Text 12122, 83 rader
Skriven 2005-04-24 00:55:26 av Ed Hulett (1:123/789.0)
Ärende: FCC on Ham radio
========================
For those who think they can flaunt the rules and operate a HAM radio without
passing the proper tests and acquiring the proper license, read the following.

Riley Hollinsworth is HAM radio's best ally in the FCC.

FCC ENFORCEMENT BUREAU REFERS TWO AMATEUR APPLICATIONS FOR HEARINGS

The FCC Enforcement Bureau has referred two Amateur Radio Service
applications to the Wireless Telecommunications Bureau (WTB) for hearings
because of enforcement-related issues. If they agree to go forward with the
formal proceedings, Yuriy Ryabinin, W3MMM (ex-KC2LLM)/UR5DEM, of Brooklyn, New
York, and Thomas A. Lynch Jr, K6COL, of Los Altos, California, would have to
appear in separate sessions before an administrative law judge (ALJ) in
Washington, DC. The ALJ would rely on hearing testimony in determining how the
FCC should dispose of the respective pending applications. Ryabinin has applied
to upgrade from Tech Plus to General, while Lynch is seeking to renew his
General ticket.

"It is apparent that you either do not have a sufficient understanding of
Commission rules or are disregarding Commission rules," FCC Special Counsel for
Enforcement Riley Hollingsworth told Ryabinin and Lynch in separate letters
March 11 and March 16, respectively.

Issues involving Ryabinin's amateur operation in the US attracted the FCC's
attention in 2003, when the Commission notified him regarding his alleged
operation during contests on frequencies not available to him as a Technician
class licensee. The FCC accepted Ryabinin's November 2003
explanation that he was confused about the privileges available to him in the
US under his Ukraine licensee. Because Ryabinin is a US citizen and already
holds an FCC Amateur Service license, the Commission reminded him in January
2004, he does not enjoy reciprocal operating privileges in the US and must
operate under the privileges his US licenses allows.

Ryabinin passed the General examination in March 2004 and submitted an
upgrade application. The FCC last June notified him that it was reviewing his
application as a result of information that Ryabinin had submitted logs showing
he'd operated outside of his Tech Plus privileges five times during the 2003
ARRL 10-Meter Contest.

Responding last July to the FCC inquiry, Ryabinin again pleaded a mistaken
understanding of the rules and "fatigue during competition," and said he would
not repeat the errors. Hollingsworth said Ryabinin's explanations of the rule
violations were "not acceptable," however.

Hollingsworth further noted that the ARRL last October disqualified
Ryabinin's single-operator, low-power entry for the ARRL International DX
Contest (CW), in which Ryabinin operated as KF0R, then issued to the DX Venture
Club of New York City. Whether or not Ryabinin operated under the direction of
a qualified control operator, Hollingsworth said, he apparently violated FCC
Amateur Service rules either way.

In Lynch's case, Hollingsworth noted complaints dating back about a year
regarding alleged interference, as well as at least one instance of
operating outside his General class privileges. "Your responses have been
inadequate," Hollingsworth said, adding that monitoring information
"continues to show your apparently deliberate interference" on 40-meter SSB,
including complaints as recent as February 2005.

Lynch's license expired March 28, 2005. Since he filed a timely renewal
application, he will be permitted to continue operating until the FCC makes a
decision on whether to grant his application.

At some point, the WTB is expected to issue a Hearing Designation Order to each
licensee. Hollingsworth noted that the burden of proof in such hearings is on
the applicant, not the FCC. In the meantime, Hollingsworth warned both
licensees that fines for any violations such as out-of-band operation or
deliberate interference normally range from $4000 to $7500.


Material from The ARRL Letter may be republished or reproduced in whole or in
part in any form without additional permission. Credit must be given to The
ARRL Letter and The American Radio Relay League.

_________________________________________________________________


Now, what was that you were saying about just buying the equipment and
transmitting "if anoyone has a problem with that, tough," Tim?

Ed

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