On 2021-01-18 2:55 PM, Phil Kane wrote:
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 :)
Herb Schoenbohm, KV4FZ (sk).
73,
... Joe, W4TV
On 2021-01-18 2:55 PM, Phil Kane wrote:
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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