin, formerly KC5WHN, had asked the FCC to reconsider its reduced fine for operating without a license and for refusing FCC requests to inspect his radio installation.

This past summer, the Commission substantially reduced the $17,000 fine it had proposed to levy against Martin. On July 12, the FCC issued a Forfeiture Order telling Martin to pay $4000 for repeated unlicensed operation on 11 meters and for failing to allow equipment inspections on several occasions.

The FCC's Houston Office sent its initial Notice of Apparent Liability for Forfeiture to Martin last March 3 for "repeatedly and willfully" violating Section 301 of the Communications Act. In responding to the NAL, the FCC said, Martin did not deny the violations but requested cancellation of the fine arguing that he was unable to pay it. The FCC said Martin 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 "in view of his past history" it could not rely on Martin's promises to reform, but that it could reduce the initial $17,000 forfeiture to $4000, given Martin's "limited ability to pay the full amount."

The FCC maintained that the $4000 fine is justified in light serious nature of the willful and repeated violations, some of which followed FCC warnings and Martin's promises to comply. Martin subsequently appealed the reduced forfeiture.

The FCC received its initial complaints against Martin in May 1998, 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. The FCC says Martin "generally denied the unauthorized operation."

On subsequent occasions, an FCC agent using mobile automatic direction finding equipment observed voice transmissions on 27.545 and 27.535 MHz--channels allocated to the US government and the Industrial Radio Service respectively--and on 27.370, a CB "guard channel." The FCC says the station failed to identify but responded to the name "Leonard."

The FCC determined that the source of the transmissions was an antenna at Martin's residence, but Martin reportedly refused to let the agent look at his radio equipment. The agent advised Martin that operation on the 27 MHz frequencies was illegal because he had no FCC license to operate on those frequencies, and that his refusal to allow an inspection was also a violation.

After the FCC's Houston Office issued Martin an Official Notice of Violation in April 1999, Martin promised that "no further action by the Commission" would be necessary to ensure his compliance with the FCC rules. In July of last year, Martin turned in his Amateur Radio license for cancellation.

In October 1999, the FCC again tracked transmissions on 27.535 MHz and 27.455 MHz to Martin's residence. Once again, Martin reportedly refused to let FCC personnel inspect his transmitting gear.

The FCC acted on Martin's reconsideration petition on November 7. The FCC Order reaffirming the $4000 fine gives Martin 30 days to pay.

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