Enforcement of Telecommunications Law


It is truly sad that this page should need to be published or this service should ever be needed. However, the fact still remains that a few BAD apples are in every box. My intentions here are to make available the information you need should you ever be confronted with one of these BAD apples. In my observations it is best NOT to try to reason with these individuals (over the air OR by way of telephone) as this only appears to make the given situation worse.

Some may think that it is crude or indecent to file a complaint against a fellow operator, but please think of the inconvenience it will be to hundreds of the other GOOD operators. What if there is misconduct during an emergency? What if lives are at stake and the BAD apple has disrupted communications?

Following the guidelines below which have been accumulated from various resources and letting the FCC (Federal Communications Commission) do their job seems to be the most effective way to get a BAD apples attention. Keep it LEGAL and help the many GOOD apples continue enjoying our hobby.


Check the Enforcement Bureau's Responsibilities to make sure you are contacting the proper authority with your legitimate complaint.

What are the Enforcement Bureau's Responsiblities
http://www.fcc.gov/eb/mission.html





Table of Contents:

ARRL Government Relations
How to File a Complaint
Enforcement Bureau
Consumer Information Bureau



ARRL Government Relations
http://www.arrl.org/govrelations/
Click here for complete chronicle

Most Amateur Radio operators are law abiding "Americans on the Air," a very few operators engage in "jamming," obscenity and other unlawful acts which, at best disrupt ongoing communication and at worst constitute a threat to public safety. Criminal behavior should be countered with appropriate penalties.

Whereas:
Users of the radio spectrum are entitled to the full protection of the law from those who would use the spectrum unlawfully;
And whereas: The Federal Communications Commission is charged by Congress with the enforcement of radio regulations;
And whereas:: Amateur Radio operators are encouraged by the FCC's recent efforts to assign a higher priority to enforcement activities;
Therefore be it resolved: That the American Radio Relay League supports legislation permitting FCC or its Administrative Law Judges to issue summary suspension of Amateur Radio licenses in cases of repeated and willful misconduct;
And therefore be it further resolved: That the American Radio Relay League supports higher levels of funding to the FCC, and other legislation as necessary to support broader enforcement activities.

To Contents


How to File a Complaint
http://www.fcc.gov/eb/cibNews_Releases/428-amat.html
Click here for complete chronicle


FOR IMMEDIATE RELEASE
April 28, 1999

Report No. CI 99-16
COMPLIANCE AND INFORMATION ACTION

FCC ANNOUNCES IMPROVED PROCEDURES
FOR COMPLAINTS ABOUT AMATEUR RADIO


The FCC today announced that it has adopted new, improved procedures for persons to use the Internet to file amateur radio service complaints with the FCC. Effective immediately, amateur radio service complaints should be sent by electronic mail to the following Internet address: [email protected]

Alternatively, complaints can also be mailed to:

Compliance & Information Bureau
ATTN: Amateur Radio Complaints
1270 Fairfield Road
Gettysburg, Pennsylvania 17325


At the same time, the FCC said that effective immediately, it is discontinuing the telephone number designated for amateur radio complaints, 202-418-1184, and will rely exclusively on the Internet system, with the mail back-up.

Complaints that have already been made by telephone prior to this notice will be acted upon, and persons who have left messages on the Amateur Complaint line number will receive return calls by Commission staff. However, in the future, that number will not be available for complaints.

- FCC -

To Contents


Enforcement Bureau
http://www.fcc.gov/eb/
Click here for complete chronicle


The FCC's Enforcement Bureau, established in November 1999, enhances the FCC's ability to serve the public by improving the effectiveness of the agency's enforcement program in an increasingly competitive communications marketplace. The new Enforcement Bureau will be the primary FCC organization responsible for enforcement of the Communications Act, as well as Commission rules, orders and authorizations. It consolidates enforcement functions and personnel from the Commission's existing Common Carrier, Mass Media, Wireless Telecommunications and Compliance and Information Bureaus.


To Contents


Consumer Information Bureau
http://www.fcc.gov/cib/
Click here for complete chronicle


The new Consumer Information Bureau is the primary FCC organization responsible for handling public inquiries and informal consumer complaints.

The information provided by you and other consumers is carefully reviewed to determine whether the FCC should take enforcement actions against companies providing telephone-related services. FCC decision-makers also review and use this information to develop policies and rules that govern the practices of regulated companies and protect the interests of consumers.
If you want to file a complaint about a telephone-related problem you have experienced that is within the FCC's jurisdiction, you should complete the Consumer Complaint Form. If you want to provide information about a telephone-related problem you experienced that is within the FCC's jurisdiction but do not want to file a complaint with the FCC, you should complete the Give Us the Scoop Form.

The FCC recommends using Netscape Communicator 4.06 or above.


issue date 12/98

Options Should you experience difficulty accessing or submitting the form, we encourage you to call the CIB's Consumer Information Center 1-888-CALL-FCC. Our staff will take your complaint over the phone.



Section 255 of the Communications Act

Section 255 of the Communications Act requires that telecommunications service providers and manufacturers of telecommunications equipment ensure that their services and equipment are accessible to persons with the full range of disabilities recognized under the Americans with Act -- to the extent it is readily achievable to do so.

In April 1998, the FCC issued a Notice of Proposed Rule making in which it proposed rules and policies to implement the requirements of Section 255. The FCC is currently considering comments and reply comments filed by numerous consumer groups and industry participants regarding those proposals. Among the issues being considered by the FCC is a proposal to establish specialized rules for receiving and processing complaints filed by disabled persons pursuant to Section 255.

You can access a copy the FCC's Notice of Proposed Rule making and the comments and reply comments filed by various parties in this proceeding on the FCC's Web site at http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/9855com.html.

You can also access these documents and information about other issues affecting people with disabilities through the FCC's Disabilities Issues home page at http://www.fcc.gov/dtf.

Section 255 Complaints

Complaints about possible violations of the accessibility requirements of Section 255 of the Communications Act can only be filed with the FCC. These types of complaints cannot be filed in court as is the case with potential violations of other provisions of the Communications Act or the FCC's rules, regulations or orders.

While the FCC is considering permanent rules for processing complaints about possible violations of accessibility requirements of Section 255, you may bring your accessibility complaint to the attention of the FCC by completing our on-line Consumer Complaint Form or by sending a Consumer Complaint Letter to the FCC summarizing your complaint. If you need additional information or require assistance with completing the form, you may call the CIB's Consumer Information Center at 1-888-225-5322 (1-888-CALL-FCC.)

To Contents

Back to W5MAV's Page