XPost: rec.radio.amateur.policy, rec.radio.info

(Moderator's Note: Only FCC Part 97 Amateur Radio related actions are shown below.)

________________________________
[fcclogo]
Daily Digest
Federal Communications Commission
45 L Street NE
Washington, DC 20554

Vol. 42 No. 103
News media information 202 / 418-0500
Internet: http://www.fcc.gov
ASL Video Call: 1-844-432-2275


May 30, 2023
________________________________
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IN THE MATTER OF PHILIP J. BEAUDET. Enforcement Bureau proposes $24K fine to Beaudet for willful interference with amateur radio in Burney, CA, violating section 333 of the Act, and for failing to transmit his call sign, violating sections 97.101(d) & 97.
119(a) of the Commission's rules.. Action by: Chief, Enforcement Bureau. Adopted: 2023-05-30 by NAL. (DA No. 23-449). EB. Contact: Ryan McDonald, [email protected]<mailto:[email protected]>. DA-23-449A1.docx<https://docs.fcc.gov/public/
attachments/DA-23-449A1.docx> DA-23-449A1.pdf<https://docs.fcc.gov/public/attachments/DA-23-449A1.pdf> DA-23-449A1.txt<https://docs.fcc.gov/public/attachments/DA-23-449A1.txt>

(Moderator's Note:

Amateur or Part 97 match found in contents linked at URL:

) NAL/Acct. No.: 202332010003
Licensee of Amateur Radio Station N6PJB, ) FRN: 0001977578
Burney, California )

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1. We propose a penalty of $24,000 against Philip J. Beaudet (Beaudet) for apparently
willfully and repeatedly interfering with the radio communications of the Western Amateur Radio
Friendship Association (WARFA) while it was attempting to hold a regularly scheduled net1 and for
failing to provide station identification on amateur radio frequencies.
2. Amateur radio frequencies are shared, and amateur radio licensees may not monopolize
any frequency for their exclusive use. Deliberate interference undermines the utility of the Amateur
Radio Service by preventing communications among licensed users that comply with the Commission's
rules. In addition, the failure to transmit call sign information disrupts the orderly administration of the
Amateur Radio Service by preventing licensed users from identifying the entity that is transmitting.
3. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Beaudet, licensee
of Amateur Radio Station N6PJB in Burney, California, apparently willfully and repeatedly violated
section 333 of the Communications Act of 1934, as amended (Act), and sections 97.101(d) and 97.119(a)
of the Commission's rules, 2 by causing harmful interference to licensed radio operations and by failing to
transmit his assigned call sign in the Amateur Radio Service. We conclude Beaudet is apparently liable
for a forfeiture in the amount of twenty-four thousand dollars ($24,000).

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Section 97.101(d) of the Commission's rules states that "[n]o amateur operator shall willfully or
maliciously interfere with or cause interference to any radio communications or signal."5
5. Section 97.119(a) states that "[e]ach amateur station, except a space station or
telecommand station, must transmit its assigned call sign on its transmitting channel at the end of each

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6. The Commission has received numerous complaints alleging that Beaudet caused
intentional interference to other amateur radio operators using frequency 3.908 MHz and failed to
transmit his assigned call sign, in apparent violation of section 333 of the Act, and sections 97.101(d) and
97.119(a) of the Commission's rules.7 On November 22, 2022, in response to continued complaints
alleging intentional interference to amateur radio communications, an agent from the San Francisco Field
Office (San Francisco Office) of the Federal Communications Commission's Enforcement Bureau

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3.908 MHz and used direction finding techniques to identify the source of the transmissions as Beaudet's
amateur radio station, N6PJB, which he was operating at his residence in Burney, California. The agent
monitored the transmissions emanating from Beaudet's residence on his station for approximately two
hours that evening and heard him playing recordings on 3.908 MHz that caused interference to the
ongoing WARFA net while failing to provide his assigned amateur call sign.
7. On November 29, 2022, an agent from the San Francisco Office drove to Burney,
California, to continue to investigate the complaints. The agent monitored frequency 3.908 MHz and
used direction finding techniques again to identify the source of the transmissions as Beaudet's amateur
radio station, N6PJB, which he was operating at his residence in Burney, California. The agent monitored

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agent monitored frequency 3.908 MHz and using direction findings techniques identified the source of the
transmissions as Beaudet's amateur radio station, which he was operating at his residence in Burney,
California. The agent monitored the transmissions from Beaudet's station for approximately one hour

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and sections 97.101(d) and 97.119(a) of the Commission's rules.8 First, Beaudet apparently willfully and
repeatedly violated section 333 of the Act and section 97.101(d) of the Commission's rules when he
caused harmful interference to the WARFA net by playing recordings that interrupted the ongoing
communications. On November 22 and 29, and December 1, 2022, an agent from the San Francisco
Office observed Beaudet transmitting on Amateur Radio Service frequency 3.908 MHz by playing
recordings for extended periods of time. With these transmissions, Beaudet harmfully interfered with
other amateur radio operators who were already communicating on the same frequency. Further, his
transmissions would have harmfully interfered with any other amateur licensees attempting use the
frequency. Based on the nature of Beaudet's transmissions and the playing of a recording, we find that

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Beaudet's transmissions appear to have been made deliberately to prevent other amateur radio operators
from conducting legitimate communications.
9. Second, Beaudet apparently violated section 97.119(a) of the Commission's rules by
failing to transmit his Amateur Radio Service call sign.9 On November 22 and 29, and December 1,
2022, an agent from the San Francisco Office monitored 3.908 MHz collectively for approximately four

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violated section 333 of the Act and sections 97.101(d) and 97.119(a) of the Commission's rules by
interfering with other licensed amateur communications and failing to transmit his assigned call sign.10
A. Proposed Forfeiture

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Francisco Office 2015), forfeiture ordered, Forfeiture Order, 31 FCC Rcd 8700 (EB 2016) (assessing a forfeiture in
the amount of $7,000 per day for 2 days for causing intentional interference to amateur radio operators).
3

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proposed forfeiture. Here, we find none.18 Finally, we caution Beaudet that future violations of this kind
may result in significantly higher forfeitures or revocation of his amateur license.
IV. CONCLUSION

)

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