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FCC Alleges Michigan Ham Engaged in Deliberate Interference, Made Threats
NEWINGTON, CT, Apr 25, 2003--The FCC alleges that a Michigan ham engaged in
deliberate interference and broadcasting and threatened other amateurs, and
it has sent Michael Guernsey Sr, ND8V, of Parchment a tape recording to back
up those assertions. Since late 1998, Guernsey has been the recipient of
seven letters from FCC Special Counsel Riley Hollingsworth, including two
warning notices. In 2000, the FCC threatened to designate Guernsey's license
for a revocation and suspension hearing. Guernsey subsequently agreed to a
nine-month suspension of his HF privileges in 2001.
"The operation of your station over the last several years raises questions
about your qualifications to remain a Commission licensee," Hollingsworth
wrote Guernsey on April 7. The latest flap primarily involves complaints
from other amateurs of deliberate interference on 20 meters.
The recorded transmissions were made on March 26, 2003. Hollingsworth said
the transmissions included threats to another amateur, deliberately calling
CQ atop ongoing QSOs--even while Guernsey acknowledged that he was able to
hear the other stations--broadcasting, and deliberate interference.
In his letter, Hollingsworth noted that some of the interference apparently
sprang from on-the-air personal disputes or from what Guernsey perceived as
deliberate interference to his transmissions. Even so, he said, Guernsey has
apparently ignored the Commission's written and verbal warnings to not
retaliate with similar behavior.
Hollingsworth advised Guernsey that the alleged deliberate retaliatory
threats and transmissions on top of the communications are contrary to FCC
rules "and indicate that the numerous warnings to date have little, if any,
effect in regarding to bringing your operation into compliance with
Commission rules."
Hollingsworth requested that Guernsey review the tape recording and respond
in writing and in detail within 20 days. He said the FCC will use the
information Guernsey submits to decide whether to designate Guernsey's
license for a suspension and revocation proceeding or to lift voice
privileges from Guernsey's license for the remainder of his license term,
which ends in 2012.
In a related letter, Hollingsworth issued similar words of caution to George
Zardecki, N9VTB, of Chicago, with whom, he says, Guernsey has squabbled on
the air. While Hollingsworth indicated that he would review and take action
regarding Zardecki's deliberate interference complaints, he advised Zardecki
that "in several instances, your own conduct was as bad or worse than the
party about whom you complained." He cautioned Zardecki against retaliatory
interference, slander and name calling.
He also told Zardecki that his claim of a "Polish calling frequency" on 20
meters was "without foundation" in FCC rules or in any band plan.