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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
November 29, 2010
Mrs. Sarah B. Helco
(Address withheld)
(Address withheld)
Re: WARNING FOR UNLICENSED RADIO OPERATION
EB-10-GB-0140
Dear Mrs. Helco:
Information before the Commission indicates that on Friday, November 5,
2010, you and your son were operating under the amateur radio call sign of
KE7YWD. This call sign is licensed to Robert Helco of Pleasant Grove,
Utah. According to the complaint, at first you identified with the call
sign KE7YWD and attempted to portray yourself as the licensee. When
advised that the call sign belonged to Robert Helco, you stated that
Robert Helco was your husband, and admitted that he was not present when
you and your son were operating the radio. When informed of the fact that
Commission rules do not permit you to operate your husband's amateur radio
equipment when he is not present and operating as a control operator for
the communication, you became belligerent wanted to know why you and your
son could not just use your husband's call sign. The complainants again
explained the Commission's rules to you. At that point, the complainants
indicated that they were not going to continue communicating with you
because you did not hold a valid Commission license. You continued to try
to speak with them, but they did not respond.
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
ANY UNAUTHORIZED OPERATION OF THIS RADIO STATION MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to come into compliance with the Commission's rules. You
are directed to support your response with a signed and dated affidavit or
declaration under penalty of perjury, verifying the truth and accuracy of
the information submitted in your response. Your response should be sent
to: 1270 Fairfield Road, Gettysburg, PA 17325 and reference the listed
case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Denver Field Office
Western Regional Director
See 47 C.F.R. S: 97.115(b) which states in pertinent part: "The third
party may participate in stating the message where: (1) the control
operator is present at the control point and is continuously monitoring
and supervising the third party's participation . . ."
Commission records confirm that you do not have an amateur license.
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.