FCC
Complaints & Request for Response

FCC Request for Response to Alleged Rule Violations


FEDERAL COMMUNICATIONS COMMISSION
Gettysburg, PA 17325-7245

October 15, 2002

CERTIFIED MAIL-RETURN RECEIPT REQUESTED

Mr. James S. Watkins
618 S Main Street C
Burbank, CA 91506

RE: Amateur Radio license K16GU
Case #EB-2002-451


Dear Mr. Watkins:

Enclosed are complaints filed about the operation of your station on 3.830 MHz on August 16 and 24, 2002. The complaints relate to a call-in show or "reverse phone patch" in which you requested short wave listeners to participate.

Section 308(b) of the Communications Act of 1934, as amended, gives the Commission the authority to obtain information from licensees about the operation of their station. Accordingly, you are requested to review and respond specifically to each of the complaints within 30 days of the date of this letter. The information you submit will be used to determine what action we take in this matter.

Sincerely,

W. Riley Hollingsworth
Special Counsel
Enforcement Bureau

Enclosures (2): 9 pages

CC: FCC Los Angeles

Victor M. Magana, N1VM
445 S. Seventh Street,
Kerman, California, 93630-1534
Wednesday August 28, 2002

Federal Communications Commission
W.R. Hollingsworth
Special Counsel for Amateur Enforcement
1270 Fairfield Road
Gettysburg, PA 17325

Dear Riley Hollingsworth:

This letter is to report some on the air operating discrepancies that I monitored on Saturday August 24, 2002 between 07:45 and 09:18 UTC, on frequency 3.830 MHz. This was also reported to you by American Radio Relay League, Official Observer, Erik Dean N16G, here in the San Joaquin Valley Section via e-mail on August 26, 2002. This K16GU reverse phone patching activity was first monitored on August 16th, 2002 from 07:07 to 08:11 UTC, documented information is also enclosed.

Previously on August 24, 2002 between 07:45 to 09:18 UTC, Mr. James W. Watkins, Amateur Radio station KI6GU conducted a reverse phone patch operation on 3.830 MHz, using mode J3E lower sideband and requesting that short wave listeners call him at his 818 842-4402 reverse phone patch number to join him in an on-the-air talk session With Mr. Art Bell W60BB, Mr. Orville J. Dalton K6UEY and others.

This type of activity appears not to conform with the spirit of the rules nor with good amateur operating practices. It also appears to fit the Commissions definition of broadcasting under Section 97.3(a)(10) of the Amateur Radio Service Rules. Broadcasting is not allowed on the Amateur Radio Service Bands and Amateur communications must not be geared toward non-licensed or short wave listeners.

For other operating discrepancies, please reference Amateur Radio Service Rules: 97.111(b) Authorized transmissions, 97.101(A) General Standards, 97.103(a) Station License Responsibilities, 97.105(a) control operator duties, 97.113 Prohibited transmissions, 97.119 Station identification.

Enclosed you will find a cassette recording for the date of Saturday August 24, 2002, time 07:45 to 09:17 UTC, frequency 3,830 MHz.

On the tape you will here Amateur Radio operators, Arthur W. Bell W60BB, James W. Watkins K16GU, Orville J. Dalton K6UEY taking part in reverse phone patch communications along with other amateurs on frequency. You will also hear them Soliciting short wave listeners to call the phone patch, verbal mocking and attacking of other amateurs, profanity, one-way type broadcasting communications and unidentified comments.

Date: Saturday August 24, 2002

Time: 07:45 to 09:17 UTC

Clock used: Radio Shack Radio Controlled

Frequency: 3.830 MHz

Recording: Yes, enclosed

Recorder: GE model 3-5025A cassette recorder
Tape no. 9A-9B, a Maxwell UP, 90 minute tape
Mode: J3E, lower sideband

Equipment: Kenwood TS-830S HF Transceiver with Kenwood frequency controller model DFC-230, antenna is a 1/2 wave inverted V dipole cut for 80 meters and up at approximately 35 feet.
Signal strength: some stations 5/8 to 5/9+20

07:45 UTC started tape recorder, tape side 9A.  Audio is heard after 13 seconds of tape start time.  Stations talking about trees.

