FCC wants to fine Idaho man $34K for interfering in radio transmissions during wildfire

[mmckenna]

The way I read the article, he was not in distress and interfering with authorized radio frequencies / communications.

Even if he was in distress, 97.403 and 97.405 both have a common denominator:

They are both under Part 97.​

Part 97 -ONLY- applies to amateur radio frequencies. Once you take your radio outside amateur radio frequencies, you are no longer operating under amateur radio rules. He was operating under Part 90 rules, and likely NTIA, since it was shared with the USFS. He was not licensed there. The Part 97 rules are exceedingly clear. If they want to grant you permission to operate outside the amateur radio bands, they would have written it in with plain English. But they didn't .
They did specifically call it out in 97.401 where they allow amateurs to use 5.1675 MHz within Alaska, so obviously the FCC has the ability to do it if they wanted to.

As a VE/LMR licensee, he should have known better. His claims of "didn't mean to interfere" are a bit late. If he didn't want to interfere, he SHOULD. NOT. HAVE. INTERFERED.

A person of low intelligence...

I concur. People can be very smart on a few subjects, but still make stupid decisions. Hopefully he mans up and pays the fine. Sounds like they have him on video admitting he did exactly what they said he did.

 

[ind224]

It does not matter what was said unless he was a team member he is risking the lives of team members and deserves what he gets.

It matters to folks that care about omission of facts and it may be a defense, legally.

 

[nd5y]

Part 97? This is cut from a 2003 article perhaps since rescinded?
§97.403 Safety of life and protection of property. No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.
If he could have used a phone he should have

Note the words "amateur station".
If it operates on non-amateur or non-Part 97 frequencies then it is not an amateur station. Otherwise they would have written the rule as "an individual" or "a person".

 

[mmckenna]

by an amateur station

Key section there is "Amateur station". He was not operating an amateur station as he was not on amateur radio frequencies.

I get it though. In a true life or death situation where my or someone else's life was actually in immediate risk, I'd do whatever it took to save a life and deal with the fallout later.
But I wouldn't interfere with fire fighting operations, especially aircraft, just to "help".

 

[a417]

It matters to folks that care about omission of facts and it may be a defense, legally.

Omissions of facts usually happen in press releases, I'm sure whatever charging paperwork they have fully supports their side.

On a lighter note, I wonder if the ULS could/would ever spice up their internets with a "Now Trending..." blurb? The code change would be trivial...

 

[buddrousa]

For those of us that put our lives on the line I see very different as I have put my life on the line for the last 38 and 1/2 years.
Put your life on the line and have a nut case interfere and risk the life of you and your crew. If you did what we do you would see life different.
This is just something to think about how would you as a parent feel if the Incident Commander was trying to tell the firefighters where your children were and a nut case on the corner with a ham radio kept keying up and saying smoke was coming out of the roof.

 

[ind224]

amateur station
The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.
Not seeing anything qualifying about frequencies 47 USC § 153(3)

 

[mmckenna]

amateur station
The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.
Not seeing anything qualifying about frequencies 47 USC § 153(3)

97.3:
(5) Amateur station. A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.

Amateur radio service.

Remember, in 97.401, the FCC specifically calls out a non-amateur frequency for use within Alaska. If your assumption was that it's not a limitation, the FCC would not have needed to include that in 97.401.

 

[mmckenna]

Will be VERY interesting to see how the ARRL spins this.

 

[KK4JUG]

The Commissioner's statement was pretty clear yet people are still debating the issue..

 

[mmckenna]

The Commissioner's statement was pretty clear yet people are still debating the issue..

They claim they are not "interfering" and are "practically first responders".

I bet we'll see a run on orange vests and "Official amateur radio operator" badges.

 

[Giddyuptd]

I agree a sticky. Now that answes the question to those getting in the way ones and what thread says about people interfering willingly on public safety.

 

[Citywide173]

The Commissioner's statement was pretty clear yet people are still debating the issue..

Not sure it's as much a debate as a troll

 

[Giddyuptd]

They claim they are not "interfering" and are "practically first responders".

I bet we'll see a run on orange vests and "Official amateur radio operator" badges.

Well here we go..... more Jeremy DeWitt amber and purple or green leds decked out more than your state of of art authentic highway patrol traffic unit.

 

[mmckenna]

Well here we go..... more Jeremy DeWitt amber and purple or green leds decked out more than your state of of art authentic highway patrol traffic unit.

At least Jeremy is in jail, for a while.

I get the desire to "help", that's a good trait. What worries me is the lack of mechanism that makes the "helper" stop and think about their actions before proceeding.
With all the training I've been through (as probably a lot of others on here), the common thread is: "#1, don't make things worse".

People seem to blow right past Step #1and jump to step #15: Save the day, win awards, get the girl, profit. AKA: Hero Syndrome.
I suspect a lot of whackers would get diagnosed with it.

"A screening method has been developed, based on the case that those who commit the acts are generally young and are looking for an opportunity to prove or flaunt their bravery. However, there are no formal scientific studies on hero syndrome.[1]"​

 

[chrismol1]

At least Jeremy is in jail, for a while.

I get the desire to "help", that's a good trait. What worries me is the lack of mechanism that makes the "helper" stop and think about their actions before proceeding.
With all the training I've been through (as probably a lot of others on here), the common thread is: "#1, don't make things worse".

People seem to blow right past Step #1and jump to step #15: Save the day, win awards, get the girl, profit. AKA: Superhero Syndrome.
I suspect a lot of whackers would get diagnosed with it.

