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Amateur Radio & The Law: FCC imposes $34,000 forfeiture on Ham
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- Опубликовано: 12 июн 2022
- This is a special video for my Amateur Radio Operator followers. This discusses an Amateur Radio operator who drew a $34,000 forfeiture notice from the FCC for using a handheld radio to transmit out of band on Forest Service frequencies.
You can read the entire FCC enforcement action here:
www.fcc.gov/document/fcc-prop...
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People use unlocked radios for CB and GMRS. But transmitting on a public safety frequency takes it to a whole new level. In those cases, the FCC is obligated to act.
Stupid is as stupid does.
Regs make it clear that an amateur on a public safety freq IS PERMITTED _in an emergency...._ but the 'emergency' can't be somebody drank your last beer.
when,were i listen and around here laws are not broken . like YOU! say . I LOVE BAOFENG
Not if you're using VHF or UHF frequencies adjacent to the Ham bands or can be modified to transmit on those frequencies
@@seanwatts8342Same with the communications technology used by public safety agencies
While they DO NOT mind THE TECHNOLOGY being used by Hams, they DO mind it being used by Hams ON THEIR FREQUENCIES
Take DMR for example. Public safety agencies DO NOT mind if we use DMR on the Ham bands (In fact, some don't even CARE), they DO care if we use DMR on THEIR frequencies.
Doing either will land you in more hot water than you can shake a stick at
I understand he IS a retired attorney. When I lived in northern California, he was well known as a malicious jammer that used the legal system to drag out enforcement attempts by the FCC. He seemed to be beyond reproach until this incident. I hope we've heard the last of him.
Exactly. He didn't get the big fine for ONLY what we hear here.
Hey Tony!! Thanks for sharing this!
I couldn't believe when this showed up in my Google Alert and I read the press release. Like Will Rogers said, "some guys just have to pee on the electric fence." This one had 34,000 volts, however.
thank you! that was clear, concise and easy to grasp! and... to the operator in question: dude, you knew better!
Appreciate your comment and your candor.
I was taught an “emergency” in terms of ham radio law, is if life, or large amounts of property, are in danger. The rationale was that you are in a situation where you know that a large amount of property is in danger, you can probably assume that someone’s life is also in danger. In colorado, we have plenty of areas in the mountains where radio is the only way to communicate, so we spent some time on this in the class I was in, as that was the reason a lot of folks were there.
However, I was also taught NOT to use any frequencies emergency responders are on, unless you have NO OTHER OPTIONS, as in, the very last resort of a last resort. And if that is the case, you wait for a break, relay your message as QUICKLY AND CONCISELY as possible, and then do not transmit again unless you are specifically asked for more information, and again, keep this message as short as possible.
I am incredibly unhappy that he decided to disregard these practices that I am sure all ham radio operators have learned, maybe in slightly different ways, in such a blatant manner. I don’t like when bad things happen to folks, but he absolutely deserves this fine.
hahah there is NO HAM RADIO LAW.... its RULES.... wow tons of people even the lawyer in video have no clue
@@XPFTP Actually, the correct term is regulations. The FCC has regulations and they cover far more than ham radio. This specific incident did not fall under ham radio regulations, it was a violation of emergency frequency regulations.
Even you have no clue
@@XPFTP 47 C.F.R, Part 97 could certainly be referred to as "ham radio law" to a layman, but not to a pedant it seems.
The law/regulation is 'life, limb, property' but there really hasn't been a court decision precedent establishing what 'property' is not considered property.
Very interesting video! Thanks!
Great explanation.
Thank you. I try to explain things as best I can. If there are ever other topics you would like discussed, let me know. My email is in the "about" tab.
3:48 You forgot one: Even if you only have a hamradio transceiver, you can still ask another ham and ask them to call the emergency service. ;)
What a terrific comment! Thank you my friend. You have proved, once again, that none of us is as smart as all of us!
I'm surprised they got to it. I work in cellular, and every time I try to work with the fcc, it's a long drawn out incompetent process. Especially when they dropped their field agents in half sever years ago It's just a money-grabbing, broken agency.
I guess we should be happy Joe didn't give them all 9 millimeters and have them go after us with frivolous charges.
Overall I agree with you. However , even if the FCC has chosen not to define "emergency" for their purposes, FEMA, DHS, the USCG, and other goverment organizations ALL accept that immenent substantial danger, risk, or damage to property IS a valid emergency. If your bicycle is on fire, no. If the county's only school bus is smoldering, yes that's an emergency. Ask anyone who runs an emergency management agency or office at city, county, state, or federal level. If the property is in some way unique or especially valuable--that's accepted as an emergency.
I'm not the only ham who survived 1L, 2L, and 3L? 🤣 Emergency communications out of band: 1. Do I have any other communications option? 2. Will I or someone else suffer death or great bodily harm if I do not press the PTT button? Glad to see your take on this one, Tony. -73
Addendum: As a pilot, I always have an aviation handheld close by. Before I would attempt transmitting on public safety channels where no cell service or ham radio relay was available, I'd start with a mayday call on Guard (121.5) as it is an authorized service. Most of us monitor Guard on or backup com when in flight, and I've actually relayed a mayday call from a ground station on 121.5 many years ago.
This guy strikes me as cut from the same cloth as many police impersonators. Clout chasing run amok? ;)
I believe the regs indicate that iminent risk to property DOES constitute an emergency, such that your Mona Lisa example is not correcr, but IANAL.
FRS is license-free
Firstly I am not in an FCC jurisdiction, however as a maintainer of emergency service radio systems I would sometimes do test calls associated with the maintenance of their systems. Obviously waiting until they were not carrying emergency traffic and identifying correctly. TBH I used to carry some wide coverage Baofengs as monitor receivers but never transmitted with them. This character drew attention to himself by persistent misuse of the radio system. If he had made a singe "safety of life" call the FCC (and lawyers) would never have heard about it.
