[PBARC] You might want to check your mailing address on your license!

[E. Glenn Wolf, Jr.]

      FCC Suspends Amateur Licenses for Failure to Maintain Mailing Address

NEWINGTON, CT, Jul 18, 2006--The FCC has suspended two Amateur Radio 
licenses because the holders had failed to maintain correct mailing 
addresses in the Commission's licensee database. Special Counsel in the 
FCC Spectrum Enforcement Division Riley Hollingsworth wrote Larry L. 
Smith, KC7LJR, of Middleton, Idaho, and Larry J. Maniag, KD7JTG, of 
Payson, Arizona, on June 28 to inform them the FCC was suspending their 
Technician tickets for the remainder of their license terms or until 
each licensee provides a valid mailing address.

In his letter to Smith, Hollingsworth noted that on three occasions in 
late 2005, the FCC had been unable to deliver warning notices alleging 
deliberate interference to a 2-meter repeater system.

He told Maniag that the US Postal Service earlier this year returned as 
undeliverable two warning notices alleging deliberate interference with 
several repeaters.

Hollingsworth cited §97.23 of the Commission's Amateur Radio Service 
rules that requires each license grant to show the licensee's correct 
name and mailing address. The rule provides that "revocation of the 
station license or suspension of the operator license may result when 
correspondence from the FCC is returned as undeliverable because the 
grantee failed to provide the correct mailing address."

Hollingsworth cited the same rule to an Ohio licensee apparently 
tempting a similar fate. On June 26 Hollingsworth afforded Robert D. 
Reckner, W8IQJ, more time to respond to complaints involving his service 
as MIDCARS net control station. The complaint alleges deliberate 
interference as a result of his starting the net on top of existing 
communications on 7.258 MHz on April 29, 2006. A June 1 letter enclosing 
the complaint came back to the FCC as undeliverable, he said.

Smith and Maniag may appeal their suspensions pursuant to §303(m)(2) of 
the Communications Act, Hollingsworth pointed out.

*Applications Dismissed*

In another failure-to-reply case, Hollingsworth notified William E. 
Kuth, KB2SGQ, of Utica, New York, on June 27 that his license renewal 
application has been designated for dismissal. That action effectively 
eliminates Kuth's Amateur Radio privileges, and Hollingsworth reminded 
him of that fact.

"Upon dismissal you will have no authority to operate an Amateur Radio 
station," Hollingsworth said. "Also please be advised that operation on 
radio frequencies without a license is a violation of Section 301 of the 
Communications Act of 1932 and carries criminal penalties."

In May, the FCC notified Kuth that his renewal application "could not be 
routinely granted" and had been referred to the Enforcement Bureau for 
review. That followed the issuance of a /Warning Notice/ for allegedly 
operating on 26.815 MHz without a license and causing interference on 10 
meters. Additional complaints alleged that Kuth operated on 26.945 MHz.

Hollingsworth said postal records indicate that Kuth received the FCC 
inquiry on May 5 but did not respond. The letter to Kuth noted that the 
address on his renewal application differed from his actual mailing 
address. Kuth's Technician license expired in November 2004.

The FCC dismissed the upgrade application of Andrew O. Ojwang, KI4LTH, 
of Roswell, Georgia, based on the licensee's response to "numerous 
complaints about the operation of your station since the grant of your 
General class license," Hollingsworth wrote. Last October in the wake of 
the complaints, the FCC set aside Ojwang's General license and his 
renewal application, which reverted to pending status.

"Pursuant to your response dated May 31, 2006, your General class 
application is being forwarded to the Wireless Telecommunications Bureau 
for dismissal," Hollingsworth informed Ojwang on June 28. He said 
complaints regarding Ojwang's on-air operation would have to be resolved 
before the Commission would consider an upgrade application. The FCC 
appears to have renewed Ojwang's Technician ticket for a full 10-year 
term, however.

*License Turned in for Cancellation*

A Texas man turned in his Technician class Amateur Radio rather than 
respond to complaints alleging that he was operating on frequencies not 
authorized to him under his license and for causing interference.

The Commission wrote Billy J. Benefiel, W5BJB, last November asking him 
to respond to the complaints, including one alleging that Benefiel had 
claimed on the air to be an Amateur Extra class licensee.