When teaching ham radio license classes, I often get asked whether the FCC enforces the Part 97 rules and regulations. That is, how likely is it that the FCC would come after me if I violate the rules? This same question surfaces concerning the General Mobile Radio Service (GMRS).
This morning, I looked at the FCC Enforcement Actions page, to see what’s there. First off, there are a ton of actions against unlicensed FM broadcast stations, in response to the PIRATE Act pass by Congress in 2020. There are also many actions against people operating RoboCall systems via telephone. If you find yourself bored, go ahead and read through these enforcement actions.
Here are some actions taken by the FCC concerning Amateur Radio and GMRS in the past few years:
In June 2022, the FCC sent a Notice of Violation to David Dean, K0PWO, concerning a continuous carrier signal on 7.033 MHz from a remote station near Fairplay, Colorado. I recall there being a ruckus about this incident in the ham radio community but I did not know it resulted in a Notice of Violation.
In June 2022, the FCC issued a Notice of Apparent Liability (FCC talk for “we are fining you”) of $34k to Jason Frawley, WA7CQ. The FCC says that Frawley used his ham radio to transmit on frequencies allocated and authorized for government use during the Johnson wildfire near Elk River, Idaho.
In November 2022, the FCC sent a Notice of Violation to David Dean, K0PWO. (This is the same person with the stuck transmitter in June 2022.) The FCC received a complaint from the State of Colorado that someone (later found to be Dean) had an illegally cloned radio transmitting on the State’s digital trunked radio system (DTRS) without authorization.
In June 2023, the FCC issued a Notice of Violation to Martin Anderson, GMRS WQQP653 in Vancouver, WA. This relates to a stuck transmitter, apparently due to a faulty transceiver at a repeater site. It transmitted continuous, unmodulated signals on the frequency of 462.725 MHz.
In August 2023, the FCC issued a Notice of Violation to Jonathan Gutierrez, GMRS license WRTD259 in response to a complaint of intentional interference to a 462.625 MHz repeater in Mt. Holly, Pennsylvania.
In August 2023, the FCC issued a Notice of Violation to Alarm Detection Systems, licensee of radio station WQSK406 in Louisville, Colorado. This is not ham or GMRS-related but involves a business band radio on 460 MHz. Apparently, the company continued to operate legacy “wideband” FM radios after the FCC required business band radio users to switch to “narrowband” radios (12.5 kHz channels). I found this interesting because it is an action related to the use of improper radio gear and emission type.
In May 2024, the FCC issued a Notice of Unlicensed Operation to Skydive Elsinore, LLC, a skydiving company in Lake Elsinore, CA. This company was transmitting in the 70 cm amateur band on 442.725 MHz without a proper license.
From these notices, we can see that the FCC does enforce amateur and GMRS rules, but not as often as we’d like to see. Usually, the situation has to be a big nuisance before it escalates enough for the FCC to take action. If you make a simple mistake once or twice, you are highly unlikely to be cited. If you are a more consistent or flagrant rule breaker, then you might get a visit from the FCC.
Remember that the ARRL has the Volunteer Monitor program, operating under a formal agreement with the FCC, that can assist with on-the-air violations.
73 Bob K0NR
Bob, I do believe that the bands be regulated, however, I do not like the power granted to the Auxillary ham police to enable F.C.C. to fine people many thousands for relatively minor infractions! People that commit assault and robberies are fined much less!! I enjoy amateur radio, as a listener, but am not willing to put my trust in gatekeeping and overzealous enforcement..and the people that get off in that power trip! Seen it here, will not engage with those that promulgate and promote said activities.. I do like your website Bob, and will avidly follow your posts! As for me being active, transmitting not my game.. Listening is good enough for me .
Hi Matthew,
What infractions are you referring to in this comment “to fine people many thousands for relatively minor infractions!”? I did not find that in the FCC records.
Bob K0NR
Bob, I have had people interested in joining our ranks as new operators, but have cautioned them to learn very carefully the regulations, so they don’t inadvertently get in trouble on air, It is not hard to really make a mistake that could cost them $$$! It is hard to get an Elmer in our area, as many of the older hams don’t wish to go thru the trouble, and I don’t blame them!! Probably, the less Amateurs, the better, especially for the Encomm participants.. I believe all new hams should always have an Elmer, too easy to break a rule without supervision..Local club membership should be a requirement!
Of course, I agree that new hams should learn the regulations and follow them. However, simple errors do not result in large fines from the FCC, as demonstrated by this blog post.
Engaging with a good, local club is a great way to learn about ham radio and have fun.
Bob K0NR