Unfortunately human nature means that people program their radios with emergency service frequencies with transmit enabled and then look for an excuse to use them. Here in the UK a large number of UV5Rs and similar are being used on marine band...
I agree completely with your analysis of the situation and how he could have gotten by with a single safety of life call. I also completely agree that people who have a radio look for ways to test the limits. I am not aware of your age, but I am 66. In the 1970s there was a requirement to get licensed as a CB operator. I got KZL5662 as my callsign, paid the fee, all that. Then, the FCC generally announced it wouldn't enforce the rules unless you were running a linear amp, and then completely obliterated the license requirement. If you tune in to the 11 meter frequencies to this day you can hear people running amps and generally being jerks on that band. For the most part, Amateurs in every country are better than that. But man, are you spot on with your observation about human nature. You nailed it! (PS: My handle on CB radio was "Ground Control." - as in, "This is Ground Control to Major Tom...")
@@j.d.-alawyerexplains5064 thank you for the kind words, I am a couple of years behind you, my father was a ham so I was interested in electronics from an early age but did not "discover" CB until 1981. A few years later I got my ham licence. Like any hobby it was easy with CB to reach/exceed the legal limitations. I have worked for our equivalent of the FCC, generally very few hams are ever prosecuted, no-one is sitting on your shoulder with a power meter (or a dictionary), With most radio related prosecutions there are back stories that the press don't bother to report. This character seems to have ignored a warning and hence it escalated. 73
Thoughts and questions are always important. They lead to good discussion. I would be interested in hearing the lawyers thoughts on your statement that, summarizing hear you are not under FCC jurisdiction because you work on emergency service radios. Every citizen of the United States, or person on planet earth, who violates the FCC rules or regulations, is under FCC jurisdiction. You do not have to hold a license in any radio service, or as a general radio, telephone service tech and be held responsible for your actions. I am not disparaging you personally, however, I believe the statement that you are exempt is a little misguided. I do recognize you were going about your testing and maintenance in the proper manner. And full disclosure I was in EMS professionally for 20yeqrs, maintained systems and hold 3 licenses. I have always considered myself “under FCC jurisdiction “ and behaved as such. Everyone is.
@@HowToHam_Tom, with respect none of my radio operation commercial or hobby is regulated by the FCC. I think it is fairly apparent from my post (and user name) that I am in the UK.
Attorney here from Alpena MI W8RAD 73!
What I had read, when I read through the rules and regs, was that an 'emergency' for the conditional use of out of band communication was defined as a clear danger to life or property, (when no other viable communication medium was available.) Can you provide a link to the regulation where it is defined differently? Thanks.
That's the problem. It's not defined at all. There is no definition of emergency in the regulations. The language of the regulations in Part 97 does say much what you said, but the language is vague as to what constitutes an emergency. Thanks for bringing this up. I may need to do a video on this specific issue.
You said "Frawley should have identified with his Amateur Radio Callsign or any of the other Amateur Radio calls".....how many does he have?
His name even says: qrmer
Baofeng strikes again…. Flames licking his heels is the only reason for his actions. Nice video. Nice to see normal hams on RUclips..
My wife says I'm a nerd because I do Amateur Radio, but its a label I wear with respect for my peers. As to normal, I have rarely had that label applied to me, so thank you! I really appreciate your comments my friend. 73
Any radio can cause problems if it isn't properly setup and programmed. My first radio was a Baofeng HT. When I got it, I used programming software (CHIRP) to set it up. It had options for limiting what frequencies it could be tuned to or even transmit on. I looked at the VHF/UHF band plan in order to set the minimum and maximum frequencies for the radio just to make sure it was properly configured. I further checked several online guides for Baofengs to make sure I configured the radio for amateur radio use (some radios can also be used commercially). Its hard to know the full scoop, one time transmitting out of band could be a mistake, but more than once does indeed sound like it was on purpose.
@@TianarTruegard Yeah, I understand. I set mine up to monitor a local PD frequency and trying to answer an Amateur Radio call on a local repeater, I somehow got on that police frequency and transmitted out of band by accident. I recognized my error, and I immediately stopped. Fortunately, I was being a smart alec and didn't give my call up front like l usually do. I deleted that channel from the radio and use a scanner now, not that radio, to listen to the cops.
@@j.d.-alawyerexplains5064 I'm calling the FCC on your out of band transmission.
Just kidding🤣
KC1GZR
I didn't "thumbs down" your video, but I was very disappointed that you didn't say what he transmitted. I'd like to have heard what jt was that he apparently felt was urgent. Was he simply a wannabe firefighter? Was he reporting a fire breech? Was he just transmitting bogus information?
Hi, I am in Canada and regulations here say you cannot go out of the amateur band period, no exceptions!
this video isn't about you
VE2CII you are correct, 73 de VA3ROD (retired IC radio inspector)
Great video!
He was still less interruptive than a lot of ‘oligists that do have a radio while you’re looking for a lightning strike fire.
Josh sent me ;) thanks for what you do. New subscriber.
Josh has helped all of us in ways he will probably never even know. I now have a Tactical EMP Trashcan thanks to Josh. He has such novel and useful content. Thanks for subscribing. It helps a bunch!
I had 2 friends that got caught by the FCC one for pirate FM broadcasting & other for running 10kw on 11 Meter CB Band. The pirate FM just got a warning & no fine & they did not take his equipment. The other one on CB got a $1000 fine but he never paid it & he moved out of state. I am surprised as I hear FCC not monitor the CB & Shortwave bands now. There are tons of pirate stations on the Shortwave band but they can be all over not just the US.
