Manhattan, KS - FCC: Pirate radio station operator must pay $10K

[firefive76]

FCC: Pirate radio station operator must pay $10K | CJOnline.com

[rafdav]

In the comment section, someone posted that he was/is a ham operator too. And holds an FFl license. Suspect he MAY get it reduced, but that'll be a wait and see deal.

[mikepdx]

KC0GPV shows as GLEN J RUBASH Dwight, KS
one of only two Rubashi in the FCC dB

It wouldn't be the first time a ham failed to update his/her address.

$10K would have bought quite a bit of ham equipment.
Should have stuck to Amateur Radio and Part 15 stuff.

[kb2vxa]

Failure to update the mailing address is a violation in itself. The outcome should be interesting depending on how far the FCC decides to pursue the matter, could be the NAL for unlicensed operation, that plus one for failure to keep the address current or that could be dropped as moot should it be decided to revoke his ham license and deny future applications for any license.

BTW I caught this one earlier, in another thread regarding unlicensed operation someone linked to the FCC violations list and he was the latest. CJOnline was that quick on the trigger.

[rapidcharger]

That's funny.
It says he was " rebroadcasting Republican Broadcasting Network talk radio programming".

I'm surprised he found an available frequency that did not already contain such programming.

[GrumpyGuard]

This is an excerpt from the article on the ARRL Website,

The agents, accompanied by the property owner, inspected the unlicensed station’s antenna and transmitter located in a locked detached garage. “The property owner stated that he allowed Rubash to use the garage to operate the radio station and that he thought the operation was legal because Rubash told him that he was a licensed radio operator,”

Here is a link to the article and I don't see anywhere that he did not live at this address.
Kansas Ham Issued $10,000 Fine for Operation of Unlicensed Broadcast Station

The nail in his coffin

the forfeiture order stated. “Later that same day, Rubash spoke to an agent from the Kansas City Office via telephone and confirmed that he was an Extra class amateur licensee (assigned call sign KC0GPV). Rubash also admitted that he purchased the radio transmitter and that the station had been on the air for two months. Rubash added that he would not voluntarily relinquish the transmitter if asked to do so.” The FCC stated that this response demonstrated that Rubash had control over the station.

This just goes to show that not every amateur is playing with a full deck. Pay the fine and move on.

[mikepdx]

Originally Posted by rapidcharger

It says he was " rebroadcasting Republican Broadcasting Network talk radio programming".

He was rebroadcasting FOX News Talk ??

Naw, couldn't be so.
They're the "fair and balanced" folks.

Originally Posted by from the article

Rubash added that he would not voluntarily relinquish the transmitter
if asked to do so.” The FCC stated that this response demonstrated that Rubash had control over the station.

More often than not, a suspect's big mouth is an investigator's best friend.

[mancow]

It also shows the the lack of due process by these regulatory agencies. If they want it they should be compelled to call the FBI or locals and get a warrant for it but instead they issue letters for tens of thousands of dollars with no real recourse.

Imagine a $10, 000 traffic ticket based on an Officer`s phone call?

[jparks29]

Because he'd be fined if he were broadcasting pro Obama propaganda?

They'd have to prove he was transmitting, and yeah, if federal agents stepped to my door and tried to force their way in to take something if mine, without a warrant, they'd be treated as the burglars/home invaders they are.

[robertmac]

And you wouldn't stand a chance in hxll.

[jparks29]

Originally Posted by robertmac

And you wouldn't stand a chance in hxll.

OPSEC is more important than bragging rights

[MTS2000des]

Wow, pretty tough to hand out a 10K NAL on the first go round. But seeing that he:

1)-is an amateur extra class license holder (should have KNOWN that operation of any radio transmitter not license by rule requires just that, a license)

2)-refused to relinquish the equipment when agents from the FCC requested so.

Next up, an ALJ could set aside his amateur radio license.
This is what happens when "hams go bad" and pee in the big pond of 47 CFR part 73 aka commercial broadcasting.

[kb2vxa]

"It says he was " rebroadcasting Republican Broadcasting Network talk radio programming".
That's Republic Broadcasting Network.

"I'm surprised he found an available frequency that did not already contain such programming."
It's not NPR, they're on shortwave, satellite and internet based in Round Rock, Texas.

"This is what happens when "hams go bad" and pee in the big pond of 47 CFR part 73 aka commercial broadcasting."
88.3 is the bottom of the non commercial part of the band where LPFM, college and the occasional high school station are found.

[w2txb]

Was he rebroadcasting the Republic Broadcasting Network?

Republic Broadcasting Network - Wikipedia, the free encyclopedia

I cannot find anything on a Republican Broadcasting Network.

[mlmummert]

Originally Posted by w2txb

Was he rebroadcasting the Republic Broadcasting Network?

Republic Broadcasting Network - Wikipedia, the free encyclopedia

I cannot find anything on a Republican Broadcasting Network.

Look up FOX News.

Sorry, I just had to say it.

:-)

[kb2vxa]

"Was he rebroadcasting the Republic Broadcasting Network?"
I just said he was.

"I cannot find anything on a Republican Broadcasting Network."
That's how I found the correct information. Google is pretty smart these days, it went straight to Republic Broadcasting Network with the home page at the top of the list.

[jparks29]

So, where is the due process in a federal agent coming to your door and saying 'We think you have this, hand it over, and , oh btw, here's a 10k$ fine for this thing we think you have'. ?

Handing it to them is GIVING them evidence to be used against him. I'd claim ignorance, then disassemble everything, trashing parts in random places, over the course of a couple of days.

[kb2vxa]

You don't understand due process. With the FCC enough evidence is gathered for a conviction and a NAL is issued. That's like getting a traffic violation in the mail, pay it or appeal in court. The amount of the fine contained in the NAL may be appealed by proving (documenting) ability to pay by mail and the FCC may decide to reduce the fine. Ultimately the recipient may appeal before an administrative law judge so there is your due process.

[mancow]

Hah, yea sure. Go ahead and try to win that game.

You identified the problem in your own reply (administrative court judge). In other words the standards and weight of evidence are left up to whim of some bureaucrat. I'm amazed at what this Country continues to accept and even ask for in terms of governance.

[mlmummert]

Originally Posted by kb2vxa

You don't understand due process. With the FCC enough evidence is gathered for a conviction and a NAL is issued. That's like getting a traffic violation in the mail, pay it or appeal in court. The amount of the fine contained in the NAL may be appealed by proving (documenting) ability to pay by mail and the FCC may decide to reduce the fine. Ultimately the recipient may appeal before an administrative law judge so there is your due process.

What about trial by jury?