FCC: Referee's in Club Dispute

[AA7BQ]

Here's another recent FCC Enforcement letter detailing how hard it can be at times to deal with a trustee who's fallen out of favor with a club. #In my opinion, I'd have to say it's a shame that taxpayer money goes to settle these kinds of disputes. #People tend to forget that amateur radio is a hobby. #-fred
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CERTIFIED MAIL-RETURN RECEIPT REQUESTED

February 15, 2002

Mr. Karl E. Simonson
14241 W. Hill Avenue
Gurnee, IL #60031-3408

RE: Adams County Amateur Radio Emergency Service AC9ES File Number 0000693360

Dear Mr. Simonson:

You were advised by letter dated January 9, 2002, that the Wireless Telecommunications Bureau, pursuant to Section 1.113 of the Commission's rules, set aside the above referenced application granted on December 12, 2001. That action was taken on December 27, 2001and your application reverted to pending status. #You were further advised that the matter had been referred to the Enforcement Bureau and that we would contact you to request additional information regarding your application. #Finally, you were advised that in the meantime you have no authority to use the AC9ES call sign.

In your December 12, 2001 application, you applied for the AC9ES call sign in your capacity as trustee for the Adams County Radio Emergency Service club. The Taxpayer Identification Number (TIN) you used was that of the Adams County Radio Emergency Service club.

The Adams County Radio Emergency Service club was incorporated under Wisconsin law in April 1998. #It held the call sign KB9RFR and you were the trustee of the club. #As trustee of the club, you were authorized to apply for the club call sign AC9ES. #You did so and it was granted May 10, 2000 (File number 0000126742).

Information before the Commission indicates that you were dismissed from the club in March 2001, after being unable to account for certain club funds and certain funds collected for the club in your capacity as Volunteer Examiner. #Information also indicates that the club voted to revoke your trusteeship. #Application was then made by the club to make a club officer in good standing the license holder trustee for AC9ES, the club call sign. The Commission granted that application on June 1, 2001 (File number 0000479120).

In filing the above-referenced application for AC9ES (File number 0000693360), you represented that you are the trustee for the Adams County Amateur Radio Emergency Service club, and you used the same TIN used by the club when it filed the application granted June 1, 2001 (File number 0000479120). #In order to have standing to file such an application, it is apparent that one of two conditions must exist. #You are either a current member and trustee of the Adams County Amateur Radio Emergency Service club, which entity possesses the TIN you used; or you are a current member and trustee of a subsequently formed club bearing the identical name.

Information from the club refutes the possibility of the first situation. The club filed a statement indicating you were dismissed 6 months prior to the above referenced application (File number 0000693360). #Moreover, the Adams County Sheriff's Department has filed a letter with the Commission indicating that it works closely with the Adams County Amateur Radio Emergency Service club, and the Sheriff's letter indicates that it is the same club that dismissed you as a member.

If the second situation is accurate, i.e., you are a current member and trustee of a subsequently formed club bearing the identical name, the question arises as to why you would use the TIN of a previous club and one in which you are not a member.

We note that this is the second time that you have attempted to obtain the call sign AC9ES. #The first being an application filed in August 2001, in which you stated to a Commission staff member that the only changes you were making to the club license were "to reflect the proper trustee" and to add the word "Wisconsin" in the name. #We also note your written communication to the Commission dated August 29, 2001, in which you stated the following:

"Nicholas Segina is not the license trustee. #Please change the listing to reflect the trustee as Karl E. Simonson". #

We note that the dates of both statements are apparently subsequent to the date on which you were dismissed as a member of the club.

Section 308(b) of the Communications Act of 1934, as amended, gives the Commission the authority to obtain information from applicants about their application. #Accordingly, you are requested to respond to this letter within 20 days of receipt and demonstrate your standing, if any, to apply for AC9ES as trustee for the Adams County Amateur Radio Emergency Service club. #Failure to respond within the time stated will result in the dismissal of your application.