Well, I hope that the FCC catches up to him and holds him accountable. If you're willing to break the rules like that, you are also likely not to have properly tuned equipment such that you splatter all over the airwaves. I live in the south and periodically I will find 6 kilohertz of splatter on some of these guys running home-brew linear amps. If they're on 14.205, you can't hear from 14.201 through 14.209. The FCC doesn't do a lot of monitoring, but they do respond to complaints. My guess is that's how they were caught.
@@j.d.-alawyerexplains5064 6000 kHz is Radio Havana Cuba & they sound awful & they also jam other signals such as WRMI on 2 of their frequencies. Where in the south are you? as I am in the Southeast.
@@drsysop yes I remember them days picking up Cuban radio stations on the broadcast band in the north Pittsburgh area. I had an old Atwater Kent radio . Now that I live in Florida I just forget about AM radio there is nothing on worth listening to. AM radio used to be my source for Classical music and Big Band music all those stations are gone. WCKY in Cincinnati, WQXR in New York City and KMOX in St Louis Missouri. The stations are there but not in the back then format. I also used to like to hear the old organ at Wrigley Field as well 73
I am skeptical of claims of 10 kw CB radios. If it is illegal, why should there be any truth in the claim? 1 kw is about all you can get from a standard 110 volt AC household circuit. To get 10 kw you need at least twice that for input, 20000/240 = 83 amps at 240 volts!
@@thomasmaughan4798 Yes you need 240 volts some use their dryer or oven outlet or have them installed. This was on Channel 6 in New York when he was caught back in the early 1990's.
Can you also explain how these rules are now laws with out the legislative branch voting on them?
Although this may change in the near future (SCOTUS has a case on point) the way this works is the legislative branch gives "discretion" to the administrative agency, and the administrative agency's view of the law becomes the law because the agency has prosecutorial discretion in enforcing the statute. That's an oversimplification of the process, but that's it in a nutshell. I think it's wrong, and I think there should be a lot more legislative involvement, but this is the problem you have when the federal government, which was always supposed to be a LIMITED government, has grown into a multi-headed hydra.
@@j.d.-alawyerexplains5064 I might have just gave you a video idea, this is found everywhere.
Thanks for the lesson! I just re-entered the ham word. I was a ham in jr. High, high school, and college. When I became a volunteer EMT I had plenty of communications out of my system. Now at 76 I earned my Extra Class. To make a long story short, I would like to have a shorter call sign. I tried with the FCC and tried paying someone to do it for me. My call sign is still KD2QXQ. I Tried QRP. Nothing. I am glad there are people like you. With the shut down looming. The 3 letter agencies going away. The old corporate Constitution gone. I am Boy Scout prepping. 73. RWB
Welcome to the fraternity. I got my Extra at 57 years of youth. I am with you on prepping. Our garage is half-full of food (if you consider spam and beans food).
I read somewhere this week that, it no longer costs money to get a vanity callsign. It was probably on the ARRL site. But having a nice 5 digit call, I did not pay it enough attention to commit it to memory. I hope you are eventually able to get a callsign that suits you better.
Thanks for the video. A good topic to get some factual sober coverage. I do have a question. You stated that the FCC has officers with arrest powers. Can you provide a reference for this? The Justice Department doesn’t list the FCC as having sworn officers in its audits of federal agencies (at least last time I looked). The FCC doesn’t list arrest powers as part of its investigative tools. I have been under the impression that the FCC refers criminal matters to the Justice Department. I would think that maintaining even a small staff with arrest powers would be a big burden on an agency that doesn’t have much call, if any, for that sort of activity. I am not a lawyer, or an FCC expert, but if I missed something, I would appreciate a correction with citation. Thank you again.
The case referenced, which you can find online, had an FCC agent with a badge cam on who interviewed the violator. The FCC Office of Inspector General has arrest powers and you can learn more here: www.fcc.gov/inspector-general/investigations
Thank you for the follow up. The Notice of Apparent Liability of Forfeiture identifies the Agent conducting the interview with the body cam as part of the US Forrest Service. They have a large and active police force.
I appreciate the other information for follow up, and once again, the video itself.
Before I retired I worked as a radio specialist overseeing the systems of a very large utility. We rarely had interactions with the FCC but when it happened it was always handled in coordination with our legal department. What usually occurred, is that we acknowledged the discrepancy and described our remediation plan. As long as we followed through the notice of violation was dropped.
As with your story above we did have instances of non-authorized users transmitting on our frequencies. This usually happened because the radio in a company vehicle was not removed before auction and the new owners thought they were being funny. We did have one where the non-authorized users made mayday calls. This, to say the least, got us very excited. When we tracked down this person I recommended referring him for FCC enforcement. Our company didn't want to take it that far and we just had our corporate security folks recover the radio from him and put a little fear of God into him.
I can assure you that the corporate security folks were probably far more effective (and surely more efficient) than the FCC would have been.
FMRS requires no license... You probably mean GMRS
You probably mean FRS.
Bruce, thanks for the correction. I'm not perfect, and you are correct, I meant GMRS. I get callsigns wrong all the time on POTA and have to hope someone spotted me. But, you're right. I made the mistake of getting my GMRS license only a few days before the FCC decided that they'd lower the fee.
Thank you for taking the time to remind that the FCC does not fool around, they mean business.
Yeah! They sure stopped those telemarketers!
@@SHlTHEADJOE I invite anyone to try to stop them, it's an impossible task, even for the FCC or any other govt agency.
