| April, 2007 |  |
< Prev Page 6 Next > |
FCC denies "Hams for Action" petition for rule making
In a February 28 letter,
the FCC's Wireless Telecommunications Bureau (WTB) denied a petition
for rule making filed last July by Don Schellhardt, KI4PMG, on behalf
of "Hams for Action" (HFA). The petition requested that the FCC adopt
rules, under certain circumstances, to override private deed covenants,
conditions and restrictions (CC&Rs) preventing radio amateurs from
installing antennas and antenna support structures. HFA asked the FCC
to preempt CC&Rs that fail to provide reasonable accommodation for
any ham certified as an "emergency communications operator." Scot
Stone, deputy chief of the WTB's Mobility Division, said the FCC "has
previously addressed the question of whether to preempt CC&Rs in
deeds and bylaws" that restrict the installation of Amateur Radio
antennas and support structures. "In the PRB-1
decision, the Commission established a policy of limited preemption of
state and local regulations governing amateur station facilities,
including antennas and support structures, but expressly decided not to
extend its limited preemption policy to CC&Rs in home ownership
deeds and condominium bylaws because '[s]uch agreements are voluntarily
entered into by the buyer or tenant when the agreement is executed and
do not usually concern the Commission.'" Stone pointed out that the FCC
in 2001 rejected a petition asking it to adopt rules preempting
CC&Rs that don't reasonably accommodate Amateur Radio and affirmed
that PRB-1 applies only to public land-use regulations. The HFA "has
not presented grounds for the Commission to revisit this policy," Stone
concluded.
FCC lops fine, admonishes Amateur Radio licensee
The FCC has reduced from $11,000 to $2500 the fine it
imposed in 2004 on Daniel Granda, KA6VHC,
of Whittier, California. In a Memorandum Opinion and Order
(MO&O)
released March 1, the FCC said Granda intentionally interfered with
Amateur Radio communications and failed to respond to FCC
correspondence. Granda, whose Amateur Extra class license renewal is
under review, petitioned for reconsideration of the $11,000 fine in
2004. "In his petition, Mr Granda does not dispute our finding that he
caused deliberate interference to Amateur Radio communications nor does
he deny his failure to respond to official Commission correspondence,"
recounted Assistant FCC Enforcement Bureau Chief George R. Dillon, who
signed the MO&O. "He does contend, however, that
imposition of the full forfeiture amount would impose a financial
hardship on him and his spouse." The FCC agreed to reduce the fine to
$2500 after reviewing Granda's federal tax returns. "The reduction of
the forfeiture amount, however, does not lessen the severity of the
violations cited in this proceeding, specifically Mr Granda's
intentional interference to radio communications," Dillon cautioned.
"For that reason, we will further admonish Mr Granda for his
violations." In an ominous footnote, the MO&O noted that
the Enforcement Bureau had asked the Wireless Telecommunications Bureau
(WTB) to "consider this violation in processing Mr Granda's pending
license renewal application for KA6VHC." In August 2003, the WTB set
aside the grant of renewal of Granda's license, which expired in
November 2003. His renewal application has reverted to "pending"
status.
FCC Universal Licensing System modifies Customer Support Hotline hours
The FCC Wireless Telecommunications Bureau (WTB) has announced modified hours for Universal
Licensing System (ULS) Customer Support Hotline.
Online customer support remains available 24/7 on the FCC Web site. The
ULS includes the Amateur Radio Service licensee database. Effective
March 5, customers will be able to reach the FCC ULS Customer Support
Hotline Monday through Friday (excepting federal holidays) from 8 AM
until 6 PM Eastern Time. Among other things, ULS Customer Support
is a resource for those with technical concerns or with questions about
which application purpose is appropriate for a particular filing, the
information a particular ULS form or schedule requests and FCC
Registration Number (FRN) password issues. Contact ULS Customer Support
at (877) 480-3201, option 2 (toll-free) ; (888) 225-5322, option 2 (toll-free) or (717) 338-2888. TTY service is available at (717) 338-2824.
| April, 2007 | |
< Prev Page 6 Next > |