FCC Designates Hearings on Three Amateur Radio Applications:
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W1AW Bulletin via the ARRL
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May 30, 2007
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FCC Designates Hearings on Three Amateur Radio Applications:
ZCZC AG16
QST de W1AW
ARRL Bulletin 16 ARLB016
>From ARRL Headquarters
Newington CT May 30, 2007
To all radio amateurs
SB QST ARL ARLB016
ARLB016 FCC Designates Hearings on Three Amateur Radio Applications
The FCC has issued hearing designation orders (HDOs) to Amateur
Radio license applicants in three unrelated cases. All three HDOs
released May 24 hinge on licensee "character" issues. The Commission
notified David O. Castle, WA9KJI, of Evansville, Indiana, that it
was designating his license renewal application for hearing in the
wake of alleged misconduct extending back several years and
continuing at least until earlier this year.
"Since 1998, Castle has been warned repeatedly to refrain from
intentionally interfering with radio communications; broadcasting
without communicating with any particular station; causing
interference on amateur repeaters; using amateur repeaters without
authorization, and using indecent, slanderous or harassing
language," the FCC said in the HDO it issued to Castle. "We find
that Castle's continuing course of conduct raises questions as to
whether he possesses the requisite character qualifications to
remain a Commission licensee."
In March, FCC Special Counsel in the Spectrum Enforcement Division
Riley Hollingsworth warned Castle to abide by a request to refrain
from using repeaters owned by the Tri-State Amateur Radio Society.
The FCC also designated for hearing two applications for new Amateur
Radio licenses. In the case of Frank C. Richards of Mooers, New
York, the Commission says the applicant apparently had attempted in
1995 to hijack the license of a Frank C. Richards, KB4VU, who lives
in Ft Myers, Florida. The New York Richards was initially
successful, and the FCC granted him KG2IC, but after the Florida
Richards contacted the FCC to say he'd never moved nor modified his
license, the FCC directed the New York Richards to explain. On June
2004, the New York Richards turned in his license. While the FCC did
not pursue further enforcement action then, it did tell the New York
Richards that the circumstances of the apparent abuse of the license
system could become a factor if he ever applied for an Amateur Radio
ticket in the future.
The New York Richards applied for a Technician license last June 28,
and accompanied his application with a letter. The FCC Enforcement
Bureau said it was unable to determine whether the Wireless
Telecommunications Bureau should grant the application, however, so
it now has been designated for a hearing.
"The Commission and the courts have recognized that 'the FCC relies
on the honesty and probity of its licensees in a regulatory system
that is largely self-policing,'" the FCC said in the HDO.
"The attempt of Frank Richards (NY) to change the address and other
information for call sign KB4VU, and his subsequent cancellation of
the license in lieu of responding to EB's inquiries regarding the
renewal/modification application raise substantial and material
questions of fact as to whether he made false certifications,
misrepresented the facts to the Commission, and/or demonstrated a
lack of candor in order to claim the identity and operating
privileges of Frank Richards (FL)," the FCC said.
In a third case, the FCC has designated for hearing the new Amateur
Radio license application of Jack R. Sharples of Florida. In its
HDO, the FCC identified Sharples as "a convicted felon and
registered sexual predator."
"Sharples's felony conviction for at least one sexual-related
offense involving children raises material and substantial questions
as to whether he possesses the requisite character qualifications to
be a Commission licensee," the FCC said. "Although Sharples's felony
adjudications occurred more than seven years ago, the nature of the
criminal misconduct and the fact that the Amateur Radio Service is
particularly attractive to children call into serious question
whether he should be permitted to obtain an Amateur Radio
authorization."
Castle, Richards and Sharples have 20 days to file a "written
appearance" with the Commission. Failing to do so would lead to
dismissal of the pending application.
NNNN
/EX
Source: W1AW Bulletin via the ARRL.
This article has expired. No more comments may be added.
