Earlier this week, the FCC issued a second enforcement advisory reminding amateur and personal radio service operators not to use radio equipment to commit or facilitate criminal acts. It states:
As we did in our January 17 advisory earlier this year, the Bureau reminds amateur licensees that they are prohibited from transmitting “communications intended to facilitate a criminal act” or “messages encoded for the purpose of obscuring their meaning.” Likewise, individuals operating radios in the Personal Radio Services, a category that includes Citizens Band radios, Family Radio Service walkie-talkies, and General Mobile Radio Service, are prohibited from using those radios “in connection with any activity which is against Federal, State or local law.” Individuals using radios in the Amateur or Personal Radio Services in this manner may be subject to severe penalties, including significant fines, seizure of the offending equipment, and, in some cases, criminal prosecution.
In a recent blog post, Jeff, KE9V, wrote, “There were rumors that amateur radio equipment may have been used to organize and coordinate communication among the rioters.”
To which, someone on Twitter replied, “Not rumors, fact. I live here. The rioters used 2m and possibly other bands to coordinate their insanity. I heard it myself. FCC is preemptively reminding people who apparently need reminding.”
Another commenter linked to a legal document from one of the ongoing trials. On page 15, there’s mention of how Baofengs were used for communications during the January 6, 2021 march on the Capitol. It did not say that amateur radio frequencies were used, but, of course, Baofengs can be programmed to operate on amateur radio frequencies.
I would say that since the FCC felt compelled to issue this warning again that amateur radio frequencies were definitely used during this incident, although I’m not sure that there is any evidence that licensed amateur radio operators were involved. Perhaps the warning is just pre-emptive or an attempt to get hams to more proactively police the frequencies, i.e. if repeater operators hear illegal activity on their repeater to turn the repeater off. Or, it could just be a warning that the FCC is listening.
I wonder why the FCC feels the need to give rioters and seditionists two warnings? Everyone else gets a Notice of Violation and a fine. Hmmm.
Indeed, the FCC and the ARRL VM Program is listening on this issue. Two DC repeaters were heard by VM members being used and were shot down by the Trustees mid-stream. There is other evidence, only a small part of which has been made public (e.g., your link to court docs). This is a usual and customary procedure for legal proceedings by the FCC.
This is a “fair warning” announcement by the Enforcement Bureau to influence other paramilitary militia groups to not use amateur radio for planning or executing illegal acts. It may not be illegal to plan if they’re licensed but if these planning activities are subsequently acted upon, then the planning activities become illegal as part of the entire portfolio of actions.
Amateur radio is most vulnerable, from my experience as both an EC and a license trainer, in having embedded militia members in ARES. I’ve briefed both my Director and the ARRL and President that ARES is vulnerable in our collective zeal to train and license any and everyone to get Technician licenses for EmComm. My opinion is that a question about past and present membership in militias should be included in ARES membership. Lie on that form and if that comes out, it’s ammunition (pun intended) for license non-renewal.
Ham radio does not need the black eye of being used in illegal seditious activities…including the planned kidnapping and murder of the Michigan Governor. That’s just an example for I’ve seen no evidence that ham radio was used in that instance. But we need to scrutinize “who” we are voluntarily training. While it’s open to every citizen of the US (don’t know about non-citizens), there is NO requirement for any training or VE team to train or test everyone.
Sermon over…
I stopped participating in all activities of my local club, and did not renew club or ARRL membership because, as a Contact VE for W5YI, I administered a ham exam to an individual who answered “Yes” to the question on the NCVEC Form 605 “Have you ever been convicted of a felony?”, performing my duties as a CVE and informing the individual that I would submit it to the VEC and the final decision would come from the FCC, whom I fully expect to investigate and not issue a license. Much to my dismay, the FCC did, in fact, issue a license to this individual. What with that, our club’s Public Service Event coordinator wearing a MAGA hat at a major local parade and the club president having a concealed Glock firearm on his person at our club meetings in a local church, I was wondering who I was associating with.
The picture I have of the Jan 6 rioters with Baofeng radios clearly visible
made my decision easy.
I remembered the advice my father once gave me, “You are judged by the company you keep”. I am no longer involved in local ham activities. Shame.