Well, it does me good to hear of a ham malfeasant who creates harmful interference actually getting his hiney whacked a little. Having passed at least one test that INVARIABLY includes questions about how to operate legally, that he knew better is without question. My bet is that he was not actually making any bona fide attempt to help, but was doing it because he could. Maybe he wanted to feel himself to be a hero or to feel like he was actually some part of the emergency operation. Either way, though, he stepped in that bad smelling commodity found in barnyards. Not much makes good hams any more aggravated than a ham acting in such a manner and bringing discredit to the thousands upon thousands of hams who take care to do things right each and every time they key up their transmitter. I'm glad he was identified and caught and will actually suffer some penalty from his ill conceived activity. 73 DE KI4FZT
I agree. He may have been like those annoying bastards that, when they see the blue lights flashing on the interstate, slow down as they drive by, not for officer safety, but in the off chance they can see someone's eyeball hanging out, or arm cut off, and then tell all their friends how "horrible" it was. Meanwhile all the rest of us with good sense are screaming JUST DRIVE YOU JERK!
@@j.d.-alawyerexplains5064 Amen - yea verily!
What about transmitting on 11 meters? 11 meters used to be a Ham band.
The FCC will never see a dime ... RE: K3VR : K1MAN ...
i have extra wire left over from an electric fence and i'm thinking of using a taser to create some kind of transmitter with it. what would give me the best range, to put the wire up in a tree or along the road?
Interesting question. I am a lawyer, not an electrical engineer. I would suggest contacting the Taser company to find out if they have any guidance for you.
Lol wut?
@@j.d.-alawyerexplains5064 i was just kidding. i was hoping some people would get all up in arms to tell me the FCC is going to come after me :)
That would be a spark gap transmitter which are totally illegal to operate these days, although you could run experiments with it inside a faraday cage 😊
@@RobR386 not too bad although it wouldn't necessarily be a faraday cage because of the ac nature. something about hole size and frequency but i don't remember, thickness maybe too, something about skin effect but i also don't remember :P
When reading from a script, put the script above or below the camera or try to look into the camera frequently.
Thanks, I try not to read from a script. Learning to talk naturally to a camera is not a skill people are born with, but reading a script would be even less normal for me. I sometimes do notes, but usually I just go with what I know. I do sometimes read from cases, and I try to cover my ugly mug with the case law segment when I do. But thank you for the feedback. I appreciate it.
In a few of the radio forums that I participate in, there's hardly a day that goes by where someone isn't looking to jailbreak a radio or attempting to network the thing. Plenty of evidence right out there in your face or anyone else that chooses to look at it.
Well, there are just some guys that have to pee on the electric fence I guess.
Since he works in the two-way radio industry I'm surprised he doesn't have a commercial grade all-band radio like the Harris XL-200.
OK, so here's a question thats been rolling around in my head for a bit: Is a RUclips channel that's "Monitized" a violation of Part 97s restriction on using ham radio for commercial purposes? Good report and explanation.
You can't use the radio itself for commercial purposes. Part 97 has nothing to do with what you do online.
I don't think so as long as you are not directing someone to the channel on the air. If you're out there saying you only take contacts from channel members...maybe so. But I think generally YT is good for ham radio in that it is getting more people involved. Videos are monetized, but that's not a huge concern unless you're using the radio to drive the viewers.
FCC Civil Rights Complaint asks for enforcement of Communications airways
Too many Laws!
Good info on a bad ham.I have a feeling that you're looking at the video of yourself or someone interviewing you. Try putting the camera at eye height and looking right at the camera lens so the viewer thinks you're talking to them.
A valid criticism, but It is a physical disability. I have Strabismus, and I am a "monofixater" according to the eye doc. I only look out of one eye at a time. One eye was focused on the lens, and the other on the screen, and I can see where it would be annoying. I'll try to do better and just look out of my good eye going forward. I get the other one fixed sometime in July, and hat should help. I do appreciate honest feedback. So, thanks again.
@@j.d.-alawyerexplains5064 ahh, I do apologize. No offense meant. I work in tv and like to try to help creators.
@@amishjim Nah, not offended at all. I've lived with this for 66 years. About 10 years ago I was interviewing a doctor in a federal case and the doctor said "just pick a damned eye and look at me with it!" I didn't realize I was irritating until he explained it in that very sensitive way. lol. Life is full of various challenges. I can assure you that I found nothing the least bit offensive in your post, and you did provide feedback I needed. I should have re-shot the video. And, if you want to be successful in any business, it's a good idea to listen to people who know more than you do. So, I appreciate what you said, and the way you said it. Have a terrific day my friend.
@@j.d.-alawyerexplains5064 I have the same issue. I look with one eye and the other shifts away. I can then mentally access what the other eye is looking at. I can’t process both at the same time. There was a famous post office case about a letter carrier could process both eye’s at the same time. Apparently he could drive with one eye and sort the mail at the same time. Consequently he could outperform other letter carriers by a huge margin. Management tried to exploit this and give him longer routes. He took them to court and won.
@@amishjim Where did you find an Amish TV station to work at?
Ok the FCC fined this guy. But does the US Justice department and his lawyers have the final say to what the fine will actually be ?
Well, the final say would, in a case where the FCC moved to enforce the forfeiture, be the ruling of the judge in the case. The way this works, they send the notice of forfeiture and the guy either pays or doesn't pay, and if he doesn't pay, he can contest the amount of the forfeiture. To do that, he'd need to have a lawyer. If the FCC agrees they negotiate an amount that both can live with, and it's done. If the FCC says "no thank you" then the FCC, through the DOJ, files an enforcement action in federal court in the district where the offense took place. The defendant then gets an opportunity to put on a defense, but in this case, with the admissions on video, and it being a civil, rather than criminal matter, summary judgment would likely be entered for the FCC. The FCC could then use any legal means (garnishment, seizure of assets, etc.) to satisfy the judgment, which would start accumulating interest if not paid. Some lawyers live for this kind of law. I'm not one of them. I want to keep clients far away from such things, and that is why I advise to follow the rules.
@@j.d.-alawyerexplains5064 Well said. So these leads to anther question. Is Violation or violations of 47 CFR Part 97 rules "Criminal" Or "Civil" I notice the FCC does not seem to care about violations unless it draws attention to something. Personally I would love to see the FCC start hammering down on 47 CFR Part 95. And bust all these illegal CB radio operators.
