Subject: [NEXTEL-1] Riley's Hammer

From: Alan Dixon <[email-masked]>
Date: Fri, 9 Apr 2004 13:59:33 -0400

From: "ARRL Letter Mailing List"
Date: Thu, 8 Apr 2004 18:00:10 -0400
Subject: The ARRL Letter, Vol 23, No 15

***************
The ARRL Letter
Vol. 23, No. 14
April 9, 2004
***************

+Two-meter long-range telephone nets big fine for restaurant

=================================

==>FCC FINES RESTAURANT FOR LONG-RANGE TELEPHONE USE

A New Jersey restaurant is facing a $10,000 fine from the FCC for
operating transmitting equipment on 2 meters without a license. The case
involves Best Wok in Westville, which apparently had been using a
so-called "long-range cordless telephone" to communicate with its
delivery
vehicle. The FCC says the telephone in question--said to have been
obtained outside the US and not FCC certificated--operated within the
2-meter satellite subband at 145.8376 MHz. Acting on a tip, the FCC
conducted an investigation that resulted in the February 26 issuance of a
Notice of Apparent Liability for Forfeiture (NAL) to Best Wok. While the
case dates back to 2001, the FCC asserted in its NAL that the restaurant
had violated the Communications Act as recently as early last year.

"On February 28, 2003, Best Wok operated radio transmitting equipment on
the Two-Meter Amateur Radio Service frequency 145.8376 MHz," the FCC
said.
"Neither Best Wok nor any of its employees held a license to operate a
station in the Amateur Radio Service Band." In 2001, following numerous
complaints from the amateur community, the ARRL asked the FCC to
investigate and "take appropriate action" against several companies it
alleged were marketing similar telephone devices via the Internet.

After issuing a couple of warning notices, an FCC agent from the
Commission's Philadelphia office visited Westville in February 2003 "to
determine if Best Wok was operating radio transmitting equipment" on 2
meters. Using direction-finding techniques, the agent pinned down the
source of the transmissions to Best Wok.

According to the FCC, the agent visited the establishment and inspected
the radio transmitting equipment in the presence of restaurant manager
Sae
C. Hauwo. "The agent found that Best Wok was operating a long-distance
cordless telephone system," the FCC said. The Commission says Hauwo told
the agent he installed the long-range cordless telephone system so that
his employees could answer customers' telephone calls while making
deliveries.

Hauwo said that after the restaurant got the second written warning, it
stopped using the long-range telephone and purchased a set of Multi-Use
Radio Service (MURS) radios that operated on 154.600 MHz. But the MURS
units failed to provide sufficient coverage, the FCC says Hauwo told the
agent, so Best Wok resumed using the long-distance cordless telephone
system.

In its NAL, the FCC said that based on the evidence it had, it determined
that Best Wok "willfully violated" Section 301 of the Communications Act.
Applying its forfeiture policies and the statutory factors, the FCC said
the $10,000 fine was warranted. Best Wok was given 30 days to pay the
fine
or to seek a reduction or cancellation.

In unrelated enforcement actions, the FCC has downgraded one licensee and
canceled four license grants in California pursuant to an audit of a
W5YI-VEC examination session on September 1, 2001, in Yucaipa and an
ARRL-VEC examination session on March 30, 2002, in Los Angeles. All
participating volunteer examiners have been removed from VE service by
the
VECs.

===========================================================
The ARRL Letter is published Fridays, 50 times each year, by the American
Radio Relay League--225 Main St, Newington, CT 06111; 
tel 860-594-0200; fax 860-594-0259;
<http://www.arrl.org>. Jim Haynie, W5JBP, President.

Material from The ARRL Letter may be republished or reproduced in whole
or
in part in any form without additional permission. Credit must be given
to
The ARRL Letter and The American Radio Relay League.

==>Editorial questions or comments: Rick Lindquist, N1RL, [email-masked]

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