ARLA/CLUSTER: FCC atribui a radioamador o uso de radio pirata na banda de broadcasting FM nos 95,7 MHz

[João Costa > CT1FBF]

FCC cites amateur service rule violations

ARRL reports on further developments regarding the case of alleged
unlicensed FM broadcasting on 95.7 MHz

An FCC Enforcement Bureau Notice of Unlicensed Operation (NoUO) issued last
fall to a California Technician-class licensee for alleged unlicensed FM
broadcasting on 95.7 MHz now has been upgraded to a Notice of Violation
(NoV) that cites violations of the Part 97 Amateur Service rules.

The March 15 NoV sent to Daryl Thomas, KE6MWS, of Carmichael, also
specifically acknowledges Thomas as an Amateur Radio licensee — something
not done in last November’s NoUO. The FCC Enforcement Bureau warned that it
could progress to a Notice of Apparent Liability for Forfeiture (NAL), “if
warranted.�

An FCC Enforcement Bureau agent who monitored transmissions on 95.7 MHz
from “Amateur Radio station KE6WMS� in the FM broadcast band on January 31,
2019, observed violations of §97.103 — not operating in accordance with FCC
rules; §97.113(b) — prohibited transmissions, i.e., broadcasting, and
§97.301 — operation outside frequency bands authorized for Amateur Radio.
The FCC ordered Thomas to respond in writing within 20 days, explaining
each violation and actions taken to correct them and prevent their
recurrence.

Last October 10, an Enforcement Bureau agent responded to a complaint of an
unlicensed FM station operating on 95.7 MHz in Carmichael. The agent
confirmed by direction-finding techniques that a signal on 95.7 MHz was
emanating from a residence, and Thomas subsequently admitted that he was
the operator of this station, the FCC said in the NoUO. The agent measured
the field strength of the signal and found that it exceeded the maximum
permitted level of 250 µV per meter at 3 meters, established for unlicensed
operation in accordance with FCC Part 15 rules.

Although the FCC last fall had cautioned Thomas that transmitting without a
valid radio station authorization or in violation of the Commission’s RF
radiation limits was contrary to federal law and must cease, the
transmissions apparently continued into this year.

Fonte ARRL
http://www.arrl.org/news/fcc-cites-amateur-service-rule-violations-in-unlicensed-broadcasting-case

Notice of Unlicensed Operation (NoUO)
https://docs.fcc.gov/public/attachments/DOC-355037A1.pdf

Notice of Violation (NoV)
https://docs.fcc.gov/public/attachments/DOC-356614A1.pdf
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