01-09-2002, 10:21 PM
Re: the FCC enforcement. Relax. FCC is out there.
Why does it seem like it is 'taking so long and noting gets done'? Answer - Riley admitted, publicly, about 2 years ago at a PVRC meeting in Frederick, MD. that I attended, that there was an immense backlog of enforcement matters in the 'IN BOX' which had been ignored for many years. He said that his priority was to clean up the longest running, most egregious cases first and also attack the ones that come along as well -resources and time permitting. He is working them, but it takes time. Sadly more than we'd like, but there is progress, none the less. If you read his latest public statements, you'll note that he has publicly stated that the 10M fiasco with freebanders and the like is now the next priority item on his list.
RESULTS - If you follow the FCC enforcement actions (and I do) over the past 2 years you will see that several of the long standing, long festering cases have been resolved. Many of the smaller cases have been resolved as well. W6IBD is well known to the Commission and has been 'on the list' for keeping an ear upon for quite a while. How do I know? Simple. I used to work for the FCC at Laurel MON station and I saw the records and reports.. that's how. Plus being x-FCC I still keep in touch with friends 'on the inside' and they bring me up to date on cases as well during shoptalk bull sessions. They don't reveal ongoing case work or evidence being gathered, but they give me broad outline summaries of things that are active.
Whydoes it take so long? Because what you are doing is building a legal case which requires evidence, documentation, and time to produce, develop, and assemble in a manner that is suitable for prosecution in a court of law. Why? Because if the accused WANTS to push it that far, they have the absolute right to do so and the FCC obeys the Constitution. Therefore, they MUST build a legal case which can be (if required) taken to a court of law and adjudicated in that venue.
There is LOTS that occurs 'behind the scenes' like evidence gathering, monitoring, documentation, on scene work, that you NEVER hear about and NEVEr makes the 'papers'. You never see it displayed in the public notices about enforcement. BUT! believe me.. it's there and it has to be right and supported or it will be tossed out.
Additionally, a lot of cases that are solid are simply put on hold due to the legal side of the FCC or the United States Attorney's office deems them not as high a apriority as they ought to be and they are put on the list of 'cases to do' and held in abeyance until something pushes them higher up the ladder. Riley HAS done a great job of helping educate the United States Attorney as to the value and worth of pursuing 'low value (i.e. monetary worth or low public profile value) cases involving Amateur Radio. It takes time.
You are asking Riley to solve problems in one year or so that have been festering for over 10 years. Aint' gonna happen, pal. It will get done, but you have to help.
Sorry to say.. reality is that $$ drives the car. That's why YOU.. yes YOU and I.. have to help. Gather evidence. It's not hard. It's fairly easy to do, but it must follow a protocol to be legally acceptable and usable. Submit it and continue to follow through. Don't expect miracles, but do be persistent. Yes.. it's frustrating.. but it DOES work. The FCC does the enforcing, but you'd be surprised.. really surprised.. I think, to find out just how valuabel the tips and information provided by non-FCC folks is when presented in a format that is usable and legally supportable. I used to get tips and help all the time when I did enforcement at Laurel. Believe me.. it works! You don't hear much from the investigative side, that's normal. But you must know it's working.
As to the right of a repeater trustee to deny you the right to use a machine - that has been adjudged proper, correct, and allowable by court ruling. It is codified in FCC rulings, upheld by review, and you'll find it talked about in Part 97, even. THe point in non-negotiable and to argue it serves no purpose. Reality is what it is. If you want it changed, then work to change the rules. Take it to court and fight it. You CAN choose to run simplex on the output or the input as well, but then you run afoul of the rules regarding intentional interference, so don't go there.
As one poster noted... If you aren't welcome on machine A, go find machine B. Trust me.. there are LOTS of them in W6 land around, W6IBD, and many are underused and/or lying fallow waiting for users. As a learned man once said.. 'No one stops you from exercising your right to freedom of speech, but nothing in the 1st Amendment requires or mandates that anyone have to LISTEN to it OR participate in its transmission!". You can talk about almost anything you wish, but if a repeater trustee/owner or other hams don't want to listen to it.. then you have to respect their wishes not to have their property and systems used to transmit what you say.
They are NOT infringing on your right to speak.. they are simply exercising THEIR right NOT to have to be a party to it.
The FCC has been required to step into the battle and regulate areas BECAUSE people such as W6IBD like to push the envelope, incite people into controversial discussions,and see how far he can go (a la WA4D, WD8LEU, and others) until the din gets so far out of hand that the FCC MUST step in and regulate and set rules and protocols in law. Instead of being flexible, now we are locked into some FCC rule we may not want. But.. as ye sow.. so shall ye reap.
I can, and will, be happy to share ways you can HELP the FCC and supply info that they will find useful. I've been there and done that. Oh yes.. for W6IBD.. I've been in this game for 33 years, hold an extra since 1978, worked INSIDE the FCC, hold commercial tickets, been active in Military, Government, local/Fed/State, done merchant marine radio officer duties, served with the Navy in the Persian Gulf, and worked in 'outside the FCC' venues assisting in evidence gathering for casework, as well as working in the broadcast industry so I've got the years, the experience, the credentials, and the knowledge to back up what I say. I mention that ONLY to answer your inevitable question (that seems to pop up frequently) 'What are YOUR qualifications,Mr K3FT' or 'come back after you've been around a few years' commentary.
As I told a number of people when I was at the FCC who asked 'What can I do to help?' ..'Be part of the solution .. not part of the problem. Control your emotions, gather your info, keep it factual and truthful, and document what you find, do, and learn. Be patient and accept the fact that sometimes what WE feel is important is not viewed as so important to others, but be patient, persistent,and never give up!
