FCC proposes record $34k fine for unauthorized transmissions during wildfire
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If I had a dollar for every time I've seen Jason and his cohort shoot themselves in the foot with some ill-advised network architecture, rf engineering or network engineering design choice...
That he's out there interfering with licensed bands and emergency services is totally unsurprising. That's only the tip of an iceberg of weirdness.
There are very, very few FCC enforcement bureau staff members in WA, ID, OR. You have to do something really egregious to get on their radar screen. Every time the FCC fines someone $10k+ it goes in their public daily digest emails as a "notice of apparent liability" and is quite a rare event in the Pacific Northwest. It is not at all as if the FCC has vans full of guys with spectrum analyzers and such driving around the area trying to hunt down and fine people for petty reasons. To get fined by them you really have to go far outside the accepted norms for two way radio or wisp operations in the area.
He has network equipment and repeaters at the mentioned elk butte site and probably thought he was doing something to protect his gear.
His FCC licensed part 101 fdd band plan ptp microwave links are all part of the public record as part of the FCC ULS public data for the curious.
> On July 22, 2021, the Commission received a complaint from the U.S. Forest Service alleging that an individual had been transmitting on government radio frequencies 148-174 MHz without authorization, and that the individual was causing radio frequency interference to the U.S. Forest Service firefighter’s fire suppression aircraft in Coeur d’Alene, Idaho.
The obvious questions are how disruptive was he and what were his intentions. This information is not present.
8 transmissions over two days could be annoying or nothing. Big difference if he's informing them where a trapped family is or is bullshiting wasting airtime
That could have spread to a thousand times the size, resulting in a massive loss of life and assets.
> The obvious questions are how disruptive was he and what were his intentions.
That’s not to point. He clearly knew he shouldn’t do it, and knew (or refused to accept) the reasons why.
The fact is, this kind of behaviour needs to be addressed to avoid interference during a more catastrophic incident in the future. Given the pattern of wild fires in the past few years, is almost certainly a ‘not if but when’ event.
It says in the article he disclosed his location.
If the government wants you to be punished, and there's enough spite on the table, guilt or innocence matters little. See: Waco, Ruby Ridge, the FBI urging MLK to kill himself, and countless others that didn't make a lasting splash in the headlines.
But aside from intent, if the government didn’t enforce this strictly, it would open up the opportunity for all number of ‘helpful’ folks to chime up in the future, which could have a slippery slope. They don’t want to be in the business of carving out a ‘helpful’ exception and then have to draw the line on how helpful is worth it. Seems like a recipe for inconsistent enforcement.
Then again, that news could have the opposite of a chilling effect and cause people trying to be helpful to interfere in future situations.
One would hope $34,000 is a powerful deterrence.
34k is a powerful enough deterrent that it could cost a life. What if a neighbor runs over and says someone is seriously injured a half mile down the road and the phone+cell towers are out. Do you risk the $34k and transmit? What if it's a stranger instead of a neighbor?
Which is why he got fined so heavily. If it was a real life and death emergency, that isn’t what happens.
This dude transmitted eight fucking times and someone had to drive there to stop him.
If you're really curious, go and do the research then - if it's not public record, you can file a Freedom of Information request.
But why do you care so much?
In your hypothetical scenario, you can transmit just fine - just use the proper emergency / SOS channels, not the ones reserved for e.g. the fire department, you're more likely to get help then. I don't see why so many people seem to struggle with this basic concept.
Jumping in on a non-open frequency that is used for firefighting coordination, with a callsign that is specifically chosen to sound as "part of the team", it just a stupid stunt that deserves to be prosecuted.
> on July 17th and 18th, firefighter personnel working on the “Johnson” fire [...] began receiving unauthorized radio transmissions from an individual identifying as “comm tech.” This individual interrupted fire suppression activities and began advising the firefighters and aircraft personnel of hazards at a radio repeater site located at Elk Butte. [...] This individual, subsequently identified as Frawley, admitted to transmitting on government frequencies and doing so as a “comm tech.” The fire operations section chief instructed Frawley to cease operations on the frequency and returned to his post.
so it doesn't sound like they were very happy with his "help".
I think the big part was that it was on the same frequency that the ground crews and fire fighting aircraft were using to coordinate with each other.
Absolutely not.
He identified himself as "comm tech" in his transmission. At that point the person managing traffic logs in the Communications Unit checks their sheet provided by the Operations Section and sees no "comm tech" assigned to the incident. This gets reported up to the Logistics Section Officer and then escalated to the Incident Commander.
