N.C. Man Fined $39,000 for Misusing Public-Safety Radio Network

[RaleighGuy]

The FCC issued a $39,278 fine against Ocean Hinson of Surry County, North Carolina, for intentional misuse of a local public-safety radio communications network in violation of the Communications Act of 1934. Hinson impersonated first responders in unauthorized radio communications on Surry County’s licensed public-safety frequency.

N.C. Man Fined $39,000 for Misusing Public-Safety Radio Network

MissionCritical Communications, Radio Resource International, and Public Safety Report - wireless voice and data communications for mobile, remote and public safety operations

www.rrmediagroup.com

 

[kb4mdz]

Oy vey. It's so simple to NOT do this. No other comments.

 

[relicwr]

Who names their child Ocean?

 

[MtnBiker2005]

Last year thread about this person.

Fcc proposes fine against north carolinian

For Immediate Release FCC PROPOSES FINE AGAINST NORTH CAROLINIAN FOR UNAUTHORIZED RADIO COMMUNICATIONS AND IMPERSONATING LOCAL FIRE DEPARTMENT PERSONNEL -- WASHINGTON, October 11, 2018—The Federal Communications Commission today proposed a fine against Mr. Ocean Hinson of Surry County, North...

forums.radioreference.com

 

[KB4MSZ]

Look's like Ocean is in deep trouble

 

[JRush311]

Ocean's 11

 

[slicerwizard]

So what do they do with perps who can't pay a $40k fine?

 

[Giddyuptd]

So what do they do with perps who can't pay a $40k fine?

Community service work that will eventually lead up to the total amount ordered by a judge.

 

[slicerwizard]

Damn. That might take a while...

 

[W8RMH]

They rarely collect any of these fines. Had a neighbor back in the 70s running a 1000 watt station on CB, and watched the FCC and US Marshals carry out everything radio related he had.

 

[ai8o]

<<<<Community service work that will eventually lead up to the total amount ordered by a judge.>>>>>>

That will not happen.
NO judge has been involved in this matter yet.

This points up a basic flaw in FCC enforcement actions.
The FCC issues CIVIL Revocations only.
This will be treated as a civil matter subject to negotiation.

NO CRIMINAL charges were filed.
That's why the K1MAN fiasco and all the hoo-hah about that foul mouth rogue repeater in California dragged on for so long.

The FCC enforcement branch is a paper tiger.
FCC district Engineers are NOT law enforcement.

Hell fire! The FCC just recently advertised for a real live Electrical Engineer to work in their enforcement branch.
They hadn't had one in awhile.
They don't have any credible radio law enforcement capability.
The FCC thinks that because they issue some Civil Revocation Order it will scare the offender, and he will straighten up and start acting right.

A FEDERAL Grand Jury is where this case needs to go next.
Indict him for false and malicious signals, and interference with Public Safety communications.

Then turn around ,and impanel a State Grand Jury to indict him for a false report to Public Safety, and interfering with Fire Departmant operations.

That house could have really been on fire, and people could have died before the fire department that was called back and gotten back on track to respond.

Maybe Riley and the new OO organization will help, but unless the FCC starts impaneling Grand Juries, and issuing criminal citations, these type problems will continue unabated.

 

[RRR]

Heck, the threat of a fine or forfeiture would "scare" me if I were illegally operating, law enforcement or not! Can't they garnish your wages / take your "tax refund", etc. if you don't pay the fine?

Only transmitting I do is for work, and occasionally on HAM.

But the thing that I don't get is, it doesn't take much at all to be a "real" first responder, vol. Fireman, etc. Why get on the radio and play about it? Go apply, and be the real thing, then you won't have to worry about being followed by the FCC, or have a bunch of firemen wanting to beat you to a pulp.

Oh well, that makes too much sense.

 

[reconrider8]

Heck, the threat of a fine or forfeiture would "scare" me if I were illegally operating, law enforcement or not! Can't they garnish your wages / take your "tax refund", etc. if you don't pay the fine?

