The Federal Communications Commission is the United States government agency responsible for monitoring radio waves in the U.S. Under authority delegated to the Commission by Congress, it periodically issues “Notice of Apparent Liability,” “Notice of Violation” and “Notice of Unlicensed Operations”. “to the public who has broken the Commission’s rules.
Commission fines can range from hundreds of dollars (which is rare) to many thousands of dollars (which is very common).
If you receive a notice from the Commission, there are some basic things you should know and do to avoid making a bad situation worse.
1. Don’t panic.
The fact that you received the Notice of Infringement does not conclusively mean that you have done anything wrong, but it does mean that the FCC has serious concerns about you and/or the radio system in question.
2. Do not freeze.
Just as if you were served with a lawsuit, you must respond fully to the Notice of Infringement or risk what would amount to a default judgment against you, and the FCC will send you a Notice of Apparent Liability. A Notice of Apparent Liability is essentially a bill for violation(s) that can cost you thousands or tens of thousands of dollars.
What else can the FCC do? They may order you to turn off your radio system or cancel your operator’s license. If you do not follow an FCC order, the Commission may refer the case for arrest and criminal prosecution.
3. Determine EXACTLY when your written response to the Commission is due.
The due date or the number of days you have to respond will be printed on the face of the Notice. That is the day the response is due to the Commission…NOT the day you mail the response. If you do not respond when requested, you may be subject to fines and/or closure orders.
4. Read the Notice VERY carefully. Then go back and read it again.
Determine EXACTLY what you’re being charged with…and when! You may not be the correct party based on the alleged infringement, or the date or time of the alleged infringement may be your defense. For example, if you were cited on a date or time when the radio system was not working, or was not working in violation of Commission rules.
5. What you tell the Commission in your response can be used against you.
The choice of words you use (or omit) in your written response is therefore critical, both from the point of view of response accuracy and from the equally important point of view of not unnecessarily incriminating yourself.
6. If you don’t know how to respond to an FCC notice, find someone to help you.
Go back and reread items 1 and 2 on this list. Remember, you owe the Commission a written response within a certain number of days, so every day you are late is a day lost. The quality, accuracy, and effectiveness of your written response will likely diminish as the deadline approaches…and you become more nervous.
If you have legal advice regarding FCC matters, contact your attorney immediately. If you do not have an attorney, you can find qualified attorneys on the web.
Note: This article, written by a California licensed telecommunications attorney, is not intended to provide specific legal guidance on any particular matter or to establish an attorney-client relationship. Rather, it is intended to provide general guidance. Consult an attorney for specific guidance on your legal matter. Copyright 2008 Jonathan Kramer, Esq.