FCC Fines Ham $25K For Transmitting Music

The FCC has imposed a $25,000 fine on William F. Crowell, W6WBJ (ex-N6AYJ), of Diamond Spring, California, for intentionally interfering with the transmissions of other radio amateurs and transmitting prohibited communications, including music.

According to arrl.org, the penalty represents the full amount proposed in a December 2015 Notice of Apparent Liability for Forfeiture (NAL), and, the FCC said in a lengthy August 2 Forfeiture Order (FO), “is based on the full base forfeiture amount as well as an upward adjustment reflecting Mr Crowell’s decision to continue his misconduct after being warned that his actions violated the Communications Act and the Commission’s rules.”

“Mr Crowell does not deny that he made the transmissions that prompted the NAL in this proceeding, but argues, in large part, that those transmissions were protected by the First Amendment of the Constitution,” the Forfeiture Order said. In his responses to the NAL, Crowell not only argued that the enforcement action was directed at the content of his transmissions, which were protected by the Constitution, but were justified on the basis of other operators’ actions. “Alternatively, Mr Crowell maintains that someone else caused the interference or transmitted prohibited communications at issue in this proceeding,” the FCC said.

The FCC demurred. “It is well-established that regulation of radio in general does not violate the First Amendment or [the Communications Act],” the Commission’s Forfeiture Order said, “and courts have made clear that this conclusion applies to the Amateur Service as well.”