Ham News

Ham News


FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Spectrum Enforcement Division
1270 Fairfield Road
Gettysburg, Pennsylvania 17325-7245
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 9, 2007
John C. Kimbrough
597 Foxfire Court
Murfreesboro, TN 37129
SUBJECT: WARNING  NOTICE  and  NOTIFICATION OF REMOVAL OF AUTOMATIC
CONTROL PRIVILEGES: WR3S REPEATER OPERATION
Case #EB-2007-3018 
Dear Mr. Kimbrough:
By letter dated April 10, 2007, we notified you that monitoring
information before the Enforcement Bureau indicated that on various dates
in March 2007, your repeater stations operated without proper control and
re-broadcast portions of commercial TV programming and music, contrary to
the Commission's rules regarding the Amateur Radio Service. The monitoring
information also shows that operators on your system failed to identify
properly and used false call signs.
Our letter warned you that the Commission requires that repeaters be under
the supervision of a control operator and not only expects, but requires,
control operators to be responsible for the proper operation of the
repeater system. Control operators must take whatever steps are
appropriate to ensure compliance with the rules, including limiting the
repeater use to certain users, converting the repeater to a closed
repeater or taking it off the air entirely. Repeaters bearing your call
sign are your responsibility. Your decision to operate repeaters was a
voluntary one and you are responsible for any rule violations occurring on
those repeaters. Finally our letter requested detailed information from
you about the operation and configuration of your repeaters.
The information you provided to the Commission apparently indicates that
you are operating 12 repeaters under your call sign, on the following
frequencies: 145.170, 145.370; 146.955, 147.360, 223.960, 224.160,
224.360, 224.560, 224.620, 224.660, 224.760, and 224.980 MHz, and that you
have used at least ten control operators. The rebroadcast of commercial
programming, improper identification and lack of identification by end
users, and your own transmissions over your repeater that can be
reasonably be interpreted as threats to complainants, indicate your
inability or unwillingness to control your own repeater stations.
Furthermore, the failure of all ten of your control operators to prevent
or eliminate these violations is inexcusable, especially in view of the
wide scale linking of these repeaters.
You will shortly receive a directive from the Atlanta office of the
Commission removing the automatic control privileges of your repeater
systems, pursuant to Section 97.109(d) of the Commission's rules, 47
C.F.R. S: 97.109(d). This means that you may not operate ANY repeater
stations under your call sign unless you are the control operator and at
the control point at all times to make certain that Commission rules are
being followed and that no interference is occurring. When you are unable
to function as the control operator of the stations identifying with your
call sign, they may not transmit.
Finally, failure to control stations bearing your call sign, or any
communications over your repeaters not complying with Commission rules,
will result in enforcement action against your license. That enforcement
action may include a forfeiture (fine) or revocation and suspension of
your Amateur license, or modification of your Amateur license to remove
voice privileges. Any threats, direct or indirect, made to complainants or
perceived complainants over your repeaters by your users, will result in
revocation proceedings against your Amateur license.
We remind you again that establishing a repeater station is a voluntary
decision, and that such stations are no different from any other Amateur
station in regard to obligations presented by the Commission's rules
regarding the Amateur Service, nor do they confer any additional
privileges.
Finally, the information you submitted conflicts with the records of the
regional frequency coordinator, and it is not clear which repeaters
operate with your call sign as the identifier, and which repeaters
identify with other call signs but list you as trustee. We strongly
recommend that you review the number of repeaters you are attempting to
manage and operate, and that you make sure your actual repeater operations
conform to the regional frequency coordinator's records.
Sincerely,
W. Riley Hollingsworth
Special Counsel
cc: FCC South Central Regional Director




FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Spectrum Enforcement Division
1270 Fairfield Road
Gettysburg, Pennsylvania 17325-7245

October 24, 2006

Charles M. Welch
852A Springfield Hwy
Goodlettsville, TN 37072

RE: Amateur Radio License KG4SFF; Case #EB-2007-2945

Dear Mr. Welch:

Enclosed is a copy of a complaint filed against the operation of your station. The complaint alleges deliberate interference to Two Meter communications from your station at various times including September 13, 2006.

Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. Section 308(b), gives the Commission the authority to obtain information from applicants and licensees about the operation of their station and their qualifications to remain a licensee. Accordingly, you are requested to review the enclosure and respond to this office within 30 days.

In an inquiry of this type we are required to notify you that a willfully false or misleading reply constitutes a separate violation made punishable under United States Code Title 18, Section 1001.

Enclosure

cc: FCC Northeastern Regional Director


 Florida Man Convicted of Deliberate Interference, Unlicensed Operation: from The ARRL Letter, Vol 21, No 25 Website: http://www.arrl.org/ on June 23, 2002 View comments about this article! Florida Man Convicted of Deliberate Interference, Unlicensed Operation: A Florida CBer accused of jamming Amateur Radio operations and transmitting without a license was convicted in federal court June 19 on eight misdemeanor counts. Willam Flippo of Jupiter was found guilty of four counts of operating without a license and four counts of deliberate and malicious interference. The jury deliberated about 30 minutes. Federal District Court Judge Daniel T.K. Hurley noted that, while the charges were misdemeanors, it was important that the amateur airwaves be free of interference in the event of an emergency. He ordered that Flippo, 60, remain in custody and undergo a psychiatric evaluation prior to sentencing. The prosecutor in the case, Neil Karabdil, credited members of the Amateur Radio community with bringing Flippo to justice. The list included 1999 ARRL International Humanitarian Award winner Ed Petzolt, K1LNC, who helped the FCC gather evidence in the case; Bert Morschi, AG4BV; Palm Beach County Emergency Coordinator Dave Messinger, N4QPM; and Chuck Mulligan, N4SDW. "This is a very good day for Amateur Radio, and a very good day for justice," Petzolt said following the trial. "Let the word go out that we will not tolerate this sort of thing on our frequencies, and you will be caught." Petzolt cited local amateurs and the efforts of the FCC, including Special Counsel for Enforcement Riley Hollingsworth "and everyone else who kept the faith," for helping to bring the case to a successful conclusion. "Never give up and never surrender," Petzolt advised those facing similar malicious interference situations. "If you do, they win." According to Petzolt, who testified in the trial, Flippo primarily had targeted the Jupiter Tequesta Repeater Group for jamming and regularly interfered with amateur operations, especially on 10 and 2 meters, over an approximately three-year period. Following up on the amateurs' complaints, personnel from the FCC's Tampa District Office visited the Jupiter area at least twice in 1999 and reported tracking the offending signals to Flippo's residence. Known as "Rabbit Ears" within the CB community, Flippo was arrested by federal authorities in July 2000. He already faces a $20,000 fine levied in 1999 for unlicensed operation, willful and malicious interference to Amateur Radio communications, and failure to let the FCC inspect his radio equipment. The six-and-a-half-day trial was anything but routine. A day after attempting to fire his court-appointed attorney, Robert Adler--who countered that Flippo was trying to undermine his own trial--Flippo, then still free on $100,000 bond, drove himself to the hospital June 13 claiming he'd suffered a stroke. He was released the following day. Hurley recessed the trial but took the unusual step of revoking Flippo's bond June 17 after a physician told the judge that medical tests determined that Flippo had not had a stroke. Hurley said he was concerned that Flippo might not return to court for his sentencing hearing and ordered him returned to jail. Flippo reportedly hung his head after the jury returned a guilty verdict on the second count. He had no comment for a reporter as he was led back to jail. Sentencing could take place in about a month. According to the FCC, Flippo faces a maximum penalty of eight years in prison--one year on each count. He also could be fined up to $80,000

 

 
 

Design © by Tux-Support.com