Typical of hams and people thinking they're helping the big guys especially in a fast paced dangerous incident, they get all worked up on the radio to tell what they believe is important

Recently a pursuit I monitored and the suspect bailed, while the officer is trying to talk on his portable on a P25 trunked system, he and everyone else is getting bonked on by a guy who decided to get into the sheriffs car and grab the radio mic and start telling them "the sheriff took off into the woods" and like most untrained people, took a huge amount of time relaying nothing of value and dead air, burning up valuable air time. The dispatcher interrupted to cut him off and asked him to stay off the radio. Another cop was jamming his mic to get a channel grant to ask location only to have the same bozo get back on the radio telling them nothing of value. Dispatcher had to tell him please stay off the radio at least 3 times. The sheriff in the woods trying to transmit his updated location got cut off by this guy yet again.....smh.....At least the dispatcher was able to use interrupt/console priority to give the units the actual information

Also, "At least Jeremy is in jail, for a while." Negative Sergeant, Get your lieutenant....That whacker is set to be released in only a few short months. He has a detainer for apparently a fraud charge which he's expected to be bonded out quickly on that and begin to serve his probation which he will undoubtedly screw up

 

[mmckenna]

Recently a pursuit I monitored and the suspect bailed, while the officer is trying to talk on his portable on a P25 trunked system, he and everyone else is getting bonked on by a guy who decided to get into the sheriffs car and grab the radio mic and start telling them "the sheriff took off into the woods" and like most untrained people, took a huge amount of time relaying nothing of value and dead air, burning up valuable air time. The dispatcher interrupted to cut him off and asked him to stay off the radio. Another cop was jamming his mic to get a channel grant to ask location only to have the same bozo get back on the radio telling them nothing of value. Dispatcher had to tell him please stay off the radio at least 3 times. The sheriff in the woods trying to transmit his updated location got cut off by this guy yet again.....smh.....At least the dispatcher was able to use interrupt to give the units the actual information

I get similar action from our bus drivers on my trunked system. They are trying to help, but they -always- fail to think before picking up the mic. They'll tie up a dispatcher listening to the monologue that goes absolutely nowhere. Meanwhile, the other dispatcher has already dispatched an officer. I cover this stuff in training, but it usually gets forgotten in the excitement. Usually results in a mostly incoherent sentence with useless info.

Also, "At least Jeremy is in jail, for a while." Negative Sergeant, Get your lieutenant....That whacker is set to be released in only a few short months. He has a detainer for apparently a fraud charge which he's expected to be bonded out quickly on that and begin to serve his probation which he will undoubtedly screw up

Seems to have a couple of sex offender reporting failures on top of everything else. Hopefully he stays where ever the hell he is in FL. At least they know who he is and know what to expect.

 

[marcotor]

Not sure it's as much a debate as a troll

Oh no, I am sure the many whackers who claim they are "First Responders" and have nothing but Amateur and GMRS licenses will continue to shout until they have no breath. A few weeks ago, a "CERT First Responder" invited me to come get an ass-whuppin' from him after he insinuated my mother did certain things for money, and he would also ensure CERT "First Responders" would not come to "save me".

All because I laughed at him on the air for his self-important puffing about how he was a hero.

 

[Giddyuptd]

It is actions of the Jeremy clones with self entitlement with radios as to why several entities near me went arc4/adp or aes256.

Typical of hams and people thinking they're helping the big guys especially in a fast paced dangerous incident, they get all worked up on the radio to tell what they believe is important

Recently a pursuit I monitored and the suspect bailed, while the officer is trying to talk on his portable on a P25 trunked system, he and everyone else is getting bonked on by a guy who decided to get into the sheriffs car and grab the radio mic and start telling them "the sheriff took off into the woods" and like most untrained people, took a huge amount of time relaying nothing of value and dead air, burning up valuable air time. The dispatcher interrupted to cut him off and asked him to stay off the radio. Another cop was jamming his mic to get a channel grant to ask location only to have the same bozo get back on the radio telling them nothing of value. Dispatcher had to tell him please stay off the radio at least 3 times. The sheriff in the woods trying to transmit his updated location got cut off by this guy yet again.....smh.....At least the dispatcher was able to use interrupt/console priority to give the units the actual information

Also, "At least Jeremy is in jail, for a while." Negative Sergeant, Get your lieutenant....That whacker is set to be released in only a few short months. He has a detainer for apparently a fraud charge which he's expected to be bonded out quickly on that and begin to serve his probation which he will undoubtedly screw up

 

[Giddyuptd]

Exactly. Those legit users/entities/systems who have mou's in place that monitor a close agency still follow procedures and protocols set in place. They know when a legitimate life or death situation would be needed and not to just help. I'm sure in this guy's case IC was already setting up planning a initial attack when he keyed in prior to the hotshots rolling in distracting them from their IC or preventing IC from giving orders.

I wonder if he freely gave name and calling or stated call sign after xmitting giving IC command the information to report his actions.

If I was IC I know I'd be pretty hot with someone telling my guys the direction to go. He doesn't know what IC does and their 360 of the situation and attack.

Key section there is "Amateur station". He was not operating an amateur station as he was not on amateur radio frequencies.

I get it though. In a true life or death situation where my or someone else's life was actually in immediate risk, I'd do whatever it took to save a life and deal with the fallout later.
But I wouldn't interfere with fire fighting operations, especially aircraft, just to "help".