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KA9LCF > NEWS 27.10.12 20:03l 83 Lines 3598 Bytes #999 (0) @ ALLIN
BID : 39278-KA9LCF
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Subj: ARN: Enforcement
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Sent: 121027/0425Z 39278@KA9LCF.#NEIN.IN.USA.NOAM [170362]FBB7.01.35 alpha $:39
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
ENFORCEMENT: UNLICENSED IOWA BROADCASTER ISSUED $10000 NAL
It's rare that you hear of an unlicensed broadcaster in
Iowa, but it apparently has happened. This with word that
the FCC has issued a $10,000 Notice of Apparent Liability
for Forfeiture to Thomas Costa for allegedly operating an
unlicensed radio transmitter on the frequency 87.9 MHz in
Iowa City. Amateur Radio Newsline's Bruce Tennant, K6PZW,
reports:
--
This past September 17th agents from the Enforcement
Bureau's Kansas City Office used direction finding to locate
the source of radio frequency transmissions on the frequency
87.9 MHz to a transmitting antenna mounted on a chimney of a
residence in Iowa City. The agents determined that the
signal exceeded the limits for operation under Part 15 of
the Commission's rules and therefore required a license.
The Commission's records showed that no authorization was
issued to anyone for operation of an FM broadcast station at
or near this address.
On September 18th agents from the Kansas City Office again
used direction finding and confirmed that the station was
still in operation. The agents, this time accompanied by
the property owner, inspected the unlicensed station's
antenna and transmitter. The latter was located in a locked
basement room. It turned out that the station was automated
with a computer providing audio to a non-certified FM
transmitter. The property owner stated that one Thomas
Costa rented the basement room housing the station.
Later that day, the agents interviewed Costa. At that time
he admitted that he rented the basement room and installed
the radio station equipment but denied operating it. Rather
he claimed that several unnamed individuals owned the
equipment and gave him rent money each month which he, in
turn, gave to the property owner. Costa also asserted that
the alleged operators of the station did not provide him
with their names or contact information in order to protect
him and them from the FCC. He also stated that he was told
by the unnamed operators that he could expect the Commission
to inspect the station at some point and order him to cease
operation.
Now in issuing the $10,000 N-A-L the FCC says that the
record evidence in this case is sufficient to establish that
Costa violated Section 301 of the Communications Act. Also
that Costa can be said to have "operated" the unlicensed
radio station because the evidence shows that he exercised
control over the general conduct or management of it despite
his claim that other individuals, who he refused to
identify, were actually the operators. In this regard,
Costa admitted that he rented and paid the monthly rental
for the locked room housing the unlicensed station, and that
he installed the station equipment.
Further, during the interview with the FCC agents, Costa
mentioned that he was warned about the unlawfulness of the
operation by unnamed individuals, who told him that he could
expect the Commission to inspect the station and order him
to cease operations at some point. Assuming the statement
to be true, it appears that, in spite of the warning, Costa
nonetheless allowed the station to continue to operate in
the basement room. The FCC says that these facts indicate
that Costa consciously operated and/or otherwise was
involved in the general conduct or management of the
unauthorized station.
For the Amateur Radio Newsline, I'm Bruce Tennant, K6PZW, in
Los Angeles.
--
Costa was given the customary 30 days to pay the proposed
fine or to file an appeal. (FCC)
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