[Elecraft] Subject: Waaay OT: A new kind of QRM to be aware of ... warning issued by FCC today

Phil Kane k2asp at kanafi.org
Mon Jan 18 14:55:41 EST 2021


On 1/18/2021 10:36 AM, Doug Faunt N6TQS +1-510-717-1197 wrote:

> There was a case a while back where a ham had his license pulled
> because he was convicted of telecom fraud. IIRC, the FCC said it was
> evidence that he was unwilling to follow the rules. And I think it
> only came visible because he protested, or filed to get it 
> reinstated. I suspect Phil can recall more details. It's been a
> while. 

For a while, the FCC declined to take action against criminal (like 
"convicted") violators if the crime did not involve telecommunications 
law.  I don't remember the actual case that Doug mentioned other than it 
wasn't one of mine :)  but I do remember that there have been several. 
For other violators, there is a provision in the Communications Act that 
requires the FCC to determine if the conviction bears on the moral 
qualifications to become or remain an FCC license holder, and there are 
provisions in other statutes that bar someone from holding or receiving 
a license if in arrears to court-mandated payments..

As far as the present situation, what the notice said (in plain 
language) is using a radio while planning or committing a crime is a 
crime itself. Has nothing to do with the content as long as it does not 
involve planning or committing that criminal act.  Yes, there are limits 
to First-Amendment-protected speech.   (Pardon me if I'm teaching 
first-year Constitutional Law.)

73 de K2ASP - Phil Kane
Elecraft K2/100   s/n 5402

 From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon



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