07:47  K6UEY first identify's on frequency.

07:48  W60BB: Yeah it's very noisy.

07:48  Multiple stations identify (ID): KD7BCW (ID), K16GU (ID), W60BB (ID), WA6DTV (ID), WA7JR, KD7MAR, two stations were unintelligible when they said their call signs.

07:49  K16GU does a quick test with phone patch.

07:50  K16GU testing, DTMF tones heard.

07:50  K16GU: We're ready to take phone calls for anybody that's a shortwave listener that wants to call in.  That number 818 area code 818 842-4402, area code 818 842-4402.  This is K16GU Burbank With the 3830 group taking calls at 818 842-4402.  K6UEY: Let me repeat that number with a little power here, the number again is 818 842-4402 and operators are standing by.  K16GU: just one actually.

(Caller no.1)

07:51  First caller possible prank. W60BB says its Billy.

(Caller no. 2)

07:58  K16GU says we got another, KD7CBX Paul in Orville WA.  K16GU says he hears feedback on head set.

07:59  W60BB identify's and talks to Paul about antennas.

07:01  K6UEY now talking to Paul.

08:02  Unidentified snoring.

08:05  Stations commenting over the top of K16GUs phone patch transmissions while Paul is talking, and unidentified snoring. KD7CBX identify's through phone patch.

08:05  K6UEY calls anonymous Stations a couple of ignorant ass holes.

08:06  K16GU identify's.

08:08  W60BB comments about antennas.

08:10  KD7CBX talking now.

08:12  KD7CBX turns it over to Orv K6UEY.

08:15  KD7CBX now talking.

08:18  KD7CBX turns it over to W60BB and he beings talking about pouring concrete.

08:20  KI6GU asks Paul what the signal sounds like at his location.

08:20  Call ends with KD7CBX.

08:21  K6UEY, W60BB, K16GU, multiple stations identify.

(Caller no. 3)

08:23  Judy N7NGX say she's in Seattle WA on a cell phone.  W60BB identify's, says hello and then K6UEY talks to her.

08:25 W60BB asks what is a 505 and tells her he knows about the 909.

08:27  Call ends With N7NGX, she says, this is N7NGX bye.  K16GU telling her to call again says he's going to do the phone patching on Fridays.

08:29  Multiple station identify, KD7BCW, W60BB Pahrump, WA7JR, KD71UR, and others down in the noise.

(Caller no. 4)

08:29  Another caller, Barry a listener in Palm Desert.  Says he's a short wave listener.

08:31  Tape side 9A ends, turned tape to side 9B and started recorder.

08:33  Barry asks W60BB if he uses hot packs on his back.

08:34  K16GU and W60BB (ID).

08:34  Call ended With Barry.  KI6GU saying he'll be back.

08:35  K16GU, W60BB, and K6UEY identify.

08:35  W60BB tells Ben to take the weekend to put up his antenna.

08:37  K16GU says he's back.

08:37  K6UEY says the band is noisy.

08:38  K16GU announces phone number 818 842-4402 says if you wanna talk to this group give us a call. K6UEY also announces phone number.

(Caller no. 5)

08:40  Another caller, KG6KLE Greg in San Diego. KG6KLE begins to verbally attack and mocking K6UEY calls him a moron.

08:43  KG6KLE calling K6UEY a hypocrite because he's only on phone.  K16GU tells caller: when you're done just say over.

08:43  K6UEY says they've been doing the phone patch for 25 years. And tells KG6KLE he won the prize.

08:45  K16GU again tells him to say over when he's through talking.

08:47  patch with KG6KLE ends.

08:48  W60BB: that had to be one of the better ones.

(Caller no. 6)

08:50  Another caller, Larry N7ZKF says he's a general class.

08:51  K6UEY talking to Larry tells him he's Still kinda flustered.

08:53  Call ends with Larry.

08:54  multiple stations identify:  K6UEY,  K6UEY Sacramento, W60BB: W60BB Pahrump, WA6DTV, WA6DTV, K16GU: K16GU Burbank, KD71UR Kingman.