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FCC Designates Hearings on Three Amateur Radio App
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by AI2IA on May 30, 2007
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"The Commission and the courts have recognized that 'the FCC relies on the honesty and probity of its licensees in a regulatory system that is largely self-policing,'" the FCC said in the HDO.
It is proper and just that the FCC determine fitness for granting a license for amateur radio privileges based upon "honesty and probity." Amateur radio has always been a privilege. Those who seek to obtain it and keep it ought to uphold the high standards of radio operators in general worldwide. Integrity is not just a nice idea. It is the law! Good!
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RE: FCC Selectively Prosecutes....Again
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by W6EM on May 31, 2007
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" the Commission says the applicant apparently had attempted in 1995 to hijack the license of a Frank C. Richards, KB4VU, who lives in Ft Myers, Florida."
The ARRL West Central Florida Section chairman used the VEC system to do a similar thing with a club call sign, K4WCF, about 2 years ago.
The FCC finally ackknowledged after repeated complaints by the West Central Florida Group, Inc., that the ARRL Section Manager had inappropriately taken the callsign and returned it to its rightful owners.
Just an honest "mistake?" Not according to the club. The Section Manager, without their knowledge or permission, used the VEC system to transfer the callsign to himself. The West Central Florida Group owns and operates an extensive repeater network in Central Florida.
The FCC punished another ham months ago for attempting to take a call sign of another, and here we have yet another example of the FCC taking action against the intentional theft of a call sign.
Perhaps the Counsel for Special Enforcement is a bit too close to the ARRL.......
73,
Lee
W6EM/4
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FCC Designates Hearings on Three Amateur Radio App
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by N9XCR on May 31, 2007
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A good sign that you don't have a life...
...you attempt to steal an amateur radio call sign.
What kind of petty life does someone lead if stealing a call sign fulfills some sort of need? It's just so damn ridiculous I can't think of the perfect word to describe it.
It makes petty thiefs and bank robbers look like they're doing something useful. Hell, it makes people who write and distribute computer viruses look like they're contributing something to society.
Chris
N9XCR
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RE: FCC Designates Hearings on Three Amateur Radio
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by W6EM on May 31, 2007
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You said a mouthful. Some folks who consume ego cheeze apparently get quite intoxicated.
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RE: FCC Designates Hearings on Three Amateur Radio
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by W6WBJ on May 31, 2007
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More examples of "Jerkoff" Hollingsworth shooting fish in a barrel. Probably none of these people will actually demand a hearing before an ALJ, and The Jerkoff knows it. He's chickenshit to take anybody to a hearing when he knows they have the means, the ability and the knowledge to fight his bullshit. His "enforcement" consists of looking up people he doesn't like in the database and then issuing them highly-prejudicial press releases in a calculated attempt to ruin their reputation within the amateur community. He's nothing but a cheap-shot artist.
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RE: FCC Designates Hearings on Three Amateur Radio
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by WR8D on May 31, 2007
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Looks to me the fish he shot in the barrel are the ones he needed to shoot. If one simply obeys the rules of part 97 day in and day out, they'll never have a problem with Riley. Do you expect him to let a jerk trying to steal someones license off the hook or to let that other moron jamming repeaters and cussing and all that get by with it.
Riley is doing his job simple as that. Imagine if we didn't have someone in his office to reach out and touch weirdo's what kind of shape our hobby would be in???
Maybe he's reached out and touched a few of those we see here on eham with their negative comments about Mr Hollingsworth. "hi hi".
I kind of like the guy, he's not afraid to bust em. We all know for a fact too there's plenty out there that need his attention.
Hopefully he'll get around to all of you weirdo's in good time with one of those certified mailings of his. Yeah you can call him an idiot but you'll sure as hell answer his mail when he tags you. hi hi
He helped me here locally with a repeater problem...he'll "help" you too. hi hi.
John WR8D
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RE: FCC Selective Prosecution
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by W6EM on May 31, 2007
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John, Wr8D, writes:" Do you expect him to let a jerk trying to steal someones license off the hook or to let that other moron jamming repeaters and cussing and all that get by with it."
