FCC fines person for unauthorized use of NYPD freqs

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Roodog2k

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Interesting they fine him even though he only "apparently" did this. What would happen if he really did do it?
So, there are two things happening here. First, there is the civil action against this knucklehead, which is spearheaded by the FCC enforcement action. Civil isn't criminal and so there is a lower burden of proof.

Second, there is the criminal action against this knucklehead. What he did is a felony in New York. The burden of proof will be higher. I bet it's a federal crime as well, but it would be the FBI that would be looking into this, but not the FCC.

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n1das

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Interesting they fine him even though he only "apparently" did this. What would happen if he really did do it?

From the 4/14/17 FCC Daily Digest:
FCC Daily Digest said:
FCC PROPOSES $400K FINE FOR ILLEGAL USE OF NYPD'S RADIO SYSTEM. News Release. Adopted: 04/14/2017. News Media Contact: Will Wiquist at (202) 418-0509, email: Will.Wiquist@fcc.gov EB https://apps.fcc.gov/edocs_public/attachmatch/DOC-344411A1.docx
https://apps.fcc.gov/edocs_public/attachmatch/DOC-344411A1.pdf

JAY PERALTA, CORONA NY. This NAL proposes a $400k penalty against Jay Peralta, for apparently operating a radio on frequencies licensed to the NYPD, without authorization, as well as broadcasting to disrupt police communications. Action by: the Commission. Adopted: 04/13/2017 by NAL. (FCC No. 17-35). EB https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-35A1.docx
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-35A2.docx
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-35A1.pdf
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-35A2.pdf

This is just one of many required steps in the process with the FCC. The FCC document is a Notice of Apparent Liability (NAL). From the complaint and evidence presented so far, he is APPARENTLY LIABLE. That doesn't mean he IS LIABLE yet. On constitutional grounds, he has an opportunity to defend himself against the charges. He is given an opportunity to respond within 30 days by either paying up or filing a response stating why he should not have to pay the full amount and/or cancel the forfeiture. After the 30 day period expires, the FCC will look at the case again and discuss its merits based on the perp's response to the FCC and make a final conclusion. This is all spelled out in the document.

Unless the perp comes up with hard evidence proving innocence which at this point is very unlikely, the FCC will make the final conclusion that he IS LIABLE and SHALL PAY within 30 days. Failure to pay will result in the case being turned over to the DOJ for criminal prosecution. This will all be spelled out in a new document that will come out from the FCC a little over a month from now. He can still challenge the FCC's ruling in federal court if he so chooses but I would say they've already got him dead to rights.

There's more to come from the FCC on this about 2 months from now so stay tuned.

With all of the criminal action pending against this knucklehead, I would say his parole officer hasn't even been born yet.
 
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Roodog2k

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From the 4/14/17 FCC Daily Digest:



With all of the criminal action pending against this knucklehead, I would say his parole officer hasn't even been born yet.

I don't know how I missed this living in the area, but these guys are going to Rikers Island or worse.

Police arrest three accused of impersonating cops | New York's PIX11 / WPIX-TV

Between $400k of government civil fines, criminal charges for maliciously interfering with a public safety service at either the state and federal level, as well as multiple charges of robbery, there may not be a parole officer in their future.
 

N6IWH

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I'm interested in Radio Direction Finding. Remembering back in the day; we would do "Duck Hunts". Teams would go hide, We'd find them.

Wonder if they had to DF the guy?
 

KK4JUG

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I'm interested in Radio Direction Finding. Remembering back in the day; we would do "Duck Hunts". Teams would go hide, We'd find them.

Wonder if they had to DF the guy?

It's a good possibility. It could certainly simplify things.
 

n1das

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Keep an eye out for an update on this from the FCC in about a month and a half from now. "APPARENTLY LIABLE" will be changed to "IS LIABLE" and followed by "and SHALL PAY", etc.

This is still far from over yet.


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JWelk

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I'm interested in Radio Direction Finding. Remembering back in the day; we would do "Duck Hunts". Teams would go hide, We'd find them.

Wonder if they had to DF the guy?
I would venture they tracked it to an area, then sniffed it out from there. I'm surprised they didn't shut it off via OTAR.
 

mws72

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I would venture they tracked it to an area, then sniffed it out from there. I'm surprised they didn't shut it off via OTAR.

Ever see the episode of Law & Order where they were DFing a cellfone. But the beam antenna they were lugging around was actually for I'm guessing 155 MHz if not two meters. Probably the prop department never told the radio shop what they were going to use it for.
 

CrabbyMilton

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The 1950's TV program HIGHWAY PATROL featured much radio activity. Chief Dan Mathews(Broderick Crawford) may very well been the first to put the tag "10-4" into the mainstream.
Great program!!
 
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