The FCC has released an inspection notice for licensees and radio service providers.
[Complete text of FCC Enforcement Advisory follows.]
FCC APPLICATION NOTICE
DA 21-73
Released: January 17, 2021
ATTENTION: LICENSED AND OPERATORS OF AMATEUR AND PERSONAL RADIO SERVICES MAY NOT USE RADIO EQUIPMENT TO COMMIT OR FACILITATE PENAL ACTS
The Federal Communications Commission Enforcement Bureau (Bureau) issues this Enforcement Notice 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 took note of discussions on social media platforms that suggest that certain radio services regulated by the Commission may be an alternative to social media platforms for groups to communicate and coordinate future activities. The Bureau recognizes that these services can be used for a wide range of permitted purposes, including speech protected by the First Amendment to the United States Constitution. Amateur radio and personal services, however, cannot be used to commit or facilitate crimes.
Specifically, the Bureau reminds licensed amateurs that they are prohibited from transmitting “communications intended to facilitate a criminal act” or “encrypted messages for the purpose of obscuring its meaning.” 47 CFR § 97,113 (a) (4).
Likewise, individuals who operate radios on Personal Radio Services, a category that includes Citizen Band radios, Family Radio Service walkie-talkies and General Mobile Radio Service, are prohibited from using these radios “in connection with any activity that is against Federal, State or local law. ”47 CFR § 95.333 (a).
Individuals who use radios on Amateur or Personal Radio Services in this manner may be subject to severe penalties, including significant fines, seizure of infringing 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].
To file a complaint with the FCC, visit https://consumercomplaints.fcc.gov or call 1-888-CALL-FCC. To report a crime, contact your local law enforcement office or the FBI.
To order materials in formats accessible to people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call Consumer & Governmental Affairs at (202) 418- 0530 (voice), (202) 418-0432 (TTY).
Published by: Chief, Bureau of Execution