For the most part all Part 97 violations are civil in nature, but of course, they can become criminal when they cross certain lines. For example, using your Baofeng to communicate during a bank robbery. You'd draw a federal charge on the bank robbery, and a federal charge on the violation of the FCC Act. They'd probably drop the latter to get you to plead to the former. Of course, anyone who would risk 10 years in federal prison to score $3,000 (the average take in a bank robbery) probably isn't thinking all that clearly anyway. I always said I wouldn't do this, but back in the day...(when someone says that, prepare for a war story) ... I had a CB radio and used the handle Ground Control. Never transmitted over 5w, never had a linear, and we were always worried about "Uncle Charlie" swooping down on us. Every time someone saw a white or black van with more than one antenna, everyone went radio silent. We used names we all knew for meetup places under the theory that FCC was listening to every word. We were stupid. The FCC couldn't have cared less as long as we were under 5 watts. And we stayed mostly on Channel 6. I am with you, though, those idiots with linears on 11 meters need to be put out of our misery. Thanks for some great comments.
You're wasting your time. The individuals that disregard the regulations and laws... They are not going to lawyer up. They are going to re-offend until acting out becomes more painful than the enjoyment of violating sociatal rules and expectations. I'm glad both the fire service and the FCC followed up on this. The offender has more going on than just keying up out of band though.
I was an electronics tech in the service and like many hams could modify a transmitter but why, would I want to stick my nose where it doesn't need to be and in fact could cause confusion or loss of life.
You wouldn't, and you're a smart man to realize that. Get your Amateur license and come join us on the airwaves my friend. You have 99% of the content in your brain already.
@@j.d.-alawyerexplains5064 Thank you for the invitation, since I retired a few years ago, I needed a hobby, so I did get my license, I monitor 3 repeaters that our club recently put back on the air and spend a lot of time on 75 meters. ✋73's🎙KD9OAM🎧📻📡
You suggest he should have given his Amateur Radio Callsign as an ID - in this context, his ham call has no special access, right?, so wouldn't that be like showing your Dollywood Season pass when asked for your Drivers License? How would him providing his ham call have changed things?
The reason I suggested it is that if you identify by callsign, identify as an amateur operating out of band, and state that the call is for the protection of life or property, under the rules you're probably okay for the FIRST transmission. After you're told to cease, there is no longer any protection. He not only did not identify, he said he was a "comm tech." They had to go find him, and worse, he didn't lawyer up when the FCC showed up.
@T.J. Kong I suspect he knew what he was doing was wrong, and did it anyway. I agree that makes his mental competence suspect.
It's more like using your Sam's Club ID as a photo ID. It provides some measure of who you are, and what you know. It essentially shows you are acting under a claim of right, and are not hiding your identity because you believe you're doing the right thing in an emergency situation. But, yes, I suppose there is an element of the Dollywood thing going on. He didn't do that, of course, he called himself a "comm tech." That's an attempt to obscure identity, which of course indicates some knowledge of guilt.
@@j.d.-alawyerexplains5064 Just giving a name and location would have been just as valuable (or more-so) IMHO. Everyone knows how to use a name to identify a person, not everyone knows what a callsign is.
Serves the guy right. He knew the rules, he CHOSE to break them, and now he's liable for the consequence. I think a $34,000 fine is LITTLE outrageous though, whatever he might have done, it didn't stop the world rotating, didn't cause the sun to go out and didn't make anyone less rich or less poor. The HUGE fine won't deter idiots either, but at least all the FCC peoples kids will get a PS5 for Christmas this year.....if they went after some of theses asshole cowboys running 5Kw amps and bigger, then I could understand it, but a HT, at 5w ? How far away could he have been heard anyway? And what damage did he really do ? DId he cause a death or something?
No, no death, but he had GMRS and Commercial radio licenses too, and they were trying to make a point. I agree that 35K is a lot of money, and we don't know if he challenged it or had to pay it at this point. I suppose I should do some research and find out.
FRS has no license requirement
@Rich Sobocinski FRS and GMRS use the same frequencies. It is unlicenced in Canada as long as the broadcast strength is less than 2 watts. GMRS is licenced in the United States.
@@pleasureincontempt3645 I don't understand what that has to do with my comment
Like 11m CB, it's now probably an implied acceptance of license compliance upon purchase & use.
@JAFO it's either licensed or not (it's not). There's no such thing as "implied license". There may be some common rules of etiquette, but that is not a license.
@@RichSobocinski *WRONG! - But thank you for playing!*
There is no FRS license, it is license by rule. I believe you meant GMRS license.
If I said FRS then, yes, I meant GMRS. Half the time my tongue doesn't know what my brain is doing.
@@j.d.-alawyerexplains5064 That is typical of most lawyers. It's no recommendation.
I thought it was perfectly legal to own a modded radio, or to mod a radio, just not broadcast the radio. You said it was illegal to own a modded radio in the opening statement.
You cannot modify a part 97 device (Ham Radio) to operate out of amateur allocations (Part 90 frequencies). The only exception is for MARS use. But, you should have a MARS license. Most of the Baofengs and other Chinese radios are listed as Part 90 devices. You can modify a Part 90 device to operate on Amateur (Part 97) frequencies. IMO, there is no reason to modify your radio to transmit outside of amateur allocations. Again, with MARS as an exception.
@@toddschutter6535 You need to mod an old radio to get on 60 meters. Thats a legit reason.
@@extreme978 , that's also an amateur allocation. My comment referred to modifying your radio to operate out of band. Also, the vast majority, if not all modern HF rigs include 60m coverage.
you can have fun on HF without breaking laws .
7.200Mhz
Nobody pays those fines they don’t do anything about it. I’ll certainly never pay them a dime.
