The FCC levied some fines to a couple of Amateurs

KC0KM · Jul 22, 2015

The FCC levied some fines to a couple of Amateurs involved in the mischief that regularly seems to occur at 14.313.

https://apps.fcc.gov/edocs_public/attachmatch/DA-15-832A1.pdf
https://apps.fcc.gov/edocs_public/attachmatch/DA-15-831A1.pdf

These are from today’s FCC Daily Digest

From what it looks like the FCC is fond of heavy fines. Only thing is, from what I have been told, they not always gave to pay the full amount, and can get it reduced. All in all, I much rather see people like this lose their ticket, but then again with some who do not obey the rules to begin with, what is going to keep them off the air?

JoeyC · Jul 22, 2015

Old news. https://www.fcc.gov/document/michael-guernsey

AK9R · Jul 23, 2015

It may be an old story, but the FCC actions noted in by the OP are as of yesterday. Guernsey gets a fine with no further chance of appeal to the Commission. Tolassi gets a Notice of Apparent Liability and has a limited amount of time to argue why the NAL should be reduced or cancelled.

papavictor · Jul 23, 2015

W9BU said:
It may be an old story, but the FCC actions noted in by the OP are as of yesterday. Guernsey gets a fine with no further chance of appeal to the Commission. Tolassi gets a Notice of Apparent Liability and has a limited amount of time to argue why the NAL should be reduced or cancelled.

Yeah, note the subtle difference in the first sentence between the NAL and this new FO, ie, "propose" vs. "impose" the big fine. Now on to collection ...

KC4RAF · Jul 23, 2015

Agree with the OP.

Take their ticket and still fine them. But as he also posted, what's to prevent them from going a head after loosing their ticket and still continue jamming/interfering. It is a shame that we have these childish people who brake the laws/regulations. I've been into communications ever since I was about 6 years old and have heard some really dumb stuff on the air every once in a while. But over all, and mostly gentlemen and ladies. My thoughts are to have heavy fines AND take their equipment.

Seven-Delta-FortyOne · Jul 23, 2015

Now I wish they'd go after the jackass who jams the noontime net on 40 meters, and the WPSS net on 3952.

Delta

Token · Jul 23, 2015

KC0KM said:
From what it looks like the FCC is fond of heavy fines. Only thing is, from what I have been told, they not always gave to pay the full amount, and can get it reduced. All in all, I much rather see people like this lose their ticket, but then again with some who do not obey the rules to begin with, what is going to keep them off the air?

The FCC is fond of heavy fines in exceptional cases. This is an exceptional, long standing, case. The offender has had multiple contacts with the FCC in the past for similar actions. There have been written warnings long before the final event that caused this evolution. If you look at the references you will see that there have been warnings, letters, and various enforcement actions for this person going back more than 17 years. Some people just don’t get the message.

If you look at most of the enforcement bureau stuff people are contacted one time, officially warned, they acknowledge the warning, correct their actions or become more stealthy with them, and nothing further happens. However, some people just don’t get that the rules can apply to everyone, and the FCC can indeed cause you legal and financial pain if they pick you as the one who needs it.

Your question about people who ignore the regulations, what is to keep them off the air? Nothing in the short term. It is a free country and anyone can own radio gear, licensed individual or not (and I would not have it any other way). Since everyone is free to ignore the law they are free to break it. But the next time he gets busted (and I am willing to bet right now there will be a next time) the penalties will be even stiffer.

T!

k6cpo · Jul 23, 2015

The problem is that when the offenders can't pay the hefty fines, they essentially get off scott-free. if a few of these people were imprisoned when they couldn't pay, it might get the message across.

AK9R · Jul 23, 2015

If you don't pay FCC fines, do you get flagged in the IRS's database? The IRS is little more, shall we say, persistent about getting people to pay.

PrimeNumber · Jul 23, 2015

W9BU said:
If you don't pay FCC fines, do you get flagged in the IRS's database? The IRS is little more, shall we say, persistent about getting people to pay.

This is true, because https://www.youtube.com/watch?v=1DxFDK8kmPY

N8OHU · Jul 25, 2015

Token said:
The FCC is fond of heavy fines in exceptional cases. This is an exceptional, long standing, case. The offender has had multiple contacts with the FCC in the past for similar actions. There have been written warnings long before the final event that caused this evolution. If you look at the references you will see that there have been warnings, letters, and various enforcement actions for this person going back more than 17 years. Some people just don’t get the message.

If you look at most of the enforcement bureau stuff people are contacted one time, officially warned, they acknowledge the warning, correct their actions or become more stealthy with them, and nothing further happens. However, some people just don’t get that the rules can apply to everyone, and the FCC can indeed cause you legal and financial pain if they pick you as the one who needs it.

Your question about people who ignore the regulations, what is to keep them off the air? Nothing in the short term. It is a free country and anyone can own radio gear, licensed individual or not (and I would not have it any other way). Since everyone is free to ignore the law they are free to break it. But the next time he gets busted (and I am willing to bet right now there will be a next time) the penalties will be even stiffer.

T!

Yes, amd what's more, they have in really onerous cases refused to renew the license of a ham that has caused significant problems; see the enforcement action for the fellow that formerly held the callsign K1MAN.

Gator573 · Jul 26, 2015

k6cpo said:
The problem is that when the offenders can't pay the hefty fines, they essentially get off scott-free. if a few of these people were imprisoned when they couldn't pay, it might get the message across.

Imprisoned? For a regulatory fine? Are these even crimes that have been committed?

rapidcharger · Jul 27, 2015

k6cpo said:
The problem is that when the offenders can't pay the hefty fines, they essentially get off scott-free. if a few of these people were imprisoned when they couldn't pay, it might get the message across.

That's what garnishments and asset seizures are for.

Now, no money and no income, and no assets then yeah.

KD0TAZ · Jul 27, 2015

k6cpo said:
The problem is that when the offenders can't pay the hefty fines, they essentially get off scott-free. if a few of these people were imprisoned when they couldn't pay, it might get the message across.

They can't throw someone in jail for what amounts to not paying a debt.

KD8DVR · Jul 27, 2015

k6cpo said:
The problem is that when the offenders can't pay the hefty fines, they essentially get off scott-free. if a few of these people were imprisoned when they couldn't pay, it might get the message across.

Garnishments, income tax refund forfeits, etc... You piss off the Feds and you are royally screwed.

rapidcharger · Jul 27, 2015

KD0TAZ said:
They can't throw someone in jail for what amounts to not paying a debt.

They do it ALL THE TIME.

KD0TAZ · Jul 27, 2015

rapidcharger said:
They do it ALL THE TIME.

LOL! No. They don't. Failure to pay a debt is not a criminal offense unless it involved fraud or tax evasion.

rapidcharger · Jul 27, 2015

KD0TAZ said:
LOL! No. They don't. Failure to pay a debt is not a criminal offense unless it involved fraud or tax evasion.

Its usually the punishment for a criminal offense though.

Like for not mowing your lawn...
Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty | Georgia Public Broadcasting

For being $25 short...
Supreme Court Ruling Not Enough To Prevent Debtors Prisons : NPR

Big scandal in my state.
In Georgia, a Traffic Ticket Can Land You in the Slammer | Mother Jones

Sentenced to debt: Some tossed in prison over unpaid fines - NBC News

Not just my state though

Our View: Jail time for unpaid fines unfairly penalizes poverty - The Portland Press Herald / Maine Sunday Telegram

The FCC levied some fines to a couple of Amateurs

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