FCC cites amateur for QSOs w/unlicensed individual

Started by WA4STO, April 25, 2013, 06:04:25 PM

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WA4STO

 CERTIFIED MAIL - RETURN RECEIPT REQUESTED

   January 21, 2012

   Mr. John B. Stuart

   (Address withtheld)

   (Address withheld)

   Re: EB-FIELDNER-13-00006421

   WARNING NOTICE

   Amateur Radio License KD5RDY

   Dear Mr. Stuart:

   Since early January, you have been heard and recorded communicating
   repeatedly on 146.520 MHz with an individual who identifies only as "White
   Noise." Mr. John Watkins, aka "White Noise," does not have a license to
   operate in the amateur bands. Your communications with him make it clear
   that you are aware of this fact, but you continued communicating with him
   nonetheless.

   Several amateurs in the San Antonio area recorded the offending
   transmissions, and provided undersigned counsel with recordings of the
   incidents in question.  Should you desire a copy of the recordings, they
   will be made available to you.

   These incidents constitute unauthorized transmissions in violation of the
   Commission's rules. Your operation as described above is contrary to the
   basis and purpose of the amateur radio service as set out in Section 97.1
   and is a violation of Section 97.111(a)(1) of the Commission's rules,
   which states in pertinent part "[a]n amateur station may transmit the
   following types of two-way communications: [t]ransmissions necessary to
   exchange messages with other stations in the amateur service . . . ".^
   Please be advised that the Commission expects you to abide by its rules
   This letter serves as notice that, if operation of this type reoccurs
   after receipt of this letter, you could be subject to severe penalties,
   including license revocation, monetary forfeiture (fines),^ or a
   modification proceeding to restrict

   the frequencies upon which you may operate.

   Sincerely,

   Laura L. Smith, Esq.

   Special Counsel

   Enforcement Bureau

   Cc: Dallas Field Office

   South Central Regional Director

   ^ See 47 C.F.R. SS 97.1 and 111(a)(1).

   ^ Fines normally range from $7,500 to $10,000.