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FCC ISSUES $18,000 NAL TO KC5CSG

Discussion in 'Amateur Radio News' started by AA7BQ, Jul 26, 2018.

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  1. AA7BQ

    AA7BQ QRZ Founder QRZ HQ Staff QRZ Page

    This case deals with repeater jamming / intentional interference.

    The full FCC text is included as a PDF attachment. Excerpts below:

    1. We propose a penalty of $18,000 against Jerry W. Materne for apparently causing intentional interference and for apparently failing to provide station identification on amateur radio frequencies. Amateur radio frequencies are shared, and amateur radio 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. In addition, the failure to transmit call sign information disrupts the orderly administration of the Amateur Radio Service by preventing licensed users from identifying the entity that is transmitting. Mr. Materne was previously warned regarding this behavior in writing by the Enforcement Bureau and, given his history as a repeat offender, these apparent violations warrant a significant penalty.

    2. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Jerry W. Materne, licensee of Amateur Radio Station KC5CSG in Lake Charles, Louisiana, apparently willfully violated Section 333 of the Communications Act of 1934, as amended (Act), and Sections 97.101(d) and 97.119(a) of the Commission’s rules, by causing intentional interference to licensed radio operations and by failing to transmit his assigned call sign in the Amateur Radio Service.2 We conclude Jerry W. Materne is apparently liable for a forfeiture in the amount of eighteen thousand dollars ($18,000).

    ---------

    The attached Notice contains the complete text.
     

    Attached Files:

    VE5RH, KA2FIR, N2NH and 11 others like this.
  2. W5BIB

    W5BIB Premium Subscriber QRZ Page

    Last edited: Jul 26, 2018
    KN4RA, N3VFK, W5TXR and 2 others like this.
  3. N9PBD

    N9PBD Ham Member QRZ Page

  4. K2NCC

    K2NCC Ham Member QRZ Page

    Status is "Active" according to the FCC info... why is it "Not listed by QRZ"?

    Capture.PNG
     
    Last edited: Jul 26, 2018
    KK5JY likes this.
  5. W5BIB

    W5BIB Premium Subscriber QRZ Page

    Do we really want his type here on the "Zed" ?
     
    N4FZ, SA1CKE, KZ3J and 1 other person like this.
  6. K2NCC

    K2NCC Ham Member QRZ Page

    Guilty until proven innocent eh? Even the FCC isn't sure enough to avoid the word "apparently" at least a dozen times in the NAL.

    Sounds like comparing apples to bricks. Just because someone's a dick on the air doesn't automatically make them one in the forum.
    Or, as we all know by now, vice-versa.
     
    WD8ED, NJ1S, N8NOE and 1 other person like this.
  7. K2NCC

    K2NCC Ham Member QRZ Page

    OT: "CW only since 1961"????

    Well, how terribly terribly limiting.

    I operated Morse code in the Army, and I was bored within a month.

    It's a huge buffet, amateur radio. Don't restrict yourself to just one dish!
     
    N4GST likes this.
  8. KX0DW

    KX0DW QRZ Lifetime Member #212 Platinum Subscriber Life Member QRZ Page

    That's just the way they are phrased: all NALs are phrased that way. Heck, even the name is Notice of Apparent Liability. It wouldn't have gotten this far if they didn't have the evidence.
     
    W0FS, AK5B, KZ3J and 1 other person like this.
  9. K2NCC

    K2NCC Ham Member QRZ Page

    Which, by it's very nature, means he's not guilty until proven otherwise.

    Why would a handful of people who have the power to kill a bio page even get involved? No amount of evidence matters if the end result is "Not Guilty" or a lesser charge.
     
    W4KVW likes this.
  10. W5BIB

    W5BIB Premium Subscriber QRZ Page

    We're you with the ASA ? - if so,... you must not have been a very competent intercept operator to have been bored after just a month. What did you do after they dumped you ? or,... maybe you didn't get your "Final TS/SI clearance" :confused:
     
    AC4ZU, KZ3J, W7UUU and 2 others like this.
  11. W1YW

    W1YW Ham Member QRZ Page

    If you want that person's address just go thru ULS.

    If FRED and crew want to have the info off QRZed, and you feel otherwise, then show us why that judgement call is NOT correct.

    Jamming is just unacceptable and the evidence is, as shown, overwhelming.

    Fred made the right call.
     
    Last edited: Jul 26, 2018
    W0FS, W0GFE, KZ3J and 7 others like this.
  12. W1YW

    W1YW Ham Member QRZ Page

    If you don't have the volition to read that document, then at least consider this telling excerpt:

    "At approximately 7:25 p.m. that day, the agent observed Mr. Materne enter his vehicle and drive to a location near a local amateur repeater, W5BII. At that location, Mr. Materne parked his car, and for the next 30 minutes began transmitting an amateur digital radio signal from a hand-held radio in his vehicle. The digital signal caused interference to W5BII and the ongoing net. 8 During this transmission, Mr. Materne did not provide his FCC-issued call sign. At approximately 8:00 p.m., the agent, accompanied by a deputy from the Calcasieu Parish Sheriff’s Office, approached Mr. Materne’s vehicle and asked to inspect his radios. The agent then interviewed Mr. Materne and inspected Mr. Materne’s amateur radio station. The agent confirmed that Mr. Materne had in his possession an amateur radio station capable of operating on 146.130 MHz. Audio recordings captured by the agent demonstrate that the intentional interference ceased as the agent and the Sheriff’s deputy approached Mr. Materne’s vehicle."

    What's amazing to me is that we've been hounding the FCC to get rid of the jammer-trash. Now that the FCC is doing just that, we see complaints of due process and rush to judgement.

    Ugh!
     
    W0FS, AC4ZU, K3AN and 24 others like this.
  13. NF9H

    NF9H Ham Member QRZ Page

    This reaction does not, unfortunately, surprise me. I, for one, am quite pleased by this NAL. We have had some issues here in central Indiana that would benefit from action such as this.

    Frank

     
    W0FS and K9ASE like this.
  14. K9GLS

    K9GLS Guest

    Alledgedly there is no other word in our vocabulary quite as vague as 'apparently'.
     
  15. 2E0EUG

    2E0EUG XML subscriber QRZ Page

    $18,000 ?
    Sheeeeeeeeeeeeeeeeeeeeeeet ! ! !
     
    KD8YZD and N8ZI like this.
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