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FCC Sets Aside License Grant, Issues Short-Term License

NEWINGTON, CT, May 30, 2001--The FCC has set aside a recent license grant to a Florida man and issued a short-term grant in the case of an Illinois amateur. The two cases are among several recent FCC enforcement actions.

FCC Special Counsel for Amateur Radio Enforcement Riley Hollingsworth said the Commission has set aside the Technician license of Joseph E. Mattern, KG4NGG, of Orlando. A former Tech Plus licensee, Mattern was the subject of past FCC enforcement attention. He was relicensed on May 3.

"He was only back on the air for a few days before complaints started coming in, including one alleging use of a false call sign," Hollingsworth told ARRL. "He also was asked by the control operator to stay off several repeaters in the Orlando area." The FCC's Wireless Telecommunications Bureau set aside his latest Amateur Service grant on May 15.

Last August the FCC wrote Mattern--then WW4WJD--citing allegations that the licensee had been using repeaters in his area to solicit traffic reports for his employer--a company that markets the reports. Hollingsworth said at the time that evidence before the FCC alleged that Mattern had been requested to stop operating on certain repeaters but had refused to do so. The FCC also cited evidence alleging that Mattern may have used area repeaters to discuss business dealings regarding computer equipment and that he may have indirectly threatened area Official Observers.

In his reply to the FCC, Mattern characterized his traffic-reporting activities as "a hobby" that earned him very little money. He also said he was not in the computer business and agreed to abide by the wishes of repeater control operators.

In September the FCC required Mattern to retake the Technician Plus exam. Mattern appeared for retesting but failed both elements, and the FCC canceled his license. Mattern subsequently retested for the Technician ticket and passed.

When the Wireless Telecommunications Bureau granted Mattern's application and issued him a new call sign, KC4NGG, Hollingsworth reminded him that he was expected to comply with requests from repeater licensees or control operators to refrain from use of their repeaters and to avoid using ham radio for business purposes. In a May 16 letter to Mattern, Hollingsworth said Mattern's Technician application now reverts to pending status. He said the latest complaints have been referred to the Enforcement Bureau for evaluation.

"I'm looking at the complaints now," Hollingsworth told ARRL. He said he expected to address the matter within a few days. Hollingsworth has reminded Mattern that he had no authority to operate radio transmitting equipment.

In an unrelated action, the FCC has issued a short-term license grant to General licensee Reyes Lugo, KB9YDM, of Chicago. Like Mattern, Lugo--who once held an Extra class ticket, NP3N--has a track record with the FCC's Enforcement Bureau. Last summer, he was requested to retake the Extra exam but passed only the Morse code element and his license was canceled.

Lugo subsequently retested for Technician and General and was granted KB9YDM. The FCC set aside those grants while it investigated complaints it had received about Lugo's radio operations as NP3N and KB9YDM. The Commission said those allegations had "raised questions" about Lugo's qualifications to hold an amateur license.

Among other things, the FCC wanted to know if Lugo had ever transmitted on 26.715 MHz. The Commission asked Lugo to comment on four pages of transcripts of transmissions monitored on 26.715 and 21.310 MHz alleged to be made by Lugo. The FCC also asked Lugo to detail any complaints about his amateur operation and what action he took, if any. The FCC also said it wanted to know if Lugo had ever served as a volunteer examiner and if he ever received any compensation for his VE work.

In his reply to the FCC, Lugo denied making any of the transmissions cited and said he's never transmitted on 26.715 MHz. He also said he was not a VE and that he had not received any complaints about the operation of his station on the ham bands or any other frequencies.

Hollingsworth informed Lugo on May 10 that the FCC was granting his General application for a one-year period. Violations of any sort on any frequency, Hollingsworth said, could result in a fine and a revocation and suspension hearing. "If there are no such violations in the one-year period, you may routinely renew your Amateur license," Hollingsworth concluded.


   



Page last modified: 02:19 PM, 30 May 2001 ET
Page author: awextra@arrl.org
Copyright © 2001, American Radio Relay League, Inc. All Rights Reserved.