(Caller no. 7)

08:56  Paul in Maple Valley, listening on a shortwave radio and just a wire antenna

09:01  W60BB (ID), says Ben dam it put up an antenna.

08:57  KI6GU tells him to say over when he's done.

08:58  Paul says he's been listening to them since 1999.

08:58  K6UEY says the phone patching was Art's idea originally and called it the short wave listener's network.

09:00  KD7BCW (IDs) and makes comment.

09:00  W60BB (ID)

09:01  W60BB says, Ben dam it put up an antenna.

09:02  K16GU announces phone number again.  KI6GU: Ok it's 818 842-4402, area code 818 842-4402.  That's the number to call if you want to talk to these, ah, well, these ah, these people.  K6UEY also announcing reverse phone patch number 818 842-4402.  K6UEY: Let me put a little power behind it 818 842-4402 (Phone patch rings). K16GU: see how fast that works.

(Caller no. 8)

09:03  Norm in Tacoma WA. (unlicensed)

09:04  Norm says he's using a Sangean 383 receiver.

09:12  W60BB telling Norm the caller that he's getting ready to put up some wind generators.

09:15  Call ends with Norm the caller.

09:16  K16GU leaves, K6UEY makes one-way transmission to a previous caller (N7ZXF)

Multiple stations identify: K6UEY, KD7BCW, W60BB, and others in the noise.

09:17  WA6DTV identify's.

09:11  Multiple identify, heard K6UEY, W60BB, WA6DTV

09:16  Patch ended.

09:17  Tape stopped, side 9B

09:18  K16GU Burbank (ID)

09:18  I stopped monitoring.

Victor Magana, NIVM
American Radio Relay League
Official Observer Coordinator
San Joaquin Valley Section
Pacific Division
e-mail n1vm@juno.com

<AUGUST 16, 2002, 3.830 MHz REVERSE PHONE PATCH ACTIVITY>

Monitor: Victor Magana, N1VM
Location: 445 S. Seventh Street
Kerman, California, 93630-1534
e-mail: n1vm@juno.com

Date: Friday, August 16, 2002
Time: 07:07 to 08:11 UTC
Clock used; Radio Shack Radio Controlled Frequency
3.830 MHz Recording: No

Mode: J3E, lower sideband
Equipment: Kenwood TS-830S HF Transceiver With Kenwood frequency controller model DFC-230, antenna is a 1/2 wave inverted V dipole cut for 80 meters and up at approximately 35 feet. Signal strength: Several stations 5/8 to 5/9

Reference part: 97.3(a)(10), 97.111(b) Authorized transmissions, 97.101(a) General Standards, 97.103(a) Station License Responsibilities, 97.105(a) control operator duties, 97.113 Prohibited transmissions.

Subject: K16GU Reverse Phone patch on 3.330 MHz.  Operators soliciting shortwave listeners to call his phone patch so that they could talk to other amateurs on 3.330 MHz.

At 07:07 UTC, I first heard K16GU and W60BB identify on 3.830 MHz.  At 07:19 UTC, K16GU and W60BB were both making one-way communications Soliciting unlicensed shortwave listeners to call their phone patch number 818-842-4402. They had several people who did call the phone patch number. And both K16GU and W60BB did talk to them along With others on frequency.  At 07:44 UTC, both K16GU and W60BB identified.  Callsigns heard talking through reverse phone patch set up on 3.830 MHz were, KD7MAR at 07:33 UTC talking to Art Bell W60BB, KD7BCW at 07:36 UTC who also called the phone patch number, KD7NGZ at 07:38 UTC NL7RR at 07:52 UTC. Other calls heard on frequency were K6MIT, WQ6I, N0BOW and others too noisy to hear.  At 08:01 UTC, W60BB was heard again soliciting for anyone listening to call 818-842-4402, he also said, remember never be afraid to say to the operator to reverse those charges.  This lasted until 08:11 UTC.  KI6GU identified and said he was going to go eat.

08:11 UTC end of monitoring.

