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![]() Well not quite all legal. Seems he must clean up his act in regards to the following items. Section 97.113(a)(2) prohibits communications for hire or for material compensation, direct or indirect, paid or promised. Section 97.113(a)(3) prohibits communications in which the station licensee or control operator has a pecuniary interest. We remind you that any attempts to threaten or intimidate Amateur radio licensees operating on the Amateur bands will reflect adversely upon your qualifications to remain a Commission licensee, and would be the subject of a license revocation or renewal hearing. By letter dated December 11, 2001, you were warned against the sending of your so-called "felony complaint affidavits" to various Amateur Radio licenses that you perceive to either cause interference to your station or which do not relinquish to you the frequency on which they are operating. Complainants were advised by the Commission to forward any such "affidavits" they received to the Commission, and that they could otherwise be ignored. The United States Attorney for your jurisdiction also warned you that the mailing of such "affidavits" is contrary to law. Apparently you have discontinued those threats. We also remind you that, in regard to the taping and broadcasting of telephone calls, you must comply with applicable state laws. In conclusion, failure to correct the deliberate interference caused by K1MAN, and the continued use of K1MAN for pecuniary interests, will lead to enforcement action against your license. Either would be sufficient to designate your renewal application for an evidentiary hearing to determine if you are qualified to remain a Commission licensee. An adverse finding in regard to threats to complainant licensees, or violation of state law regarding recording and broadcasting telephone conversations, would lead to enforcement action against your license and would be sufficient to designate your renewal application for an evidentiary hearing to determine if you are qualified to remain a Commission licensee. You would have the burden of proof in such a proceeding. The best thing that could happen to Amateur Radio would be for K1MAN to be taken off the air. |
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