March, 2007

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Bill Seeks BPL Interference Study, Report to Congress
US Rep Mike Ross, WD5DVR (D-AR), has introduced a bill in the 110thCongress calling on the FCC to study the interference potential of broadband over power line (BPL) technology and report its findings back to Congress. One of two radio amateurs in the House, Ross submitted the "Emergency Amateur Radio Interference Protection Act of 2007" (HR 462) on January 12. The bill's official text became available today. ARRL President Joel Harrison, W5ZN, says the League shares Ross's concern about interference to emergency communication networks.

League Criticizes FCC Chairman for Perpetuating BPL Rural Service Myth
The ARRL is taking FCC Chairman Kevin J. Martin to task for telling the US Senate Committee on Commerce, Science and Transportation that broadband over power line (BPL) technology is the answer to broadband deployment in rural areas. Martin and the other four FCC commissioners testified today during a committee hearing, "Assessing the Communications Marketplace: A View from the FCC." In his prepared remarks, the chairman described BPL as a "potentially significant player due to power lines' ubiquitous reach, allowing it to more easily provide broadband to rural areas." ARRL Chief Executive Officer David Sumner, K1ZZ, criticized Martin for repeating "specious BPL industry claims" that suggest BPL has anything to offer rural dwellers.

FCC issues "show cause" order to Washington licensee
The FCC has asked David L. Titus, KB7ILD, of Seattle, Washington, to justify why his General class Amateur Radio license should not be revoked. The Commission Enforcement Bureau's January 30 Order to Show Cause in EB Docket No. 07-13 initiates a hearing process to determine whether Titus "is qualified to remain a Commission licensee" in light of a 1993 felony conviction for "communicating with a minor for immoral purposes." According to the FCC order, Titus received a 25-month prison sentence, and the Seattle Police Department identifies him as a registered sex offender. The FCC says the Communications Act of 1934 provides that it may revoke any license if conditions come to its attention that would warrant a denial of the licensee's original application. The Commission said felony convictions, "especially those involving sexual offenses involving children," raise questions regarding a licensee's character qualifications. While Titus's conviction was some 14 years ago, the FCC said, "the nature of his criminal misconduct and the fact the Amateur Radio Service is particularly attractive to children call into serious question whether he should be permitted to retain his Amateur Radio authorization." Titus has 30 days to respond. The burden of proof in a hearing would be on the Enforcement Bureau.

FCC Reduces, Affirms Fines
The FCC agreed in a January 26 Memorandum Opinion and Order (MO&O) to reduce drastically a $10,000 fine, levied in the case of CB operator-turned-radio amateur Robert A. Spiry, KD7TRB, of Tacoma, Washington. The Commission cited Spiry for unauthorized operation on 11 meters that involved the use of uncertificated equipment and an illegal RF power amplifier. The alleged violations occurred in 2002, and the FCC affirmed the fine in an October 2004 Forfeiture Order (NOF). Responding to an FCC Notice of Apparent Liability in 2003, Spiry admitted the violations but said he'd sold his CB equipment and had obtained an Amateur Radio license, the FCC said. The Commission agreed to lower Spiry's fine to $1500 after he demonstrated an inability to pay the original fine.
The FCC said its agents committed "no impropriety" in discussing Spiry's case and considering its possible implications on his Amateur Radio license. "It is well established that a violation in one service can impact on other licenses that an individual may have," the MO&O said.
In an MO&O released January 29, the FCC reduced from $1000 to $250 the forfeiture it had levied on Mark A. Clay, N8QYK, of Huntington, West Virginia, for operating an unlicensed FM broadcast station. In 2003, the FCC's Columbia, Maryland, Field Office had proposed a fine of $10,000; the Enforcement Bureau subsequently reduced it to $1000. Clay had sought to have the FCC dismiss the fine altogether, based on his inability to pay, but the FCC reduced it instead. Clay holds a Technician Amateur Radio license.
In another MO&O released January 29, the Commission declined to reduce the $12,000 fine it had ordered a Portland, Oregon, taxi company to pay. The FCC alleges that spurious emissions resulting from Portland Taxicab Company's unauthorized operation resulted in harmful 70 cm interference to an Amateur Radio station, AB7F. The Commission also cited the firm, licensee of WPRJ576, for failing to properly identify. The taxi company did not dispute the violations but asked for a reduction in the fine based on inability to pay, the FCC said.

March, 2007

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