Two hams busted for 14.313 MHz activities

FCC LogoIf you operate 20m phone at all, you probably avoid 14.313 MHz. I know I do. Now, two hams, Michael Guernsey, KZ8O and Brian Crow, K3VR, have been busted by the FCC for their activities on that frequency. The Notice of Apparent Liability (NAL) citing KZ8O reads:

  • Causing Intentional Interference to Licensed Communications
    • The evidence in this case is sufficient to establish that Mr. Guernsey violated Section 333 of the Act and Section 97.101(d) of the Rules. Section 333 of the Act states that “[n]o person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under the Act or operated by the United States Government.” The legislative history for Section 333 of the Act identifies willful and malicious interference as “intentional jamming, deliberate transmission on top of the transmissions of authorized users already using specific frequencies in order to obstruct their communications, repeated interruptions, and the use and transmission of whistles, tapes, records, or other types of noisemaking devices to interfere with the communications or radio signals of other stations.” 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.”
    • On March 7, 2014, agents from the Detroit Office located the source of interference to frequency 14.313 MHz to the address of record for Mr. Guernsey’s amateur station KZ8O. The agents heard Mr. Guernsey intentionally interfering with other amateur licensees by transmitting a prerecorded song and various animal noises. These transmissions were a deliberate act to monopolize the frequency and prevent other amateur radio operators from conducting legitimate communications. Based on the evidence before us, we find that Mr. Guernsey apparently willfully violated Section 333 of the Act and Section 97.101(d) of the Rules by intentionally interfering with other licensed amateur radio communications.
  • Failure to Transmit a Call Sign Identification
    • The evidence in this case also is sufficient to establish that Mr. Guernsey violated Section 97.119(a) of the Rules. Section 97.119(a) of the Rules states that “[e]ach amateur station . . . must transmit its assigned call sign on its transmitting channel at the end of each communication, and at least every 10 minutes during a communication, for the purpose of clearly making the source of the transmissions from the station known to those receiving the transmissions.” On March 7, 2014, agents from the Detroit Office monitored frequency 14.313 MHz for approximately 40 minutes and heard transmissions by Mr. Guernsey in which he failed to transmit his assigned call sign. Based on the evidence before us, we find that Mr. Guernsey apparently willfully violated Section 97.119(a) of the Rules by failing to transmit his assigned call sign.

The Notice of Apparent Liability for K3VR reads about the same.

The pace of Amateur Radio Service enforcement activities seems to have picked up in 2014. After only two enforcement actions in 2013, there have been six already in 2014.

Comments

  1. Dear FCC,
    Please keep it coming.

    Bob K0NR

  2. Bill AE7KB says:

    Good for you, FCC. Now, our friends to the north need to put a big stompin, boot on their 14.313 abuser.

    Bill AE7KB

  3. Bill-

    The Canadian you seem to dislike may say things you disagree with and may say them in a way that offends you, but he hasn’t broken the rules. Among other reasons those two particular amateurs were hit with NALs is because they have been at the forefront of an effort to maliciously QRM that particular operator and anyone who communicates with him for nearly 15 years, even going so far as to claim publicly that the FCC told them they could maliciously interfere and that no operator who did would be disciplined (http://forums.qrz.com/showthread.php?169940-14-275MHz&p=1299373#post1299373).

    Contrast that with what Laura Smith herself told one of K3VR’s dancing monkeys a year later: As our own FCC Special Counsel pointed out (http://forums.radioreference.com/amateur-radio-general-discussion/159371-congradulating-laura-smith-related-matters.html#post1288569.

    KFM, offensive as you might believe he is, didn’t break the rules, per Laura, who also said that action WOULD be taken against those who maliciously interfered with him.

    If you’re offended by KFM, you might want to see the disgusting things said about Laura because of that Email.

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