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![]() (Moderator's Note: Only FCC Part 97 Amateur Radio related actions are shown below.) Daily Digest Vol. 34 No. 237 December 1 8, 2015 * * * * * [...] WILLIAM F. CROWELL. Notified William F. Crowell, licensee of station W6W BJ, Diamond Springs, California, of his Apparent Liability in the amount of $25,000 for intentionally causing interference to other amateur radio oper ators and transmitting prohibited communication. Action by: District Direc tor, San Francisco Office, Western Region, Enforcement Bureau. Adopted: 12 /17/2015 by NALF. (DA No. 15-1438). EB https://apps.fcc.gov/edocs_public/ attachmatch/DA-15-1438A1.docx https://apps.fcc.gov/edocs_public/at...-15-1438A1.pdf (Moderator's Note: Amateur or Part 97 match found in contents linked at URL: ) NAL/Acct. No.: 201632960001 Licensee of Amateur Radio Station W6WBJ ) FRN: 0014454912 Diamond Springs, California ) [...] 1. We propose a penalty of $25,000 against William F. Crowell for intentionally causing interference to other amateur radio operators and transmitting prohibited communications, including music. Amateur radio frequencies are shared and licensees may not monopolize any frequency for their exclusive use. Deliberate interference undermines the utility of the Amateur Radio Service by preventing communications among licensed users that comply with the Commission's Rules. Mr. Crowell's deliberate interference to other users, using voice, noises and music, directly contravenes the Amateur Radio Service's fundamental purpose as a voluntary noncommercial communications service to contribute to the advancement of radio art, expand the existing reservoir of trained operators, technicians, and electronic experts, and continue the amateur's unique ability to enhance international goodwill. 2. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Mr. Crowell, licensee of Amateur Radio Station W6WBJ in Diamond Springs, California,1 apparently willfully and repeatedly violated Section 333 of the Communications Act of 1934, as amended (Act), and Sections [...] 3. On August 25, 2015, in response to multiple complaints of interference, primarily from members of the Western Amateur Radio Friendship Association (WARFA),3 agents from the Enforcement Bureau's Western Region (Western Region) used mobile direction finding techniques to [...] 1 Mr. Crowell's current amateur license renewal application was designated for hearing because he "apparently willfully and repeatedly engaged in and continues to engage in unlawful Commission-related activities, including, but not limited to, intentionally causing interference and/or interruption, transmitting music and one-way communications, and using indecent language on amateur frequencies." William F. Crowell, Hearing Designation Order, 23 FCC Rcd 1865, 1865, para. 1 (WTB 2008). [...] conducted an inspection of Mr. Crowell's station, and warned him that his transmissions were not in accord with good amateur practice and violated the Communications Act and the Rules. Mr. Crowell acknowledged that he was transmitting the night before, that he transmits on most nights, and that one of the [...] 5. We find that Mr. Crowell apparently willfully and repeatedly violated Section 333 of the Act and Sections 97.101(d) and 97.113(a)(4) of the Rules by intentionally causing interference to other amateur radio operators and transmitting prohibited communications and emissions, including music.5 Section 503(b) [...] with the communications or radio signals of other stations."13 Section 97.101(d) of the Rules states that "[n]o amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal."14 7. On August 25 and 27, 2015, Western Region agents located the source of interference to the WARFA net's operation on 3908 kHz to the address of record for Mr. Crowell's amateur station, W6WBJ. The agents, and the HFDF Center, heard Mr. Crowell's amateur radio station intentionally interfering with other amateur licensees by transmitting on top of other amateurs attempting to transmit as part of the WARFA net and repeatedly interrupting other amateurs using noises, recordings and music, so as [...] 14 47 C.F.R. § 97.101(d). See 47 C.F.R. § 97.101(a) (stating that "each amateur radio station must be operated in accordance with good engineering and good amateur practice"). 15 [...] asserted both orally during the inspection and in writing that playing recordings did not violate the Rules, and that he would continue to operate his amateur station as he had been doing. On August 30, the HFDF Center observed Mr. Crowell using his amateur station to engage in the same types of intentional interfering transmissions during the meeting time for the WARFA net. We find that Mr. Crowell's transmissions were deliberate acts to prevent other amateur radio operators from conducting legitimate communications.16 Based on the evidence before us, we find that Mr. Crowell apparently willfully and repeatedly violated Section 333 of the Act and Section 97.101(d) of the Rules by intentionally interfering with other licensed amateur radio communications. B. Transmitting an Unauthorized Emission [...] 8. The evidence in this case also is sufficient to establish that Mr. Crowell violated Section 97.113(a)(4) of the Rules. Section 97.113(a)(4) of the Rules states that "[n]o amateur station shall transmit . . . [m]usic using a phone emission except as specifically provided elsewhere in this section."17 On August [...] asserted both orally during the inspection and in writing that playing recordings did not violate the Rules, and that he would continue to operate his amateur station as he had been doing. Based on the evidence before us, we find that Mr. Crowell apparently willfully and repeatedly violated Section 97.113(a)(4) of the [...] 16 Mr. Crowell's actions directly contravene amateur radio service's "fundamental purpose as expressed in the following principles: (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications. (b) Continuation and extension of the amateur's proven ability to contribute to the advancement of the radio art. (c) Encouragement and improvement of the amateur service through rules which provide for advancing skills in both the communication and technical phases of the art. (d) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and electronics experts. (e) Continuation and extension of the amateur's unique ability to enhance international goodwill." 47 C.F.R. § 97.1. 17 [...] August 25 and 27, 2015, Western Region agents observed Mr. Crowell causing intentional interference to other licensed amateur operators, using voice, noises, music, and recordings, including sexual, racial, and ethnic slurs and epithets. We propose a forfeiture of $11,000 for each day of the interference and ) [...] |
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