If you don't pay the forfeiture, they can and will come take your property, file a lien on your house, and take other collection measures. It is very unwise to play with the federal government.
PROPERTY is defined as an emergency situation. Sorry bud.
He should of told the FCC I am Nancy Pelosi husband
Seems a bit severe to financially snuff out this guy, though I would never have done what he did. Do they need a warrant if they come a knocking? 73 DE W8LV BILL
They don't need a warrant to knock and ask to enter your home. You do not have to admit them, and you do not have to talk to them. If they have a warrant, they knock, show you the warrant, and then they come in whether you like it or not. So, no warrant, no entry. Never speak to a federal agent about anything. That's the safest position for anyone to take. There are a lot of people who were in DC on 1/6/21 and who did nothing criminal who are now jailed not because of what they did, but because they talked to the feds and admitted them to their homes. I support law enforcement, but the warrant requirement exists for a reason. It prevents fishing expeditions.
As a FCC licensee they have the right to inspect your station. Since they had a complaint from another government agency they kind of upped the ante. They normally start with an advisory notice. Just a letter that says knock it off and we'll get along just fine. Next step is notice of violation. An answer is required. You may even get invited to a meeting with them. They were still playing kind of nice by sending the agent who knocked on the door and asked to come in. As the host said, when the agent started asking questions about the incident. The guy should have said, I think I would like to consult my attorney before we go farther. The ultimate level of you really piss them off. The agent comes back with an arrest warrant and uniformed U. S. Marshalls. Personally, I'm glad the idiot got thumped.
@@merlingriffin3861 Yeah, he should never have said a word. But, more importantly, should never have done what he did.
You failed to mention if he got Miranda before he confessed.
Thank you for a great question. Miranda v. Arizona was a criminal case. It doesn't apply to questioning in your home when you are not in custody. It applies only to custodial interrogation. So, that's why the cops always invite you downtown to the station to talk to them, and don't place you in custody. If you say something, you're hosed, because they had no duty to warn you. This is why the ONLY response to "we have a few questions" is "let me call my attorney and set up a time to talk." Yet, in this case, a forfeiture is a civil matter. It is the government using the civil law to go after a bad actor's property, not his freedom. Lots of times a forfeiture will include seizing equipment, but usually it's monetary. In a civil case you have no right to Miranda warnings. That's because as long as you don't blurt out "it was me on the grassy knoll" or words like that, the worst they can do is strip your license and make you a poor person. You'll still be free. But this is a great question because so many people fail to understand when Miranda applies. The cops like that. They invite you to the station and the bad guys think "these fools didn't give me my rights" and confess, and then later try to suppress it with a motion saying they never had their rights read. The problem is that they were not in custody at the time they blabbed. So, get used to wearing stripes. Thanks again.
@@j.d.-alawyerexplains5064 Sometimes I don't know how anyone can be a defense attorney because except for experienced and disciplined organized crime operators, pretty much all of the clients have screwed themselves by the time they contact the lawyer. I've never seen or even heard of a minor drug possession charge which was not the result of some fool consenting to a search, thinking that they wouldn't find it or else that their honesty would somehow be rewarded by leniency.
I would think "winging it" is even worse in civil matters in some way because the burden of proof for the government is even lower.
@@kenofken9458 Hey, stupid people keep criminal lawyers in business. That's the truth!
A couple things that come to mind. #1 on day one, he did wrong. Period, end of story. He broke the law. He may have gotten away with #1 except for #2 he continued to transmit the second day despite clear instructions from the authorities conducting the operations. This is STUPID. Therefore no attorney should defend his actions nor try to get him off lighter. Because attorneys do this very thing frequently, crime in all its forms continues to skyrocket. Getting guilty criminals off makes a mockery of our laws and justice itself and makes other innocent people suffer more restrictions.
Under our Constitution, everyone is entitled to a defense of criminal charges. This is not a criminal charge. This is a civil sanction, so, he isn't entitled to a lawyer; he has to pay one. If he had identified, followed the rules, and taken himself under the safe harbors in the rules (by identifying) he might have been okay on Day 1 as you say. But, you are correct that afterwards this is a black and white thing, and he was in the wrong. As a lawyer I have never viewed my job as being getting guilty people off (which sounds kinda nasty). My job is to make the state prove its case. My job is to challenge the evidence and the witnesses. I can point out where they're shading the truth. I can challenge the state's evidence, and I can ensure that constitutional safeguards are respected. But, that is all I do. I do not manufacture evidence. I do not put on perjured testimony. If my client says "yeah, I did it" to me, and offers to testify on direct that he did not do it, then I have to tell him to tell the truth, or I have to withdraw from representation. I cannot knowingly offer a lie to the Court. The rules prohibit that. Now, in the back of your mind you're thinking...gosh, lots of lawyers do this exact thing! And that is probably true. But an ethical lawyer understands his role, and does not get personally involved with the client. I had to defend a pimp once. Ordered to do so by the Court. He was a loathsome individual who essentially hooked girls on drugs so they would hook for him. He got convicted and received five 5 year sentences. Did I feel bad for him? No. Did I give him the best defense I could? Absolutely. That's the difference. Good lawyers never confuse themselves with their clients.
"Therefore no attorney should defend his actions nor try to get him off lighter." Ya cause no one should have constitutional rights! Right?
OMG is this another Letho stuff?
Funny you should mention it, I was just going through my cans of spray paint and still have a couple cans of *OMG* - Official Machine Gray.
Yep call a $20,000 dollar lawyer to tell you the same thing the FCC is going to tell you,, and you're down $20.000 plus the $30,000. Now if you have $20,000 to give the British BAR association fine, but I'll take my chances cooperating, But I will always give my call sign and I wont be transmitting out of frequency in the first place, It's not our Job to tell anyone anything on a radio,, so dont do it;) Thats some real strong legal advise from a man that has paid money and got nothing out of it in the ;past, cause these days the prosecutor tells the Judge what to do even if the Grand Joury equites you they still pick it up ;) so be nice and act nice on a radio that you are authorized to transmit on,.;)
I doubt many lawyers would charge $20K to help you with a matter like this. But, you're right, if you play by the rules, you never have to worry about it.