73
Chuck K3FT
Contact: k3ft@amsat.org
Why does it seem like it is 'taking so long and noting gets done'? Answer - Riley admitted, publicly, about 2 years ago at a PVRC meeting in Frederick, MD. that I attended, that there was an immense backlog of enforcement matters in the 'IN BOX' which had been ignored for many years. He said that his priority was to clean up the longest running, most egregious cases first and also attack the ones that come along as well -resources and time permitting. He is working them, but it takes time. Sadly more than we'd like, but there is progress, none the less. If you read his latest public statements, you'll note that he has publicly stated that the 10M fiasco with freebanders and the like is now the next priority item on his list.
RESULTS - If you follow the FCC enforcement actions (and I do) over the past 2 years you will see that several of the long standing, long festering cases have been resolved. Many of the smaller cases have been resolved as well. W6IBD is well known to the Commission and has been 'on the list' for keeping an ear upon for quite a while. How do I know? Simple. I used to work for the FCC at Laurel MON station and I saw the records and reports.. that's how. Plus being x-FCC I still keep in touch with friends 'on the inside' and they bring me up to date on cases as well during shoptalk bull sessions. They don't reveal ongoing case work or evidence being gathered, but they give me broad outline summaries of things that are active.
Whydoes it take so long? Because what you are doing is building a legal case which requires evidence, documentation, and time to produce, develop, and assemble in a manner that is suitable for prosecution in a court of law. Why? Because if the accused WANTS to push it that far, they have the absolute right to do so and the FCC obeys the Constitution. Therefore, they MUST build a legal case which can be (if required) taken to a court of law and adjudicated in that venue.
There is LOTS that occurs 'behind the scenes' like evidence gathering, monitoring, documentation, on scene work, that you NEVER hear about and NEVEr makes the 'papers'. You never see it displayed in the public notices about enforcement. BUT! believe me.. it's there and it has to be right and supported or it will be tossed out.
Additionally, a lot of cases that are solid are simply put on hold due to the legal side of the FCC or the United States Attorney's office deems them not as high a apriority as they ought to be and they are put on the list of 'cases to do' and held in abeyance until something pushes them higher up the ladder. Riley HAS done a great job of helping educate the United States Attorney as to the value and worth of pursuing 'low value (i.e. monetary worth or low public profile value) cases involving Amateur Radio. It takes time.
You are asking Riley to solve problems in one year or so that have been festering for over 10 years. Aint' gonna happen, pal. It will get done, but you have to help.
Sorry to say.. reality is that $$ drives the car. That's why YOU.. yes YOU and I.. have to help. Gather evidence. It's not hard. It's fairly easy to do, but it must follow a protocol to be legally acceptable and usable. Submit it and continue to follow through. Don't expect miracles, but do be persistent. Yes.. it's frustrating.. but it DOES work. The FCC does the enforcing, but you'd be surprised.. really surprised.. I think, to find out just how valuabel the tips and information provided by non-FCC folks is when presented in a format that is usable and legally supportable. I used to get tips and help all the time when I did enforcement at Laurel. Believe me.. it works! You don't hear much from the investigative side, that's normal. But you must know it's working.
As to the right of a repeater trustee to deny you the right to use a machine - that has been adjudged proper, correct, and allowable by court ruling. It is codified in FCC rulings, upheld by review, and you'll find it talked about in Part 97, even. THe point in non-negotiable and to argue it serves no purpose. Reality is what it is. If you want it changed, then work to change the rules. Take it to court and fight it. You CAN choose to run simplex on the output or the input as well, but then you run afoul of the rules regarding intentional interference, so don't go there.
As one poster noted... If you aren't welcome on machine A, go find machine B. Trust me.. there are LOTS of them in W6 land around, W6IBD, and many are underused and/or lying fallow waiting for users. As a learned man once said.. 'No one stops you from exercising your right to freedom of speech, but nothing in the 1st Amendment requires or mandates that anyone have to LISTEN to it OR participate in its transmission!". You can talk about almost anything you wish, but if a repeater trustee/owner or other hams don't want to listen to it.. then you have to respect their wishes not to have their property and systems used to transmit what you say.
They are NOT infringing on your right to speak.. they are simply exercising THEIR right NOT to have to be a party to it.
The FCC has been required to step into the battle and regulate areas BECAUSE people such as W6IBD like to push the envelope, incite people into controversial discussions,and see how far he can go (a la WA4D, WD8LEU, and others) until the din gets so far out of hand that the FCC MUST step in and regulate and set rules and protocols in law. Instead of being flexible, now we are locked into some FCC rule we may not want. But.. as ye sow.. so shall ye reap.
I can, and will, be happy to share ways you can HELP the FCC and supply info that they will find useful. I've been there and done that. Oh yes.. for W6IBD.. I've been in this game for 33 years, hold an extra since 1978, worked INSIDE the FCC, hold commercial tickets, been active in Military, Government, local/Fed/State, done merchant marine radio officer duties, served with the Navy in the Persian Gulf, and worked in 'outside the FCC' venues assisting in evidence gathering for casework, as well as working in the broadcast industry so I've got the years, the experience, the credentials, and the knowledge to back up what I say. I mention that ONLY to answer your inevitable question (that seems to pop up frequently) 'What are YOUR qualifications,Mr K3FT' or 'come back after you've been around a few years' commentary.
As I told a number of people when I was at the FCC who asked 'What can I do to help?' ..'Be part of the solution .. not part of the problem. Control your emotions, gather your info, keep it factual and truthful, and document what you find, do, and learn. Be patient and accept the fact that sometimes what WE feel is important is not viewed as so important to others, but be patient, persistent,and never give up!
73
Chuck K3FT
Contact: k3ft@amsat.org