Please also be advised that Congress has made punishable a willfully false or misleading reply to a letter of this type, and such statement would also jeopardize your Amateur radio license. #You are also advised that your applications raise serious questions regarding representations made to, and candor in dealing with, the Commission; and may reflect upon your qualifications to hold an Amateur license.

Sincerely,

W. Riley Hollingsworth
Special Counsel
Enforcement Bureau

[KC2JCA]

Seems like just the kind of thing the FCC shuold be concerned with. It's not an internal club dispute, rather it is an individual, misrepresenting himself to the FCC in order to obtain a call sign that he has no right to possess.

Now, on the other hand, if the guy had used a laminator donated to his club to make badges for another club, I don't think the FCC should be bothered for a decision as to his legal rights as a Ham Radio Operator.


Just my 2khz.

73, Jim - kc2jca

[kd3v]

Hello Fred, Jim and the ham community, I agree completely with Jim. This appears to be a misrepresentation to the FCC by an individual and is not a matter between the club and this individual. This is exactly what the FCC is there to be sure gets handled!
While there certainly must be some discord between the club and this individual, the FCC is acting on a formal application that, from this letter, contains serious misrepresentations.

KDa3Ve

[kc0isu]

I find it touching how the formality of the letter seems to give Mr. Simonson courtesy because it doesn't offer a third option: he made a false application. However, the dry tone seems to imply that the third option is exactly what he did and generates an incredible humor. This guy kicked the ball, and it's getting it kicked back to him. He better send an honest letter, or expect to get slammed. http://www.qrz.com/iB_html/non-cgi/emoticons/wink.gif

[k6ohh]

Good day to all;

It looks like Jim hit the proverbial nail on the head.

http://www.qrz.com/iB_html/non-cgi/emoticons/smile.gif

[w3wn]

Fred,

You're right -- but only up to a point. Yes, it's a shame that taxpayer dollars need to be spent on this type of enforcement, but that is not the fault of the FCC but of the individual trying to steal the club callsign here because he had a dispute with the organization and parted with it.

I've been through a similar situation personally with the Wireless Association of South Hills over the N3SH call several years ago. It was not pleasant, to say the least. Especially when, in our case, the individuals involved made fraudulent statements before the FCC. No enforcement action was taken, in part because we asked for nothing more than the return of the call. A rerprimand was issued, and we have had no trouble since then. Something similar may have happened in this case.

Yes, this is only a hobby to each of us individually, and yes, some of us take it too seriously at times. But that is not justification for letting someone walk all over you, and that is not justification for standing by and letting some violate FCC rules for personal gain.

Sorry Fred, but Jim and the others are exactly right. This had to be done and it was handled better than the offender(s)deserved. Should there be a recurrence, may they get the book thrown at them.

73

[N2RJ]

Fred, I agree with the general consensus here, simply because the FCC assigns callsigns and has the responsibility to resolve disputes concerning them.

[N3BIF]

For once Riley gets a bit of good press here ! # I for one am glad to see the FCC stance .

[kb3drf]

Hello Fred and Hams,
Sorry Fred I have to agree with Jim and the rest.But I think it is
time that these club calls be terminated,but then again I am a new ham
and do not understand the importance of a club call.It seems most members of a club are hams so they should just use there own call signs.
Terminating these club calls (wich are abused) would stop the nonsense
and free up the fcc for other more important enforcement issues and taxpayers money! 73 kb3drf Mat http://www.qrz.com/iB_html/non-cgi/emoticons/wink.gif

[n8ary]

Club calls are used on club repeaters and at field days. They are important and have a place. Sometimes they are silent key's callsigns and are used in memory of them.

[Bad_Dog]

Club Rules and bylaws are such a low level authority that involvement by the federal government seems rediculous. #If the club does not want to avail itself of the license for which the trustee has accepted responsibility and use its associated callsign, let a member of the opposing faction of the club apply for a new license. #If that results in a split in the club, let's not make it a federal issue. #If when the original license is due for renewal, if minimum criteria are not met, the license needs to be forfeited. #Falsification at the time of application is an independent issue separate from club politics and is subject to FCC action.

