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KA9LCF > NEWS 07.09.12 22:34l 108 Lines 4155 Bytes #999 (0) @ ALLIN
BID : 38226-KA9LCF
Read: GUEST
Subj: ARN: Enforcement
Path: IZ3LSV<IK6IHL<IK6ZDE<VE2PKT<XE1FH<J39BS<9Y4PJ<N9LYA<KA9LCF
Sent: 120824/2116Z 38226@KA9LCF.#NEIN.IN.USA.NOAM [169310]FBB7.01.35 alpha $:38
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
ENFORCEMENT: FCC LOWERS FINE ISSUED TO FORT MEYERS
UNLICENSED STATION
The FCC has lowered a fine imposed on an unlicensed
broadcaster. This after he provided proof that the initial
amount would prove a hardship that he could not afford to
pay.
As previously reported, this past June 5th the Enforcement
Bureau's Tampa Florida Office issued a $15,000 Notice of
Apparent Liability for Forfeiture to Albert R. Knighten, Jr.
of Fort Meyers. This for his alleged operation of an
unlicensed radio station.
In response to the proposed fine Knighten admitted to, and
apologized for, the violation. He also urged cancellation
or reduction of the proposed $15,000 forfeiture, asserting
that his financial situation could not the permit payment of
the fine that the FCC had levied against him.
After examining the financial documents provided by
Knighten, the FCC found sufficient basis to reduce the
forfeiture to $1,200. However, it also cautioned Knighten
that a party's inability to pay is only one factor in its
forfeiture calculation analysis. It told him that it had
previously rejected inability to pay claims in cases of
repeated or otherwise egregious violations. In closing it
warned Knighten that future violations of this kind could
result in significantly higher forfeitures that may not be
reduced due to financial circumstances.
Knighten was given the customary 30 days from the August
21st date of the order to pay the reduced forfeiture. If he
fails to do so the matter could be turned over to the
Department of Justice for collection. (FCC)
BT
ENFORCEMENT: LACK OF EAS GEAR BRINGS $10000 FINE
The license holder of a low-power FM in Mission, Texas will
likely have to pay a $10,000 fine. This, for its admitted
failure to install and maintain working Emergency Alert
System or EAS equipment. Amateur Radio Newsline welcomes
George Bowen, W2XBS, who has this report:
--
Intercity Christian Youth Program, Inc. is the licensee for
low power station KCYP. Responding to a complaint, agents
from the Enforcement Bureau's Houston Texas office inspected
the station this past March. At that time the manager
admitted to the agents the station had operated without EAS
gear since the facility went on the air in 2007. KCYP also
had no EAS logs to document that the facility had ever had
such gear installed or that it had ever conducted the
required weekly or monthly EAS tests.
The base fine for not having operational EAS gear is $8,000.
The commission tacked on another $2,000 because it appears
the station has not had working EAS gear for the better part
of five years.
The station was 30 days to pay the fine or to file an
appeal. KCYP must provide a sworn statement to the Houston
office of the Enforcement Bureau certifying that it now has
had E-A-S equipment installed.
For the Amateur Radio Newsline, Im George Bowen, W2XBS, in
Albany, New York.
--
According to the FCC, every broadcast station is part of the
nationwide Emergency Alert System network and is categorized
as a participating national EAS source. This in turn means
that all stations must ensure their EAS encoders and
decoders are installed and working properly. (FCC, RW)
BT
ENFORCEMENT: UNLICENSED BROADCASTER BUSTED UNDER FLORIDA
LAW
Romayne Davis, who local Florida police say operated an
unlicensed radio station, is now free on bond. Police say
Davis operated an illegal station out of a warehouse since
March using a laptop running iTunes.
The investigation began in July when a listener to American
Public Media's Classical South Florida WKCP FM in Miami
complained that rap music was interfering with the
legitimate signal on 89.7 MHz. Police recovered a computer,
transmitter and other gear which they said was used to
broadcast the unauthorized station on an adjacent frequency
of 89.5 MHz.
Unlike the FCC which normally issues fines for unlicensed
operations, under Florida's strict state law regarding
unauthorized transmissions, Davis, who had turned himself
into authorities, could face up to five years in prison for
his unlicensed station operation. (RW, WPEC)
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