The Federal Communications Commission is the US government organizes policing the radio waves in the United States under the authority delegated to the Commission by Congress, it provides regular “notice of apparent liability”, “reporting violations” and “Notice of unlicensed activities” to the public, who have run afoul Regulations.
Commission Fines can range from hundreds of dollars (which is rare) to thousands of dollars (which is all too common).
If you receive notification from the Commission, there are a few things you should know and do so that you do not turn a bad situation into a worse state.
1. Do not panic.
The fact that you received a notice of violation is not conclusive that you have done something wrong, but it means that the FCC has serious questions about you and / or radio systems cited.
2. Do not freeze.
as being served with a law suit, you must fully answer the notice of violation or stop what constitutes a default judgment against you, and FCC will notify you of Apparent Liability. Notice of apparent liability is, in fact, a bill for the offense (s) that can cost you thousands or tens of thousands of dollars.
What else can the FCC do? They can order you to shut down the radio system, or stop operator’s license. If you fail to follow the FCC order, the Commission may refer the matter of arrest and prosecution.
3. Determine, exactly, when written reply to the Commission is due to
due date, or number of days you need to act will be printed on the front. notification. It is the day the answer is because the Commission … NOT day you put the answer in the mail. Failure to respond when required may subject you to fines and / or closure orders.
4. Read Notice very carefully. Then go back and read it again.
Determine exactly what you are being accused of … and when! It could be that you are not right party based on an alleged violation, or the date or time of the alleged violation could be a defense. For example, you were quoted on a date or time when the radio system was not in operation, or not act contrary to the Commission’s rules.
5. What do you say to the Commission in your response can be used against you.
choice of words you use (or drop) in writing your answer is important, both from precision-of- response point of view, and from the point of view not as important incriminating yourself unnecessarily.
6. If you do not know how to respond to FCC notice, find someone to help you.
Go back and re-read level 1 and 2 on this list. Remember, you owe it to the Commission in writing, within a specified number of days, so every day you delay is a day lost. The quality, accuracy and effectiveness of your written response will likely decline as a result of-date gets closer … and you get more nervous.
If you have a lawyer to deal with the FCC issues, contact your lawyer immediately. If you are not expected, you can find qualified lawyers on the web
Note :. This article, by communications lawyer licensed in California, is not intended to offer specific legal advice in any particular matter, or to generate a lawyer and his client. Rather, it is intended to provide general guidance. Check with a lawyer for specific instructions in your legal matter. Copyright 2008 Jonathan Kramer, Esq.