There is still an abundance of policing to be done on the airways. #The use of excessive power and the private "ownership" of some frequencies and behavior not becomming a lady or gentleman need the attention and resources that the FCC can squeeze from the budget. #The subject under discussion here seems akin to the commission checking our club houses to make sure we did not tear the tags off our seat cushions. #Whether Harvey or Joan or Sam wins the club presidency this year is quite trivial. # # # #73,

[N7CZ]

I am the Trustee for WX7GTF which is used only during SKYWARN activations from the National Weahter Service office. Having a single "distictive" call sign for the net keeps the SKYWAN NET uniform no matter who the Net Control Operator happens to be.

Everyone knows that when they hear WX7GTF on one of our Montana repeaters to listen close!

I must say, it is a shame the former trustee can't grow up. "Lick your wounds and crawl back in you're dog house."

73
Bob N7CZ
WX7GTF - Big Sky Skywarn
Big Sky Skywarn (http://www.w7eca.org/SKYWARN)

[KC7LSP]

I'm elated to see this type of reaction from the FCC. #First is appears that someone was trying to play petty games with the system and got called out.

Second, I believe when someone goes to this length to screw with the amateur community, and defraud the FCC, they no longer deserve the PRIVLEDGE of holding an amateur radio license.

Having an amateur radio licence is not a constitutional right. #Personally, I hope they pull his ticket and at the same time send a message to others that these type of games will not be tolerated.

[aa1mn]

'Tis time I jump the good ship "Amateur Radio" and climb aboard the CB bandwagon.

It's quite illuminating to have amateurs displaying a holier-than-thou attitude toward 11 meter operators and then to see this shindy a-brewing!

If I am the only one to see the incongruity in this hypocricy then so be it. Please, fellow amateur operators, let me know if I'm wrong on this observation.

73s and all the best,

Chuck
AA1MN[B]

[privateer]

These ham radio "bad guys" need to be skinned alive before being executed like the Indians do to the Pakistanis. Or maybe they should be boiled in hot grease until their entire lower body has had the flesh altogether boiled away from the bone like the Iraqis did to the Kuwaitis! Or perhaps we could just torture them until they "confess" their evil deeds like the Stalinists did to their very own people. It is the self-righteous hypocrits like the neanderthals responding to this post and the one immediately before it that illustrate how this site has become such a #turkey farm! What a bore-ass bunch of losers!

[W5ATX]

Bottom line here, the regs say you have to be a member to be the trustee and call holder, and this guy isn't. When he claimed to be, he lied. Lying to the feds just isn't cool. (Unless you're the president of course - geez.) So for that alone, he needs to called to task.

I can't see it being the issue with radio clubs - well maybe yeah, I can - but I know with ARES/RACES type groups, who the big banana is can be critical. There's often a lot of money, prestige, maybe even "real" power involved in being in the in-crowd of such an organisation.

Here in Coastal NJ, the county governments tend to view hams as valuable. And as such, the hams get lots of equipment, badges, official lookng ID cards, in some towns they get pagers, police radios, etc. REALLY HEADY STUFF. I remember running afoul of such a group in the early 90's. I can tell you now, I am not a "joiner." I don't care to be politically involved in stuff, and as such I enjoy being a ham, and chatting with the fellws, but I'm not into the "official" groups. At that time in my life, I also knew I didn't have the time to devote to the training they required. So I elected not to join.

Lo and behold, along came a winter storm where electric was out for days, roads were closed, the whole area was a real mess. I volunteered to help, did help, and have a certificate from the county "overlord" (whatever his title is/was) to show for it. Felt good to have used my ham gear and skills to help. (While not a member and not a regular recipient of their training, I am a fairly competent operator, and had been involved in other emergency situations in years past, not to count the fact that I'm a full time state law enforcement officer and know how to use the radio.)

