An FCC Enforcement Bureau Notice of Unlicensed Operation (NoUO) issued last fall to a California Technician-class licensee for alleged unlicensed FM broadcasting on 95.7 MHz now has been upgraded to a Notice of Violation (NoV) that cites violations of the Part 97 Amateur Service rules. The March 15 NoV sent to Daryl Thomas, KE6MWS, of Carmichael, also specifically acknowledges Thomas as an Amateur Radio licensee — something not done in last November’s NoUO. The FCC Enforcement Bureau warned that it could progress to a Notice of Apparent Liability for Forfeiture (NAL), “if warranted.”
An FCC Enforcement Bureau agent who monitored transmissions on 95.7 MHz from “Amateur Radio station KE6WMS” in the FM broadcast band on January 31, 2019, observed violations of §97.103 — not operating in accordance with FCC rules; §97.113(b) — prohibited transmissions, i.e., broadcasting, and §97.301 — operation outside frequency bands authorized for Amateur Radio. The FCC ordered Thomas to respond in writing within 20 days, explaining each violation and actions taken to correct them and prevent their recurrence.