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Author Topic: "Regulatory and Advocacy" section of ARRL site  (Read 793 times)
KJ6ZOL
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Posts: 275




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« on: December 18, 2012, 10:28:32 PM »

Anybody else get a kick out of some of the NAL actions posted on the ARRL website under "regulatory and Advocacy"? Here's the latest doozy:

http://www.arrl.org/news/fcc-finds-new-jersey-ham-violated-communication-act-reduces-forfeiture-from-20-000-to-16-000

Quote
In February 2008, the FCC, after receiving complaints from an authorized US government user regarding “harmful radio interference from an unauthorized station operating on the frequency 296.550 MHz -- a frequency limited to US military operations -- in the Elizabeth, New Jersey area.”

So what's the guy's excuse?

Quote
Barbosa told the FCC that he “truthfully acknowledged to the FCC agent who conducted the enforcement visit on February 11, 2008 that he did operate a transceiver on 296.550 MHz.” Even so, he contended that cancellation or forfeiture reduction is warranted “because he reasonably believed that he otherwise had authority to operate the radio transmitting equipment using the frequency 296.550 MHz,” saying that his authority is “not based on his status as an amateur licensee (which he readily acknowledges does not authorize him to operate on the US government frequency), but based on the authority vested in him by a Brazilian man, who is authorized to operate the radio equipment using the frequency 296.550 MHz in Brazil.”

Mr. Barbosa told the FCC that “the frequency was one I knew to be an authorized Brazilian frequency for satellite communications and that I was operating on that frequency in compliance with a Brazilian permit as authorized by the Brazilian permit holder.” Barbosa also said that the Brazilian man who gave him the radio as a “gift” was a licensee under Brazilian authority, and that this individual showed him the Brazilian authorization and granted him permission to operate under his license to use the frequency. He argues that, as such, he “honestly believed” that the “master authorization” he was shown authorized him to operate the radio using the frequency at issue and, therefore, he should not be penalized for relying on that information.

ROTFL! The FCC noted that Barbosa couldn't produce any evidence to back his claim, notwithstanding the fact that this is the USA, not Brazil. The guy also claimed that his "rights" were violated, that he couldn't afford the fine, etc. He got a reduction from $20k to $16k, at least.

There's been a couple other lulz-inducing regulatory actions pop up, including the guy whose nonlinear 11m amp caused interference to a local fire department. He TWICE refused to allow the FCC to inspect his house, violating Part 95 (citizen band rules), and twice refused to accept his NAL. Then he claims he never got the NAL. The FCC was not amused. The "background" section of the ARRL page never did say whether the firefighters got their freq back-the guy apparently kept operating, even after being visited by the FCC with cops in tow. Then there's the guy who was operating a pirate FM station, and persuaded his landlord to let him do so by showing the guy his amateur radio license. Further proof that any moron can pass a test. Being an amateur radio operator, now THAT takes brainpower.
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