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FCC Proposes to Fine Texas Radio Amateur $7000 for Malicious Interference

A

ARRL

Well-Known Member
Nov 15, 2008
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The FCC has issued a Notice of Apparent Liability for Forfeiture (NAL) to James R. Winstead, KD5OZY, of Coleman, Texas, after determining that Winstead “apparently willfully violated” FCC rules by interfering with Amateur Radio communications. The Commission proposed a $7000 fine. The action was in response to complaints from other radio amateurs of intentional interference on 7.195 MHz.

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Maybe there was. Ee don't know. Either way why does someone have to be warned that the next time they break the law they will be fined/jailed etc? Good thing the courts don't act that way. Break the law and suffer the consequences.
 
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I'm not saying anybody deserves a warning, but almost all of these published infractions include some sort of warning to straighten the problem out.

Hell, even traffic cops will issue the occasional warning.
 
Which begs the question as an after thought ......

Running a red light (which could take a life) will cost $100, maybe $200 and a couple points on your license. With enough points you lose your license.

If you interfere with a non emergency radio frequency (not even a band of frequencies), you get a $7,000 fine.

Where is the common sense in that?
 
359 said:
Which begs the question as an after thought ......

Running a red light (which could take a life) will cost $100, maybe $200 and a couple points on your license. With enough points you lose your license.

If you interfere with a non emergency radio frequency (not even a band of frequencies), you get a $7,000 fine.

Where is the common sense in that?
Click to expand...


One thing leads to another.....or not. See what the result is if you actually did kill someone after running that red light. Guaranteed it won't be a $100 fine and a couple points. There are lots of seemingly inconsistencies in the laws today but that is just the way things are. We just tend to think it makes no real sense because we are radio people and this involves radio. No different than any other special interest group seeing issue with enforcement actions against something they are involved in.
 
If the ARRL OO's failed to warn him or the FCC cooked up another scheme to bypass that process, it is starting to look no-so-good for Laura Smith and the ARRL. That is also a reality. The ARRL warning process is either a scam or it has been told to lie.
 
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Federal law requires a written warning only to those who are not licensed and not required to be licensed. So CBer uses illegal amps on CB has to receive a written warning before he can be fined. Does the same thing on 10 meters and he doesn't need to be warned because he needs a license to transmit.

However, usually a warning is given in this type of situation. Texas FCC enforcement agents are bullies, however. So it is what it is.
 
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Robb said:
If the ARRL OO's failed to warn him or the FCC cooked up another scheme to bypass that process....
Click to expand...

the FCC site states that the agents responded to numerous complaints from amateurs, they do not state if those complainers were or were not OO's.

bottom line, after he said what he said to the agent, he really has no defense

quote from the FCC report:" During the inspection, Mr. Winstead showed the agent how he recorded and retransmitted other amateur licensees’ communications.

He also admitted that he intentionally interfered with amateur communications on 7.195 MHz and had an ongoing disagreement with another amateur licensee named George.

the recording of other amateurs is perfectly legal, in and of itself,.........

however,.......... when he admitted to intentional interference, well,................<can not stand it>
 
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