Every asset in the field is checked out, logged, and checked back in for safety reasons. You now have to divert resources to a search and rescue mission for your missing "comm tech" and the entire command post is going back rechecking EVERYTHING.
Edit: https://www.fema.gov/sites/default/files/2020-07/fema_nims_d... if you want to torture yourself with the details of how these types of things are handled
You would absolutely not want to learn the opinions of the fire crews about if he was helpful or not?
He ignored them and deserves this fine.
Nothing about this clown show was helpful, because you have now created an incident within an incident that diverts the most critical assets (command and control) from what they should be doing to direct the attack on the fire.
I get that he was probably a nuisance, I just think it is absurd that everyone here is speaking as if they have perfect certainty.
I guess the moral is never talk to cops, even if it would save lives.
If it can wait 2 minutes, then use the proper channels. This guy could have waited 2 minutes, if he had any useful information at all.
This isn't "don't talk to cops", this is more like "don't jump into a moving cop car to tell them something".
During his transmissions he was blocking any other transmission on that frequency, maybe an important message couldn’t be sent due to his „help“. Those frequencies are for emergency personnel only and it can‘t be used as a public tip line.
Imagine there would be more of his kind on those frequencies, all of them „helping“. Each one thinking that their help is essential, but none of them actually being in emergency response teams, just sitting in their lawn chairs giving helpful advise.
Or hell even just saying "break break, I am a civilian with life saving information" and waiting would have been acceptable in an emergency. The comms manager would have directed him to change to a backup frequency and taken the information. Instead he tried to "fit in" and play cool guy.
As a holder of multiple FCC licenses, he is obligated by law to know this stuff, which is why I am being overly hard on him.
They thought he was so helpful they told him to stop.
Helpful or not.
It's baffling to me how many people here are defending them. This is about as clear-cut as it gets.
What they really advocate is freedom from consequences. Maximal individualism at the expense of the common good.
As a Gen-X, my early exposure to right-libertarian notions was thru Robert Heinlein, Ayn Rand, etc. So edgy, so attractive. Sign me up! I so wish young me had known about Buchanan, John Birch Society, etc. Would have saved myself a lot of time.
https://www.fcc.gov/document/fcc-proposes-fine-interrupting-...
This appears to be the agency's statement:
> § 97.403 Safety of life and protection of property.
> No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.
I think that would be the key point to the exemption. He likely could have contacted the fire service by telephone or other "normal communication systems".
(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.
(c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.
But you can’t just declare emergency and do whatever you want (people have been caught abusing this to get priority on landings, etc).
When I think of emergency transmissions, there must be an immediate need: "watch out, the tower is about to collapse".
I get the feeling that this guy was making transmissions that were more like status updates about an emergency. "Seeing some flames here..." Etc.
I'm certain that if he was in danger, and called May Day on the wrong frequency, they'd be no issue. More than likely they'd be a local news article reminding people how important radio communications are for remote locations.
Yes there is an exception, but did you stop and think whether it applied in this case? If he wanted to be helpful, there are a billion other frequencies (I don't even know) he could've done so without broadcasting on the reserved frequencies.
If he (albeit illegally) provided extremely useful information to the firefighters that prevented a bigger spread and possible saved lives, would FCC still fine it?
e.g. Jumping in the plane's communication frequency and telling them the coordinates where a fire they haven't realized, say, is moving very close to a oil refinary. (Just made it up but you get the idea)
After multiple "gtfo" this isn't the scenario...
As for your hypothetical scenario, why would they hijack the plane's communications channel, instead of contact the central fire fighting authorities through the proper channels?
If you don't know what the proper channels are, you shouldn't have a license. This is another reason the guy was fined; it wasn't a random that happened to find a radio set to the reserved frequency (or however these things work), it was a licensed radio operator, they get trained and tested. And he repeated offenses, despite being told to stop / get off the channel.
I once filed an FCC complaint about a broad frequency disruption to broadcast radio in one location. As you drove down the street everything went from fine to static and then fine again. I suspect it was merely a bad transformer on a power pole, arcing or something. Anyway, nothing was ever done and it went on for years.
The problem is, someone would actually have to figure out who's fault it is and who to contact about the problem. Getting the FCC to roll one a very limited number of vans to figure it out is hard. (You'd have been better off writing one of the utilities on the pole and copying the FCC, because they generally take their obligations seriously to avoid RFI to avoid fines, and would tend to figure it out even if it's someone else's problem).
