The FCC has issued enforcement advice to licensees and operators in radio services.
[Complete text of FCC Enforcement Advisory follows.]
FCC APPLICATION ADVICE
DA 21-73
Exempt: 17 January 2021
WARNING: LICENSERS AND OPERATORS OF AMATEUR AND PERSONAL RADIO SERVICES MAY NOT USE RADIO EQUIPMENT TO COMMIT OR FACILITATE PUNISHMENTS
The Federal Communications Commission’s Enforcement Bureau (Bureau) issues this Enforcement Advice to remind licensees in the amateur radio service, as well as licensees and operators in the Personal Radio Services, that the Commission prohibits the use of radios in those services to commit or facilitate criminal acts. .
The Bureau has become aware of discussions on social media platforms suggesting that certain Commission-regulated radio services may be an alternative to social media platforms for groups to communicate and coordinate future activities. The Bureau acknowledges that these services can be used for a wide variety of permitted purposes, including speech protected under the First Amendment of the U.S. Constitution. However, amateur and personal radio services may not be used to commit or facilitate crimes.
Specifically, the Bureau warns amateur licensees that it is prohibited to send out “communications intended to facilitate a criminal act” or “messages coded to obscure their meaning”. 47 CFR § 97.113 (a) (4).
It is also prohibited for individuals who use radios in the personal radio services, a category that includes Citizens Band radios, family radio services and general mobile radio services, to use the radios’ in connection with any activity that is against federal, state or local law. ”47 CFR § 95.333 (a).
Persons using radios in the amateur or personal radio services in this manner may be subject to heavy fines, including substantial fines, seizure of the offending equipment and, in some cases, criminal prosecution. 47 USC §§ 401, 501, 503, 510.
Media inquiries should be directed to 202-418-0500 or [email protected].
Visit https://consumercomplaints.fcc.gov or call 1-888-CALL-FCC to lodge a complaint with the FCC. Contact your local law enforcement office or the FBI to report a crime.
Email [email protected] or call the Bureau of Consumer and Government Affairs at (202) 418-0530 to request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format). stem), (202) 418-0432 (TTY).
Issued by: Head, Application Bureau