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SB QST @ ARRL $ARLB091
ARLB091 FCC fines WA4D
QST de W1AW
ARRL Bulletin 91 ARLB091
From ARRL Headquarters
Newington CT August 25, 1993
To all radio amateurs
FCC fines WA4D
Michael E. Whatley, WA4D, has been hit with an FCC Notice of
Monetary Forfeiture for 2,000 dollar(s). The Commission denied a
request from Whatley that it reconsider the Notice of Apparent
Liability it issued to him in November, 1992.
Whatley was accused of willful and malicious interference based on
FCC monitoring on 7257 and 7258 kHz in late 1992. According to the
FCC, Whatley asked the FCC's Field Operations Bureau for copies of
recordings of the transmissions in question and also requested a 30
day extension of time in which to respond to the NAL.
The FOB said it granted Whatley the extension and provided him
with both the tape and a transcript of it.
Whatley then argued that other amateur operators were interfering
with his transmissions, that the transcripts are incomplete (not
reflecting all communications which were recorded on tape), and that
the parties to other communications on the band ignored his attempt
to "compromise."
On August 20 the FCC announced the monetary forfeiture order, the
FOB saying "We have reviewed the record and affirm our initial
findings."
The FCC said it was not persuaded by Whatley's arguments, and
"further, Mr. Whatley's actions and communications indicate
hostility towards the net members on 7255 kHz that were
communicating, and do not support his claim that he intended to be
conciliatory."
Although the base forfeiture amount for malicious interference is
7,000, dollar(s) the FCC set the fine against Whatley at 2,000
dollar(s) because he is an individual and has no record of prior
violations.
Whatley has 30 days to pay the fine.
/EX