No, I don't expect him to. I expect him to prosecute ALL offenders, including the ARRL West Central Florida Section Manager and the ARRL VEC Manager. This is more "icing on the cake" for the FCC's Inspector General.
"Riley is doing his job simple as that."
Partly true. But, he's choosing the easy ones and copping out on the ones that have leverage.
"Maybe he's reached out and touched a few of those we see here on eham with their negative comments about Mr Hollingsworth."
No, I doubt that. If I were to break any regulations, I'd expect enforcement actions. And, as a taxpayer, I expect Enforcement Bureau resources to be applied equitably to all, big and small. Whether the offender has millions, a good lawyer and notoriety or just a few bucks to his name.
"I kind of like the guy, he's not afraid to bust em."
Really? Then where's the Hearing Designation Order for K1MAN (Glenn Baxter's) license renewal application? He's been given a Forfeiture Order over a year ago, yet what has he forfeited so far? NOT A THING.
This is yet another example of why Selective Law Enforcement is corporatist government at its worst.
Better to have no enforecment at all, quite frankly.
Mr. ARRL Hamvention "Man of the Year" won't dare bust his buddies at the League. You pat my back, I'll pat yours.....
73,
Lee
W6EM/4
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FCC Designates Hearings on Three Amateur Radio App
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by K0RFD on May 31, 2007
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W6WBJ wrote:
>More examples of "Jerkoff" Hollingsworth...
Don't feel left out, Billy. He'll get around to you soon enough.
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RE: FCC Designates Hearings on Three Amateur Radio
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by W6WBJ on May 31, 2007
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K0RFD wrote: "Don't feel left out, Billy. He'll get around to you soon enough."
If and when he does, I'll kick his f'ing ass!
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RE: FCC Designates Hearings on Three Amateur Radio
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by KC9JUB on June 1, 2007
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Want new friends? Free meals? A change of scenery?
For information, contact:
JACK GERRITSEN 29469-112
FCI TERMINAL ISLAND
FEDERAL CORRECTIONAL INSTITUTION
PO BOX 3007
SAN PEDRO, CA 90731
73,
Bob - KC9JUB
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RE: FCC Designates Hearings on Three Amateur Radio
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by W6EM on June 1, 2007
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Why not mention Robert Hanssen too? The FCC designated his license for hearing after he was convicted of espionage and jailed.
Gerritsen had a prior felony conviction for jamming the CHP and was convicted of interfering with federal telecommunications, a felony. Interfereing with the likes of hamdom is not. Just a misdemeanor.
Did (will?) Riley ever get the roughly $50,000 in Forfeiture Orders he assessed Gerritsen? They seem to have just 'gone away'. along with Gerritsen, of course.
Using a nutcase as an example is hardly germaine to selective prosecution.
Perhaps a response as to why Riley hasn't 'gotten' Glenn Baxter (K1MAN) might be in order. Any takers?
Lee
W6EM/4
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RE: FCC Designates Hearings on Three Amateur Radio
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by KC9JUB on June 1, 2007
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Lee:
My posting had nothing to do with selective prosecution. It was addressing the postings of another individual who seems to think he is above the law and can do as he pleases without consequences, as Gerritsen also seemed to think.
73,
Bob - KC9JUB
W6EM:
<<Using a nutcase as an example is hardly germaine to selective prosecution.>>
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RE: FCC Designates Hearings on Three Amateur Radio
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by W6EM on June 1, 2007
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Thanks, Bob, for the clarification. Guys who break the law deserve the hammer.
73,
Lee
W6EM/4
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RE: FCC Designates Hearings on Three Amateur Radio
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by W9WHE-II on June 1, 2007
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W6WBJ writes:
"More examples of "Jerkoff" Hollingsworth shooting fish in a barrel".
Yes...its so unfair to "blame" these alleged miscreants for their alleged misdeeds. Afterall, its not their fault....ITS SOCIETY'S FAULT.