Well, all hell broke loose. The higher ups in the county all started calling each other names, I shouldn't have been allowed in the radio room because I'm not qualified (not a trained member) etc. The fallout was crazy.

Well, it's a power struggle and I've since elected to stay out of it. I'm glad we haven't had such an emergency again, as I am unwilling to stick my neck into THAT quagmire again (I know, I should grow up, but . . . I was deeply hurt by the aftermath, and it will be years more before I get over it.)

So you see, the politics were more important than the fact that hams were on the job. (I did find my services being requested about a year later - the same uppity folks learned I had gotten a 5kw generator. All of a sudden 5kw was the equivalent of some years of training. Guess what I told them to do? And it involves places the sun doesn't shine.)

Ah well, I feel better now, but lesson to be learned: political power can be strong in places you'd never think of. A club fighting over a callsign? Fits right in.

73

[kc2irv]

who here can say "screwed"

[KS9E]

http://www.qrz.com/iB_html/non-cgi/emoticons/mad.gif
It is apparent that there will always be persons who are often quick to pass judgement on an issue without researching the facts or hearing the opposing side. Welcome to this group Fred!

For those of you who really want the complete story before forming an opinion, I welcome you to point your browser to the following URL.

http://www.ac9es.org/ac9esdocs.html

Opinions are the cornerstone of public expression and free speech, rights for which many have fought and died. Long live the constitution of the United States of America! http://www.qrz.com/iB_html/non-cgi/emoticons/smile.gif

[AJ5TT]

Interesting to note at the Vanity Call sign process has halted on the same date as the application for AC9ES (12/12/01). #First the Anthrax and missing applications and now possibly a holdup due to a dispute.

Argh,

John

Mr. Hollingsworth hit the nail on the head when he indicated that the organization in question was formed under Wisconsin law in 1998. This organization is a "legal person" created by the state and, as such, the organization involved in this dispute has the legal persona specified by Wisconsin law.

This is not a dispute that can, or should, be decided by a federal regulatory agency. If the parties want to have a pissing match over who controls this club, the Wisconsin courts and/or the Secretary of State's office are the appropriate venues for that contest since this is a matter of state law. The FCC should defer to the state and issue the license according to Wisconsin's determination of who is the valid representative of the club.

[KA3EBX]

We has a similar problem with our club, South Hills Amateur Radio Club where two individuals not only tried to take our club's original call, but the club's name as well! #Fortunately, we had notarized documents dating back to the club's creation that settled the matter with officials. #During the matter however, one individual (another club's president) was sending the club bogus emails and making anonymous guestbook entries in the club's guestbook. #Another tried to hack into the club's member's only area and made obsene entries into the club's guestbook. #Working with ISP officials, they were subsequently caught and reprimanded. #Actions like these, sure puts a dark shadow on Amateur Radio.

[WA4MJF]

The FCC does a good job of checkin' on the club stations.

I had a problem as trustee for our club's tickets. We
used the parent corporation's TIN, rather than start
another 501 &copy; (3). Sure enough they caught it, so
we just changed the name on the ticket to the
parent corporation's name and all was well!

73 de Ronnie

[kc0msq]

Well somebody is making false statements to the FCC, and as the licensing entity they are going to have to figure out who. This may very well involve the state of Wisconsin, since they created the club, but the FCC will have to spearhead this effort. This is unfortunate, but it is part of the territory.

Paul.

[N8PCA]

This is one good example of why I will not be a "club member" again. This guy is certainly up to no good. The club that I was with about five years ago was a nice club except for one thing: The "board" would always ask for input from the membership.. but it always appeared to me that the "board" would nearly always do as they pleased. It happened time after time. I had enough and left the club after removing my repeater from the site late one night. My friends around town know of this situation. Most of them are still members, wich is fine of course! Too much politics for me. It took away the fun from the hobby. After all.. it is a hobby. A hobby should not be full of politics and infighting.