Victor Magana, NIVM
American Radio Relay League
Official Observer Coordinator
San Joaquin Valley Section
Pacific Division
e-mail n1vm@juno.com

Erik Dean, N16G
3813 N. State Ave.
Fresno, CA 93722
(559) 277-5380

Federal Communications Commission
Enforcement Bureau, Amateur Radio
1270 Fairfield Road
Gettysburg, PA 17325

August 26, 2002

Dear Enforcement Bureau,

I am writing in regards to an operation containing clear violations of the spirit and intent of the amateur service. On August 24, 2002 between 07:51 and 09:24 UTC amateur station K16GU conducted a reverse phone patch operation on 3.830 MHz LSB by soliciting unlicensed short wave listeners to call him and join an on-the-air chat session with W6OBB, K6UEY and others. This activity clearly fits the definition of broadcasting under Section 97.3 of FCC regulations. Of course, broadcasting is not allowed in the amateur service. The other transgressions that occurred pertain to rules 95.105, 97. 10 1 a, 97.103, 97.105a, and 97.113.

Please find a cassette enclosed for the above date, times, and frequency. It is particularly disturbing that well-known commercial broadcast personality and veteran amateur Art Bell W60BB would take part in these illegal communications. Clearly, it is setting a bad example for the amateur service. On the cassette, you will find slandering of other amateurs, one-way broadcasting, and several "gray areas" in which Art Bell W60BB is apparently promoting his commercial network show and a product that has been sold on his program - the Sangean 909 receiver. This last example can be heard near the end of cassette side B, at 09:19 UTC, when short wave listener Joe from San Jose called-in.

The critical times of the tape are outlined as follows:

07:51 K16GU announces telephone number for reverse patch.

07:51 K6UEY repeats number, "and operators are standing by".

07:53 First Caller "Billy", probable prank.

07:59 KD7CBX Paul from WA.

08:06 K6UEY refers to anonymous amateurs as "ignorant assholes".

08:21 Call with KD7CBX ended.

08:24 N7NGX Judy called-in.

08:30 Barry "short wave listener".

08:40 K16GU's phone number announced (818) 842-4402.

08:41 KG6KLE verbally attacks K6UEY, called him "moron".

08:51 N7ZKF Larry.

08:57 Paul from Maple Valley, WA.

09:03 K16GU's phone number announced.

09:04 Norm from Tacoma, WA.

09:17 Joe in San Jose.

09:20 Art Bell promotes Sangean 909 receiver and his own network show.

09:24 Cassette ends.

Thank you for taking my complaint under consideration. I have forwarded a copy of this letter to FCC Special Counsel Riley Hollingsworth by the request of my American Radio Relay League Official Observer Coordinator, Victor Magana N1VM. If you have any questions or concerns, I may be contacted at the phone number above.

Sincerely,
Erik Dean, N16G

Cc: Riley Hollingsworth
Victor Magana, NIVM
Chuck Skolaut, K0BOG

W. Riley Hollingsworth
Federal Communications Commission
1270 Fairfield Rd.
Gettysburg, PA 17325-7245

Dear Mr. Hollingsworth:

Please allow me to commend you for initiating an inquiry into the willful, deliberate, repeated and continuing one-way transmissions of Mr. Watkins, KI6GU.  These transmissions rather obviously constitute broadcasting to non-amateurs and have the direct effect of preventing licensed amateurs from communicating with each other. However, I do wish you would expand your inquiry to include the improper role of the real culprit, Art Bell, W6OBB.  Mr. Bell is the one who instigated Mr. Watkins to engage in the one-way transmissions, who kept assuring him that it was all strictly legal, who was fully involved in the transmissions themselves and who would jam out anyone who tried to tell the duo their transmissions were illegal.  Although Mr. Bell was quick to urge Mr. Watkins to thus violate part 97, he was too "C.S." (You know what I mean) to do it himself, apparently because he knew it was illegal, and now that you have commenced your inquiry into Mr. Watkins' behavior, Mr. Bell has abandoned him and left him to twist slowly in the wind.  Surely such conduct by Mr. Bell clearly demonstrates that he has not the moral integrity to remain a licensed amateur.  Please expand your inquiry to include Mr. Bell's role in furthering his conspiracy with Mr. Watkins to violate Part 97.

Thank you for your time,

Bill Crowell, N6AYJ


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