(Dripping with sneering sarcasim)
You don't suppose that SOMEBODY has had a buddy that has been the subject of FCC enforcement, now do you?
Naaahhhhhhhhhhhhhhhhh!
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W6WBJ and FCC Enforcement ????
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by W9WHE-II on June 1, 2007
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Hummmm.......I wonder whether THIS has anything to do with W6WBJ's attitude toward FCC and Hollingsworth:
FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Spectrum Enforcement Division
1270 Fairfield Road
Gettysburg, Pennsylvania 17325-7245
September 20, 2006
William F. Crowell
1110 Pleasant Valley Road
Diamond Springs, CA 95619
RE: Amateur Radio Advanced Class W6WBJ; Renewal Application
Case # 2006-176
Dear Mr. Crowell:
By letter dated May 15, 2006, we notified you that the Wireless Telecommunications Bureau granted in part your application for vanity call sign W6WBJ but, due to numerous complaints filed against the operation of your station N6AYJ alleging deliberate interference, did not renew your license beyond the existing expiration date of March 12, 2007. Our letter further stated that the matter was referred to the Enforcement Bureau for review and that the issues raised in the complaints forwarded to you must be resolved in order for your license to be renewed.
We have reviewed your response. The issue of renewal of your license has been referred for designation of a hearing to be held before an Administrative Law Judge in Washington, DC. As an applicant, you will have the burden of proof in showing that you are qualified to retain an Amateur license. Under separate cover you will be sent further information about the hearing.
cc: FCC Western Regional Director
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RE: W6WBJ and FCC Enforcement ????
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by W6WBJ on June 1, 2007
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Oh, but 'WHE, you're not up to date! You don't seem to be aware of the letter that The Jerkoff sent me dated April 3, 2007. Here it is:
William F. Crowell
Re: Amateur Radio Advanced Class W6WBJ; Renewal Application File #0002928684; Case # 2006-144
Dear Mr. Crowell:
By letter dated May 15, 2006, we notified you that the Wireless Telecommunications Bureau granted your application for vanity call sign W6WBJ but, due to numerous complaints filed against the operation of your station (under call sign N6AYJ) alleging deliberate interference, did not in advance renew your license beyond the expiration date of March 12, 2007. Our letter further stated that the matter was referred to the Enforcement Bureau for review and that the issues raised in the complaints forwarded to you must be resolved in order for your license to be renewed.
On September 20, 2006, we informed you that after reviewing your response to the complaints, the issue of renewal of your license would be referred for a hearing, and that under separate cover you would be sent further information about the hearing.
However, you filed the above renewal application on February 28, 2007, and it has been referred by the Wireless Telecommunications Bureau for review based upon continuing complaints of deliberate interference, including repeated interruptions of ongoing communications and other complaints regarding character qualifications. This is to inform you that we are reviewing those complaints and may need additional information from you in order to make a determination regarding a renewal hearing. Since your application was timely filed, you have continuing authority to operate W6WBJ until this matter is resolved.
Sincerely,
W. Riley Hollingsworth
Special Counsel
You will note as follows:
1. My renewal case was NOT designated for hearing before an ALJ, as The Jerkoff said in the letter that you quoted. Indeed, no decision has yet been made about whether to designate my renewal for a hearing. So why did The Jerkoff lie about it in his earlier letter?
2. Same old bullshit. More non-meritorious complaints have been filed against me as the result of The Jerkoff's policy of requesting complaints against anyone against whom you have a vendetta. None of the complaints constitute a Part 97 violation, and The Jerkoff knows it. He can pejoratively characterize the complaints until he's blue in the face, but it won't change the fact that they don't constitute a Part 97 violation.
3. The so-called "Character Rule" simply doesn't apply to me, and The Jerkoff knows it. But he'll keep issuing his lying, bluffing press releases anyway. HE'S THE ONE WHO HAS CHARACTER QUALIFICATION ISSUES, NOT ME!
