ARLA/CLUSTER: FCC aplica multa de 25.0000 Dólares e inibição de emissão durante 10 anos por interferências intencionais nas bandas de amador

[João Costa > CT1FBF]

Amateur Radio case attracts attention of FCC Commissioner

The ARRL reports FCC Commissioner Michael O’Rielly, has used the
latest chapter in an Amateur Radio enforcement proceeding to reiterate
his call that the Commission abolish its Administrative Law Judge
(ALJ) system

The long-standing case involves efforts by William F. Crowell, W6WBJ,
(ex-N6AYJ), of Diamond Spring, California, to renew his license. Late
last week, the FCC denied reconsideration of Crowell’s petition to
have the Commission assign a new ALJ to his case, arguing that the
current ALJ, Richard L. Sippel, is biased against him.

Attaching his own comments to a Memorandum and Opinion Order (MO&O),
released on April 26, O’Rielly said he approved the Commission’s
opinion that Crowell’s appeal was justifiably denied, but he expressed
concern that the ALJ “took unnecessary actions” in Crowell’s case, and
in another unrelated proceeding.

“On a larger scale, complaints about the ALJ process are not isolated
incidents, but paint a picture of questionable decisions coupled with
an elevated level of inefficiency,” O’Rielly said. “It seems to me
that, too often, the Commission has had to reverse the decisions of
the ALJ or address one ALJ decision or another. This reality only
reaffirms my call to consider eliminating the ALJ process altogether.”

It has been 10 years since the FCC set Crowell’s license renewal
application for hearing, and nearly as long since Crowell requested
disqualification of the ALJ assigned to his case. Crowell’s license
renewal hearing centered on whether he had violated FCC Part 97 rules
by intentionally interfering with and/or otherwise interrupting radio
communications, transmitting one-way communications, indecent language
and music, and whether he is qualified to be and remain a Commission
licensee and have his renewal application granted.

In 2016, the FCC imposed a $25,000 fine on Crowell for intentionally
interfering with the transmissions of other radio amateurs and
transmitting prohibited communications, including music. The penalty
represents the full amount proposed in a December 2015 Notice of
Apparent Liability for Forfeiture (NAL), and, the FCC said in an
August 2 Forfeiture Order (FO), “is based on the full base forfeiture
amount as well as an upward adjustment reflecting Mr. Crowell’s
decision to continue his misconduct after being warned that his
actions violated the Communications Act and the Commission’s rules.”

Read the full ARRL story at
http://www.arrl.org/news/amateur-radio-case-attracts-attention-of-fcc-commissioner

Mike O'Reilly's statement is on page 7 of
https://transition.fcc.gov/Daily_Releases/Daily_Business/
2018/db0426/FCC-18-52A1.pdf

Mike O'Reilly on Twitter https://twitter.com/mikeofcc/