Only transmitting I do is for work, and occasionally on HAM.

But the thing that I don't get is, it doesn't take much at all to be a "real" first responder, vol. Fireman, etc. Why get on the radio and play about it? Go apply, and be the real thing, then you won't have to worry about being followed by the FCC, or have a bunch of firemen wanting to beat you to a pulp.

Oh well, that makes too much sense.

yes sir nc is hurting for vff and im the same way i rarely ever tx on any radio ham or fire dept

 

[mmckenna]

Sort of along the same lines of wackerish antics:

Oops: Fake cop pulls over unmarked van full of real detectives

A man posing as a police officer found out that role-reversal may not have been his best move after he was busted attempting to pull over some real detectives.

www.lawenforcementtoday.com

 

[6079smithw]

Look's like Ocean is in deep trouble

Sounds more like a Sea of trouble to me...

Seriously though, what the hell was he thinking doing that?

 

[ai8o]

Heck, the threat of a fine or forfeiture would "scare" me if I were illegally operating, law enforcement or not! Can't they garnish your wages / take your "tax refund", etc. if you don't pay the fine?

You miss the point here>
This is NOT a fine!
This is a "civil revocation"

A fine is a CRIMINAL penalty.

NO criminal charges have been filed.

NO judge has ordered any money seized.

Article Five of the US constitution says in Part:
"nor be deprived of life, liberty, or property, without due process of law;"

There has been NO Due process here.
No garnishing wages, tax refund seizure, until a judge orders seizure after "due process" has run its course.

That's why I keep saying the FCC has to start doing real law enforcement using criminal laws.

Impanel a grand jury.

 

[RRR]

Understood FCC doesn't have "Arrest powers" or "Law Enforcement" authority, but they sure bring the U.S. marshals with them when needed, and they do

 

[ai8o]

Understood FCC doesn't have "Arrest powers" or "Law Enforcement" authority, but they sure bring the U.S. marshals with them when needed, and they do

BUT again; US Marshals do NOT get involved until criminal charges or a COURT order has been issued.

 

[RaleighGuy]

BUT again; US Marshals do NOT get involved until criminal charges or a COURT order has been issued.

US Marshals also serve federal civil summons/orders

 

[ai8o]

US Marshals also serve federal civil summons/orders

YES they do serve Federal Civil Summons, but again this is AFTER a case is filed in Federal District Court.

The FCC has not filed any motions in the Middle District of NC.
The venue where this case would have to be filed.

A civil summons is only a notice that a case has been filed in Federal District Court.
Nothing can be seized (money or property) due to the issuance of a Civil summons.
NOTHING can be seized until ,and unless, a Federal Judge or Magistrate orders it seized.

Theoretically DUSMs do serve civil summons, but in my 33 years as an LEO, I don't know how many FEDERAL civil summons I have served.

All this just highlights that the FCC has over the years gelded itself.

They stopped doing Commercial and Amateur licensing exams, with NO follow up audits.
They contracted out, (i.e. stopped doing) part 90, 80, 15, 68 equipment testing ,and do no follow up auditing.
How many CCRs do you think are truly in spec?

The "enforcement people in DC/ Gettysburg are corporate lawyer types with no real enforcement background.
A Civil Revocation may impress some corporate lawyer types, but
nothing impresses a scofflaw like being arrested, handcuffed, and thrown in jail until they post bond.

They need to start filing Criminal Charges and start arresting people.

AND hire that field engineer that they just advertised for.

The SEC (Securities Exchange Commission) mostly deals with financial crimes and paperwork violations, but they do have agents who are LEOs and have arrest powers.

Why can't the FCC hire some investigators, and send those folks to Glynco and get them certified as LEOs?

The main thrust of my writing here is that the FCC has over the years abdicated its responsibilities.
It must start actually enforcing radio regulations, get tough on violators, not just hams, but Title Two corporate violators, and net neutrality concerns.