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Author Topic: 14.313 lid gets fine chopped from $10k to $500  (Read 15999 times)
KJ6ZOL
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Posts: 387




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« on: October 25, 2013, 10:38:07 AM »

http://www.arrl.org/news/fcc-fines-former-radio-amateur-for-unlicensed-operation-on-20-meters

Some of you may remember this case. The guy claimed that $10k would "bankrupt" him, so he will only pay $500.  Angry Angry Too small, imo, unless the FCC figured that you can't get blood from a rock.
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KB4QAA
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Posts: 2407




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« Reply #1 on: October 25, 2013, 12:29:44 PM »

The FCC does this ALL the time.  They let people off for a pittance, and essentially no punishment.   How about making him pay $500 a year for the next 20 years!
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KB4XV
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Posts: 27




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« Reply #2 on: November 03, 2013, 08:08:56 PM »

I wonder if they confiscated his equipment? They should have done what they use to do to CB er's when they caught them running high power. Make him take the radio out to the driveway and beat it flat with a hammer. I use to know someone that happened too.
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N4DSP
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Posts: 158




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« Reply #3 on: November 09, 2013, 02:12:04 PM »

All the time the OO's put into monitoring this individual and recordings for what? Nothing. What a waste.
Disgraceful.
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KK4LGR
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Posts: 53




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« Reply #4 on: January 07, 2014, 04:53:04 AM »

I think you're over-reacting a bit in a legitimately scary way.

I would be out for blood if he was transmitting on an ATC frequency, EMS channel or some other life-critical bit of the spectrum, but operating on the 20 meter ham band with an expired license?  I assume it was expired, it could have been suspended or revoked.  The article doesn't say, but it gives his previous callsign, so he was licensed at one point.  If operating without a license is the only thing he's guilty of and he wasn't operating contrary to any other regs, the worst I would do is a slap on the wrist, a little fine, and confiscate his transmitter if he does it again without renewing his license.  I might hit him a little harder if he was intentionally jamming, but I'd still just confiscate and auction his transmitter and hit him with a fine of a few hundred to a few thousand dollars.  He didn't cause any lasting damage, did he?

Think about how you guys look right now.  "Amateur radio is a HOBBY.  That's all it is, nothing more.  And in this hobby, if you're just a little disruptive, we'll slap you with a fine so big your family might never recover."  That's a pretty heavy message you're sending there.
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"Well I'm sure glad we've got these ham radios to talk on."
--Unidentified station heard on 2 meters
K9IUQ
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Posts: 1957




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« Reply #5 on: January 07, 2014, 07:22:19 AM »

I think you're over-reacting a bit in a legitimately scary way.

He didn't cause any lasting damage, did he?

Think about how you guys look right now.  "

That's a pretty heavy message you're sending there.

Here is the problem. If no or little penalty is involved for infractions then hams continue to operate any way they want. If you do not enforce laws then many and I mean many people break the law. At this point in time the FCC is basically useless for enforcing Hamradio regulations. And everyone knows it. And deliberate QRmers, foul talkers, operating without a license etc, no one is afraid of the consequences of illegal operation. The situations on the hambands just get worse.

As an oldtime Ham I can remember when the FCC was respected and feared. The hambands were not chaos like they are today. Those days are long over and the FCC just does not enforce or care about Hamradio today.  

If the FCC sent a "heavy message" for infractions we would not have all the problems we now see on the hambands.

Disgraceful.

Yep.

Stan K9IUQ
« Last Edit: January 07, 2014, 07:26:03 AM by K9IUQ » Logged
N4NYY
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Posts: 4799




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« Reply #6 on: January 07, 2014, 09:08:29 AM »

I get the impression that the FCC wants to send a message and get the offender to stop, and not to make the person homeless. My guess is that financial records provided by the defendant like contributed to the reduction.

What amazes me, is that as bad as the offender was, he did not commit a felony. Yet, hams want to fine him into poverty. No one here gives any consideration to if the offender has kids, a wife, or other family members, who may be severely impacted by a huge fine, even though they did nothing wrong. They may in fact be made homeless by such a fine, for doing nothing.

The punishment should be enough to deter the action again, and nothing more. Unless of course, he personally caused physical harm to individuals, or broke criminal laws.
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HURRICAINE
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« Reply #7 on: January 08, 2014, 06:20:40 PM »

If I remember the story correctly, the man had a Technician class license at one time, but it expired.

There was a net on 14.313 and he was jamming it and the people got tired of the jamming and turned him in.

When the FCC caught him, he had his radio in his bedroom or something and it was tuned to 14.313 and he admitted to everything that he had done.

They left him go with a verbal warning.

A week later the jamming started again and the field survey crew was sent back out and the signal originated from the same place and they found the same guy, home alone, and took his radio equipment and prosecuted him.

This was why Rilley Hollingsworth quit, he did the work and caught the troublemaker,  and then the judge left them off with just a slap on the wrist.

ps, - you don't get the radio back, and they take all your radios, not just the one that you used to cause the trouble.
And, after you have been caught, you are barred from using any type of radio transmitter including the CB radio or FRS...
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NA4IT
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« Reply #8 on: January 09, 2014, 05:21:44 AM »

If he can afford to be a ham operator, he should be able to afford the fine.
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N4NYY
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Posts: 4799




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« Reply #9 on: January 09, 2014, 07:03:24 AM »

If he can afford to be a ham operator, he should be able to afford the fine.

Another brilliant theory. Fact is, I know plenty of people on HF, that spent less than $500 on a rig,  antenna, coax, that are good to go.





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KD0REQ
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Posts: 971




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« Reply #10 on: January 09, 2014, 07:55:27 AM »

most likely the guy has got a psychological problem, but the FCC cannot order him to evaluation.  the standard for external intervention is you have to be a danger to yourself or others.  jamming and cussing up a ham frequency doesn't meet the legal test in place almost everywhere (I am not a lawyer, nor do I watch any on TV, so I have to hedge here.)

taking the radios is and always has been a good option.  fining the guy ten squillion zillion dollars, cash at the clerk's office please, is a handwave that means nothing.
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KK4LGR
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Posts: 53




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« Reply #11 on: January 10, 2014, 10:28:25 PM »

N4NYY and I are on the same wavelength.  A little perspective please:  A $10,000 fine is a typical punishment for embezzlement, assault and grand theft auto.  He did not commit a crime equal in severity to those offenses.  Take his radio, list it on eBay, charge him a few hundred dollars, get him off the air and we can go on with our lives.
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"Well I'm sure glad we've got these ham radios to talk on."
--Unidentified station heard on 2 meters
W5ARP
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Posts: 53




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« Reply #12 on: January 12, 2014, 08:50:50 PM »

So there are more than just two crazies on 14.313?  Today I heard someone ranting about Canadians...
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KD8TUT
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Posts: 59




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« Reply #13 on: January 15, 2014, 03:29:04 AM »

So there are more than just two crazies on 14.313?  Today I heard someone ranting about Canadians...

That's kind of funny since one of the problem guys on that frequency was (or is) Canadian.

It's not worth listening to in my book.
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SWMAN
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Posts: 571




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« Reply #14 on: January 15, 2014, 08:38:24 AM »

 I say hang them up by their gonads.
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