Best thing to do if you think it is an emergency is to look the other way and keep on rolling.. not your problem.that is why no one gets involved anymore
I don't know that this is the best thing. It depends on your moral outlook on life. If you believe in the law of circumnavigation (e.g., that which goes around comes around) then you naturally hope that in your hour of need someone will be there to help you out. I carry a firearm because I believe that we have to be our own first responders, and I refuse to let my wife be a victim of anyone. There is no LEGAL duty to rescue. But there is a moral duty, imposed by conscience, to act for the benefit of your brothers and sisters. I try to live by that rule. One day I may wind up seriously hurt because of it, but even knowing that can happen, it doesn't change my view. I do believe I am my brother's keeper.
@@j.d.-alawyerexplains5064 And everyone is carrying guns anymore and they're not careful about where they point the things when they empty them. Better to get a safe distance from the action and then call 911.
When YOU are the victim you'll think otherwise!
@@spaceflight1019 good advice!
I can only wonder why I don't see word one about this on the FCC website. It seems we have a Darren that thinks his thoughts and feelings are important.
Nothing will come of this, no money will change hands and nobody will go to jail. If by chance we see any reference of this case on the FCC transparency site wait to see it appealed. If not it's a done deal and we'll know somebody got a letter in the mail. That is all.
Perhaps because you never actually searched. 10 seconds with Google would have found you this: www.fcc.gov/document/fcc-proposes-fine-interrupting-communications-during-wildfire/rosenworcel-statement You could potentially be right that the fine will be reduced if he gets a lawyer and forces the FCC to file an enforcement action, but his actions were willful, repetitive, and like an idiot, he admitted on video that he violated the regulations. He failed to properly identify, and he failed to follow Part 97 regulations. I will happily accept your apology.
I remember when doing my Technician classes, one of first things was the only time we could transmit out of band was a life-threatening situation and no other forms of communication. It is as simple as that. He deserves his NAL, and have his ticket pulled. Amateur Radio Operators like hom give us a bad name. KCØKM
I agree, especially where, as here, he has both an Amateur, GMRS and commercial radio license.
Ham operators like him don’t “give us a bad name.”
They just give THEMSELVES a bad name!
@@BBaldwin Fair point!
Surplus radios that transmit on the Federal VHF frequencies are not hard to come by. But man, what a mistake to jump on the air to "help out".
There was another case where someone was useing CA] frequency. He was told that he was operating on CAP frequency and to stop. CAP frequency are US Military frequency. Big mistake 1! Big mistake ² was when when he was told they were telling the FCC he made a commit what the FCC can do with themselves. You do not ever tell a federal agency what they can do!
Some folks just have to pee on the electric fence, I guess. That fellow was not the most powerful final transistor in the radio, was he?
We get hams that do this all the time when Storms move in. The come out of the closet just to be heard. And inflate their egos.
While storm spotters serve a purpose and provide useful info to the NWS, listening to some of the reports ("big hail" as opposed to pea size, golf-ball size, etc.) makes you wonder if they paid attention in class. I can honestly say where I am that most of the spotters are good guys who try hard to provide a service. But, the "inflate the ego" types are alway out there too, and I've found that neither Noise Reduction nor Noise Blanker works on them. lol.
@@j.d.-alawyerexplains5064 I am Storm spotter certified. But mostly listen to reports coming in. And if I do see something that needs to be reported to the NWS (In my case Fort Worth TX) I often send in a picture and Tweet to them with twitter. Because often times there is so much traffic on the weather net. True reports get missed. Because someone just wants to be "Heard"
@@kg5pte I have seen it said that all of us have a need to be heard and feel involved, particularly in times of emergency. As a respiratory therapist for 13 years, and a guy who attended almost 1,000 "code blues" it was often the case that I had the job, at the head of the bed, calming everyone down, so that not everyone talked at once. This is the job of net control, and its why you need a great one. Every person in the hospital room was interested in saving that life, and didn't recognize that their zeal impaired the outcome. I think you get some of that in a weather net and you absolutely need someone to assert control. And good for you for using alternate means to get the information to NWS. That's smart. Sometimes we get so used to using the hammer we forget not everything is a nail.
@T.J. Kong Yep as long is everythng is up and running. But right now in Lee county Florida I sure hams are helping. And AT&T and Verizon and Star link are getting the internet up. But yes primary comms need to be used first.
@@j.d.-alawyerexplains5064 I’m a respiratory therapist, and for longer than 13 years….the job at the head of the bed is airway, not to calm everyone down. You’re making yourself sound just like the exact people you’re complaining about here.
good glad they got him .can not fix stupid
the FCC is pretty generous for the most part you have to be a real bozo to get it trouble like this.
Yes. Except, you don't have to wear the big red nose, you just have to act like a giant jerk. Thanks for a great comment.
@@j.d.-alawyerexplains5064 lol good one!
You're not looking DIRECTLY into the camera.