4. I have the right to keep operating until The Jerkoff's all done bluffing and bullshitting. And since he never stops bluffing and bullshitting, that means I have the right to continue to operate FOREVER!
Face it: I've kicked The Jerkoff's ass, and if he ever does take me to a hearing, I'll kick it even worse. And he knows it!
Talk to you on the air! It sure is nice to have PERPETUAL OPERATING AUTHORITY!
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RE: W6WBJ and FCC Enforcement ????
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by WR8D on June 1, 2007
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WJB, i have a buddy that i tried for years to talk to his head but he'd never listen. He got his licensed pulled for three years and it could of been taken away for good. Whats with you guys anyway. We have rules that the world has to go by. Sooner or later if we don't abide by them it catches up to us. Not trying to pick at you with these comments of mine just feeling bad to see the same old story repeated again. Once you get singled out they give you just enough rope to hang yourself. Honestly you sound exactly like the pal i have here in Southern Wv. None of us can buck the system. Sure we can make a lot of noise and act tuff. In the end though you'll come up on the short end of the stick. Just look at a few of the enforcement logs and wize up before it happens to you. Now again i'm just trying to help and not start a fuss. Think about what i've said here.
Hope you wise up if it's not to late already.
73 John WR8D
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RE: W6WBJ and FCC Enforcement ????
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by W6EM on June 1, 2007
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We don't know 'the story' until and if we hear both sides. Since I used to live in CA, and have heard some pretty tall stories about alleged no-good kerchunkers, repeater "king of the mountain" types, Lid exclusions from repeaters, etc., nothing would surprise me. Unless the evidence is from an FCC agent, its probably not too solid.
A Pending Application is a bit of a mystery. In the case of K1MAN, well, its now been almost 2 years since his license expired and his application to renew it has been Pending a long time. Baxter's going to go all the way, at least so he says, to the DC Court of Appeal and the Supreme Bush-Elector Panel, if necessary.
I do hear that appearances B4 the ALJs can be "on paper", so that one doesn't have to bear the cost of travel and accommodations in DC.
What I find really puzzling in all of this is the cost. Whether court or ALJ, attorneys cost money. Lots of money. And, I guess the government types are on the payroll anyway, but still, they must have other more important things to deal with than hobby radio interests. And, discerning who said what and who's telling the truth and all that. Discovery, FOIAs, Depositions, Motions, etc. Got to be expensive. And, for what? A hobby. Something that's supposed to be fun. And, that benefits mankind.
Perhaps our resident Barrister, Jonathan, W9WHE-II, would care to offer his services to someone in need Pro Bono.
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FCC Designates Hearings on Three Amateur Radio App
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by KE4ZHN on June 3, 2007
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Ive seen Riley target people based on hearsay and conjecture on several occasions. I realize he cant be everywhere 24-7, but it would be nice if sometimes he actually bothered to verify the facts before simply sending out a form letter to the accused. How can someone be impartial when they dont have all the facts in front of them? How can Riley be impartial when theres also blatant cronyism between himself and key members of the league?
Bring back the FCC monitoring stations and let the FCC impartially police our bands again. If the violation is properly documented on tape/hard drive by non partial personnel, that would be fair. Having one guy write letters based on hams personal vendettas is NOT enforcement, its a joke. Guilty before proven innocent? Selective "enfarcement" at its finest.
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RE: FCC Designates Hearings on Three Amateur Radio
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by W6EM on June 3, 2007
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The accusatory tactics work with some folks. They'll offer to pay, forfeit their license, or some such to avoid what they perceive as a faite a compli.
That's why people should seek legal advice. We're supposed to be innocent until proven guilty in a court of law in this country, not harrassed until willing to pay to escape the harrassment and defamation.
It might even be an interesting legal fishing expedition for interested attorneys. Doesn't the advertisement of pre-trial/hearing information adversely effect the rights of the accused to a fair hearing? If for nothing else, it encourages additional negative correspondence whether accurate or not.
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