In the case of this dude-- no need to figure it out. It was annoying enough to the Forest Service that they had to find him and tell him in person to stop.
He was asked on air to stop transmitting, and kept going... necessitating personnel having to take a break from incident command to go out and drive and tell him to stop.
Subsequently, there were further unauthorized transmissions, but this guy denies making those.
The government has a monopoly on violence. Police can only do what the government permits (legally or customarily).
When a single org has the power to target a citizen, name the crime, pass a guilty verdict, and enforce a penalty, then what keeps them from becoming just a political a tool for the people in the driver’s seat?
That horse escaped the barn door a long time ago.
I believe that you can take these kinds of things to trial in federal court, if you so wish (I'm pretty sure companies take stuff from the SEC to court all the time).
However, for the FCC to actually smack you down, you generally have done something egregiously stupid and they explicitly told you to stop and you ignored them and they have you dead to rights.
So, you can take it to court. Your probability of winning is just realy, really, really low.
https://www.natlawreview.com/article/fifth-circuit-decision-...
The FCC is a government organization with the authority to fine people for violations of the rules and laws. And of course, as civilian or person-getting-fined-by-the-fcc, you have the right to fight these rulings, in court if needs be, if you do not believe the fine was justified. That's how the system works; I'm not sure what else you want.
Sure, he's guilty in this instance, but I was talking about macro-regulation.
> of a $10,000 forfeiture for each of the two days of apparent unlicensed operations30 and a $7,000 forfeiture for each of the two days of harmful interference),31 for which Frawley is apparently liable. We caution Frawley that future violations of this kind may result in significantly higher forfeitures or revocation of his amateur license.
He's free lawyer up, but the first round of litigation is before an administrative law judge and all that's required is the preponderance of the evidence, as they are not seeking a criminal conviction.
This kind of thing is why people are so reflexively against federal regulation of anything. You pressed talk on your radio during a disaster, give us half your income. Oh, you caught the wrong kind of lobster, just go ahead and declare bankruptcy.
If you read TFA, you'd know that's not at all what happened. He is a licensed amateur radio operator and knew the rules, and kept breaking them during a critical firefighting operation even after being told to stop, multiple times.
This was no accident or harmless mistake. I think the fine is justified.
It looks like the FCC has plenty of hard evidence, and they are not making stuff up to fine him with.
Okay but the comment above said "hard evidence of a negative outcome", not "hard evidence [that he transmitted]".
If they did have evidence of negative outcomes, I think they'd do more than use the word "potential" when talking about harm to life and property.
I was aiming for a basic simple assertive, avoiding being overly passive-aggressive. The question in that post is not rhetorical.
You are just making things up. This isn't in the article or the FCC document.
It says he was told to stop on the 2nd day, and does not mention any transmissions afterwards.
Why do you feel the need to insert your fictional narrative into the discussion?
He's not just some yokel with a radio trying to help out
This is definitely a case of "this is your livelihood, you should have known better, please take this more seriously" type of thing
If he doesn't take the rules seriously enough to not broadcast on restricted bands, can he be trusted to respect the rules for his WISP?
I know what you are trying to say here, but it is quite clear in that quite a few HN commentators strongly, and bizarrely, disagree.
Likewise, some text on a website says you and your comments can be removed from this site if they break the rules; you agreed to said rules when you created an account. I mean I'm sure you can start a discussion about some of the finer points if you bring up good points, but in the end, you agreed to create your account and use the service under those conditions.
Likewise, this person decided to get a license for radio transmissions, accepting the consequences for misuse. If he didn't want to be at risk of those consequences, he shouldn't have a radio.
I'm seeing a lot of libertarians / anarchists in this comments thread, who seem to fail to grasp the basics of a functioning society. If there were no deterrents, rules, "pieces of paper", etc, it would be anarchy and the radio would be unusable.
Not that it actually matters; he was licensed, he knew the rules and laws, and any warnings given were a courtesy. He's a full adult, he doesn't need a thread of commenters (not you specifically) to defend him or his actions.
There's a lot of people jumping to this guy's defense, or reinterpreting the law, or what-iffing hypothetical scenarios in this comments thread and I don't understand it.
Let the guy take the L, he broke the law and has to face consequences, it's that simple.
edit: I see another commenter in this thread pointing out he got off lightly, too.