You look like you're looking into a teleptompter adjacent to the camera instead. Just FYI. 73 😁
I know it looks that way, but that is a symptom of an eye condition called strabismus. Strabismus, in my case, was the consequence of being born prematurely. My eyes do not track together. I can look at you with my left eye (and my right eye wanders) or I can look at you with my right eye (and my left eye wanders). While surgery when I was young would have fixed it, they tell me now that it would not help. My brain has gotten used to using one eye at a time. Sorry it appears distracting. If there was a way to do something about it short of an eye patch (I mean, after all, it's a legal channel not a pirate channel) I would do it. But the doctors tell me there isn't anything to be done. Thanks for caring enough to point it out. I appreciate you trying to help me out. 73 de AD0DQ
Bro you not gonna get a 34000 fine for using your CB Radio on channel 41. Also, there is no such thing as CB Radio Police, who makes interviews with you. You've been watching the movie Convoy too much
You are certainly entitled to believe what you want. The FCC files are full of people who had their equipment seized and received substantial fines for violating the rules. While that usually starts with a complaint by another operator, the FCC does have investigators, and had you bothered to read the report of the case, an FCC agent with a body cam interviewed the wrongdoer in that case. I've never seen the movie Convoy, but I did own a CB radio from 1974 - 1980. I even remember my license (KZL5662). In short, you have gaps in your educational knowledge. Those gaps could cost you.
@@j.d.-alawyerexplains5064 Trust me no FCC Police are gonna come here and retune my radio or take it. That is unlikely. p.s are There even photo`s of those ''CB radio FCC agents' out there? Is there some proof someone got a fine for using channel 41?
@@VicGreenBitcoin You are the perfect example of the wisdom of Confucius: many receive advice, but only the wise profit from it.
@@j.d.-alawyerexplains5064 What advice? Do not use channel 41 or triple 5?
Back in 1995, I dug out an old CB base station transceiver that I bought back in 1970 and decided to mess around. I bought a power supply from a ham dealer, then some copper wire and some other components from Radio Shack. Then I soldered together a broadband linear amplifier from a kit, strung my copper wire along the moldings near the ceiling in my apartment, hooked up my CB to my amplifier, and I was ready to go. Keying down on the mike I said: Hello skipland...any skip out there tonight? Break break...and so on. And I did this night after night, for maybe a couple of months. One afternoon while I was standing on my veranda, a neighbor below me on the ground floor of the complex shouted up to me that there's somebody called "skipland" that's blasting his television set, and that it's driving him crazy. I told the neighbor that I had no idea who it could be - this "skipland" - but I'll keep my eyes and ears open. But I shut down my radio after that - who knows how much tvi and Christ knows what else I may have been chucking! This poor guy - he just wanted to relax and catch some tube after a hard day's work - and all he can hear after cutting on his tv is : SKIPLAND, SKIPLAND, SKIPLAND,... BREAK, BREAK, BREAK, ...! Well, nowadays I just like to listen in on the hams...and on the CBers... but if I ever star transmitting again, it will be done in such a way that I will never cause annoying interference again!!!
he says he is a lawyer. yet he shows the 1 way tx rule not out of band rule.. hahhaha good lawyer not
Remember the good old days when law enforcement officers were required to read Miranda? Good times.
Only if they are detaining you
Oh brother...just comply and stop being arrogant. What's the purpose of him using this freq?
I wish you would look at the camera!
I have strabismus. I've had it from birth. It's a consequence of my premature birth. I can only focus with one eye at a time, so even when I look directly at the camera there is always one eye going off on its own. I try very hard to change positions and minimize the impact, and I will continue to try to do better. Thanks for understanding.
@@j.d.-alawyerexplains5064 I do sincerely apologise. Forgive me please.
@@donalfinn4205 No apology needed; you had no way of knowing and I understand it's unnerving. No worries on this end my friend. Thanks for watching and thanks for contributing.
Thanks for your understanding. I wish you well for all time.EI3KY ☘️
The guy is a dork and needs to surrender his license.
Naw, he just needs a new call, something like NDØRK
Haha, Americans
Licensed in FRS? I prefer my lawyers to know what they are talking about! I stopped watching when he said the guy had an FRS license.
Yeah well living in southeast Wisconsin some idiot kept on jamming and using my call sign on Public Safety frequencies therefore I lost my license because of some dumb ass out there screwing around because he didn't like the way I was on the radio as far as monotone voice goes so I got picked on and ultimately they got their way the Jammer from the local ham radio club had won no I'm ineligible for any license anymore whether it's ham or gmrs and there was no attorney ever able to back that up at all nor will there ever be because it's too late damage has already been done
That's awful. Amazing that someone could steal your callsign like that and cause you such trouble.
I thought older lawyers became judges. What happened?
I was too cheap to make political donations. BTW, I appreciate the "older" and your kindness in not describing me as "crusty old.." 😀 Have a great day my friend.
no one person or company owns the air wake up
I don't believe I said they did.
Can you (or anyone) cite a single case in the past (5) five years where the FCC has either collected monies -OR- confiscated property/assets of a Amateur Radio operator?
I am an ex-OO/VM who resigned once finding out there is ZERO Part 97 enforcement except, as you correctly state 1) malicious interference impacts First Responder response or 2) out of band a.k.a. pirate radio operators...anything else there are no remaining FCC office or field staff assigned to regulate bad actors within the Ham frequency allocations.
The ARRL VM program is nothing more than disguised illusion of a liaison to FCC enforcement.
All RH is doing is sending "you were heard being naughty...cut it out" like letters on ARRL letterhead that the hooligans on 7.200MHz, 3.927MHz (nightly), etc. wear as a badge of honor.
See for yourself by visiting the ARRL VM page where not a single required monthly report is posted. www.arrl.org/volunteer-monitor-program
Worse than that, click on the 2022 VM reports to see how feckless this program is when it comes to enforcement.
Then visit the FCC AMAT (Amateur Radio Service Enforcement) page and click on the listed actions, all 2018 and earlier (curiously the $34K fine discussed here is not listed) www.fcc.gov/tags/amateur-radio-service-enforcement-amat
The ARRL VM program is nothing more than a marketing ploy to attract membership dollars. Word.
I will look into this.
@@j.d.-alawyerexplains5064Your findings?
I enjoyed this video a lot! 73 de K6TJO
Thank you for your kind compliments.